Contacts

Liquor Licensing Bureau Chief

Denise Brunett
Telephone: (406) 444-0711
Email: DeniseBrunett@mt.gov

FAQs

Below you will find a list of Frequently Asked Questions that have been broken down by license type and/or specific categories. If you are unable to find an answer to your question, please contact us at 406-444-6900 or send us an email at dorliquorcontrol@mt.gov. We will be happy to help you.

Brewery Licensees

This includes answers to questions regarding common practices for domestic breweries, microbreweries, nanobreweries and includes such topics as sales, service and sampling of beer as well as production limits.

Catering and Tailgate Parties

This includes answers to common questions in regard to catering special events and tailgate parties for on-premises consumption licenses that have been issued a catering endorsement.

Catering at Special Events

This includes answers to common questions in regard to catering special events for on-premises consumption licenses that have been issued a catering endorsement.

Concession Agreements

This includes answers to common questions in regard to an on-premises licensee operating a concession agreement in conjunction with a business directly related to the on-premises consumption of alcohol.

Distillery Licensees

This includes answers to common questions regarding the operation of a distillery and/or microdistillery and includes such topics as samples, off-premises consumption and distribution of distilled spirits.

Domestic Winery Licensees

This includes answers to common questions regarding the operation of a winery or hard cider manufacturer in the state of Montana and includes such topics as samples, distribution and special permits.

Foreign Winery/Importer/Out-of-State Winery Registrants/Licensees

This includes answers to common questions regarding the sale, distribution and importation of wine for out-of-state and/or foreign wineries and includes such topics as the differences between a license and a registration as well as who they can sell to.

Liquor License Lottery

This includes answers to common questions regarding the liquor license lottery process and qualifications for applicants.

On-Premises Licenses

This includes answers to common questions regarding on-premises liquor licenses and includes such topics as where they can sell on their premises, who they can sell to, common violations and promotions.

Restaurant Beer and Wine Licenses

This includes answers to common questions regarding on-premises restaurant beer and wine licenses.

Special Permits

This includes answers to common questions regarding the issuance of special permits as well as who can qualify for a special permit.

Beer Wholesaler and Table Wine Distributors

This includes answers to common questions regarding beer wholesalers and table wine distributors and includes such topics of close-to-date or fire sale items, quantity discounts, samples and other industry topics.

Keg Tags

A keg means a brewery sealed, single container that contains not less than 7 gallons of beer. A licensee may not sell a keg of beer unless an identification tag is attached to the keg by the licensee. Keg tags are to be attached to kegs sold in the state for tracking purposes and to assist law enforcement with the enforcement of the Montana Alcoholic Beverage Code. At the time of the sale of the keg, a licensee shall record the purchaser's name, address, date of birth and drivers license number; date of purchase; the name of the clerk making the sale; and the purchaser's signature with the date of purchase.

The tag must consist of paper, plastic, metal or other durable material that is not easily damaged or destroyed and may be attached to the keg at the time of sale with a nylon tie or cording, wire tie or other metal attachment device or other durable means of tying or attaching the tag to the keg. The identification information contained on the tag must include the licensee's name, address, and telephone number; and a prominently visible warning that intentional removal or defacement of the tag is a criminal offense.

A person other than the licensee, the wholesaler of malt beverages or a law enforcement officer, may not intentionally remove identification placed on a keg in compliance with this section. A retailer that accepts return of a keg that does not have identification shall obtain the information on the original purchaser as well as the person returning the keg.

The licensees that can sell kegs are breweries, beer wholesalers and retailers. As beer wholesalers are not allowed to sell to the public, retailers and brewers are the only licensees who will attach keg tags and maintain information regarding the sale of kegs for at least 45 days as required by statute.

Keg tags can be obtained from the Department of Revenue, Liquor Control Division by calling 406-444-6900, sending an email request to dorliquorcontrol@mt.gov or completing and submitting the Keg Tag Request Form.

Managing Your License

All licensees are required to renew their license or registration on an annual basis. All Bar/Taverns/Restaurants or On-Premises Licenses, Breweries, Domestic Wineries, Out-of-State Wineries, Distilleries, and Wholesalers/Distributors must renew by June 30th each year. Renewal applications are either sent by U.S. Mail or electronic notification to complete on-line on or about May 14th. All Foreign Winery Registrations and Vendor Permits must renew by September 30th each year. Renewal applications are either sent by U.S. mail or electronic notification to complete on-line on or about August 14th.

Please understand it is a requirement that all employees that sell and serve alcohol and their immediate manager attend Alcohol Server Training within 60 days of hire to comply with the Responsible Alcohol Sales and Service Act of 2011. You can obtain information about the training on our Alcohol Education Page.

It is important for your to understand that there are a number of changes to your license that may require approval from us so we ask that you please contact us prior to making any changes to your business. We have listed below a few examples, the process and the cost associated:

Wholesaler, Distributor, Importer

Each business licensed or registered in the state of Montana as a wholesaler, distributor or importer of beer and/or wine must hold the appropriate basic permit issued by the Alcohol, Tobacco, Tax and Trade Bureau.

Beer Wholesaler and Table Wine Distributor Frequently Asked Questions

A Beer Wholesaler is a business located in the state of Montana that wishes to receive beer products from licensed breweries or beer importers for sale and deliver to other wholesalers or licensed retailers. A wholesaler shall maintain a fixed place of business, sufficient capital and the facilities, storehouse, receiving house or warehouse for the receiving of, storage, handling and moving of beer in large and jobbing quantities for distribution and sale in original packages to other licensed wholesaler or licensed retailers. A wholesaler may be issued separate licenses for each of their subwarehouses located in Montana which must also meet the above criteria. A wholesaler that is also licensed as a Table Wine Distributor may store wine in any of the wholesaler's warehouses or subwarehouses. (16-4-103, MCA)

A Table Wine Distributor is a business located in the state of Montana that wishes to receive wine products from licensed wineries or wine importers for sale and delivery to other distributors or licensed retailers. A distributor shall maintain a fixed place of business, sufficient capital, the facilities, storehouse, and receiving house or warehouse for the receiving, storage, handling and moving of table wine in large and jobbing quantities for distribution and sale in original package to other licensed table wine distributors or licensed retailers. Each table wine distributor is entitled to ONE table wine distributor license and may be issued ONE subwarehouse license. They may also hold a license to sell beer at wholesale.

A beer wholesaler or table wine distributor may not receive shipments from an importer, brewery or winery until all three of the below criteria have been met:

(1) The importer, brewery or winery has become licensed or registered with Department of Revenue, Liquor Control Division;

(2) The labels have been submitted and approved by DOR; and

(3) An agreement of distributorship is in place between the manufacturer and the wholesaler/distributor and an accommodation agreement, if applicable, has been provided.

A beer wholesaler or table wine distributor can pick up product or receive product from an "importer" as long as the "importer" is licensed/registered and an accommodation agreement is in place between the "importer" and the actual manufacturer. The accommodation agreement should be included with the distributor/wholesale agreement between the importer and the wholesaler/distributor designating territory and pricing requirements.

You can verify that an importer, brewery or winery is licensed or registered by conducting a "License Search" on the website located at: the TransAction Portal (TAP)

(Tip for using the search: Less is more, usually only partial names, at least four characters, the "%" sign is a wildcard if you are not sure of the exact spelling)

Prior to distribution of products to retailers, it is the responsibility of the wholesaler and distributor to ensure all products have been approved by the Department of Revenue to be distributed in the state of Montana, as well as file with the department a wholesale/distributor agreement that meets the statutory requirements with each manufacturer they will distribute beer and wine for. The requirements can be found under 16-3-222, 16-3-415 through 16-3-420, MCA.

Beer Wholesalers and Table Wine Distributors are tasked with selling and delivering wine and beer to licensed retailers, catered events of a licensed retailer and special events for a special permittee in Montana on behalf of the manufacturer in designated territories. They shall maintain the financial and competitive capability to efficiently and effectively distribute a suppliers products; maintain the quality and integrity of a supplier's products in a manner set forth by the brewery or winery; and merchandise the products in retail stores as agreed. Wholesalers and distributors have the exclusive right to establish selling prices to retailers so long as the price established is not less than the price paid by the wholesaler or distributor to the supplier. If the industry member offers quantity buy discounts, they must offer the same price reduction to all retailers who purchase that particular amount of product to prevent violations of inducement and retailer independence.

What you need to know about Promotions and Special/Catered Events as a Beer Wholesaler/Table Wine Distributor:

A Beer Importer is a business located outside the state of Montana that wishes to import beer into Montana to licensed beer wholesalers for sale to licensed retailers.

A Wine Importer is a business located outside the state of Montana that wishes to import wine into Montana to licensed table wine distributors for sale to licensed retailers.

Brewery, Winery, Distillery

Brewery License

Brewery - Frequently Asked Questions

All breweries licensed in Montana, whether located in the state or outside the state must hold the appropriate Brewers Notice as issued by the Alcohol, Tobacco, Tax and Trade Bureau. A brewer who produces less than 60,000 barrels of beer a year, may sell and deliver beer from its storage depot or brewery to wholesalers, retailers (with certain restrictions) and the public. They may also, if located in Montana, provide their own products for consumption, with or without charge, at the brewery.

Domestic Breweries are breweries, located in Montana, that produce over 10,000 barrels.

Domestic Nano Breweries are very small brewery operations, located in Montana, producing less than 100 barrels.

Domestic Small Breweries or "Microbreweries" are breweries, located in Montana, that produce over 100 but less than 10,000 barrels.

Foreign Breweries are breweries located outside the State of Montana who would like to import beer they manufacture into Montana to either be distributed by a licensed beer wholesaler or self-distribute to retailers.

Production Levels, by barrels, will determine what a licensee is permitted to do (16-3-213, MCA and 16-3-214, MCA):

Each brewery licensed in the state to manufacture beer may apply for a Brewery Storage Depot License to own, lease, maintain and operate, in any city or town in the state of Montana, a building for use as a storage depot, equipped with refrigeration and cooling apparatus, for receiving, handling, storing, selling and distributing beer. (16-4-102, MCA)

Winery License

Domestic Winery is a winery located in Montana that may, upon approval by the department of revenue and who holds the appropriate basic permit issued by the Alcohol, Tobacco, Tax and Trade Bureau (TTB), import in bulk, bottle, produce, blend, store, transport or export wine it produces; sell wine it produces at wholesale to wine distributors; sell wine it produces at retail at the winery directly to the consumer for consumption on or off the premises; provide, without charge, wine it produces for consumption at the winery; and obtain a special permit to provide wine at a special event. (16-3-411, MCA). Frequently Asked Questions

Foreign Winery is a winery located outside the state of Montana who manufactures wine and holds the appropriate basic permit issued by the TTB that ships their products to licensed table wine distributors in Montana.

Out-of-State Winery License is a winery located outside the state of Montana who manufactures wine and holds the appropriate basic permit issued by the TTB that ships to licensed retailers and licensed table wine distributors in Montana. Frequently Asked Questions concerning Foreign Winery and Out of State Winery Licenses: Frequently Asked Questions

Distillery License

Distillery License - Frequently Asked Questions

All distilleries whether located in the state or outside the state must hold the appropriate basic permit issued by the Alcohol, Tobacco, Tax and Trade Bureau (TTB). For distilleries located in the state, this allows them to import necessary products in bulk; bottle, produce, blend, store, transport, or export liquor that it produces; perform those operations that are permitted by TTB and if the distillery meets the definition of a microdistillery, they may offer their products for consumption at the distillery for both on and off premises consumption in limited quantities.

Microdistillery means a distillery located in Montana that produces 25,000 gallons or less liquor annually.

Production levels, by gallons, will determine what you are permitted to do as a licensee:

A business located outside of Montana who manufactures distilled spirits, would like to sell their products in Montana and would like to promote their products in Montana is considered a Vendor.

There are certain requirements, conditions and qualifications specific for a premises licensed to manufacture beer, wine or distilled spirits which include, but are not limited to:

* Must operate at a premises recognizable as a manufacturing facility of beer, wine or distilled spirits;

* Must be physically separated from any other business not directly related to a manufacturing facility located in the same building;

* Cannot operate under a Concession Agreement;

* Must not allow alcoholic beverages to be provided to customers through automatic vending machines or self-service devices;

* When allowed, may serve sample products manufactured on the licensed premises (quantities may be limited depending on production levels);

* Must restrict access by unauthorized persons to the manufacturing areas;

* Must have licensee's or employee's direct involvement in the service of alcohol for on or off premises consumption;

* A sample room may include a deck or patio, as long as the deck or patio, is immediately adjacent to and only accessible from the sample room, as well as enclosed in such a manner to restrict access from the street or sidewalk.

For a detailed list of requirements, please click on the links: ARM 42.12.122; ARM 42.12.139; ARM 42.13.601; ARM 42.13.805

Beer and Wine Retail Stores and Specialty Shops

This type of license is what is referred to as an "Off-Premises License" which means it is the intention for customers to purchase beer and/or wine to be taken home and consumed elsewhere. There are no quota limitations for off-premises licenses. There are four types of off-premises licenses: convenience/grocery stores, pharmacy, stand alone and sacramental wine.

Convenience/Grocery Store is a license that requires the applicant to maintain at least $3,000 worth of retail inventory, including three different types of meat, vegetables, fruits, bakery items, dairy products and household goods. (16-4-115, MCA)

Pharmacy is a license that requires the applicant to be a drugstore licensed as a pharmacy holding the appropriate pharmaceutical license.

Stand-alone off-premises license is a license used at an establishment in which 95% of the business' annual gross income comes from the sale of beer, table wine or both. These types of establishments are usually specialty beer and wine shops. (16-4-115, MCA)

Sacramental wine license is a license used at an establishment located in or outside Montana that sells church supplies, including sacramental wine, at retail to rabbis, priests, pastors, ministers or other officials of churches or other established religious organizations exclusively for use as sacramental wine or for other religious purposes. (16-4-313, MCA)

All off-premises locations must meet certain requirements to qualify for a license. These include but are not limited to:

* Sell beer and/or wine for off-premises consumption ONLY in their original packages;

* Be physically separated from any business under separate ownership from the licensed area by permanent walls. This includes a separate on-premises alcohol beverage business.

* All beer and wine inventory must be stored on-site in an area identified on the floor plan;

* Beer and/or wine purchased from the off-premises licensee may not be consumed anywhere on the property owned or leased by the licensee that is part of, adjacent to, or used in connection with the licensed off-premises business. (patio, deck, parking lot, sports or play area, etc.);

For a detailed list of requirements, please click on the links: ARM 42.12.122 and ARM 42.12.137.

Bars, Taverns and Restaurants

The type of license that bars, taverns and restaurants use is called an on-premises license. There are several different types of on-premises licenses. The type of business you have and the location of your business determine the type of license you need to apply for.

On-Premises Licenses - Frequently Asked Questions

County All-Beverages License is used by establishments located anywhere in a county, except within the boundaries of the incorporated cities and towns and within a five mile radius thereof. The license allows establishments to serve all alcoholic beverages including distilled spirits, wine and beer. This type of license allows businesses to apply for gambling and be open from 8 a.m. to 2 a.m. and must have a bar area in which alcoholic beverages can be sold, served and consumed. Quota limitations do apply for a county all-beverage license (one license for every 750 inhabitants), so be sure to contact the Liquor Control Division to verify there is a license available in your county prior to applying.

City All-Beverage License is a license that is used at an establishment located anywhere within the boundaries of an incorporated city or town and within a 5 mile radius thereof, and serves all alcoholic beverages including distilled spirits, wine and beer. This type of license has the ability to apply for gambling, can be open from 8am to 2am and must have a bar area to sell, serve and consume alcoholic beverages. Quota limitations* do apply when considering a city all-beverage license so be sure to contact the Liquor Control Division to verify there is a license available prior to applying.

* (Population 500 or less=2 licenses; population 501-3000=3 licenses for first 1,000 inhabitants plus 1 for each additional 1,000 inhabitants; population 3,001 or more=5 licenses for first 3,000 inhabitants plus 1 for each additional 1,500 inhabitants)

County Beer License or Beer License with a Wine Amendment is a license that is used at an establishment located anywhere in the county, except within the boundaries of the incorporated cities and towns and within a 5 mile radius thereof, and serves table wine and beer. This type of license has the ability to apply for gambling, can be open from 8am to 2am and must have a bar area to sell, serve and consume alcoholic beverages. Quota limitations do NOT apply when considering a county beer or beer license with a wine amendment. In order to be considered for a wine amendment, the establishment must have food available but the food need not be prepared on site.

City Beer License or Beer License with a Wine Amendment is a license that is used at an establishment located anywhere within the boundaries of an incorporated city or town and within a 5 mile radius thereof, and serves table wine and beer. This type of license has the ability to apply for gambling if it was issued prior to 1997, can be open from 8am to 2am and must have a bar area to sell, serve and consume alcoholic beverages. Quota limitations* do apply when considering a city beer license or beer license with a wine amendment so be sure to contact the Liquor Control Division to verify there is a license available prior to applying. In order to be considered for a wine amendment, the establishment must have food available but the food need not be prepared on site.

* (Population 500 or less=1 license; population 501-2,000=1 license for every 500 inhabitants; population 2,001 or more=4 licenses for first 2,000 inhabitants, 2 licenses for the next 2,000 inhabitants and 1 additional license for every additional 2,000 inhabitants)

Restaurant Beer and Wine License is a license that is used at an establishment located anywhere within the boundaries of an incorporated city or town and within a 5 mile radius thereof, and serves table wine and beer for on-premises consumption ONLY. This type of license must be used in conjunction with a "restaurant". "Restaurant" means a public eating place where individually priced meals are prepared and served for on-premises consumption, where at least 65% of the restaurant's annual gross income must be for the sale of food, that has a dining room, a kitchen and the number and kinds of employees necessary for the preparation, cooking and service of meals, that serves an evening dinner meal at least 4 days a week for at least 2 hours a day between the hours of 5pm and 11pm. This type of license DOES NOT have the ability to apply for gambling and can only serve table wine and beer from 11am to 11pm. Quota limitations* do apply when considering a restaurant beer and wine license so be sure to contact the Liquor Control Division to verify there is a license available prior to applying.

Restaurant Beer and Wine License - Frequently Asked Questions

* (Population 5,000 or less=80% of the beer quota; population 5,001-20,000=160% of the beer quota; population 20,001-60,000=100% of the beer quota; population 60,001 or more=80% of the beer quota)

Veterans or Fraternal License is a nontransferable and non assignable, as to ownership only, retail all-beverages issued to an enlisted personnel, noncommissioned officers', or officers' club located on a state or federal military reservation on May 13, 1985 or to any post of a nationally chartered veterans' organization or any lodge of a recognized national fraternal organization if the veterans' or fraternal organization has been in existence for a period of 5 years or more prior to January 1, 1949, that is used at an establishment that serves all alcoholic beverages including distilled spirits, wine and beer. This type of license has the ability to apply for gambling, can be open from 8am to 2am and must have a bar area to sell, serve and consume alcoholic beverages. Quota limitations do NOT apply when considering a Veterans or Fraternal license.

Golf Course Beer and Wine License is a nontransferable, gaming restricted license that is used at a golf course and application must be made by the person or entity that owns and operates the golf course. If the owner of the golf course is not the state, a unit of the university system or local government: the golf course must consist of at least 9 holes and 2, 500 lineal yards; be located within an incorporated city or town or within 5 miles of the limits of an incorporated city or town; and the applicant must pay a $20,000 initial application fee; or the golf course must consist of at least 9 holes and 2,500 lineal yards; be located within an incorporated city or town or within 5 miles of the limits of an incorporated city or town; and the governing body of the golf course must be incorporated under section 501(c)(3) of the Internal Revenue Code. The owner may only make sales of beer and wine during the time of year that the golf course is open for business, and the sales on days during that time must stop by 1 hour after sunset, and the seating capacity on the premises where beer and table wine are sold may not exceed 75 persons. If the owner of the golf course is the state, a unit of the university system or a local government, the owner may lease the beer and wine license for use at the golf course to an individual or entity approved by the department of revenue. An applicant for this type of license may not have held a beer and wine or all-beverages license within 12 months of the date of the application. (16-4-109, MCA)

Resort All-Beverage License is an all-beverage license that is used within a pre-determined resort area which does not include any land or improvements that lie wholly within the boundaries of a quota area. This type of license may apply for gambling; however, no more than 20 gambling machine permits may be issued for the resort area. This license may not be transferred or sold for operation at a location outside the boundaries of the resort area. The establishment can be open from 8 am to 2 am and must have a bar area to sell, serve and consume alcoholic beverages, including distilled spirits, wine and beer. There are limits to how many licenses may be issued within a particular resort area: 1 license for the first 100 accommodation units and an additional license for each additional 50 accommodation units in the resort area. (16-4-202, MCA) A licensee that operates a resort all-beverage license may also apply for a tour boat endorsement on their license if: the applicant has provided documentation verifying the boats are at least 40 feet in length and equipped to carry at least 50 passengers, as well as provided proof of that the health department has approved food services on the boat, inspections and approval have been issued by Fish, Wildlife and Parks of boat safety equipment requirements, current boat registration, business liability insurance coverage and the resort licensee/applicant is the owner of the tour boat. (16-4-210, MCA)

The resort area for purposes of qualification has a current actual valuation of resort or recreational facilities, including land and improvements, of not less than $500,000, at least half of which valuation must be for a structure or structures within the resort area; be under the sole ownership or control of one person or entity at the time of filing of the resort area plat, contain a minimum of 50 acres of land, contain a minimum of 100 overnight guest accommodation units, each unit capable of being separately locked by the occupants and containing sleeping, bath, and toilet facilities; and provide on the grounds of the resort the recreational facilities that warrant the resort designation being granted.

Airport All-Beverages License is a license that shall be issued for use at each publicly owned airport served by scheduled airlines and enplaning and deplaning a minimum total of 20,000 passengers annually. Application must be made by the agency owning and operating the airport. The agency owning and operating the airport may lease the license to an individual or entity approved by the department. This type of license has the ability to apply for gambling, can be open from 8am to 2am and must have a bar area to sell, serve and consume alcoholic beverages. Quota limitations do NOT apply for this type of license.

All on-premises locations must meet certain requirements to qualify for a license. These could include, but are not limited to:

* By indoor and outdoor advertising, signage, general layout and atmosphere of the premises an investigator can easily determine the type of alcoholic beverages business being conducted;

* Alcoholic beverages, that the establishment is licensed for, are advertised and displayed as being available for purchase;

* The layout of the premises allows for licensee/employee only control over the preparation, sale, service and/or distribution of alcoholic beverages;

* Adequate safeguards are in place to prevent sale, delivery or giving away of alcoholic beverages to underage and intoxicated persons;

* Sale of alcoholic beverages does not occur through the use of a drive-up window or provided to customers from self-service devices, vending machines or reach in coolers;

* The license will be operated at a premises clearly recognizable as a business established for the on-premises consumption of alcoholic beverages or other business directly related to the on-premises consumption of alcoholic beverages such as a bowling alley, hotel, gambling casino or restaurant and be physically separated from any business not directly related to (this does not include a coffee or beverage shop, bakery or kiosk);

* The license must be used at a premises that has a bar preparation area where alcohol can be purchased and consumed and sufficient seating to encourage patrons to remain on the premises and consume alcoholic beverages sold by the drink. Sufficient seating must consist of not less than 12 seats at a bar, tables, booths, gaming areas or any combination of the above. The twelve seats required are independent of any seats at gaming machines.

* The premises may include a patio if it has the required perimeter barrier, except that a license used at a golf course does not require a perimeter barrier around the patio because alcohol can be consumed at any place within the boundaries of the golf course;

For a detailed list of premises requirements, please click on the link ARM 42.12.122

Each of the above licenses may be issued a Catering Endorsement to sell and serve alcoholic beverages they are licensed for to patrons attending a special event within 100 miles of their licensed premises as long as the event is NOT on an already licensed premises and the sponsor of the event is not the licensee or another licensee. The licensee must have a written contract to provide alcoholic beverages at the event. A restaurant beer and wine licensee must serve food at the catered event. A beer licensee who applies for a catering endorsement must also provide food at their licensed premises.

Catering Special Events - Frequently Asked Questions

Catering and Tailgate Parties - Frequently Asked Questions

Licensed operations also will sometimes operate under a Franchise Agreement. A franchise agreement means a contract or agreement by which a franchisee is granted the right engage in business under a marketing plan prescribed in substantial part by the franchisor. The franchisee is required to pay, directly or indirectly, a fee for the right to operate under the agreement. For liquor licensing purposes, the franchise agreement must include an acknowledgment that the franchisor cannot receive a percentage of any sales of alcoholic beverages.

Other Types of On-Premises Licenses:

Passenger Carrier License is a license issued to common carriers serving Montana so they may serve alcoholic beverages to passengers in aircraft over or railroad cars in the state of Montana. (16-4-302, MCA)

Non Profit Arts Organization Beer and Wine License is a special beer and table wine license to sell beer and table wine to patrons of exhibitions, productions, performances or programs sponsored or presented by the organization in a specific theatre or other appropriately designated place of on-premises consumption. (16-4-303, MCA)

Application Process

After you have completed and sent in your application, there are several steps involved in processing your application.

Detailed Printable Version of Procedures

Bars/Taverns/Restaurants

When we receive a completed application, we will contact you to let you know that your application meets our initial requirements or to request additional documents. The approval process includes: (1) Notifying public officials that we have received an application to help us determine if any concerns or issues exist that may prevent the applicant or proposed location from qualifying for a license. Prior to final approval of any new location, it is the responsibility of the applicant to contact local building, health and fire code officials to schedule inspections. We cannot approve an application until we have been notified by the local officials that the licensed premises meets their requirements; (2) Publishing the transfer or issuance in the local newspaper where the license is located; (3) Conducting a complete audit and investigation of the applicant and/or proposed location to determine if they qualify for licensure; (4) Requesting Department of Justice (DOJ) conduct a background check of the applicant(s) and verify the location meets the requirements as specified in Administrative Rules of Montana (ARM).

Retail Beer and Wine Shops or Specialty Stores

When we receive a completed application, we will contact you to let you know that your application meets our initial requirements or to request additional documents. The approval process includes: (1) Notifying public officials that we have received an application to help us determine if any concerns or issues exist that may prevent the applicant or proposed location from qualifying for a license. Prior to final approval of any new location, it is the responsibility of the applicant to contact local building, health and fire code officials to schedule inspections. We cannot approve an application until we have been notified by the local officials that the licensed premises meets their requirements; (2) Conducting a complete audit and investigation of the applicant and/or proposed location to determine if they qualify for licensure; (3) Requesting Department of Justice (DOJ) conduct a background check of the applicant(s) and verify the location meets the requirements as specified in Administrative Rules of Montana (ARM).

Brewery/Winery/Distillery

Before you can legally manufacture beer, wine or distilled spirits, the law requires that you submit applications to the Alcohol, Tobacco, Tax and Trade Bureau (TTB) for your federal basic permit or brewers notice and for approval of your product labels (COLAS).

For businesses located in Montana that have applied to manufacture beer, wine or distilled spirits, it typically takes 60-90 days to process an application. When we receive a completed application, we will contact you to let you know that your application meets our initial requirements or to request additional documents. The approval process includes: (1) Notifying public officials that we have received an application to help us determine if any concerns or issues exist that may prevent the applicant or proposed location from qualifying for a license. Prior to final approval of any new location, it is the responsibility of the applicant to contact local building, health and fire code officials to schedule inspections. We cannot approve an application until we have been notified by the local officials that the licensed premises meets their requirements; (2) Conducting a complete audit and investigation of the applicant and/or proposed location to determine if they qualify for licensure; (3) Requesting Department of Justice (DOJ) conduct a background check of the applicant(s) and verify the location meets suitability requirements as specified in Administrative Rules of Montana (ARM).

For businesses located outside of Montana that have applied to ship beer and/or wine to licensed wholesalers, distributors or retailers in Montana, it typically takes 2 to 4 weeks to process an application. When we receive a completed application, we will input all applicable information into our system, including COLA information from the TTB, as well as the licensed distributors/wholesalers that will deliver their products to retailers. The label information will be automatically updated to our online account management system, the TransAction Portal (TAP), where licensees can update label and other account information 24 hours/day, 7 days/week.

Wholesaler/Distributor/Importer

Before you can distribute alcoholic beverages, the law requires that you submit applications to the Alcohol, Tobacco, Tax and Trade Bureau (TTB) for your federal basic permit and provide DOR with distributor agreements with each brewery or winery you intend to distribute products for.

For businesses located in Montana that have applied to distribute beer and/or wine to retailers, it typically takes 60-90 days to process an application. When we receive a completed application, we will contact you to let you know that your application meets our initial requirements or to request additional documents. The approval process includes: (1) Notifying public officials that we have received an application to help us determine if any concerns or issues exist that may prevent the applicant or proposed location from qualifying for a license. Prior to final approval of any new location, it is the responsibility of the applicant to contact local building, health and fire code officials to schedule inspections. We cannot approve an application until we have been notified by the local officials that the licensed premises meets their requirements; (2) Conducting a complete audit and investigation of the applicant and/or proposed location to determine if they qualify for licensure; (3) Requesting Department of Justice (DOJ) conduct a background check of the applicant(s) and verify the location meets suitability requirements as specified in Administrative Rules of Montana (ARM).

For businesses located outside of Montana that have applied to ship beer and/or wine to licensed wholesalers or distributors in Montana, it typically takes 2 to 4 weeks to process an application. When we receive a completed application, we will input all applicable information into our system, including COLA information from the TTB, as well as the licensed distributors/wholesalers that will deliver their products to retailers. The label information will be automatically updated to our online account management system, the TransAction Portal (TAP), where licensees can update label and other account information 24 hours/day, 7 days/week.

How to Apply by Mail

If you are going to mail us your application, the first thing to determine is the type of license you are applying for:

The application that bars, taverns and restaurants need to complete is the Alcohol Beverage/Gambling Operator Combined License Application which also includes a guide. This type of application is also used to apply for a Golf Course Beer and Wine, Resort, Veteran/Fraternal License, Floater and Political Subdivision of the State/Fairgrounds License.

The application that beer and wine retail stores and specialty shops need to complete is the Off Premises Beer and Wine License Application. This type of application is used by grocery stores, convenience stores, gas stations, stand alone stores, pharmacies and specialty shops to apply for a beer and wine license. The application requires all applicants to submit a floor plan and requires grocery stores, gas stations and convenience stores to submit a grocery inventory.

The application that Breweries, Wineries, and Distilleries need to complete depends on the business's location and the type of alcoholic beverages it produces or imports:

Businesses located in Montana that would like to produce, distribute and sell beer need to complete the Montana Domestic Brewery License Application.

Businesses located in Montana that would like to produce, distribute and sell wine need to complete the Montana Domestic Winery License Application.

Businesses located in Montana that would like to produce and sell distilled spirits need to complete the Montana Domestic Distillery License Application.

Businesses located outside of Montana that produce beer and would like to distribute and sell their beer in Montana need to complete the Foreign Brewery or Importer License Application.

Businesses located outside of Montana that produce wine and would like to import their wine into Montana to be distributed by licensed table wine distributors need to complete the Foreign Winery or Importer Application.

Businesses located outside of Montana that produce wine and would like to self distribute to retailers in Montana need to complete the Out-of-State Winery License Application.

Business located outside of Montana that sells distilled spirits in Montana and would like to promote their products in Montana need to complete the Vendor Permit Application and Application for Vendor Representatives.

The application that wholesalers and distributors of beer and/or wine need to complete is the Montana Beer Wholesaler and Table Wine Distributor License Application. A beer wholesaler or table wine distributor is a business located in the state of Montana that wishes to receive beer and/or wine products from licensed or registered breweries, wineries or importers for sale and delivery to licensed retailers or other licensed wholesalers and distributors.

To import beer into Montana, businesses need to complete the Foreign Brewery or Importer License Application. To import wine into Montana to be distributed by licensed table wine distributors, businesses need to complete the Foreign Winery or Importer Application.

Operators of aircrafts and railroad cars in Montana that wish to serve alcohol to passengers, need to complete the Passenger Carrier Application.

Nonprofit organizations that are organized and operated for the principal purpose of providing artistic or cultural exhibitions, presentations or performances for viewing or attendance by the general public need to complete the Nonprofit Arts Organization Beer an Table Wine License Application.

Publicly owned airports that serve a minimum of 20,000 passengers annually need to complete is the Public Airport All-Beverage License Application

Please take a minute to review the list of required and applicable documents you will need to provide with your application by clicking on the link below:

Required Documents

Note: If your business does not fit into one of the above descriptions, please contact us at 406-444-6900. We will be happy to help.

All applications for Bar/Tavern/Restaurant must be mailed to:

Montana Department of Justice
Gambling Control Division
PO Box 201424
Helena MT 59620-1424

All other applications can be mailed to:

Montana Department of Revenue
Liquor Control Division
PO Box 1712 Helena MT 59602.

How to Apply Electronically

Effective January 21, 2014 apply for your bar, restaurant or tavern license online!

Individuals applying for an all-alcoholic beverages license, city beer license, city beer license with a wine amendment, a restaurant beer and wine (cabaret) license, golf course beer and wine license or non-profit arts organization beer and wine license can apply electronically.

Do you currently have a bar, restaurant or tavern license registered on the TransAction Portal (TAP)?

If yes, click https://tap.dor.mt.gov and log in to start the application process.

If no, click https://tap.dor.mt.gov/?Link=CombinedAPP to start the application process.

For your convenience, we have created step-by-step instructions for logging on, for licensee's that already have an on-premises account registered on TAP, click here for further instructions or if you have not registered yet, click here for further instructions.

TAP functionality also allows existing licensees to:

Report any changes you may otherwise report using Form 37, including a change in location, the death of a licensee, a divorce among licensees, gifting among licensees, a sale among licensees or a foreclosure.

Report any changes you might otherwise report using Form 39, including an increase in ownership for an individual from under 10% to over 10%, sale among existing owners with no other changes to the licensed entity or an entity type change (LLC to Corp).

Other ways you can manage an existing license online include:

• Adding/removing managers, officers or directors
• Adding/removing a catering endorsement
• Adding/removing a wine amendment
• Adding/removing secured party(ies)
• Adding/removing a concession agreement
• Adding lease/loan documents
• Requesting an alteration
• Requesting temporary operating authority
• Requesting addition/extension/removal of nonuse (inactive) status
• Requesting change of mailing address
• Requesting change of owning entity name
• Requesting change of an account DBA name
• File annual renewal application

The links below give additional information for the application process:

Attachment Descriptions - A description of the attachments for Form 5 - Combined Alcoholic Beverage Gambling Operator Application that may be required with the application. Supplemental attachments are required for a complete application. Applicants will be required to attach the applicable documents at the end of the application process.

Short Form Attachment Description - A description of the attachments for Form 37 and Form 39 that may be required with the application. Supplemental attachments are required for a complete application. Applicants will be required to attach the applicable documents at the end of the application process.

Retrieve Application - Applicants that save an application and wish to finish later can click this link to retrieve their application. Applicants will be required to key in their email address and a 6 digit alpha-numeric code that was provided to them at the time of saving the application.

We encourage all applicants to use these new, safe and secure online features. Please call us at 406-444-6900 with any questions.

License Types and Fees

NOTE: Please be aware that the city council of any incorporated town or city or the county commissioners outside of any incorporated town or city may also charge a license fee for an all-beverage or beer license that is separate from the annual license fee charged by the Department of Revenue, Liquor Control Division (16-4-503, MCA)

* Gaming is available with these licenses with minor exceptions. (A floater license issued after July, 2007 which resulted from a lottery is not eligible to offer gambling.)

**Gaming is available with these licenses with minor exceptions. (New city beer licenses issued after 1997 may not be issued at a premises where is gambling is conducted.)

About Alcohol Beverage Licenses

Montana law requires all alcoholic beverages retailers, wholesalers, manufacturers, importers and brokers to obtain a license or permit before doing business in the state. The Department of Revenue, Liquor Control Division is responsible for the Alcoholic Beverage Code that relates to the control, sale and distribution of alcoholic beverages.

Liquor Licensing's areas of responsibility include processing license applications, permits and registrations, transfer of existing licenses and license renewal applications. This bureau is also responsible for monitoring the activities of existing licensees and permit holders, and for responding to issues arising from that activity and related infractions of law, rule, policy and procedure.

Each year, the Montana Liquor Control Division's licensing specialists review more than 7,000 applications to ensure that licenses, registrations and permits are issued only to qualified applicants operating at qualified premises.  License classifications and qualifications for applicants and premises are specified in Montana Code, Title 16 and the Division's administrative rules located in Montana Administrative Code, Chapter 42.