Guidance for Alcoholic Beverage Licensees and Agency Liquor Stores Effective January 15, 2021

New guidance for alcoholic beverage licensees and agency liquor stores effective January 15, 2021.

Update

To serve their customers in a healthful environment, businesses should make reasonable efforts to develop and implement appropriate policies based on industry best practices during this emergency.

Days and hours of operation for all licenses types and agency liquor stores revert back to those outlined in Title 16, MCA.

Continued Allowances

All licensees must follow all laws pertaining to the Responsible Alcohol Sales and Service Act (16-4-1001, MCA).

All licensees may:

• Take orders and payments on the phone or by computer.
• Sell for delivery, curbside pickup, drive-up or take-out for off-premises consumption prior to closing time.
  • Licensees and their employees (with server training, but no age requirement) may carry alcohol in original packaging¹ curbside or to a parking area. This includes growlers with beer and table wine.
  • Licensees and their employees (at least 21 and with server training) may deliver alcohol “off-site” in original packaging¹. This includes growlers with beer and table wine.

Selling Alcohol for Off-Premises Consumption

All licensees may sell alcohol for off-premises consumption prior to closing time.

All-Beverage and Beer Licensees

All-beverage and beer licensees may:

• Sell alcoholic beverages in individual servings² for take-out only. The buyer assumes liability for local or state regulations regarding open container laws.
  • Licensees employees must be at least 18 and have server training.

Breweries

Breweries may:

• Sell only in original packaging¹, including growlers with beer.

Wineries

Wineries may:

• Sell only in original packaging¹, including growlers with wine.

Distilleries

Distilleries may:

• Sell only up to 1.75 liters per person per day.
• Sell only in original packaging¹.

Restaurant Beer and Wine Licensees

Restaurant beer and wine licensees may:

• Sell only in original packaging¹.
• Sell beer and wine only to a patron who orders food, with that beer and wine stated on the food bill.

Off-Premises Licensees and Agency Liquor Stores

Off-premises licensees and agency liquor stores may only sell products in original packaging¹.

Beer Wholesalers and Table Wine Distributors

Beer wholesalers and table wine distributors may coordinate with retail licensees and with agency liquor stores for pickup of beer or table wine for any quantity of product that is agreed upon.

Continued Prohibitions

No licensee or agency liquor store may:

• Sell to a person under 21.
• Sell to any person actually, apparently, or obviously intoxicated.
• Have a third-party service such as Grubhub order, pickup, or deliver alcohol.
• Canvass for, or solicit, orders for alcohol. Customers must initiate the sale of alcohol either on the phone, in person, or online. Normal advertising rules apply.

Virtual Special Events NOT allowed.

Virtual Catered Events NOT allowed.

1. Original packaging means the sealed container in which a manufacturer packages its products for retail sale. This includes bottles, cans, kegs, and growlers, but does not include lines or piping for carrying product from a manufacturer’s premises to a retailer’s premises.
2. Individual serving means not more than 16 ounces of beer, not more than 2 ounces of liquor, not more than 7 ounces of wine, or a proportional combination thereof. For example, 1 ounce of liquor mixed with 8 ounces of beer.