Shelby Distributors, LLC v. Montana Department of Revenue

2009 MT 80, 206 P.3d 899, 349 Mont. 489
CourtMontana Supreme Court
DecidedMarch 18, 2009
DocketDA 07-0334
StatusPublished
Cited by10 cases

This text of 2009 MT 80 (Shelby Distributors, LLC v. Montana Department of Revenue) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shelby Distributors, LLC v. Montana Department of Revenue, 2009 MT 80, 206 P.3d 899, 349 Mont. 489 (Mo. 2009).

Opinions

JUSTICE WARNER

delivered the Opinion of the Court.

¶1 Shelby Distributors, LLC (Shelby Distributors), is a beer wholesaler and wine distributor licensed to operate by the Montana Department of Revenue (DOR). A controlling interest in Shelby Distributors is held by Steve Williamson (Williamson). Williamson also owns sufficient stock to control Northern Vending, Inc. (Northern Vending), a Montana corporation. Northern Vending’s business is leasing, installing, servicing, and maintaining electronic gaming machines. Northern Vending is a gambling route operator and it has a license to operate in Montana’s gaming industry issued by the Montana Department of Justice (DOJ). Northern Vending made loans to alcohol retailers. These loans were reported to and approved by DOJ. However, based on this practice, DOR brought proceedings to revoke Shelby Distributors’ license because Williamson controlled both Northern Vending and Shelby Distributors. DOR determined that Shelby Distributors was in violation of state law, penalized it $1,500, and ordered that its beer wholesaler and wine distributor license would be revoked if Northern Vending did not cease making loans to alcohol retailers. Shelby Distributors appealed DOR’s final decision to the Ninth Judicial District Court, Toole County. The District Court affirmed DOR and Shelby Distributors now appeals DOR’s decision.

¶2 Shelby Distributors raises two issues on appeal, which we restate as follows:

¶3 Issue 1: Did DOR violate Shelby Distributors’ due process rights by imposing sanctions against it because of loans made by Northern Vending to liquor retailers when the loans had been approved by DOJ?

¶4 Issue 2: Did DOR and the District Court err in concluding that the loans made by Northern Vending to liquor retailers create prohibited indirect financial interests held by Shelby Distributors in retail liquor businesses?

BACKGROUND

¶5 Through inheritance and purchase, Williamson first acquired a 75% majority ownership interest in Northern Vending. He later purchased a 55% controlling interest in Shelby Distributors from his mother’s estate. Upon transfer of wholesale liquor distributors licenses to Shelby Distributors, he disclosed his ownership of Northern Vending to DOR. The license transfer to Shelby Distributors was completed in October 1999.

[491]*491¶6 Over a period of several years, Northern Vending loaned money to alcohol retailers several times. Before making these loans, Northern was required to secure approval from the Gambling Control Division of DOJ, as funding sources for gaming operations must be approved. Northern Vending submitted the proper forms to DOJ to obtain approval of the loans at issue in this case, and DOJ subsequently approved them.

¶7 DOR does not have responsibility to assure compliance with gambling laws. That function lies solely within the Gambling Control division of DOJ. The Gambling Control Division approved the non-institutional loans in question but did not report these loans to DOR. As it does not examine transactions involving the gambling industry, DOR was unaware of these loans until Northern Vending sought its approval to acquire and hold a liquor license for a time, pending its resale.

¶8 DOR is responsible for regulation and enforcement of Montana’s liquor laws, including the Montana Alcoholic Beverage Code (MABC), Title 16, Chapters 1-6, MCA. However, DOR does not have its own staff to investigate possible violations of the MABC. Section 16-6-101, MCA, provides that investigators attached to DOJ shall, at the request of DOR, investigate possible violations of the liquor control laws and regulations. The two agencies have entered into a Memorandum of Understanding, which provides, in the event of a possible violation of liquor control laws and regulations, DOJ personnel will investigate and report the results of the investigation to DOR. DOR is then responsible for the ultimate determination of whether to pursue a penalty or other sanction based on an alleged violation.

¶9 As a result of a routine investigation of Northern Vending conducted when it sought DOR’s approval to hold a retail liquor license for a time, DOR became aware Williamson controlled that company. As Shelby Distributors held a beer wholesaler and wine distributor license, DOR already knew Williamson held the controlling interest in that company. Thus, on January 25, 2000, in connection with the transaction wherein Northern Vending would hold a retail liquor license for a time, a DOR liquor licensing specialist, Jason Wood, sent a letter to Northern Vending and Shelby Distributors’ attorney, Don Lee, advising him that the transfer of a liquor license from a retailer to Northern Vending would result in Shelby Distributors having an impermissible financial interest in an alcohol retailer because Williamson controlled both entities. Then, in February of 2000, Wood had a telephone conversation with Lee during which he again told him [492]*492that the financing was unacceptable. Wood also told Lee that Northern Vending could not loan money on an unsecured note to a licensed liquor retailer as long as Williamson continued to hold the controlling interest in Shelby Distributors. However, following suggestions from DOR on how to structure this transfer, it was subsequently completed. Still, this transaction brought to DOR’s attention the fact that Northern Vending had been making unsecured loans to liquor retailers.

¶10 As DOR had become aware that Williamson controlled both Shelby Distributors and Northern Vending, DOR commenced an investigation into possible violations of the MABC by Shelby Distributors in May of 2000. On June 2, 2001, the investigator completed a report which concluded the loans made by Northern Vending to alcohol retailers caused Shelby Distributors to violate §§ 16-3-242,16-3-406, MCA, because Williamson controlled both entities. According to DOR, control of both Shelby Distributors and Northern Vending by Williamson caused Shelby Distributors to have a prohibited indirect financial interest in the liquor retailer to which Northern Vending had made a loan.

¶11 On January 28,2002, DOR issued a notice to Shelby Distributors that its beer wholesaler and wine distributor license was to be revoked. The notice advised of the right to request a hearing on the matter before the revocation was final. Shelby Distributors objected to the proposed revocation and initiated a contested proceeding.

¶12 After notifying Shelby Distributors of the possible revocation of its beer wholesaler and wine distributor license, DOR learned of additional loans made by Northern Vending to liquor retailers during the discovery phase of the case.

¶13 A DOJ Hearing Examiner held an evidentiary hearing on the petition to revoke Shelby Distributors’ license. On November 29,2005, the Hearing Examiner entered findings of fact, conclusions of law, and issued a proposed order to the effect that the loans made by Northern Vending to licensed liquor retailers caused violations of MABC because Williamson controlled both Northern Vending and Shelby Distributors. The Hearing Examiner found, inter alia, that DOJ and DOR are distinct, separate agencies, both in their duties and in the statutes and regulations they enforce. Thus, approval by the Gambling Control Division of DO J of the loans Northern Vending made to liquor retailers did not mean that these loans had been approved by DOR.

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Shelby Distributors, LLC v. Montana Department of Revenue
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Bluebook (online)
2009 MT 80, 206 P.3d 899, 349 Mont. 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelby-distributors-llc-v-montana-department-of-revenue-mont-2009.