§ 16-6-301 — Transfer, Sale, Possession, And Manufacture Of Alcoholic Beverages -- When Unlawful

Montana § 16-6-301

• Jurisdiction: Montana
• Title 16: ALCOHOL, TOBACCO, AND MARIJUANA
• Ch. 6: ENFORCEMENT
• Part 3: Miscellaneous Prohibitions and Penalties

Text

16-6-301 . Transfer, sale, possession, and manufacture of alcoholic beverages -- when unlawful. (1) Except as provided by this code, a person or the person's agents or employees may not:
(a) expose or keep an alcoholic beverage for sale;
(b) directly or indirectly or upon any pretense or upon any device, sell or offer to sell an alcoholic beverage; or
(c) in consideration of the purchase or transfer of any property or for any other consideration or at the time of the transfer of any property, give to any other person an alcoholic beverage.
(2) A person may not have or keep any alcoholic beverage that has not been purchased within the state of Montana.
(3) This code does not prohibit:
(a) a person entering this state from another state or foreign country from having in the person's actual physical possession an amount not to exceed 3 gallons of alcoholic beverage that was purchased in another state or foreign country;
(b) possession of beer produced for personal or family use and not intended for sale that meets the exemptions of 26 U.S.C. 5053(e) and regulations implementing that section, including the brewing of beer, for personal or family use, on premises other than those of the person brewing the beer;
(c) possession of beer purchased from an out-of-state brewery if the person possessing the beer holds a connoisseur's license as provided for in 16-4-901 or possession of table wine purchased from a winery that has a direct shipment endorsement as provided in 16-4-1101 ;
(d) possession of alcoholic beverages by brewers, distillers, and other persons duly licensed by the United States for the manufacture of those alcoholic beverages;
(e) possession of proprietary or patent medicines or of any extracts, essences, tinctures, or preparations if the possession is authorized by this code;
(f) possession by a sheriff or bailiff of alcoholic beverages seized under execution or other judicial or extrajudicial process or sales under executions or other judicial or extrajudicial process to the department or a licensee;
(g) possession of wine produced for personal or family use and not intended for sale that meets the exemptions of 26 U.S.C. 5042(a)(2) and regulations implementing that section, including the production of wine, for personal or family use, on premises other than those of the person producing the wine; or
(h) active service members shipping personal collections of alcoholic beverages to a military base in this state.
(4) Except as provided in this code, a person or the person's agents or employees may not:
(a) attempt to purchase any alcoholic beverage;
(b) directly or indirectly or upon any pretense or device, purchase any alcoholic beverage; or
(c) in consideration of the sale or transfer of any property or for any other consideration or at the time of the transfer of any property, take or accept from any other person any alcoholic beverage.
(5) In accordance with 27 CFR 19.51, manufacturing of liquor for personal or family consumption is prohibited.

Legislative History

(1) thru (3)En. Sec. 45, Ch. 105, L. 1933; amd. Sec. 1, Ch. 166, L. 1935; re-en. Sec. 2815.104, R.C.M. 1935; amd. Sec. 1, Ch. 66, L. 1957; Sec. 4-150, R.C.M. 1947; amd. and redes. 4-1-201 by Sec. 16, Ch. 387, L. 1975; Sec. 4-1-201 , R.C.M. 1947; (4)En. Sec. 49, Ch. 105, L. 1933; re-en. Sec. 2815.108, R.C.M. 1935; Sec. 4-154, R.C.M. 1947; amd. and redes. 4-6-101 by Sec. 19, Ch. 387, L. 1975; Sec. 4-6-101 , R.C.M. 1947; R.C.M. 1947, 4-1-201 , 4-6-101 ; amd. Sec. 34, Ch. 68, L. 1987; amd. Sec. 3, Ch. 546, L. 1997; amd. Sec. 5, Ch. 543, L. 2001; amd. Sec. 12, Ch. 184, L. 2013; amd. Sec. 3, Ch. 312, L. 2023.