The following are frequently asked questions regarding common Montana liquor laws. The Montana Department of Revenue should be your first resource for information. This information comes from Montana Code Annotated Title 16: Alcohol Tobacco, and Marijuana. All other references have been hyperlinked.
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What Signs Should I Display If My Establishment Sells Tobacco?
You must display a placard that fully lists the consequences of violations of the provisions of this code by persons under 21 years of age. You may obtain a hard copy of this sign free of charge on the Montana Department of Revenue website.
What Is Drink Equivalency?
This refers to a 1.5-fluid-ounce drink of 80-proof distilled spirits, 5 fluid ounces of wine, 12 fluid ounces of beer or wine cooler, and 8 to 9 fluid ounces of malt liquor, all having the same amount (approximately 1 oz.) of ethyl (pure) alcohol. These are known as Standard Drink Units (SDU).
Can A Law Enforcement Official Inspect A Licensed Establishment At Any Time?
Yes. A peace officer may enter at any time to examine the premises.
Can An Alcoholic Beverage Be Opened Or Consumed On The Premises Of A Liquor Store?
No. Alcoholic beverage containers may not be opened or consumed by an agent, employee, or any other person on the premises.
What Hours And Days Can A Liquor Store Be Open For Business?
Agency liquor stores may remain open between 8 a.m. and 2 a.m. However, they must be closed on legal holidays and between the close of business on Saturday afternoon and the opening of business on Tuesday morning unless they have filed an exemption for Mondays.
What Hours Are Licensed Establishments Allowed To Sell Alcohol?
Establishments where alcoholic beverages are sold, offered for sale, given away, or consumed, must be closed between 2 am and 8 am. However, businesses such as hotels, restaurants, bus depots, railway terminals, grocery stores, pharmacies, or other lawful businesses may remain open. For these businesses, no alcohol can be sold, offered for sale, given away, or consumed between 2 am and 8 am. Breweries may provide samples between 10 am and 8 pm with no more than 48 ounces per customer. Restaurants may sell alcohol between the hours of 11 am and 11 pm.
Who Must Take Montana Alcohol Server Training?
Anyone who serves or sells alcohol, their immediate supervisor, and the licensee, if they serve or sell, must obtain training from a state-approved program.
Is There A Law Limiting The Number Of Drinks An Establishment Can Serve An Individual At One Time?
No. However, the Department of Revenue highly recommends that establishments not stack drinks or offer ‘two for one’ specials promoting binge drinking. An average person needs about two hours to metabolize one standard drink, which contains approximately one ounce of ethyl (pure) alcohol.
What Types Of Identification Are Acceptable To Purchase Alcohol?
The following are the most common forms of identification in Montana, but any valid government-issued form of identification is acceptable:
- Current state or Canadian driver’s license or identification card
- Current armed service identification card
- Valid passport or passport card
- Montana temporary driver’s license and identification card
- Montana probationary driver’s license
What Type Of Food Should An Establishment Serve To Help Slow Down The Absorption Of Alcohol?
Foods with a high percentage of fat and protein, like pizza, chicken wings, cheese sticks, and deep-fried items will slow the digestion rate and thus the absorption rate of alcohol into the bloodstream. Salty foods increase thirst and impact consumption; while foods high in sugar or carbohydrates are less effective in slowing the absorption of alcohol.
Youth Related Questions
What Is The Legal Age For Serving And Selling Alcoholic Beverages In Montana?
39-2-306 MCA requires any person who serves or sells open-container alcohol (waiter, waitress, or bartender) to be at least 18 years of age. There is no age limit for a person to sell or receive shipments of alcohol in a closed container.
What To Do If Presented With A Fake Or Altered Id By An Underage Person?
If possible, refuse while holding the identification in your hand. The underage person will usually leave the premises to avoid law enforcement. If the person demands that you return the identification and you fear for your safety, return the identification. Whether you have the identification or not, try to note a detailed description, direction of travel, and any vehicle information. Report any information to law enforcement immediately. If you confiscate identification, you must immediately turn it over to your local law enforcement agency.
Can A Person Provide Alcoholic Beverages To Someone Under 21 Or Intoxicated?
No. It is illegal to deliver, give away, or sell alcohol to anyone who is under the age of 21, apparently or obviously intoxicated.
Who Should Check Identification To Determine If A Customer Is Of Legal Age?
It should be the person who serves or sells the alcohol. An on-premise establishment that employs a bouncer who checks identification at the door does not lessen the burden of the server to verify age before serving a drink.
What Are The Criminal Penalties For An Individual Who Sells An Alcoholic Beverage To An Underage Person?
- First offense: $500 fine, possible jail time up to 6 months, or both.
- Second offense: $1,000 fine, possible jail time up to 6 months, or both. (45-5-623 MCA)
What Can Happen To Me If I Am Underage And Try To Purchase Alcohol?
- First offense: Fine between $100 and $300, 20 hours community service, driver’s license confiscated for 30 days, pay costs for participation in a community-based substance abuse course.
- Second offense: Fine between $200 and $600, 40 hours community service, driver’s license confiscated for 6 months, pay costs for participation in a community-based substance abuse course, and complete a chemical dependency assessment and treatment.
- Third offense: Fine between $300 and $900, 60 hours community service, driver’s license confiscated for 6 months, pay costs for participation in a community-based substance abuse course, and complete a chemical dependency assessment and treatment. (45-5-624 MCA)
Is It Against The Law For Children To Be In A Bar After A Specific Time?
No. However, an establishment may set a house policy of no one under 21 allowed admittance after a specific time or not at all.
Can An Underage Person Legally Purchase An Alcoholic Beverage?
No. Any beverage that contains over 0.5% alcohol is considered an alcoholic beverage and cannot be purchased or consumed by an underage person.
If the beverage contains less than 0.5% alcohol by volume, the legal definition of an ‘alcoholic beverage’ in Montana is “a compound produced and sold for human consumption as a drink that contains more than 0.5% alcohol by volume.” Anything under 0.5% alcohol by volume is not considered an alcoholic beverage in Montana.
What Are The Penalties For An Establishment To Sell Alcohol To An Underage Person?
|
Violation |
Penalty |
|
1st Violation |
Up to a $250 monetary penalty |
|
2nd Violation |
Up to a $600 monetary penalty |
|
3rd Violation |
Up to a $1,000 monetary penalty, up to a 2-day suspension, or both |
|
4th Violation |
Up to a $1,500 monetary penalty, up to a 5-day suspension, or both |
|
5th Violation |
Up to a $1,500 monetary penalty, up to a 7-day suspension, or both |
|
Subsequent Violations |
In accordance with 16-4-406, MCA |
Alcohol Server Training-Related Questions
Do Volunteers Need To Have Montana Alcohol Server Training?
Yes. All volunteers must be trained unless they work under a special permit.
Do All Licensees Need To Be Montana Alcohol Trained?
Only licensees that serve or sell alcohol themselves need to be trained.
Do Employees Or Barbacks Who Don’t Sell Or Serve Alcohol Need Montana Responsible Alcohol Training?
No. The law explicitly says anyone who “serves or sells” alcohol must be trained.
How Often Does A Server Or Seller Need To Be Montana Alcohol Certified?
Alcohol training must be received from a state-approved program every three (3) years. To renew your certification, retake the alcohol training course approved by Montana ABCD.
When Do New Hires Have To Obtain Responsible Alcohol Sales And Service Training?
All new hires must be trained within 60 days of hire.
Do The Mandatory Alcohol Sales And Service Training Requirements Apply To Both On And Off-premises Locations?
Yes. The law applies to all retail establishments and manufacturers licensed to serve or sell alcoholic beverages.
Does It Matter If You Take An On-Premise Or Off-Premise Responsible Alcohol Sales And Service Class?
No. The law says employees who sell or serve alcoholic beverages must be appropriately trained to comply with state law prohibiting the sale and service of alcoholic beverages to persons under 21 years of age and to persons who are intoxicated. The law does not specify an on-premise vs. an off-premise course.
Do Agency Liquor Store Employees Need To Obtain Responsible Alcohol Sales And Service Training?
No. Agency liquor stores are not licensees. They are under contract with the state to provide services.
Does The Mandatory Alcohol Sales And Service Training Requirement Apply To Airlines?
No. The law says airlines are exempt as they are neither retail establishments nor manufacturers.
Is Online Montana Alcohol Service Training Acceptable?
Yes. Any approved Montana Alcoholic Beverage Control Division alcohol training is more often recommended over live training.
Can I Make My Employees Pay For Alcohol Sales And Service Training?
The law is silent on who is financially responsible for the cost of training. A licensee may address this issue with the employee via an employment agreement or contract. This is between the licensee and the employee.
Do I Need To Send Proof Of Alcohol Sales And Service Training To The Department?
No. However, the law says the licensee must maintain employment records to verify that the employee has completed the training requirement. You will need to show proof upon request by the department.
Who Should Keep Proof Of Alcohol Sales And Service Training?
The original copy should always accompany the employee as the training follows them wherever they work. The employer should keep a photocopy in their records.
How Is The Mandatory Alcohol Sales And Service Training Requirement Enforced?
The department can enforce this law when a violation for either a sale to underage or intoxicated persons occurs. The department will ask the licensee for proof that their employees have been trained. If no proof is given, then a separate notice of violation will be issued to the licensee for a no-training violation.
What Are The Administrative Penalties For A No-Training Violation?
The administrative penalties for the licensee are as follows: a $50 penalty for the first offense, a $200 penalty for the second, and a $350 penalty for the third offense within three years. There is no criminal penalty for the employee.
Can A No-training Violation Be Mitigated?
No. Only the penalty can be mitigated. The count will still go against the license.
Is A No-training Violation Another Count On The Liquor License?
Yes
Where Can I Find A List Of State-approved Alcohol Sales And Server Training Programs?
You may find a current list here
When And Where Is The Training Held?
The location of classes varies by program. To obtain class information, you must contact each program directly.
What Is The Cost Of Alcohol Sales And Service Training?
The cost of training varies depending on the company. The state-approved training programs are private, for-profit companies with their own fee structure. You will need to contact them directly to obtain fee information.
How Long Are The Classes?
The law requires that all state-approved alcohol sales and service training programs be at least three hours long.
Will A Proof Of Training Document Be Issued When Alcohol Sales And Service Training Is Complete?
Yes. All state-approved training companies are required to issue some sort of proof of training.
