Montana § 16-4-405 Denial Of License

Montana Statutes

§ 16-4-405 — Denial Of License

Montana·Title 16 ALCOHOL, TOBACCO, AND MARIJUANA·Ch. 4 LICENSE ADMINISTRATION·Part 4 Licensing Criteria

16-4-405 . Denial of license.

(1)The department may deny the issuance of a retail alcoholic beverages license if it determines that the premises proposed for licensing are off regular police beats and cannot be properly policed by local authorities.

(2)A retail license may not be issued by the department for a premises situated within a zone of a city, town, or county where the sale of alcoholic beverages is prohibited by ordinance, a certified copy of which has been filed with the department.

(3)A license under this code may not be issued if the department finds from the evidence at the hearing held pursuant to 16-4-207 (3) that:

(a)the welfare of the people residing or of retail licensees located in the vicinity of the premises for which the license is desired will be adversely and s

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16-4-405 . Denial of license. (1) The department may deny the issuance of a retail alcoholic beverages license if it determines that the premises proposed for licensing are off regular police beats and cannot be properly policed by local authorities.
(2) A retail license may not be issued by the department for a premises situated within a zone of a city, town, or county where the sale of alcoholic beverages is prohibited by ordinance, a certified copy of which has been filed with the department.
(3) A license under this code may not be issued if the department finds from the evidence at the hearing held pursuant to 16-4-207 (3) that:
(a) the welfare of the people residing or of retail licensees located in the vicinity of the premises for which the license is desired will be adversely and seriously affected;
(b) if required, there is not a public convenience and necessity justification pursuant to 16-4-203 ;
(c) the applicant or the premises proposed for licensing fail to meet the eligibility or suitability criteria established by this code; or
(d) the purposes of this code will not be carried out by the issuance of the license.

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Legislative History

(1), (2) 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; Sec. 4-4-201 , R.C.M. 1947; (3) En. Sec. 1, Ch. 202, L. 1951; amd. Sec. 1, Ch. 145, L. 1965; Sec. 4-407.1, R.C.M. 1947; amd. and redes. 4-4-302 by Sec. 84, Ch. 387, L. 1975; amd. Sec. 8, Ch. 496, L. 1977; Sec. 4-4-302 , R.C.M. 1947; R.C.M. 1947, 4-4-201 (part), 4-4-302 (part); amd. Sec. 30, Ch. 68, L. 1987; amd. Sec. 8, Ch. 156, L. 1991; amd. Sec. 7, Ch. 528, L. 1997; amd. Sec. 6, Ch. 479, L. 2019.