Montana Code Annotated
Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers
16-3-223. Transfer of wholesaler's interest in business

16-3-223. Transfer of wholesaler's interest in business. A wholesaler may sell or transfer the business or an interest in the business to any person or to one or more members of the wholesaler's family or heirs or legatees, whether the wholesaler operates as an individual, a partnership, or corporation. However, the consent of the brewer or beer importer in writing is required for the transferee to continue as a wholesaler of the brewer or beer importer. The consent must consider the personal, financial, and managerial responsibilities and capabilities of the transferee, and the consent may not unreasonably be withheld.
History: En. 4-317.4 by Sec. 3, Ch. 322, L. 1974; Sec. 4-317.4, R.C.M. 1947; redes. 4-3-209 by Sec. 120, Ch. 387, L. 1975; R.C.M. 1947, 4-3-209; amd. Sec. 10, Ch. 19, L. 1985; amd. Sec. 190, Ch. 56, L. 2009.

Structure Montana Code Annotated

Montana Code Annotated

Title 16. Alcohol, Tobacco, and Marijuana

Chapter 3. Control of Liquor, Beer, and Wine

Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers

16-3-201. Possession, manufacture, importation, or disposal of beer in manner other than prescribed unlawful -- personal brewing

16-3-202. Beer sale by department prohibited

16-3-203. through 16-3-210 reserved

16-3-211. Monthly report of brewer, beer importer, or retailer -- inspection of books and premises

16-3-212. Brewers' or beer importers' sales to wholesalers lawful

16-3-213. Brewers or beer importers not to retail beer -- small brewery exceptions

16-3-214. Beer sales by brewers -- sample room exception

16-3-215. and 16-3-216 reserved

16-3-217. Purposes

16-3-218. "Distribute" defined

16-3-219. Dock sales restricted -- exceptions

16-3-220. Wholesalers' service obligations -- applicability

16-3-221. Illegal acts by brewers or beer importers

16-3-222. Mandatory provisions of brewer-wholesaler or beer importer-wholesaler contracts, agreements, and franchises

16-3-223. Transfer of wholesaler's interest in business

16-3-224. Contractual or franchise relationship -- existence by actions

16-3-225. Injunction to prevent franchise cancellation

16-3-226. Brewer-wholesaler or beer importer-wholesaler agreements filed with department

16-3-227. through 16-3-229 reserved

16-3-230. Beer required to be shipped to wholesaler

16-3-231. Monthly report of wholesaler

16-3-232. Beer sales by wholesaler

16-3-233. Sales to public by wholesaler unlawful

16-3-234. Consumption of beer on wholesalers' premises unlawful

16-3-235. Carriers' reports of beer transported

16-3-236. through 16-3-240 reserved

16-3-241. Furnishing of fixtures or interior advertising matter to retailers by brewers, beer importers, and wholesalers unlawful -- exceptions

16-3-242. Financial interest in retailers prohibited

16-3-243. Seven-day credit limitation

16-3-244. Beer advertising limitations