The Combined Beer Wholesaler and Table Wine Distributor License
License Overview
Note: Effective 7/1/2024, this license became a combined beer/table wine wholesaler license.
The term combined beer wholesaler and table wine distributor license means a stand-alone beer wholesaler license, a stand-alone table wine distributor license, or a combined beer wholesaler and table wine distributor license throughout the rest of this page unless otherwise specified.
Sub-warehouses
A beer wholesaler license may have multiple sub-warehouses, but a table wine distributor license may only have one sub-warehouse. A combined beer wholesaler and table wine distributor license may have multiple sub-warehouses where both beer and table wine may be stored.
How to Get a License
A combined beer wholesaler and table wine distributor license may be applied for directly from the Department of Revenue (DOR) Cannabis and Alcohol Regulation Division (CARD) and does not need to be purchased from an existing licensee unless you are buying an existing licensed business and the beer and table wine inventory.
You may apply electronically through the TransAction Portal (TAP).
Fees
Note: Effective 7/1/2024, fees changed for this type of license.
A fingerprint card fee of $30 each applies for each individual with 15% or more ownership interest in the business, regardless of license type. Price subject to change.
| Fee | Beer wholesaler only | Table wine distributor only | Combined license |
|---|---|---|---|
| One-time license processing fee | $200 | $200 | $200 |
| Annual license fee | $400 | $400 | $800 |
| One-time sub-warehouse license processing fee | $100 | $100 | $100 |
| Annual sub-warehouse license fee | $400 | $400 | $800 |
Adding to an Existing License
There is also a one-time fee of $400 to add a beer wholesaler or table wine distributor to an existing license.
Application Requirements
When applying for an all-alcoholic beverages license, provide the following general information:
- A completed application for a combined beer wholesaler and table wine distributor license.
- Alcohol and Tobacco Tax and Trade Bureau (TTB) Federal Basic Permit to wholesale beer and table wine.
- Agreements with licensed breweries, beer importers, wineries, and wine importers for products you will be distributing. If the agreements have not been signed, they must be provided to CARD within 60 days of signing the agreement. Log in and submit them through your account on TAP.
- Temporary Operating Authority - Form TOA (PDF) request, if applicable (for a maximum of 180 days).
- A completed CARD Authorization to Disclose Tax Information Form (PDF) for each individual with ownership over 15% and the applying entity for the purchaser of the license.
Note: Products and labels must be approved through CARD before any products can be distributed. You may search for approved products on TAP.
Provide a floor plan that includes but is not limited to the following: the business name, physical address, license number (if known), areas where alcoholic beverages are intended to be served, alcohol storage area(s), drive-through window (if applicable), kitchen area, number of seats, drink preparation area, external dimensions, entryways, and any patio or deck area(s)
Do not send in the original blueprints or architect drawings, and only submit an 8½″ x 11″ size copy of the floor plan. See the Floor Plan webpage for more details.
When applying for a license, you must provide the following financial information showing the “intent to purchase” the alcoholic beverage license (if buying an existing license), inventory, and building, if applicable.
Note: Do not exchange funds for the alcohol beverage license (if applicable) beyond earnest money of 5 percent of the license price without prior CARD TA or license approval.
- Copies of any loan agreements, contracts, notes, and all related security agreements, guarantees, and trust indentures.
- If funds come from somewhere other than a loan, the last 6 months of bank statements from the bank account you are using to pay for the alcoholic beverage license, building, and/or start-up operating funds for the business.
- Copies of lease, rent, purchase options, financing agreements, or other evidence showing possessory interest in the building.
- Financial statements, such as a balance sheet, income statement, or tax return for the business. If it is a new business, projected balance sheet and income statements are acceptable.
- Copy of business’s bank signature card.
- Purchase/transfer documents for the alcoholic beverage license, such as a buy/sell agreement, contract for deed, warranty deed, and bill of sale, if applicable.
Other sources of funding
File the Non-Institutional Loan (NIL) Form (PDF) with the application if any lenders or other sources of financing are not state or federally-regulated financial institutions, including gifting statements.
Each NIL also requires a Personal Criminal History Statement Form, plus two fingerprint cards and fees.
When applying for an all-alcoholic beverages license, provide the following ownership information (based on the entity type applying), including:
- Copy of partnership agreement documentation.
- Copy of articles of incorporation and amendments or addenda.
- Copy of bylaws and amendments or addenda.
- Copy of certificate of fact (for LLCs and LLPs).
- LLC organizational information.
- Copy of stock certificates, corporate minutes, and attachments.
- Stock ledger or register.
- Copy of certificate of existence (for in-state corporations).
- Copy of authority to conduct business in Montana (for out-of-state corporations).
- Copy of documentation from the Secretary of State verifying approved assumed business name (ABN).
- Copy of federal employer identification number (FEIN) verification from IRS.
- Completed Personal Criminal History Statement Form for each individual with 15% or more ownership interest in the business, plus two fingerprint cards and fees for each of those individuals.
When applying for a license, you must provide the following management information, including:
- Location Manager Form (PDF) (if someone other than an owner over 15% is managing the business).
- Personal Criminal History Statement Forms for each location manager.
- Two fingerprint cards and fees for each location manager.
Application Process
The application process takes on average 90 days and begins when CARD receives a complete application package and all supporting documents.
- The application is reviewed by CARD.
- The applicant will receive a letter requesting any additional documents, if needed.
- CARD notifies local agencies with jurisdiction over the area of the application in process.
- Before final approval of any new location, the applicant contacts local building, health, and fire code officials to schedule inspections.
- CARD conducts a final review of the application. If necessary, any additional or closing documents may be requested.
- Final approval is granted when the licensing specialist receives all finalized documents and inspections, and any outstanding issues or violations (if any) have been resolved.
It is the responsibility of the applicant to contact local building, health, and fire code officials to schedule inspections. CARD may not approve an application until local officials give notice to CARD that the licensed premises meet their requirements, and until a background check of the applicant(s) and a premises inspection is conducted so CARD can verify the applicant(s) and location meet suitability requirements.
Taxes
Beer wholesalers and table wine distributors are required to electronically file beer excise tax (BET), wine income tax (WIT), and/or hard cider tax (HCT) for quarterly tax returns, depending on the products sold.
Returns are due on or before the 15th of the month for the preceding reporting period sales, July 1 through June 30. Returns must be filed electronically through the TransAction Portal (TAP).
Need help filing any of these forms? Contact the DOR Business and Income Tax Examiner at (406) 444-0723 or email CARD at DORCARDEducation@mt.gov.
| Beer sold by barrel | Tax rate per barrel |
|---|---|
| 0 – 5,000 | $1.30 |
| 5,001 – 10,000 | $2.30 |
| More than 10,001 | $4.30 |
The tax rate on wine sales to retailers, sacramental wine licensees, and agency liquor stores is $0.027 per liter. The tax rate for hard cider is $0.037 per liter.
Compliance Rules
All licensees, their agents, and employees must conduct the licensed premises in compliance with all:
- Alcohol-related provisions of the laws of Montana (Montana Code Annotated [MCA] Title 16 and the United States Code of Federal Regulations [CFR]).
- County, city, or town ordinances.
- Indian alcohol beverage laws applicable within the areas of Indian Country.
- Administrative Rules of Montana (ARM) Title 42 for the Department.
All licensees must keep up on any changes to Title 16 MCA and the ARM.
Note: These may change from time to time. Contact CARD if there are any questions.
Licensee Permissions
A beer wholesaler and table wine distributor licensee may:
- Sell and deliver beer and table wine to a licensed retailer, and sell and deliver table wine to an agency liquor store.
- Sell and deliver non-alcoholic (NA) type products if they are not over 0.5% abv.
- Deliver product to a retail licensee at a catered event, the retailer’s licensed premises, or a special permit event.
- Provide samples to licensed retailers of up to 3 gallons of beer and 3 liters of wine to a retailer who has not purchased the specific sample product from the beer wholesaler or table wine distributor in the previous 12 months. Learn more about Wholesalers/Distributor Providing Samples to Clients.
- Assist a special permit holder at their event, or a retail licensee that has a catering endorsement, in setting up equipment for sale and service of beer and table wine — but may not sell beer and table wine at the event.
- Write checks directly to licensed retailers for teams that the retailer and the wholesaler/distributor are sponsoring, such as bowling teams, softball teams, dart leagues, etc.
- Have overlapping distribution areas; however, the supplier must provide the same price, promotional support, and terms to each wholesaler/distributor.
The beer wholesaler or table wine distributor is responsible for ensuring they are selling product to a licensed retailer, agency liquor store, or a retailer with temporary operating authority.
A licensee may request a refund on the tax paid if a product delivered to retailers is recalled by the manufacturer. The beer wholesaler or table wine distributor may amend the prior BET, WIT, or HCT tax return and request a credit be applied to their account or a refund be remitted.
Have questions? Contact the DOR Business and Income Tax Examiner at (406) 444-0723 or email CARD at DORCARDEducation@mt.gov.
A licensee may exchange or accept return of a product if the reason constitutes an ordinary and usual commercial reason such as: defective product, error in delivery, product unlawful to sell, termination of retail business or wholesale franchise, change in product, discontinued product, or seasonal business. A product that is overstocked, slow-moving, or seasonal does not qualify for exchange or return.
Deliveries and Storage Arrangements
Licensed retailers may have an approved noncontiguous storage area located within 10 miles of their licensed premises. How do you know if they have one? A license will be issued with approved noncontiguous storage information listed on the front of it. You can also look up a license on TAP to see if a licensee has an approved noncontiguous storage area.
Agency liquor stores may have a noncontiguous storage area located within the same quota area of an agency liquor store. How do you know if they have one? A license will be issued with approved noncontiguous storage information listed on the front of it. Not sure if an agency liquor store has an approved noncontiguous storage area? Call the Agency Liquor Store Specialist at (406) 444-0724 or email DORCARD@mt.gov.
Note: Beer deliveries are prohibited to the agency liquor store’s noncontiguous storage area. Those deliveries must be delivered to the off-premises licensee at the licensed premises of agency liquor stores grandfathered to sell beer, or to an approved noncontiguous storage area for the retail licensee.
An alternative delivery arrangement may be approved when you are not able to deliver to a retail licensee’s premises due to a unique physical location, such as an island or ski hill mountain top. You must fill out and submit the Alternative Delivery Arrangement Form (PDF).
Licensees may have an approved resort alternative alcoholic beverage storage facility when there are two or more retail all-beverage and resort all-beverage licenses.
How do you know if a licensee has one? You may look them up in TAP: click on the license link and it will show Yes or No in the Resort Storage Facility section. Or, request a copy of the license, and this will show the specific address.
Beer Wholesaler-Specific Permissions
A beer wholesaler-specific licensee may:
- Sell draft systems and portable cooling devices to licensees at not less than the cost to the beer wholesaler. A beer wholesaler may provide portable cooling equipment for special events at a location other than a licensed premises when the licensee is contracted to cater that event.
- Provide maintenance or repair services on draft beer equipment to keep it sanitary and in good working condition. Even when it is outside of the licensee’s regular maintenance service time, you must extend that service to all other licensed retailers.
- Only sell in their designated territory as agreed upon with the manufacturer or importer; however, different wholesalers may be appointed in the same territory to distribute different products.
Table Wine Distributor-Specific Permissions
A table wine distributor-specific licensee may provide a retail licensee with product displays and carton wine displays.
Prohibited Activities
A beer wholesaler and table wine distributor licensee may not:
- Own any interest in a manufacture license, retail license, or agency liquor store.
- Obtain a special permit.
- Allow consumption of alcoholic beverages on their licensed premises.
- Sell or deliver product directly to the public.
- Sell or deliver beer to agency liquor stores unless they have been grandfathered to sell beer (they will have a retail beer license for this).
- Sell or deliver product to a licensee during their “off season” dates. Exception: When delivering product to restock for their season to start. Check TAP for seasonal dates.
- Sell or deliver product to a licensee that is on nonuse. Check TAP for nonuse status.
Consignment sales with a manufacturer or another wholesaler/distributor are not allowed. Please see 27 U.S.C. 205(d), 27 CFR part 11, and TTB Industry Circular 2022-1. The industry circular clarifies how TTB views extended payment terms under the consignment sales provisions of the Federal Alcohol Administration Act (FAA Act).
A licensee may not allow more than a seven-day credit limit to a retailer. An extension or acceptance of credit longer than the seven days is considered as giving or receiving financial assistance, and is considered a violation of undisclosed financial interest.
A beer wholesaler-specific licensee may not supply a retailer with advertising in the form of radio, posters, or paying for promotional fees.
Exception: A few items and dollar limitations apply. A beer wholesaler may provide functional advertising materials such as bottle openers, trays, tap handles, menus, apparel, coasters, glassware, cups, or napkins that do not exceed $300 in value. Contact your CARD Licensing Specialist with questions.
A table wine distributor-specific licensee may not have overlapping territories to sell and distribute hard cider.
Licensee Requirements
A beer wholesaler and table wine distributor licensee must:
- Give law enforcement access to their licensed premises at all times.
- Provide the department an exact copy of any agreements, contracts, or franchises with a distributor, brewer, or beer importer within 30 days of signature. Log in and submit them through your account on TAP.
- Notify the department within 30 days of hire when there is a change in location manager for your alcoholic beverage business. See the Location Manager Guide for more information.
- Notify CARD regarding most changes to the existing license BEFORE the change occurs. Contact your CARD Licensing Specialist with questions.
Make sure all beer and wine products you plan on distributing in Montana have labels approved through CARD before the products from licensed breweries, wineries, and importers are received and allowed to be distributed in Montana. Check on TAP and click “Search Beer/Wine Labels” to see if labels have been approved by CARD.
- Wine: All wine products, including hard cider, must be approved by CARD.
- Beer: Some licensed Montana breweries may not need to go through product label approvals. Contact your CARD Licensing Specialist with questions.
Alterations
If you decide to remodel your establishment, you must send CARD an Alteration Request Form (PDF) along with a copy of the existing floor plan and a proposed floor plan showing the alterations before starting the alteration. Once the Department reviews and approves the request, you may begin the alteration without it affecting your license. You may not use the new premises area(s) until the department has approved them and they have passed building, health, fire, and a premises inspection.
Exception: In certain cases, pre-approval is not required. Contact CARD if you are unsure. Not sure if your “remodel” is considered an alteration? Contact your Licensing Specialist.
Dock Sales
Table wine (including hard cider)
An all-beverage licensee or their employee may obtain table wine from any table wine distributor licensee (even from outside their designated territory) in any amount that is agreed upon.
An agency liquor store agent and other licensed retailers or their employees may obtain table wine from a table wine distributor within the licensee’s territory for any amount that is agreed upon.
Beer
An all-beverage licensee or their employee may obtain beer from any beer wholesale licensee (even from outside their designated territory) in any amount that is agreed upon.
Licensed retailers or their employees (including liquor stores that were grandfathered to have a beer license) may obtain beer from a beer wholesaler within the licensee’s territory for any amount that is agreed upon.
Definitions
- Alcoholic beverage
- A compound produced and sold for human consumption as a drink that contains more than 0.5 percent of alcohol by volume.
- Beer
- A malt beverage containing not more than 8.75% alcohol content by volume, or an alcoholic beverage containing not more than 14% alcohol by volume, that is made by the alcoholic fermentation of an infusion or decoction, or a combination of both, in potable brewing water, of malted cereal grain, and in which the sugars used for fermentation of the alcoholic beverage are at least 75% derived from malted cereal grain measured as a percentage of the total dry weight of the fermentable ingredients. The term does not include a caffeinated or stimulant-enhanced malt beverage.
- Beer wholesaler
- A person who imports into, or purchases in Montana, beer for sale to licensed retailers.
- Hard cider
- An alcoholic beverage that is made from the alcoholic fermentation of the juices of apples or pears and that contains not less than 0.5% of alcohol by volume and not more than 8.5% of alcohol by volume, including but not limited to flavored, sparkling, or carbonated cider.
- Liquor
- An alcoholic beverage except beer and table wine. If beer and table wine deviate from their specific definition, then it defaults to the liquor definition. The term includes a caffeinated or stimulant-enhanced malt beverage.
- Non-institutional lender
- A person other than a state or federally-regulated banking or financial institution, a credit union, an investment company, a development company, or other regulated lender as defined in 31-1-111, MCA, who loans money to the applicant for a license or to the licensee.
- Sub-warehouse
- A building or structure owned or operated by a licensed beer wholesaler and table wine distributor, located in Montana other than the site of the principal place of business of the beer wholesaler and table wine distributor, used for the receiving, storage, and distribution of beer or table wine.
- Table wine
- Wine that contains not more than 16% alcohol content by volume and includes hard ciders.
- Table wine distributor
- A person who imports into, or purchases in Montana, table wine for sale to licensed retailers and agency liquor stores in Montana.
Questions?
Contact an CARD Licensing Specialist for more information.