Nonuse

A guide to reporting nonuse status for on-premises and off-premises retail licensees.

If a retail licensee is unable to operate a going establishment, the licensee must notify the Cannabis & Alcohol Regulation Division (CARD) with the nonuse form before the 90-day time period ends stated in 16-3-310, MCA.

Who Nonuse Applies To

Nonuse applies to the following license types:

  • On-Premises Licensees
  • Off-Premises Beer/Wine Licensees

What is a Going Establishment?

A going establishment is a business that:

  • Is open at least 20 hours per week for any four weeks in a 90-day period.
  • Maintains an inventory of at least ten cases of alcoholic beverages for each day the establishment is open.
  • Sells or provides a minimum of $50, calculated at cost, of alcoholic beverages each week the establishment is open.

How to File Nonuse

  • Fill out the non-use form:
  • List the date you stopped operating a going establishment, not the date you are filling out the form.
  • Explain the circumstances beyond the licensee’s control.
  • Send it to your Alcohol Licensing Specialist for review.
  • If you have a gambling license, you must contact your Gambling Control Division Licensing Specialist to let them know of your non-use status.

Catering During Nonuse

  • A licensee with a catering endorsement on nonuse status may not cater any events when on nonuse status.
  • A licensee with a catering endorsement may not cater any events at licensed premises where the licensee is on nonuse status.

Questions?

Contact an Alcohol Licensing Specialist.

Legal References

All licensees must comply with all federal and Montana alcoholic beverage laws and rules. See 16-3-310, MCA; and ARM 42.13.107, 42.13.108, and 42.13.112.

Updated January 2023. Please note the information in department communications may have been modified, superseded, or made obsolete by changes in federal or state law or the Administrative Rules of Montana.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.