16-4-415. Changes in business entity ownership -- department approval required. (1) In the case of corporate licensees, a person or entity that does not own stock or owns less than 15% of the stock in the corporation may not receive stock that results in the person or entity's share of stock in the corporation being 15% or greater, unless the department reviews and determines that the person or entity qualifies for ownership of a license as provided in 16-4-401.
(2) In the case of all other business entities, when a proposed transfer of ownership would result in a party who prior to the transfer owned no interest in the license owning 15% or more interest in the license, the proposed transfer must be submitted to the department for review. The proposed new party must qualify for ownership of a liquor license as provided in 16-4-401.
(3) In the case of a proposed change in business entity, the proposed new business entity shall apply for a transfer of ownership of the license with the department prior to changing the business entity. The proposed new business entity must qualify for ownership of a liquor license as provided in 16-4-401. If the existing owners and ownership percentages do not change under the proposed change in business entity, the new entity shall notify the department of the new business entity type, but prior department approval is not required.
History: En. Sec. 1, Ch. 148, L. 1999; amd. Sec. 8, Ch. 568, L. 2021.
Structure Montana Code Annotated
Title 16. Alcohol, Tobacco, and Marijuana
Chapter 4. License Administration
16-4-401. License as privilege -- criteria for decision on application
16-4-402. Application -- investigation
16-4-404. Protest period -- contents of license -- posting -- privilege -- transfer
16-4-407. Suspension or revocation of licenses
16-4-408. Renewal of suspended licenses
16-4-411. Appeals concerning alcoholic beverages laws
16-4-412. Limits on concurrent applications
16-4-413. Denial of application -- five-year moratorium
16-4-414. Fingerprints required of applicants -- exceptions
16-4-415. Changes in business entity ownership -- department approval required
16-4-416. Ownership of liquor license by United States
16-4-417. Approval of a licensee without premises
16-4-418. Concession agreements
16-4-420. Restaurant beer and wine license -- competitive bidding -- rulemaking
16-4-421. Denial of restaurant beer and wine license
16-4-422. Sale of beer and wine prohibited during certain hours
16-4-423. Restaurant beer and wine license -- prohibited practices