16-4-306. (Temporary) Transfer of existing license to political subdivision of state — rulemaking. (1) A political subdivision of the state of Montana may apply to the department for the transfer of an existing retail beer or beer and wine license and, on approval by the department, the political subdivision may own and operate the license or lease the license to a person, firm, corporation, or other entity approved by the department.

Terms Used In Montana Code 16-4-306

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)A license that is transferred to a political subdivision of the state:

(a)may be transferred only to another political subdivision of the state and not to any other person, firm, corporation, or entity;

(b)does not authorize and may not be used in conjunction with gambling activities except for horseracing as authorized in Title 23, chapter 4;

(c)may be authorized only for a fairgrounds complex owned by the political subdivision;

(d)is authorized for use in all facilities contained in the fairgrounds complex;

(e)must be taken into account in determining the license quota restrictions of 16-4-105; and

(f)is subject to all license fees, laws, and rules applicable to retail beer or beer and wine licenses.

(3)The department may adopt rules to implement the provisions of this section.

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