Montana Tavern Association

Ask MTA

Q. Can a retailer buy beer from another retailer?
A. NO (16-3-301,MCA) “It is unlawful for a licensed retailer to purchase or acquire beer from anyone except a brewer or wholesaler licensed under the provisions of this code.”

The law does not have a clear provision with respect to wine. A DOR legal opinion says that occasional sales by a retailer to another retailer are not prohibited unless the frequency of sales rises to the level of a wine distributor.

Q. Are rain checks for alcoholic beverages illegal?
A. There is no law stating alcoholic beverages rain checks are illegal. However, you can't sell liquor for less than the posted price at the time of sale. A rain check on liquor would only be good if the price given on the rain check was still the posted price at the time the rain check was redeemed.

Q. Is it against the law for children to be in a bar after a specific time?
A. There is no liquor law prohibiting children from being at a bar after a specific time.

Q. Can a cabaret license be sold?
A. Yes, but it must be operated at the previous owner's location at the time of sale for at least one year after the sale.(16-4-420(7))

Q. Can a liquor licensee cater an event at a location that is already licensed?
A. No. Only one license can be used at a premises.

Q. Can a parent or guardian give their child or ward, under the age of 21, alcoholic beverages.
A. Yes, in non-intoxicating quantities. HOWEVER, because a licensee or employee cannot allow the consumption of alcoholic beverages by persons under the age of 21 at their license establishment, a parent or guardian can’t do so on a licensed premises.

Q. Where can I get copies of the publication Montana Gaming Player?
A. Contact your route operator or your local tavern association. Call MTA for the name and telephone number of the tavern association contact person in your area.

Please send your questions to Chris Caldwell, Administrator of the Montana Tavern Association at PO Box 851, Helena, Montana 59624 or email us at mttavern@gmail.com. The question and the response will be added to this site and will also appear in the next issue of the Montana Tavern Times.