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42.12.504    SUCCESSFUL RETAIL ALCOHOLIC BEVERAGE LICENSE COMPETITIVE BIDDER

(1) The department shall rank all qualified bidders by bid amount.

(2) Regardless of the timing of bids, in the event a bidder places multiple bids, the department shall accept the highest bid placed by the bidder.

(3) In the event of the highest bid resulting in a tie, the department shall notify those bidders to request the bidders to submit a new bid and irrevocable letter of credit.

(4) The department shall notify the highest bidder.

(5) The highest bidder shall have 60 days to submit the application for licensure from the day the notification was received. Up to 60 additional days may be granted to the highest bidder upon the department receiving and approving a written request by the highest bidder that explains the need for additional time. If the highest bidder does not submit a completed application for licensure within the allotted time, the highest bidder will be disqualified. Once the application for licensure has been submitted, the highest bidder becomes an applicant.

(6) Failure to submit an application for licensure may result in a monetary penalty of no more than five percent of the bidder's bid amount.

(7) The information provided by the applicant on the application for licensure must match the information provided on the competitive bid form. Failure to provide identical information will result in disqualification and the application will be denied.

(8) The applicant must meet all other licensing and premises suitability requirements in order for a license to be issued by the department. Once the application has been approved by the department, the applicant becomes a licensee.

(9) Failure to pay the bid amount by the time the department is ready to approve the license will result in disqualification and the application for licensure will be denied.

(10) The licensee must commence business within one year of receiving the department's notification in (4) unless the department grants an extension.

(11) The licensee is subject to forfeiture of the license at the department's discretion if the licensee:

(a) transfers the license to another person unless the transfer is due to the death of the licensee;

(b) does not use the license within one year of receiving the license unless the department grants an extension;

(c) places the license on nonuse within 5 years of receiving the license; or

(d) proposes to use the license in a location which has had the same license type within the previous 12 months.

(12) If the application for licensure is withdrawn, the license is forfeited, or if the department denies the application for licensure, the next highest bidder will be notified. The next highest bidder will have two weeks to submit an irrevocable letter of credit for their bid amount if the original letter of credit was cancelled.

 

History: 16-1-303, 16-4-105, 16-4-201, 16-4-204, 16-4-420, MCA; IMP, 16-4-105, 16-4-201, 16-4-204, 16-4-420, MCA; NEW, 2018 MAR p. 1613, Eff. 8/11/18.

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