16-4-312 . Domestic distillery.
(1)A distillery located in Montana and licensed pursuant to 16-4-311 may:
(a)import necessary products in bulk;
(b)bottle, produce, blend, store, transport, or export liquor that it produces;
(c)perform those operations that are permitted for bonded distillery premises under applicable regulations of the United States department of the treasury; and
(d)have a premises that includes more than one building for manufacturing purposes pursuant to 27 CFR 19.53 and is operated under a federal basic permit. (2)(a) A distillery that is located in Montana and licensed pursuant to 16-4-311 shall sell liquor to the department under this code, and the department shall include the distillery's liquor as a listed product.
(b)The distillery may use a common carrier
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16-4-312 . Domestic distillery. (1) A distillery located in Montana and licensed pursuant to 16-4-311 may:
(a) import necessary products in bulk;
(b) bottle, produce, blend, store, transport, or export liquor that it produces;
(c) perform those operations that are permitted for bonded distillery premises under applicable regulations of the United States department of the treasury; and
(d) have a premises that includes more than one building for manufacturing purposes pursuant to 27 CFR 19.53 and is operated under a federal basic permit.
(2) (a) A distillery that is located in Montana and licensed pursuant to 16-4-311 shall sell liquor to the department under this code, and the department shall include the distillery's liquor as a listed product.
(b) The distillery may use a common carrier for delivery of the liquor to the department.
(c) A distillery that produces liquor within the state under this subsection (2) shall maintain records of all sales and shipments. The distillery shall furnish monthly and other reports concerning quantities and prices of liquor that it ships to the department and other information that the department may determine to be necessary to ensure that distribution of liquor within this state conforms to the requirements of this code.
(3) (a) A distillery that is located in Montana and licensed to manufacture distilled spirits may be licensed by the department to own, lease, maintain, and operate anywhere in the state a storage depot for receiving, handling, and storing distilled spirits in addition to distributing and selling distilled spirits from the storage depot, subject to this code.
(b) To be licensed for a storage depot, a distillery shall pay an annual license fee as provided in 16-4-501 for each storage depot operated by the distillery, in addition to all other fees and taxes required to be paid by the distillery, and must meet all applicable suitability requirements.
(4) A microdistillery may:
(a) provide, with or without charge, not more than 2 ounces of liquor that it produces at the microdistillery to consumers for prepared servings:
(i) through curbside pickup between 10 a.m. and 8 p.m.; and
(ii) for on-premises consumption during the hours of operation that are identical to those allowed for a brewery license provided for in 16-3-213 (2)(b) and corresponding administrative rules relating to the service, consumption, and possession of alcoholic beverages on the premises; or
(b) sell liquor in original packaging that it produces at retail at the distillery between the hours of 8 a.m. and 2 a.m. directly to the consumer, including curbside pickup, for off-premises consumption if:
(i) not more than 4.5 liters a day is sold to an individual; and
(ii) the minimum retail price as determined by the department is charged.
(5) Liquor samples provided pursuant to subsection (4)(a) are not permitted at more than one manufacturing premises for each license.
(6) (a) A distillery located in the state and licensed pursuant to 16-4-311 may issue or sell warehouse receipts to any person. The warehouse receipt is for liquor stored at the distillery's licensed premises, including a licensed warehouse premises of the distillery, within the portion of the premises that is bonded pursuant to federal law, as provided in Title 30, chapter 7, except that for the purposes of this subsection (6), the term "distilled spirits" in 30-7-201 (2) means "liquor" as defined in 16-1-106 . The sale or purchase of warehouse receipts as provided in this subsection (6) does not constitute a transfer of an ownership interest in the distillery business or license.
(b) The department may not require any application or report to be filed in connection with the sale or purchase of warehouse receipts, provided that the liquor to which the warehouse receipts apply must physically remain within the distillery's licensed premises, including a licensed warehouse premises of the distillery, until the liquor is physically transferred in bond to another federally bonded premises, or until the liquor is otherwise transferred, sold, or disposed of in accordance with this code or applicable federal law.
(c) Warehouse receipts originally issued by a distillery as provided in this subsection (6) may be resold by a holder of the warehouse receipts to any person. A distillery or any subsequent holder of warehouse receipts may use an intermediary business to market, facilitate, manage, sell, and invest in warehouse receipts.
(d) A person may purchase or otherwise invest in warehouse receipts originally issued by distilleries licensed under federal law, regardless of whether the distillery is located in the state. Nothing in this section authorizes the holder or owner of a warehouse receipt to accept delivery of any liquor unless the person is permitted under law to receive the liquor.