The Special Permit

Special Permit Overview

A special permit allows qualified organizations to sell and serve beer and/or table wine at a special event.

A special event is a short, infrequent, out-of-the-ordinary occurrence such as a picnic, fair, festival, reception, seasonal event, or sporting event for which there is an outcome, conclusion, or result.

Special permits can be issued for up to three consecutive days. 

Exceptions: 

  • A permit holder may have one special event per year that lasts up to seven days for a fair.
  • Special permits for sports organizations or junior hockey leagues are issued for the season.

A special permit entitles the holder to sell and serve beer and table wine for on-premises consumption from a booth, stand, or fixed place of business within the exhibition enclosure and confined to specific premises or designated areas described on the application (including bleachers or grandstands).

Guests may only consume beer and/or table wine within the designated area where the special permit is issued. Off-premises sales of alcohol may not occur. 

Exception: Only a Montana-licensed winery may provide wine that was fermented or blended at the winery’s licensed premises with a special permit for both on-premises and off-premises consumption.

How to Apply

There are two ways to submit your application for a special permit:

Requests for special permits must be received by the department at least five business days before the event.

Fees and Event limits

Qualifying organizations: $10 per day, limit 12 events per year

The following organizations may obtain a special permit for $10 per day, limited to 12 events per year:

  • 501(c)(3) organizations.
  • 501(c)(3) intercollegiate athletic fundraising organizations.
  • 501(c)(4) civic leagues or organizations.
  • 501(c)(6) chambers of commerce or business leagues (liquor liability insurance required).
  • Wineries licensed and located in Montana.

Veterans or fraternal organizations with an alcoholic beverage license

Veterans or fraternal organizations that have an alcoholic beverage license may get a special permit for an event off their licensed premises: $10 per day, limit 3 events per year.

Veterans or fraternal organizations without an alcoholic beverage license

Veterans or fraternal organizations that do not have an alcoholic beverage license and want to sell and serve beer, wine, or distilled spirits at a special event at their “post or lodge” may get one of the following, limited to 1 event per year:

  • All-Beverage Special Permit: $20 per day.
  • Beer and Table Wine Special Permit: $10 per day.

Professional sports organizations and junior hockey teams are limited to 1 permit for their season, at $1,000 per season. The permit only allows for sales and consumption of alcohol during sporting events.

Application Requirements

You must have local law enforcement sign the special permit form or, for electronic submissions, the second page of the special permit form, and upload it with the application when submitting throught the TransAction Portal (TAP).

Application Process

The application process takes approximately 2–5 days to complete once the application package is received with all supporting documents.

  1. The application is reviewed by CARD.
  2. Fees must be paid.
  3. Final approval is granted when the licensing specialist receives all finalized documents and the fees have been paid.

What the application must include

The application must:

  • Describe the location of the enclosure where the special event, activity, or sporting contest is to be held. This includes all service and consumption areas.
  • Describe the nature of the special event, activity, or sporting contest.
  • State the dates on which the special event, activity, or sporting contest will be held.

Nonprofit status

The applicant must be a current nonprofit organization with the IRS. Proof of the IRS designation is required with the application. 

Exceptions: Wineries and professional sporting teams.

Compliance Rules

All permit holders, their agents, employees, and volunteers must conduct special events in compliance with all laws governing the retail sale of beer and wine for on-premises consumption:

All permit holders 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.

Permit Holder Requirements

A special permit holder must:

  • Get law enforcement permission for the special event and an authorized signature sign-off for the special permit paperwork.
  • Display their permit and required age sign at the event.
  • Ensure anyone serving open-container alcoholic beverages is 18 years or older.
  • Purchase beer and table wine from a licensed beer wholesaler, table wine distributor, brewery, or winery. Alcoholic beverages for on-premises consumption at the special event may not come from anywhere else.

Permit Holder Permissions

A special permit holder may:

  • Have a special permit event near a church or school.
  • Serve beer and/or table wine between the hours of 8 a.m. and 2 a.m.

Prohibited Activities

A special permit holder may not:

  • Sell alcoholic beverages for off-premises consumption.
    Exception: Only a Montana-licensed winery may provide wine that was fermented or blended at the winery’s licensed premises with a special permit for both on-premises and off-premises consumption.
  • Have an ownership interest in a manufacturer, importer, bottler, or distributor of alcoholic beverages, or ownership in an agency liquor store.
    Exception: A Montana-licensed winery has a wine manufacturing license.

Donated product

Donated product is not allowed. However, a brewery and winery may sell products at a discounted rate as long as the brewery and winery do not violate any existing distributor agreements.

Exception: Wineries may not sell beer. Wineries may only sell and serve the wine they have produced at their permitted event.

Training and Public Health and Safety

Educating servers and sellers about Montana’s alcoholic beverage laws will help them understand their legal responsibilities. This understanding can lead to a number of outcomes improving the public health and safety, including:

  • A reduction in illegal sales to underage youth.
  • A reduction in illegal sales to intoxicated individuals.
  • The promotion of responsible alcohol consumption.
  • A reduction in drunk drivers.
  • A reduction in alcohol abuse.

Alcoholic Beverage Selling and Serving Education

The alcoholic beverage industry is governed by local, state, and federal laws and regulations. By obtaining a special permit, permit holders assume the responsibility of complying with all these laws and regulations.

Visit CARD's Alcohol Responsibility Matters site for information and educational materials on serving responsibly.

Acceptable Forms of Identification

Acceptable forms of ID are any government-issued ID that meets the following criteria:

  • Contains a photograph.
  • Contains a date of birth.
  • Is not altered or manipulated.

Common IDs

If the above criteria are met, common examples of conventional IDs include:

  • Montana driver’s licenses.
  • US passports.
  • Military IDs.
  • Montana tribal IDs.
Less common but acceptable IDs
  • Driver’s licenses, including from other states and foreign countries.
  • Other forms of government and foreign countries’ IDs.
  • Passports issued from countries other than the United States of America.
Acceptable new and unconventional IDs

If they meet the criteria above, the following are also acceptable:

  • Digital driver’s licenses and state IDs.
  • State (not private) college and university IDs.
  • Medical marijuana IDs.

The ABCs of IDs: Ask the question, “May I see some ID please?”

  • Pay attention to body language.
  • If the license image is vertical, the holder may be underage. Check the birthdate — they may have just recently turned 21.
  • When in doubt, ask for another form of ID.
  • Ask the cardholder questions and gauge their reactions.
  • Pay attention when they pull out their purse or wallet to get their ID. Are there multiple IDs?
  • Use a scanner or ID guide, but be aware that fake IDs may still pass through the scanner.
  • Be consistent with your ID routine: Do not deviate, do not think it’s rude, and do not think it’s a waste of time.

Be aware, fake IDs are cheap and very easy to get on the Internet, and they have the security features of a real ID and driver’s license. They can be purchased for all 50 states.

Remember: You may always ask for a second form of identification.

Promote a Safe and Responsible Event

It is illegal to serve or sell alcoholic beverages to anyone who is actually, apparently, or obviously intoxicated. It is easier to slow down service during early stages of consumption than to stop service once a customer has become intoxicated.

Below are some strategies to prevent serving or selling to an intoxicated person:

  • Know the alcohol proof of alcoholic beverages served.
  • Offer an alternative nonalcoholic beverage.
  • Continually evaluate customers.
  • Don’t stack drinks.
  • Remind the customer it is against the law to serve them to the point of intoxication.

Remember: The server or seller controls the sale or service of alcohol, not the customer.

Selling to intoxicated people

It is unlawful for any special permit holder, the special permittee’s employees, volunteers, or any other person to sell, deliver, or give away or cause or permit to be sold, delivered, or given away any alcoholic beverage to any person who is actually, apparently, or obviously intoxicated. See 16-3-301(4)(b), MCA.

There are many signs indicating someone is not of legal drinking age. They may:

  • Avoid eye contact and appear nervous.
  • Act overly confident.
  • Pool their money.
  • Lack physical maturity.
  • Come in groups.

Commonly used strategies to obtain alcohol include:

  • Using a fake driver’s license or identification.
  • Using a real driver’s license or identification from a friend.
  • Flirting or making friends with the server or seller.
  • Bribing the server or seller.
  • Trying to look older.

A “standard drink” contains 14 grams or 0.6 fluid ounces of pure (ethyl) alcohol. The following drink sizes are each equal to one standard drink unit:

  • Beer: 12 oz.
  • Wine: 5 oz.
  • Liquor: 1.5 oz.

The liver can only process approximately 0.6 oz. of ethyl alcohol per hour. Therefore, it would take the liver approximately one hour to process one standard drink unit.

There are many tricks of the trade to “sober up” a person. The only thing that “sobers” a person up is time

The following are not effective:

  • Coffee: Increases the appearance of alertness but does not improve the body’s ability to function. It only creates a wide-awake drunk.
  • Exercising and dancing: Causes sweating but does little to sober a person up.
  • Cold shower: Temporarily increases alertness but does not lessen the impairment alcohol causes.
  • Eating food while drinking: Slows the absorption rate of alcohol but does not stop impairment from occurring.

Civil and Criminal Liability

Civil/Dram Shop Law

This law allows for owners, managers, and employees to be held financially liable if alcohol is sold or served to a customer who subsequently injures someone or causes property damage, typically by driving while intoxicated.

Criminal Liability

This type of liability addresses the legal responsibility for a person’s acts. Failure of a person or entity to meet that responsibility leaves that person or entity open to a lawsuit for any resulting damages.

For sales to underage and intoxicated persons, this type of liability typically applies to the server or seller. The outcome of a criminal suit is not necessarily dependent on the outcome of the civil/dram shop suit for the same incident. Both cases are tried and resolved independently.

The criminal penalty for a server or seller who provides alcoholic beverages to an intoxicated person is up to a $500 fine and/or up to six months in jail.

The criminal penalties for a server or seller who provides alcoholic beverages to an underage person are:

  • First offense: Up to a $500 fine and/or up to six months in jail.
  • Second offense: Up to a $1,000 fine and/or up to six months in jail.

Montana Laws

No alcohol sales to persons under 21

It is unlawful for any licensee, a licensee’s employee, or any other person to sell, deliver, or give away or cause or permit to be sold, delivered, or given away any alcoholic beverage to any person under 21 years of age. See 16-3-301(4)(a), MCA.

National Minimum Drinking Age: A person must be 21 years of age to legally purchase and consume alcohol. See 23 U.S. Code § 158.

Hours of operation

Special permits may be issued for a 24-hour period. Hours of operation are from 8 a.m. to 2 a.m., at which time all alcoholic beverages must be removed from the individual’s possession. See 16-4-301(2)(c), MCA and ARM 42.12.324.

Privileges and responsibilities

Server/seller: A person must be 18 years of age to serve open-container alcohol. See 39-2-306, MCA.

Questions?

Contact an CARD Licensing Specialist for more information.