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Phase II Guidelines for Alcoholic Beverage Licensees and Agency Liquor Stores

Service Spacing and Cleaning

  1. Follow a specific cleaning plan meeting the Department of Public Health and Human Services (DPHHS) Guidelines:
    • Clean all surfaces between customers, including:
      • Tables
      • Bar counters
      • Chairs
      • Bar stools
      • Booths
      • Condiments
      • Napkins
      • Décor
      • Menus
      • Gaming machines
    • Remove any table items which cannot be adequately cleaned between customers.
    • Clean all growlers prior to refilling.
    • Do not refill drinks. Provide a new glass each time.
    • Do not provide self-service cups, straws, lids, condiments, beverages, or food.
    • Do not reuse drink coasters unless they can be disinfected between patrons.
    • Do not provide community peanuts or other foods. You may serve these in individual customer containers.
  2. Keep operational gaming machines must be 6 feet apart. Gaming machines are considered tables for the purpose of serving food and drinks.
  3. Limit your occupancy to 75% of your normal operational capacity to allow for adequate group spacing.
  4. When customers are waiting in line, keep groups that are not from the same household separated by an appropriate distance. If your waiting area is not large enough to allow social distancing, close the waiting area to customers.
  5. Limit all tables to 10 customers per table.
  6. Limit gaming machines to one customer per machine.
  7. Keep 6 feet of physical distance between groups or tables. You can accomplish this by:
    • Increasing table spacing, removing tables, or marking tables as closed;
    • Providing for a physical barrier between tables; or
    • Providing back-to-back seating with adequate separation.

Bar and Counter Service

  1. Do not allow patrons to stand and mingle at the bar or elsewhere. All patrons should have a place to sit.
  2. You may allow patrons to sit at bars or counters if:
    • Bar seating is following social distancing and sanitation protocols or other protective measures such as a protective barrier;
    • Bar seating is approved by the local health department; and
    • Bar seating follows these requirements:
      • No bar seat may be within 6 feet of a well or taps, an area where drinks are passed to servers, ice machines, or other areas used to prepare or serve food or beverages;
      • Bar stools are spaced 6 feet apart. If a group of 6 or fewer comes in and request to be seated together, a staff member may move seats to group them together, then separate the seats again once the group leaves;
      • If bars cannot keep 6 feet from bar seating and staff areas used for service preparation, a physical barrier or closing may be used to protect the staff.
    • Wells taken out of use are marked with a sign to remind staff.
  3. Keep a designated area at the bar to allow patrons to place and receive orders following these guidelines:
    • Only one patron may use this space at a time.
    • Keep 6 feet between all patrons from separate groups.
    • Patrons may grab their drink on order, then return to their seat.

On-Premises Hours

Breweries, Wineries, and Distillery Sample Rooms

Breweries, wineries, and distilleries must close their sample room and the normal time and not reopen until the normal time the next day. No deliveries may be made outside of sample room hours.

All-Beverage or Beer Licensees

Bars, restaurants, and casinos with all-beverage or beer licenses may be open 8:00 a.m. to 12:30 a.m.

All customers must be out of the facility by the close of business at 12:30 a.m.

No deliveries may occur between 12:30 a.m. and 8:00 a.m.

Restaurant Beer and Wine Licenses

Restaurants with a Restaurant Beer and Wine License may be open 11:00 a.m. to 12:30 a.m., but must stop allowing alcohol consumption at 11:00 p.m.

All customers must be out of the facility by 12:30 a.m.

No deliveries may occur between 11:00 p.m. and 11:00 a.m.

Additional Guidelines and Allowances

All licensees must follow all laws pertaining to the Responsible Alcohol Sales and Service Act (16-4-10, MCA).

During Phase II, all licensees may:

  • Take orders and payments on the phone or by computer.
  • Deliver alcoholic beverages off premises, including to a parking lot or curb before closing time. All deliveries must be made by an employee over the age of 21.
  • Sell alcohol through a drive-up window.

Selling Alcohol for Off-Premises Consumption

All licensees may sell alcohol for off-premises consumption prior to closing time.

All-Beverage and Beer Licensees

All-beverage and beer licensees must:

  • Sell alcoholic beverages in original packaging1 for delivery, curbside, drive-up, or take-out. This includes growlers with beer and table wine.
  • Sell alcoholic beverages in individual servings2 for take-out only. The buyer assumes liability for local or state regulations regarding open container laws.

Breweries and Wineries

Breweries and wineries must only sell in original packaging1, including growlers with beer, or individual servings2 if they meet consumption guidelines3.

Distilleries

Distilleries must only sell up to 1.75 liters per person per day. All products must be sold in original packaging1 or individual servings2 if they meet consumption guidelines3.

Restaurant Beer and Wine Licensees

Restaurant beer and wine licensees may only sell beer or wine to a patron who orders food and has the beer and wine stated on the food bill.

In addition, all products must be sold in original packaging1, including growlers with beer, or individual servings2 if they meet consumption guidelines3.

Off-premises Licensees and Agency Liquor Stores

Off-premises licensees and agency liquor stores may only sell products in original packaging1.

Beer Wholesalers and Table Wine Distributors

Beer wholesalers and table wine distributors may coordinate with retail licensees and with agency liquor stores for pickup of table wine for any quantity of product that is agreed upon.

Wholesalers and distributors may also extend more than 7 days credit to a retailer as long as the same arrangement is offered to all retailers.

Continued Prohibitions under Phase II

No licensee or agency liquor store may:

  • Sell to a person under 21.
  • Sell to any person actually, apparently, or obviously intoxicated.
  • Have a third-party service such as Grubhub order, pickup, or deliver alcohol.
  • Canvass for, or solicit, orders for alcohol. Customers must initiate the sale of alcohol either on the phone, in person, or online. Normal advertising rules apply.

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