Under Gov. Steve Bullock’s reopening plan, bars, restaurants and the like are allowed to begin reopening in phase one on May 4.
The Montana Department of Revenue released new guidance for bars and restaurants under Bullock’s phase one plan.
A whole new world: your local guide to alcohol to go
DOR is allowing bars and restaurants to continue the sale of alcohol to-go, under certain guidelines depending the type of license they have. The guidelines on the sale of alcohol to go or delivery of alcohol are included in the list below.
The DOR guidelines are also available here.
Keep in mind that local and state laws regarding the display of alcohol or open containers in vehicles are still in force.
Those laws, plus a list of to-go alcohol options, are explained here.
To be open for on-premises consumption, all of the following guidelines from the state must continue to be met:
- For on-premises consumption, a specific cleaning plan must be implemented following Department of Public Health and Human Services guidelines:
- All surfaces, including tables, chairs, booths, condiments, napkins, décor, menus and gaming machines, must be cleaned between customers
- Table items should be removed if they can’t be adequately cleaned between customers
- Growlers must be cleaned prior to being refilled
- Drinks are not to be refilled New glasses must be used
- No self-service of cups, straws, lids, condiments, beverages or food
- Gaming machines that are operational must be separated by 7 feet, center-to-center
- Gaming machines will be considered tables for the purpose of serving drinks and food
- For on-premises consumption, capacity must be limited to 50% of normal operation to allow for adequate group spacing
- If customers are waiting in lines, individuals not of the same household should remain physically distanced
- If in waiting areas, adequate physical distancing cannot be maintained, they must be closed to customers
- Tables must be limited to six people per table (except gaming machines, which are limited to one)
- There must be 6 feet of physical distancing between groups or tables by:
- Increasing table spacing, removing tables, or marking tables as closed;
- Providing for a physical barrier between tables; or
- Back-to-back booth seating that provides adequate separation
- Sitting or standing at bars or counters is not allowed
- Drinks and food must be served to customers at a table
- Breweries, wineries, and distilleries will close at regular sample room closure times
- No deliveries may occur after sample room hours
- Bars, restaurants, wineries, and casinos with all-beverage or beer licenses will close by 11:30 pm with all customers out by then
- No deliveries may occur after 11:30 pm
- Restaurants with a restaurant beer and wine license will close by 11:00 pm with all customers out by the closure time
- No deliveries may occur after 11:00 pm
- All licensees are allowed to:
- Sell for off-premises consumption prior to closing time
- Take orders and payments on the phone or computer
- Deliver alcoholic beverages off the licensed premises, including to a parking lot or curb, before closing time Such delivery must be made by an employee of the licensee over the age of 21
- Sell alcohol through a drive-up window
- All licensees must follow all laws pertaining to the Responsible Alcohol Sales and Service Act (16-4-10, MCA)
- All-beverage and beer licensees must:
- Sell alcoholic beverages in original packaging* for delivery, curbside, drive-up or take-out This includes growlers with beer and table wine
- Sell alcoholic beverages in individual servings** for take-out ONLY and the buyer assumes liability of local or state regulations regarding open container laws
- Breweries must only sell in original packaging*, including growlers with beer
- Wineries must only sell in original packaging*, including growlers with wine
- Distilleries must:
- Only sell up to 175 liters per person per day
- Only sell in original packaging*
- Restaurant Beer and Wine licensees (RBW/Cabaret) must:
- Only sell in original packaging*
- Only sell beer and wine to a patron who orders food and have that beer and wine stated on the food bill
- Off-premises licensees and agency liquor stores must only sell in original packaging*
- No license type or agency liquor store is allowed to:
- Sell to a person under 21 years of age or to any person actually, apparently, or obviously intoxicated
- Have a third-party service such as Grubhub order, pickup, and/or deliver alcohol
- Canvass for or solicit orders for the purchase of alcohol Customers must initiate the sale of alcohol either on the phone, in person, or online Normal rules of advertising apply
- Beer wholesalers and table wine distributors are allowed to:
- Coordinate with retail licensees for pickup of alcoholic beverages and with agency liquor stores for pickup of table wine for any quantity of product that is agreed upon
- Extend more than 7 days credit to a retailer as long as the same arrangement is offered to all retailers
* Original packaging means the sealed container in which a manufacturer packages its product for retail sale It includes bottles, cans, kegs, and growlers, but does not include lines or piping carrying product from a manufacturer’s premises to a retailer’s premises
** Individual serving means not more than 16 ounces of beer, not more than 2 ounces of liquor, not more than 7 ounces of wine, or a proportional combination thereof (for example, 1 ounce of liquor mixed with 8 ounces of beer)
