Montana HB 145: Generally revise laws related to alcohol license applications

Bill Text

68th Legislature HB 145

- 1 - Authorized Print Version – HB 145

ENROLLED BILL

AN ACT REVISING ALCOHOLIC BEVERAGES LICENSED PREMISES MORATORIUM LAWS; REDUCING
THE TIME PERIOD FOR THE MORATORIUM; AMENDING SECTION 16-4-413, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 16-4-413, MCA, is amended to read:
"16-4-413. Denial of application -- five-year two-year moratorium. (1) If an application for the
issuance of a new license or for the transfer of an existing license has been denied for any reason provided in
16-4-405, the department may not consider an application or issue any retail license, special permit, or special
license for those premises for 5 2 years unless the department, using the criteria described in subsection (3),
determines that the proposed use is substantially different from the use that was rejected. The prohibition
period commences on the date of the final agency decision or, if judicially reviewed, on the date the judicial
decision is final.
(2) If an application is withdrawn after a hearing has been held in which testimony is received
regarding any reason for denial provided in 16-4-405, the effect of the withdrawal is the same as if a final
decision had been made denying the application for any reason provided in 16-4-405. The 5-year 2-year
prohibition against considering an application or issuing a license for that vicinity commences on the date of the
withdrawal.
(3) The department shall determine whether a proposed use is substantially different by
considering:
(a) the capacity of the proposed use;
(b) the nature of the establishment;
(c) the presence and character of any entertainment; and

68th Legislature HB 145

- 2 - Authorized Print Version – HB 145

ENROLLED BILL
(d) the characteristics of the neighborhood."

Section 2. Effective date. [This act] is effective on passage and approval.
- END -

I hereby certify that the within bill,
HB 145, originated in the House.

___________________________________________
Chief Clerk of the House

___________________________________________
Speaker of the House

Signed this _______________________________day
of____________________________________, 2023.

___________________________________________
President of the Senate

Signed this _______________________________day
of____________________________________, 2023.

HOUSE BILL NO. 145
INTRODUCED BY P. GREEN
BY REQUEST OF THE DEPARTMENT OF REVENUE

AN ACT REVISING ALCOHOLIC BEVERAGES LICENSED PREMISES MORATORIUM LAWS; REDUCING
THE TIME PERIOD FOR THE MORATORIUM; AMENDING SECTION 16-4-413, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.