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
Title 16. Alcohol, Tobacco, and Marijuana
Chapter 3. Control of Liquor, Beer, and Wine
Part 2. Regulation of Brewers, Beer Importers, and Beer Wholesalers
16-3-202. 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
16-3-218. "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
16-3-223. 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
16-3-242. Financial interest in retailers prohibited