Alterations

What is an Alteration?

An alteration is any structural change on a premises that may or may not increase the square footage of the existing approved premises' floorplan. Contact the Cannabis & Alcohol Regulation Division (CARD) for your approved floorplan if you are unsure of what your approved floorplan looks like. Cosmetic changes such as painting, carpeting, or other interior decorating are not considered an alteration.

Some examples of a structural change or "alteration" are:

  • Tearing down or adding a wall
  • Installing a drive-through window
  • Expanding into a new space not on your approved floorplan
  • Adding to the approved floorplan or removing a deck from the approved floorplan

Things to Consider Before Starting an Alteration

  • Premises must meet suitability based on the license type.
  • Alterations must be completed within one year of starting the alteration process or a new application must be submitted to CARD.

Building, health,fire, and premises inspection approvals

  • Check local ordinances before starting the alteration. Conditional use permits or other permits may be needed, and existing building deficiencies may require attention.
  • You must attest to whether a building permit is required. If you attest a permit is not required and CARD finds that your alteration did require a building permit, your license may be subject to a violation.
  • See Allowance A below for when building, health, and fire approvals may not be needed.

Staying Open or Not

  • A licensed retail business may stay open during an alteration but must maintain suitability based on your license type when operating.
  • A licensed retail business closed for an alteration must report nonuse to CARD before being closed longer than 90 days, and may not be on nonuse longer than one year.
  • A licensed on-premises retail business with a catering endorsement may not cater events while on nonuse.

Notification Requirements

Alterations that increase square footage

This applies to all license types. If an alteration does increase the square footage of the existing approved premises, CARD must receive your request and send an approval to begin before you start. The licensee must:

  • Provide a copy of the proposed floorplan and alteration request form to CARD before starting the alteration. See the Floor Plan page for what is required on a floor plan.
  • Meet the requirements in section 16-3-311, MCA.
  • Notify CARD if the completed alteration differs from the approved alteration request due to modifications required by other state or governmental officials. See Allowance B below.

Alterations that do not increase square footage

This applies to retail license types. If an alteration does not increase the square footage of the existing approved premises, the licensee must:

  • Provide a copy of the proposed floorplan and alteration request form to CARD within 7 days after starting the alteration. See the Floor Plan page for what is required on a floor plan.
  • Meet the requirements in section 16-3-311, MCA.
  • Notify CARD if the completed alteration differs from the approved alteration request due to modifications required by other state or governmental officials. See Allowance B below.

Allowances

If the alteration does not require the licensee to obtain a building permit, then the inspections by local government agencies may not be required for department approval. If you notify the department that the alteration does not require a building permit and it is discovered the alteration does require a permit, your license may be subject to a violation.

If a completed alteration differs from the approved alteration due to modifications required for approval by other state or local government entities, such as compliance with fire or building codes, CARD must be notified. However, preapproval is not required for these modifications.

When an alteration is considered completed and approved

Do not use the new area until the alteration has been completed and approved. An alteration is considered completed and approved when all of the following are met:

  1. If a building permit was required, building, health, and fire officials have notified the licensing specialist with their approval.
  2. A premises inspection is conducted and the licensing specialist verifies the premises match the proposed submitted floorplan and meet suitability.
  3. The licensing specialist sends an alteration approval letter.

The approval letter allows the licensee to use the newly altered or added premises.

Questions?

Contact an Alcohol Licensing Specialist

Legal References

All licensees must comply with all Federal and Montana alcoholic beverage laws and rules. See  SE 16-3-311, MCA, 16-4-402, MCA, and ARM 42.12.106, 42.12.145, 42.12.146, 42.12.147, 42.12.148, 42.12.149, and 42.13.106.

Updated December 2024. Please note the information in department communications may have been modified, superseded, or made obsolete by changes in federal or state law or the Administrative Rules of Montana. To verify the current validity of any Department of Revenue communication, please contact us at DORCARDEducation@mt.gov.