PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF LOCATION OF Montana All-Alcoholic Beverages License
SAPPHIRE PONY, LLC (Andrew B Pace, Owner(s)) has applied to transfer Montana All-Alcoholic Beverages License No. 13-829-6846-001 to be operated at SAPPHIRE PONY, 200 Rodeo Road, Darby, Ravalli County. The public may protest this license transfer in accordance with the law.
Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met.
What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 13-829-6846-001 and the applicant’s name SAPPHIRE PONY, LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter.
What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected.
How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before September 30, 2023.
What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Darby. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied.
How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Breanna Gill, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-0710 or Breanna.Gill@mt.gov.
BS 9-13, 9-20-23.