(1) Any applicant applying to the
department for a new license or transfer of location of an existing license
under the quota limitations provided for under 16-4-105 and 16-4-201, MCA, must
submit to the department a sworn statement or affidavit from the local county
or city surveyor, a private licensed land surveyor or local government official
attesting to the location of the proposed premises.
(2) If the
location of the proposed premises is not within the boundaries of an
incorporated city, the official must attest to the exact distance from the
nearest corporate boundary to the proposed premises as measured from official
city or county plats.
(a) The
distance must be measured by radial survey method from the nearest corporate
city boundary to the nearest entrance of the proposed premises.
(3) The sworn
statement or affidavit must be substantially in the following form or on a form
provided by the department entitled Certified Survey Affidavit:
(a) Legal description
and/or street address of proposed premises:
I (individual's
name) , (title) have the knowledge and the authority to attest to the location
of the premises known as (trade or business name) .
The location of this
premises is within the incorporated boundaries of (name of city) or is (less
than) five miles from the (name of city) corporate boundary or is more than
five miles from any incorporated city within (name) county.
(b) In the case
of a location outside the corporate boundary include the following:
The distance was
measured by radial survey method from the nearest corporate city boundary to
the nearest entrance of the proposed premises. Plat(s) /map(s) verifying the
location that indicate the points between which the measurement was made and
the distance can be provided upon request.
(c) In the case of a location inside the corporate boundary include the following:
The location of the premises was determined by examination of corporate plats or other official records.
(d) A signature block, title of the parties, and the document must be dated and notarized.