The Off-Premises Beer & Wine License

License Overview

The Department of Revenue (DOR) Cannabis and Alcohol Regulation Division (CARD) issues off-premises beer and table wine licenses that allow the licensee to sell beer and table wine in original packaging at retail for off-premises consumption between 8 a.m. and 2 a.m.

You have the option with this license to sell beer only, table wine only, or sell both beer and table wine. Table wine is a wine that contains less than 16% alcohol by volume (abv).

The three types of off-premises licenses

The term off-premises beer and wine license means a stand-alone beer and table wine specialty store, a grocery store, or a drug store licensed as a pharmacy throughout the rest of this page unless otherwise specified:

  • Stand-alone beer and table wine specialty store: If the license operates as a specialty store, 95% of its gross income must come from beer and table wine sales.
  • Grocery store: If the license operates as a grocery store, it must maintain a $3,000 inventory of at least three of each of the following: meats, vegetables, fruits, bakery items, dairy products, and household items.
  • Drug store licensed as a pharmacy: If the license operates as a drug store, it must have a pharmacy license.

How to Apply

You may apply electronically by going to the Accela Business License website.

If you do not already have an Accela account, you will need to create one.

Fees

  • One-time off-premises beer and table wine license processing fee: $200.
  • Annual off-premises beer license: $200.
  • Annual off-premises table wine license: $200.
  • Annual off-premises beer and table wine license: $400.
  • Fingerprint card fee for each individual with 15% or more ownership interest in the business: $30 each. Price subject to change.

Additional fees for this type of license may be charged by local city and county agencies. All license renewal fees are due whether the license is on nonuse status or active.

Application Requirements

General information

When applying for an off-premises beer and table wine license, provide the following general information:

  • A completed Accela Master Application.
  • A completed Beer and Wine License Application (Retail Off-Premises Consumption).
  • Temporary Operating Authority Form (PDF) requesting to operate before approval (for a maximum of 180 days). Online applications only, and some restrictions apply.
  • Copy of grocery inventory or pharmaceutical license, if applicable.
  • 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.

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), 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 page for more details.

When applying for an on-premises beer and wine license, 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 on-premises beer and wine license, provide the following ownership information (based on 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 an on-premises beer and wine license, provide the following management information, including:

Application Process

The application process takes an average of 45 days and begins when a complete application package with all supporting documents is received.

  1. The application is reviewed by CARD.
  2. The applicant will receive a letter requesting any additional documents, if needed.
  3. CARD notifies local agencies with jurisdiction over the premises area of the application in process.
  4. Before final approval of any new location, the applicant(s) contacts local building, health, and fire code officials to schedule inspections.
  5. CARD conducts a final review of the application. If necessary, any additional or closing documents may be requested.
  6. 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 have given notice that the licensed premises meet their requirements, and until a background check of the applicant(s) and a premises inspection have been completed for CARD to determine if the applicant(s) and location meet suitability requirements.

Compliance Rules

All licensees, their agents, and employees must conduct the licensed premises in compliance with all:

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

An on-premises beer and wine licensee may:

  • Sell beer and table wine between 8 a.m. and 2 a.m. for off-premises consumption.
  • Sell cans and crowlers (canned growlers) of beer received directly from a brewery in their original packaging.
  • Sell kegs of beer in their original packaging for off-premises consumption.
  • Only sell and store beer that comes from a beer wholesaler and brewery, and table wine that comes from a table wine distributor and winery.
  • Be closed for up to 90 consecutive days without department approval. However, you must fill out a Nonuse Request Form (PDF) and be approved by CARD to be closed longer than 90 days. See the Nonuse page for more information. Also, you may not enjoy any benefits of the license — including, but not limited to, ordering products — when on nonuse status.
  • Sell non-alcoholic (NA) type products if they are not over .5% abv.

Prohibited Activities

An off-premises beer and table wine licensee may not:

  • Lock premises doors while there are still customers inside.
  • Accept money from a distributor to advertise.
  • Allow anyone (licensee, employee, customer) to consume alcoholic beverages on the licensed premises.
  • Allow any alcoholic products you did not purchase from a beer wholesaler, table wine distributor, brewery, or winery on the licensed premises. Exception: You may purchase beer and wine in original packaging from another licensed retailer, up to 6 gallons per day.
  • Move product between locations if you own more than one license. Exception: You may purchase beer and wine in original packaging from another licensed retailer, up to 6 gallons per day. Keep your purchase receipts on file.
  • Sell alcoholic beverages through vending machines or third-party deliveries.
  • Deliver alcoholic beverages.
  • Own any interest in a manufacture license, agency liquor store, or wholesaler/distributor license.
  • Manage a wholesaler/distributor license, agency liquor store, or manufacturer license.

All employees who serve or sell alcoholic beverages, and their immediate supervisors, must have completed and passed the state-approved Responsible Alcohol Sales and Service (RASS) training within 60 days of hire, and must complete RASS renewal training every three years.

Use the training verification tool to find out if someone is server-trained. You must know their name and birthdate. You may find a list of approved training providers at AlcoholServerTraining.mt.gov.

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 CARD reviews and approves the request, you may begin the alteration without it affecting your license. You may request to have your license placed on a nonuse status while under construction. 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.

Seasonal Status

If you would like to operate a license on a seasonal basis, you must send a written request to the department that includes justification for operating seasonally and the general dates of operation.

If approved, the license closure is only effective from the date of the department’s letter of authorization through the end of the specified period. Notify the department before changing general dates of operation. Your license will reflect your general dates of operation.

While on seasonal status, you may not operate during your “off season” (this includes catering), and you may not order and receive deliveries during your “off season.”

Exception: You may order product to restock for your season to start.

Noncontiguous Storage of Alcohol

A licensed retailer may apply for one noncontiguous alcoholic beverage storage area within 10 miles of their licensed premises. Apply for approval before using the new storage area using the noncontiguous alcoholic beverage storage area request form (PDF). When approved, a new license will be issued with your non-contiguous storage information listed on the front.

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.
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.
Table wine
Wine that contains not more than 16% alcohol content by volume and includes hard ciders.

Questions?

Contact an CARD Licensing Specialist for more information.