Montana § 16-3-309 Sales Prohibited By Ordinance

Montana Statutes

§ 16-3-309 — Sales Prohibited By Ordinance

Montana § 16-3-309

Title 16ALCOHOL, TOBACCO, AND MARIJUANA

Ch. 3CONTROL OF LIQUOR, BEER, AND WINE

Part 3Retail Sales Restrictions

This text of Montana § 16-3-309 (Sales Prohibited By Ordinance) 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. § 16-3-309 (2026).

Text

16-3-309 . Sales prohibited by ordinance.

(1)An incorporated city may enact an ordinance defining certain areas in its incorporated limits where alcoholic beverages may or may not be sold.

(2)A county may enact an ordinance or resolution defining certain areas in the county, not within the incorporated limits of a city, where alcoholic beverages may or may not be sold.

(3)In enacting such an ordinance or resolution, the county or city may provide that the provisions of 16-3-306 (1) do not apply within the jurisdictional area of the ordinance or resolution. If a county or city has supplanted the provisions of 16-3-306 (1), upon request of the department the governing body of the county or city must certify to the department whether or not the person or individual identified in the reques

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16-3-309 . Sales prohibited by ordinance. (1) An incorporated city may enact an ordinance defining certain areas in its incorporated limits where alcoholic beverages may or may not be sold.
(2) A county may enact an ordinance or resolution defining certain areas in the county, not within the incorporated limits of a city, where alcoholic beverages may or may not be sold.
(3) In enacting such an ordinance or resolution, the county or city may provide that the provisions of 16-3-306 (1) do not apply within the jurisdictional area of the ordinance or resolution. If a county or city has supplanted the provisions of 16-3-306 (1), upon request of the department the governing body of the county or city must certify to the department whether or not the person or individual identified in the request may lawfully sell alcoholic beverages under the terms of the ordinance or resolution. The department is bound by the determination set forth in the certification.
(4) No county or incorporated city may by ordinance restrict the number of licenses that the department may issue.

Legislative History

En. Sec. 14, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.36, R.C.M. 1935; amd. Sec. 1, Ch. 225, L. 1947; amd. Sec. 1, Ch. 165, L. 1949; amd. Sec. 1, Ch. 55, L. 1955; amd. Sec. 1, Ch. 205, L. 1959; amd. Sec. 1, Ch. 271, L. 1965; amd. Sec. 1, Ch. 31, L. 1974; Sec. 4-333, R.C.M. 1947; amd. and redes. 4-4-201 by Sec. 66, Ch. 387, L. 1975; amd. Sec. 5, Ch. 496, L. 1977; R.C.M. 1947, 4-4-201 (part); amd. Sec. 2, Ch. 662, L. 1983.