Prepared Servings: Cocktails, Beer, and Wine To Go
What is a Prepared Serving?
A prepared serving is a container of an alcoholic beverage(s), filled at the time of sale and secured with a lid. The prepared serving is intended for consumption somewhere other than on the licensee’s premises or pickup location. It may not be considered a prepared serving if the lid of the container looks like it was “factory sealed” by a manufacturer.
Open Container Law
All motorists must adhere to the Montana open container law. An open alcoholic beverage container is a bottle, can, jar, or other receptacle containing any amount of an alcoholic beverage that is open, has a broken seal, or has had the contents partially removed. See 61-8-1026 and 61-8-461, MCA.
On-Premises Retail Licenses
What is allowed
- Must be prepared and filled at the time of the sale.
- Must use a container sealed with a lid.
- There is no size limit on the container or amount of alcohol.
- All-beverage licensees may sell drinks with liquor in to-go cups with lids only. Federal regulations do not allow retailers to bottle or can distilled spirit drinks.
- Restaurant beer and wine (RBW) licensees may sell prepared servings. Food must be purchased at the same time, as stated on the bill, and may only be sold between the hours of 11 a.m. and 11 p.m.
- Industry members (breweries, wineries, distilleries, and wholesalers) may sell cups to retailers if the cups are sold at a price not less than the cost to the industry member who initially purchased them.
Optional Labeling
Labeling a prepared serving is optional. If you choose to label, you may include:
- Name of the establishment.
- List of ingredients, including the name brand of the distilled spirit, beer, or wine.
- The wording “Mixed by…,” “Blended by…,” “Prepared by…,” etc.
- Name of the cocktail.
What's not allowed
- May not prefill or prepare servings before the sale.
- May not bottle or can drinks with liquor (per federal guidelines).
- May not refill liquor bottles.
- May not consume prepared servings on licensed premises.
Prohibited Labeling
Labeling may not include anything suggesting the product was manufactured or produced at the on-premises establishment, or that misleads the public to believe the on-premises establishment is a manufacturer. Prohibited wording includes:
- “Manufactured by…”
- “Canned by…”
- “Created by…”
- “Bottled by…”
- “Produced by…”
- “Handcrafted by…”
Manufacture Licenses
What's Allowed
- Must be prepared and filled at the time of the sale.
- Must use a container sealed with a lid. This does not include growlers or crowlers, which are considered original packaging.
- There is no size limit on the container or amount of alcohol, except as noted for breweries and distilleries.
- For brewery and distillery licenses, all prepared servings count toward sample room limits and may only be sold between the hours of 10 a.m. and 8 p.m.
- Distilleries may can cocktails with distilled spirits, also known as ready to drink (RTD). The distillery must go through the federal and state product and labeling process for RTDs.
- Industry members (breweries, wineries, and distilleries) may sell cups to retailers if the cups are sold at a price not
What's Not Allowed
- May not prefill or prepare servings before the sale. Approved RTDs by distillers are an exception and are not considered prepared servings; they are considered original packaging.
- May not consume prepared servings on the licensed premises.
- May not exceed sample room limits.
Sample room limits
- Breweries are limited to no more than 48 oz per person per day.
- Distilleries are limited to no more than 2 oz per person per day.
License Types that Cannot Offer Prepared Servings To Go
- Off-premises.
- Golf course beer and wine.
- Nonprofit arts.
- Yellowstone Airport beer and wine.
- Montana Heritage.
- Sacramental wine.
- Academic brewer (FVCC and MSU-Billings).
- Continuing Care Retirement Center.
- Beer wholesaler and table wine distributor.
- Manufacturers without sample rooms.
- Breweries producing more than 60,000 barrels annually nationwide.
- Distilleries producing more than 200,000 proof gallons of liquor annually.
Questions?
Contact an Alcohol Licensing Specialist.
Legal References
All licensees must comply with all federal and Montana alcoholic beverage laws and rules. See 16-1-106, 16-2-106, 16-3-213, 16-3-214, 16-3-219, 16-3-303, 16-3-411, 16-4-105, 16-4-110, 16-4-115, 16-4-201, 16-4-208, 16-4-209, 16-4-213, 16-4-312, 16-4-418, and 16-4-420, MCA; 61-8-1026 and 61-8-461, MCA, on the open container law and definitions; and 27 CFR § 6.88 on equipment and supplies and 27 CFR § 31.204 and 27 CFR § 31.233 on mixed cocktails and mixing cocktails in advance of sale.
Updated June 2025. 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.
