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Rule Title: DETERMINATION OF SUCCESSFUL COMPETITIVE BIDDER AND SUBMISSION OF COMPLETED APPLICATION
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Department: REVENUE
Chapter: LIQUOR LICENSES AND PERMITS
Subchapter: Competitive Bidding Process for Retail Alcoholic Beverage Licenses
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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42.12.504    DETERMINATION OF SUCCESSFUL COMPETITIVE BIDDER AND SUBMISSION OF COMPLETED APPLICATION

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

(2) 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 in writing. The department shall also notify all other bidders that the highest bidder was notified.

(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 denial of the application.

(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) If the application for licensure is not approved or the license is forfeited pursuant to 16-4-430(7), MCA, the next highest bidder will be notified in writing. 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. The next highest bidder shall comply with the requirements of (5) through (9) and 16-4-430(4), MCA.

 

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, 16-4-430, MCA; NEW, 2018 MAR p. 1613, Eff. 8/11/18; AMD, 2019 MAR p. 2385, Eff. 12/28/19.


 

 
MAR Notices Effective From Effective To History Notes
42-1009 12/28/2019 Current 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, 16-4-430, MCA; NEW, 2018 MAR p. 1613, Eff. 8/11/18; AMD, 2019 MAR p. 2385, Eff. 12/28/19.
42-2-992 8/11/2018 12/28/2019 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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