Montana Code § 16-4-405

Denial Of License
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16-4-405 . Denial of license. (1) The department may deny the issuance of a retail alcoholic beverages license if it determines that the premises proposed for licensing are off regular police beats and cannot be properly policed by local authorities. (2) A retail license may not be issued by the department for a premises situated within a zone of a city, town, or county where the sale of alcoholic beverages is prohibited by ordinance, a certified copy of which has been filed with the department. (3) A license under this code may not be issued if the department finds from the evidence at the hearing held pursuant to 16-4-207 (3) that: (a) the welfare of the people residing or of retail licensees located in the vicinity of the premises for which the license is desired will be adversely and seriously affected; (b) if required, there is not a public convenience and necessity justification pursuant to 16-4-203 ; (c) the applicant or the premises proposed for licensing fail to meet the eligibility or suitability criteria established by this code; or (d) the purposes of this code will not be carried out by the issuance of the license.

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