Microsoft Word - Phase II Guidelines updated Nov 2020.docx

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Governor Bullock’s Phased Approach for Reopening

Bars and Restaurants

Phase II Guidelines (Updated November 17, 2020) for alcoholic

beverage licensees and agency liquor stores effective November

20, 2020.

In addition to the guidelines below, follow any additional restrictions set by local

jurisdictions.

On-Premises Licenses

All On-Premises Licensees must follow these guidelines:

Service Spacing and Cleaning:

1. Follow a specific cleaning plan meeting the Department of Public Health and

Human Services (DPHHS) Guidelines:

• Cleaning all surfaces between customers, including:

• Tables

• Bar counters

• Chairs

• Bar stools

• Booths

• Condiments (including holders)

• Napkin holders

• 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 6 feet apart. Gaming machines are

considered tables for the purpose of serving good and drinks.

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3. Limit your occupancy to 50% 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 6 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, taps, an area where

drinks are passed to servers, ice machines, or other areas used

to prepare or serve food or beverages;

• Barstools are spaced 6 feet apart. If a group of six 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 between bar seating and staff areas

used for service preparation, a physical barrier or closing may be

used to protect the staff.

3. Wells taken out of use are marked with a sign to remind staff.

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 receive their drink or order, then return to their seat.

On-Premises Hours

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Brewery and Distillery Sample Rooms

Breweries and distilleries must close their sample rooms at the normal time and not

reopen until the normal time the next day. No deliveries may be made outside of sample

room hours.

Winery Sample Rooms

Wineries sample rooms may be open 8:00 a.m. to 10:00 p.m.

All customers must be out of the establishment by the close of business at 10:00 p.m.

No deliveries may occur between 10:00 p.m. and 8:00 a.m. Businesses may reopen

after 4 a.m.; however, the sale or consumption of alcohol may not occur until 8 a.m.

All-Beverage of Beer Licensees

Bars, restaurants, and casinos with all-beverage or beer licenses may be open 8:00

a.m. to 10:00 p.m. This includes catered events. All other catering requirements are still

mandatory. Businesses may reopen after 4 a.m.; however, the sale or consumption of

alcohol may not occur until 8 a.m.

All customers must be out of the establishment by the close of business at 10:00 p.m.

No deliveries may occur between 10:00 p.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

10:00 p.m. This includes catered events. All other catering requirements are still

mandatory. Businesses may reopen after 4 a.m.; however, the sale or consumption of

alcohol may not occur until 11 a.m.

All customers must be out of the establishment by 10:00 p.m. No deliveries may occur

between 10:00 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 (16-4-1001, MCA).

During Phase II, all licensees may:

• Take orders and payments on the phone or by computer.

• Sell for delivery, curbside pickup, drive-up or take-out for off-premises

consumption prior to closing time.

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• Licensees and their employees (with no age limit, but must be server

trained) may carry alcohol in original packaging

curbside or to a parking

area. This includes growlers with beer and table wine.

• Licensees and their employees (at least 21 and server trained) may

deliver alcohol “off-site” in original packaging

. This includes growlers with

beer and table wine.

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 individual servings

for take-out only. The buyer

assumes liability for local or state regulations regarding open container laws.

• Licensees employees must be at least 18 and server trained.

Breweries

Breweries must:

• Sell only in original packaging

, including growlers with beer or individual

servings

if they meet the consumption guidelines

Wineries

Wineries must:

• Sell only in original packaging

, including growlers with wine or individual

servings

if they meet the consumption guidelines

Distilleries

Distilleries must:

• Sell only up to 1.75 liters per person per day.

• Sell only in original packaging

or individual servings

if they meet the

consumption guidelines

Restaurant Beer and Wine Licensees

Restaurant beer and wine licensees must:

• Sell only in original packaging

or individual servings

if they meet the

consumption guidelines

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• Sell beer and wine only to a patron who orders food, with that beer and wine

stated on the food bill.

Off-Premises Licensees and Agency Liquor Stores

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

packaging

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 beer or table wine for any quantity of product that

is agreed upon.

EXPIRED September 30, 2020 TTB Circular 2020-3: Wholesalers and distributors may

no longer extend more than 7 days credit to a retailer.

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.

Virtual Special Events and Catered Events NOT allowed.

Temporary Process for Modifying a License During

Phase II

Financing

As a reminder, institutional loans (bank loans) do not require prior approval. Notification

that a licensee has obtained a bank loan is only required with the license renewal

submission.

Non-institutional loans (non-bank loans) must have prior approval. In order to speed up

the review process, please follow these guidelines:

• Submit online through our TransAction Portal (TAP.DOR.mt.gov) and submit

your request, or

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• Send documents to Stacy Rogstad ([email protected]) via the ePass Montana

File Transfer Service (Transfer.MT.gov).

Fax or mail may not be processed as quickly as online submissions.

Be sure to supply all required documents. Before we can conduct our review, an

application must be complete.

The following documents are required:

• Non-institutional loan (Form 13).

• Personal/criminal history statement (Form 10 or Form 10A) for each person

providing funding.

• Loan agreement and/or promissory note.

• Amortization schedule and/or other applicable contracts or documents.

• Source of funding for the loan (e.g., 6 months of bank statements).

• As noted in the above section, the requirements for fingerprint cards will

temporarily be waived.

Financing application submissions will be given priority.

Additional Accommodations

During this time, we will allow debt holders (landlords, lenders, etc.) to provide

temporary reprieve from payments normally required by law and rule. Bone fide

emergency loan or lease agreement modifications will not be considered an improper

NIL or undisclosed ownership interest.

Any agreement between the licensee and the debt holder to defer or forgive payments

or change terms must be documented. The documentation should include details of the

modification such as:

• Interest rate adjustment.

• Monthly payment adjustment.

• Monthly payment “holidays” or forgiveness.

• Change in loan terms.

• Timeframe for the modification (e.g., temporary or through the term).

• Other accommodations.

Documents should be submitted to the Department no later than with the licensee’s

annual license renewal application, due June 30.

Key Personnel Changes

The license renewal form (due June 30) requires disclosure of any changes to mangers,

officers, or directors. Please ensure all changes are reported at that time (or before).

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Alterations to Licensed Premises

On premises retailers and manufacturers may want to alter their licensed premises to

add additional outdoor space. As an accommodation during this time:

• You may work with your local officials to get their approvals prior to applying with

the Department.

• Work with the Department to update your floorplan.

• If you can’t immediately meet suitability but have local official approval, the

Department will grant temporary approval and will work with you to meet

suitability and gain full approval.

Adequate cleaning and distancing must be maintained in outdoor space as well.

Original packaging means the sealed container in which a manufacturer

packages its products for retail sale. This includes bottles, cans, kegs, and

growlers, but does not include lines or piping for carrying product from a

manufacturer’s premises to a retailer’s premises.

Individual serving means not more than 16 ounces of beer, not more than 2

ounces of liquor, not more than 7 ounces of wine, or a proportional combination

thereof. For example, 1 ounce of liquor mixed with 8 ounces of beer.

Consumption guidelines means all-beverage licensees, on-premises beer

licensees, restaurant beer and wine licensees, breweries, wineries, and distilleries

may serve alcohol in individual servings for consumption off-premises if the

consumption occurs in an area adjacent to the licensee’s approved premise,

and the licensee has received written approval from the governing local

government. The written approval must be retained at their place of business.

For breweries and distilleries, individual servings are restricted to the sample

room limits for the combined on-premise and off-premise consumption. This

provision does not restrict off-premises sales made by on-premises retailers or

manufacturers that are otherwise authorized by Montana law.