16-4-313. Sacramental wine license. (1) The department may issue a sacramental wine license to an establishment located in Montana that sells sacramental wine at retail to rabbis, priests, pastors, ministers, or other officials of churches or other established religious organizations exclusively for their off-premises use as sacramental wine or for other religious purposes.
     (2) An application for a license under this section must be accompanied by a fee of $200, which constitutes the first annual license fee. The annual license renewal fee is $100.
     (3) Unless the sacramental wine is purchased onsite at the premises of the licensed retailer, an establishment selling sacramental wine for religious purposes shall deliver directly to the religious organization's premises using the establishment's own employees and equipment.
     (4) A sacramental wine licensee shall maintain records of all wine sales made during the preceding 2 years and shall allow the department access to the records when requested so that the department can ascertain whether the limitations of subsection (1) are being complied with.
     (5) Upon receipt of a completed application for a license under this section, the department may request that the department of justice make a background investigation of all matters relating to the application.
     (6) Based on the results of the investigation or in exercising its sound discretion, the department shall determine whether:
     (a) the applicant is qualified to receive a license;
     (b) the applicant's premises are suitable for the carrying on of the business; and
     (c) the requirements of this code and the rules promulgated by the department are being met and complied with.
     (7) License applications submitted under this section are not subject to the provisions of 16-4-203 and 16-4-207.
     (8) If the premises proposed for licensing under this section are a new or remodeled structure, the department may issue a conditional license prior to completion of the premises upon reasonable evidence that the premises will be suitable for the carrying on of business as a bona fide establishment for selling sacramental wine.

     History: En. Sec. 1, Ch. 414, L. 2009.