Montana § 16-3-306 Proximity To Churches And Schools Restricted

Montana Statutes

§ 16-3-306 — Proximity To Churches And Schools Restricted

Montana § 16-3-306

Title 16ALCOHOL, TOBACCO, AND MARIJUANA

Ch. 3CONTROL OF LIQUOR, BEER, AND WINE

Part 3Retail Sales Restrictions

This text of Montana § 16-3-306 (Proximity To Churches And Schools Restricted) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 16-3-306 (2026).

Text

16-3-306 . Proximity to churches and schools restricted.

(1)Except as provided in subsections (2) through (4), a retail license may not be issued pursuant to this code to any business or enterprise whose premises are within 600 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee's premises. This section is a limitation on the department's licensing authority.

(2)The department may renew a license, approve the transfer of ownership of a license, or allow the current licensee to apply for a new l

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16-3-306 . Proximity to churches and schools restricted. (1) Except as provided in subsections (2) through (4), a retail license may not be issued pursuant to this code to any business or enterprise whose premises are within 600 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee's premises. This section is a limitation on the department's licensing authority.
(2) The department may renew a license, approve the transfer of ownership of a license, or allow the current licensee to apply for a new license type for any establishment located in violation of this section if the licensee does not relocate an entrance any closer than the existing entrances and if the establishment:
(a) was located on the site before the place of worship or school opened; or
(b) was located in a bona fide hotel, restaurant, or fraternal organization building at the site since January 1, 1937.
(3) Subsection (1) does not apply to licenses for the sale of beer, table wine, or both in the original package for off-premises consumption.
(4) Subsection (1) does not apply within the applicable jurisdiction of a local government that has supplanted the provisions of subsection (1) as provided in 16-3-309 .

Legislative History

En. Sec. 13, Ch. 84, L. 1937; Sec. 4-415, R.C.M. 1947; amd. and redes. 4-4-107 by Sec. 92, Ch. 387, L. 1975; R.C.M. 1947, 4-4-107 ; amd. Sec. 1, Ch. 152, L. 1981; amd. Sec. 1, Ch. 662, L. 1983; amd. Sec. 196, Ch. 56, L. 2009; amd. Sec. 9, Ch. 591, L. 2023.