HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
Montana Administrative Register Notice 42-2-825 No. 6   03/25/2010    
Prev Next

 

BEFORE THE DEPARTMENT OF REVENUE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 42.13.101 relating to the sale of alcohol to a minor and sale to intoxicated persons

)

)

)

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

1.  On May 26, 2010, at 9:30 a.m., a public hearing will be held in Room 303 of the State Capitol Building, at Helena, Montana, to consider the amendment of the above-stated rule.

Individuals planning to attend the hearing shall enter the Capitol building and take the stairs or elevator on the east side of the building to the third floor to the Old Supreme Court Chambers.

 

2.  The Department of Revenue will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Revenue no later than 5:00 p.m., May 17, 2010, to advise us of the nature of the accommodation that you need.  Please contact Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-3696; or e-mail canderson@mt.gov.

 

3.  Montana citizens and business owners have shown extensive interest in the Department of Revenue's proposed change to the penalty schedule for liquor licensees who train their employees on responsible alcohol sale and service.  This interest has included numerous testimonials at a previous rule hearing and several newspaper editorials.

As a result, the department will hold a public hearing as stated above and request comments on the schedule of penalties charged to liquor licensees as provided in ARM 42.13.101.  These penalties are based on the type of violation, including a sale to a minor and/or a sale to an intoxicated person.

The state of Montana's purpose in regulating the distribution and sales of alcoholic beverages is primarily to protect the public health and safety including but not limited to preventing sales to minors and intoxicated persons.  In the context of this public health and safety purpose, the department seeks public comments specifically on the following questions and any related issues:

(a)  Is the current penalty schedule effective in deterring sales to minors or intoxicated persons?

(b)  Are there any circumstances in Montana that justify generally lower levels of penalties for sales to minors or intoxicated persons as compared to nearby states?

(c)  Should the penalty schedule be changed and if so, how?  Should the current penalty schedule be maintained and if so, why?

(d)  Are there any other tools available to the state of Montana, in its regulatory authority with regard to alcohol beverage distribution or sales, to more effectively prevent the sale of alcohol to minors and/or intoxicated persons?

When considering these questions please keep in mind that it costs the state of Montana approximately $400 in administrative costs on average for every contested sale to minor case violation.

For reference, the chart below compares Montana's penalty schedule to those of Idaho, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.

 

 

Current Penalty Schedules for Sale to Minor

 

State

1st Offense

2nd Offense

3rd Offense

4th Offense

 

Montana

$250

$1,000

$1,500

Revocation

 

 

 

 

 

Idaho

$1,000

30 day suspension

6 month suspension

Revocation

 

 

 

 

 

Oregon

$1,650 or 10 day suspension

$4,950 or 30 day suspension

30 day suspension

Revocation

 

 

 

 

 

Washington

$500

7 day suspension

30 day suspension

Cancelation of License

 

 

 

 

 

Utah

$1,200

$1,000 to $9,000 and/or 10-90 day suspension

Up to Revocation

Revocation

 

 

 

 

 

South Dakota

$1,000* fine can be reduced in half if violator is trained

$2,000*

Suspension

Revocation

 

 

 

 

 

Wyoming

Varies by Government-penalties up to $1,000, suspension/revoke at commissioner's discretion

 

 

North Dakota

5 day suspension with 1-3 invoked

Within 1 year, invoked days + 15 suspension with 1-15 invoked

Within 1 year, possible revocation, suspension

Revocation

 

Current Penalty Schedules for Sale to Intoxicated Persons

 

State

1st Offense

2nd Offense

3rd Offense

4th Offense

 

Montana

$250

$1,000

$1,500

Revocation

 

 

 

 

 

Idaho

$1,000

30 day suspension

6 month suspension

Revocation

 

 

 

 

 

Oregon

$1,650 or 10 day suspension

$4,950 or 30 day suspension

30 day suspension

Revocation

 

 

 

 

 

Washington

$500

$2,500

$5,000

Revocation

 

 

 

 

 

Utah                                      $1,000 - $25,000 Up to Revocation

 

 

 

 

 

South Dakota                        No Standards

 

 

 

 

 

Wyoming

Varies by Government-penalties up to $1,000, suspension/revoke at commissioner's discretion

 

 

North Dakota

5 day suspension with 1-3 invoked

Within 1 year, invoked days + 15 suspension with 1-15 invoked

Within 1 year, possible revocation, suspension

Revocation

 

4.  The department is not proposing any specific rule language changes in this notice.  The intent of the rule hearing is to gain public comments regarding this subject in an effort to assist the department with the decision of amending the rule at a later date.

 

5.  Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing.  Written data, views, or arguments may also be submitted to: Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-3696; or e-mail canderson@mt.gov and must be received no later than June 28, 2010.

 

6.  Cleo Anderson, Department of Revenue, Director's Office, has been designated to preside over and conduct the hearing.

 

7.  An electronic copy of this Notice of Public Hearing is available through the department's site on the World Wide Web at www.mt.gov/revenue, under "for your reference"; "DOR administrative rules"; and "upcoming events and proposed rule changes."  The department strives to make the electronic copy of this Notice of Public Hearing conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

8.  The Department of Revenue maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding particular subject matter or matters.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the person in 5 above or faxed to the office at (406) 444-3696, or may be made by completing a request form at any rules hearing held by the Department of Revenue.

 

9.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply. 

 

 

 

/s/  Cleo Anderson                            /s/  Dan R. Bucks

CLEO ANDERSON                          DAN R. BUCKS

Rule Reviewer                                   Director of Revenue

 

Certified to Secretary of State March 15, 2010

 

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security