Taxes and Fees

Reopening the Big Sky
Updated Phase II Guidelines for Alcoholic Beverage Licensees and Agency Liquor Stores Effective November 20, 2020

Updated November 20, 2020

On-Premises Licenses

All On-Premises Licensees must follow these guidelines:

Service Spacing and Cleaning

1. 1. Follow a specific cleaning plan meeting the Department of Public Health and Human Services (DPHHS) Guidelines:
      • Cleaning all surfaces between customers, including:
        • Tables
        • Bar counters
        • Chairs
        • Bar stools
        • Booths
        • Condiments (including holders)
        • Napkin holders
        • Décor
        • Menus
        • Gaming machines
      • Remove any table items which cannot be adequately cleaned between customers.
      • Clean all growlers prior to refilling.
      • Do not refill drinks. Provide a new glass each time.
      • Do not provide self-service cups, straws, lids, condiments, beverages, or food.
      • Do not reuse drink coasters unless they can be disinfected between patrons.
      • Do not provide community peanuts or other foods. You may serve these in individual customer containers.
   2. Keep operational gaming machines 6 feet apart. Gaming machines are considered tables for the purpose of serving food and drinks.
   3. Limit your occupancy to 50% of your normal operational capacity to allow for adequate group spacing.

When customers are waiting in line, keep groups that are not from the same household separated by an appropriate distance. If your waiting area is not large enough to allow social distancing, close the waiting area to customers.

• Limit all tables to 6 customers per table.
• Limit gaming machines to one customer per machine.
• Keep 6 feet of physical distance between groups or tables. You can accomplish this by:
  • Increasing table spacing, removing tables, or marking tables as closed;
  • Providing for a physical barrier between tables; or
  • Providing back-to-back seating with adequate separation.

Bar and Counter Service

1. Do not allow patrons to stand and mingle at the bar or elsewhere. All patrons should have a place to sit.
2. You may allow patrons to sit at bars or counters if:
   • Bar seating is following social distancing and sanitation protocols or other protective measures, such as a protective barrier;
   • Bar seating is approved by the local health department; and
   • Bar seating follows these requirements:
     • No bar seat may be within 6 feet of a well, taps, an area where drinks are passed to servers, ice machines, or other areas used to prepare or serve food or beverages;
     • Barstools are spaced 6 feet apart. If a group of six or fewer comes in and request to be seated together, a staff member may move seats to group them together, then separate the seats again once the group leaves;
     • If bars cannot keep 6 feet between bar seating and staff areas used for service preparation, a physical barrier or closing may be used to protect the staff.
3. Wells taken out of use are marked with a sign to remind staff. Keep a designated area at the bar to allow patrons to place and receive orders following these guidelines:
   • Only one patron may use this space at a time.
   • Keep 6 feet between all patrons from separate groups.
   • Patrons may receive their drink or order, then return to their seat.

Temporary Process for Modifying a License During Phase II

Financing

As a reminder, institutional loans (bank loans) do not require prior approval. Notification that a licensee has obtained a bank loan is only required with the license renewal submission.

Non-institutional loans (non-bank loans) must have prior approval. In order to speed up the review process, please follow these guidelines:

• Submit online through our TransAction Portal (TAP.DOR.mt.gov) and submit your request, or
• Send documents to Stacy Rogstad (SRogstad@mt.gov) via the ePass Montana File Transfer Service.

Fax or mail may not be processed as quickly as online submissions.Be sure to supply all required documents. Before we can conduct our review, an application must be complete.

The following documents are required:

• Non-institutional loan (Form 13).
• Personal/criminal history statement (Form 10 or Form 10A) for each person providing funding.
• Loan agreement and/or promissory note.
• Amortization schedule and/or other applicable contracts or documents.
• Source of funding for the loan (e.g., 6 months of bank statements).
• As noted in the above section, the requirements for fingerprint cards will temporarily be waived.

Financing application submissions will be given priority.

Additional Accommodations

During this time, we will allow debt holders (landlords, lenders, etc.) to provide temporary reprieve from payments normally required by law and rule. Bone fide emergency loan or lease agreement modifications will not be considered an improper NIL or undisclosed ownership interest.

Any agreement between the licensee and the debt holder to defer or forgive payments or change terms must be documented. The documentation should include details of the modification such as:

• Interest rate adjustment.
• Monthly payment adjustment.
• Monthly payment “holidays” or forgiveness.
• Change in loan terms.
• Timeframe for the modification (e.g., temporary or through the term).
• Other accommodations.

Documents should be submitted to the Department no later than with the licensee’s annual license renewal application, due June 30.

Key Personnel Changes

The license renewal form (due June 30) requires disclosure of any changes to mangers, officers, or directors. Please ensure all changes are reported at that time (or before).

Alterations to Licensed Premises

On premises retailers and manufacturers may want to alter their licensed premises to add additional outdoor space. As an accommodation during this time:

• You may work with your local officials to get their approvals prior to applying with the Department.
• Work with the Department to update your floorplan.
• If you can’t immediately meet suitability but have local official approval, the Department will grant temporary approval and will work with you to meet suitability and gain full approval.

Adequate cleaning and distancing must be maintained in outdoor space as well.