Capitol action - cdn.ymaws.com · Montana Tavern Times – 4 March 2019 Tavern Opinion/Editorial...

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Vol. 24, Number 4 A Tash Communications Publication March 2019 Endorsed by the PRSRT STD U.S. POSTAGE PAID Permit No. 93 Livingston, MT Change service requested: P.O. Box 4307, Butte, MT 59702 [email protected] 406-494-0100 Montana Tavern Times The American Beverage Licensees (ABL) Annual Meeting is set for March 24-26 at Bally’s Las Vegas Hotel and Casino, marking the end of a two-year term as ABL president for Steve Morris of Helena. The convention, described as “equal parts hospitality, education and network- ing,” is where independent on- and off- premise beverage retailers come together to discuss the trends, challenges and opportunities facing them and their peers. The event also features a trade show with hundreds of participating vendors. “The trade show is worth attending by itself,” said Morris said, a longtime Montana Tavern Association member and owner of Jorgensen’s in Helena with his wife, Barb. Morris has worked closely with the ABL for over a decade while serving as the MTA’s national director to the ABL. Committee kills brewery, distillery retail measures Industry opposes blackjack bill By Paul Tash Montana Tavern Times The Montana legislators early in the current session have shown a distaste for extending retail sales for breweries and distilleries. A House committee in February tabled one bill that would have extended the hours brew- eries can serve beer in their sample rooms from 8 p.m. until 10 p.m. and another that would have allowed distilleries to serve twice the amount of alcohol in their tap rooms, from 2 ounces to 4 ounces per day. The Montana Tavern Association opposed both bills, arguing that continued expansion of retail options for breweries and distilleries would further establish them as alcohol retail- ers, not wholesalers as the state Legislature originally intended. Breweries and distilleries are not required to purchase a retail license that Montana taverns are required to do, and there- fore escape the expense and regulation taverns Capitol action See MEETING Page 11 Hi-Line hospitality Hi-Line hospitality heats up gala heats up gala - Page 3 - Page 3 ABL meets in Las Vegas March 24-26 Steve Morris By Jorie Tash Montana Tavern Times Citing the game’s susceptibility to cheating, the high expense needed to run it correctly, and doubts about its ability to generate revenue, rep- resentatives from every segment of Montana’s gaming industry lined up against a bill that would legalize blackjack in Montana during a legislative committee hearing Feb. 21. House Bill 385, sponsored by Rep. Wylie Galt, R-Martinsdale, is modeled after North Dakota’s blackjack law, where “non-profits are the only ones that can own blackjack tables,” Galt told the House Taxation Committee Feb. 21. Blackjack, called twenty-one in many places, is a card game in which a player tries to obtain a higher total card count than a dealer without exceeding 21. HB 385 would allow non-profit organizations to be licensed as “card- room contractors” to provide blackjack. Representatives of the Gaming Industry See ALCOHOL Page 8 See GAMING Page 6 SNOW HIGHLIGHTS the Thomas Meagher statue guarding the Montana Capitol build- ing in Helena where the 65th Montana Legislative Session is meeting. Paul Tash photo

Transcript of Capitol action - cdn.ymaws.com · Montana Tavern Times – 4 March 2019 Tavern Opinion/Editorial...

Page 1: Capitol action - cdn.ymaws.com · Montana Tavern Times – 4 March 2019 Tavern Opinion/Editorial Times — UPCOMING EVENTS — March 13 MTA board meeting, Jorgenson’s, Helena March

Vol. 24, Number 4 A Tash Communications Publication March 2019

Endorsed by the

PRSRT STDU.S. POSTAGE

P A I DPermit No. 93Livingston, MT

Change service requested: P.O. Box 4307, Butte, MT 59702

[email protected] 406-494-0100

Montana Tavern TimesThe American Beverage Licensees

(ABL) Annual Meeting is set for March24-26 at Bally’s Las Vegas Hotel andCasino, marking the end of a two-yearterm as ABL president for Steve Morrisof Helena.

The convention, described as “equal

parts hospitality, education and network-ing,” is where independent on- and off-premise beverage retailers come togetherto discuss the trends, challenges andopportunities facing them and their peers.The event also features a trade show withhundreds of participating vendors.

“The trade show is worth attending

by itself,” said Morris said, a longtimeMontana Tavern Association member andowner of Jorgensen’s in Helena with hiswife, Barb.

Morris has worked closely with theABL for over a decade while serving asthe MTA’s national director to the ABL.

Committee killsbrewery, distilleryretail measures

Industry opposes blackjack bill

By Paul TashMontana Tavern Times

The Montana legislators early in the currentsession have shown a distaste for extendingretail sales for breweries and distilleries.

A House committee in February tabled onebill that would have extended the hours brew-eries can serve beer in their sample rooms from8 p.m. until 10 p.m. and another that wouldhave allowed distilleries to serve twice theamount of alcohol in their tap rooms, from 2ounces to 4 ounces per day.

The Montana Tavern Association opposedboth bills, arguing that continued expansion ofretail options for breweries and distillerieswould further establish them as alcohol retail-ers, not wholesalers as the state Legislatureoriginally intended. Breweries and distilleriesare not required to purchase a retail license thatMontana taverns are required to do, and there-fore escape the expense and regulation taverns

Capitolaction

See MEETING Page 11

Hi-Line hospitalityHi-Line hospitalityheats up galaheats up gala

- Page 3- Page 3

ABL meets in Las Vegas March 24-26

Steve Morris

By Jorie TashMontana Tavern Times

Citing the game’s susceptibility to cheating,the high expense needed to run it correctly, anddoubts about its ability to generate revenue, rep-resentatives from every segment of Montana’sgaming industry lined up against a bill thatwould legalize blackjack in Montana during alegislative committee hearing Feb. 21.

House Bill 385, sponsored by Rep. WylieGalt, R-Martinsdale, is modeled after North

Dakota’s blackjack law, where “non-profits arethe only ones that can own blackjack tables,”Galt told the House Taxation Committee Feb.21. Blackjack, called twenty-one in manyplaces, is a card game in which a player tries toobtain a higher total card count than a dealerwithout exceeding 21. HB 385 would allownon-profit organizations to be licensed as “card-room contractors” to provide blackjack.

Representatives of the Gaming IndustrySee ALCOHOL Page 8 See GAMING Page 6

SNOW HIGHLIGHTS the Thomas Meagherstatue guarding the Montana Capitol build-

ing in Helena where the 65th MontanaLegislative Session is meeting.

Paul Tash photo

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Montana Tavern Times – 2 March 2019

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Montana Tavern Times – 3March 2019

By Paul TashMontana Tavern Times

Neither the cold weather out-side nor the warm atmosphereinside was unexpected during theHi-Line Tavern Association'sAnnual Charity Event Feb. 11 inHavre's Duck Inn.

Even with temperatures dip-ping to 20 degrees below zero, theDuck Inn's Olympic Room hosteda large and enthusiastic crowd oftavern owners and supporters.Event-goers were treated to thealways-delicious buffet dinneroffering a variety of items, includ-ing butter herb salmon, tequilalime chicken and choice primerib.

The event featured a silentauction, live auction, a one-handpoker table, a Plinko-game, sever-al raffles for cash and prizes, andthe traditional 12-seat fundraiser –all in the name of charity. Emceefor the event was Doug Denny,assisted by Tom Farnham of theHavre Eagles Club and presidentof the Hi-Line Tavern Association.

Farnham welcomed the din-ner-goers with a thank-you forcoming out and supporting themany charitable causes in Hill,Blaine and Choteau counties thatbenefit from the Hi-Line TavernAssociation’s generosity. He alsointroduced local legislators, gov-ernment officials, and other digni-taries who attended the gala.

“We take pride in support-ing our local youth and help-ing to improve our communi-ty,” the local association statesin its evening program.

Winning seats at the 12-seat fundraiser were TownPump, Chinook Eagles,Gallatin Co. TavernAssociation, Nobles WestsideLiquor, Eagles Club, D6 Guns,Elks Club, Havre Distributing,Chinook Eagles (again), IGT,Lisa Dalsoglio (11th seat raf-fle), and Murphy’s Pub (12thseat auction).

Town Pump took homefirst prize and $2,000. Secondplace and $1,200 went toHavre Elks Club, while NoblesWestside Liquor won third placeand $800. The other nine “losers”took home $150.

As always, the real winners ofthe night are the dozens of charitiesthat the Hi-Line Tavern Associationdonates to with proceeds from thecharity dinner.

Besides President Farnham,officers for the Hi-Line TavernAssociation are Katrina DeGraff,vice president; Lance Johnson,treasurer; Michele Denny, secre-tary; and Will Devries, MTA direc-tor.

Hi-Line hospitality heats up galaPERUSING THE

siilent auction at the Hi-LineTavern Association’s charity

gala Feb. 11 are LisaDalsoglio and Arik Neal,

right. Below, emcee DougDenny prepares to call outthe winner of the 12-chair

fundraiser, as Steve McLainand Aubrey Montayne givethe thumbs up awaiting the

announcement.

ARIEL SECORA, above left, is just excited asCecelia Morsette, who won a raffle drawing for

some cash during the Hi-Line TavernAssociation’s charity event Feb. 11 in Havre.

At right, Clayton Parsons (cap) and KurtJohnson shake hands after another fundraiser

netted Johnson another cash prize.

Paul Tash photos

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March 2019Montana Tavern Times – 4

Opinion/EditorialTavernTimes

— UPCOMING EVENTS — March 13 MTA board meeting, Jorgenson’s, Helena March 24-26 ABL Annual Meeting, Bally’s, Las Vegas May 14-15 GIA Convention, Chico Hot Springs Sept. 9-11 MTA Convention and Trade Show, Sidney

— STANDING DATES — 2nd Tues. of month Carbon/Stillwater TA 328-4807 1st & 3rd Wed. month Cascade Co. TA 453-9567 2nd Mon. of month Central Montana TA 366-9633 Quarterly (call) Flathead Co. TA 270-8069 1st Thurs. of month Hi-Line TA 265-9551 2nd Wed. of month North Lake Co. TA 844-3372 2nd Wed. of month Lincoln Co. TA 293-4493 2nd Tues. of month Miles City TA 234-3164 1st Tues. of quarter Missoula Co. TA 728-0030 3rd Thurs. of month Park County TA 222-0665 Last Tues. of month Ravalli Co. TA 821-1853 2nd Thurs of month Richland Co. TA 433-4354 2nd Thur. of month Sheridan-Richland-Daniels 474-2358 2nd Tues. of month Silver Bow TA 494-6062 Last Wed. of month Southwest Montana TA 835-2150 1st Mon. of month Toole Co. TA 434-2442 2nd Tues. of month Tri-County LBA 475-3125 1st Thurs. of month Yellowstone TA 855-0778

Tavern Timetable

Paul Tash, Editor/Publisher • [email protected] phone: 406-494-0100 • Cell: 406-491-0100

Paul Vang, Contributing Writer • [email protected] 406-494-5736

Ad Production • [email protected]

Postmaster: Please send address change requests to P.O. Box 4307, Butte, MT 59702All rights reserved by publisher

This publication has been endorsed by the Montana Tavern Association

Reprints of articles and back issues are available at a cost of $10.If you wish to begin receiving the Montana Tavern Times,

send your name, mailing address, telephone number and $35 for a year’s subscriptionto Montana Tavern Times, P.O. Box 4307, Butte, MT 59702.

Tavern Times Business and News Office:P.O. Box 4307, Butte, MT 59702

• TEL: 406-494-0100 • E-MAIL: [email protected]

A Tash Communications Publication

Write usThe Montana Tavern Times welcomes letters to the editor.Letters must include the writer’s name and address. Theword limit is 300. Mail to Montana Tavern Times, P.O. Box4307, Butte MT 59702, or email us at [email protected]. The Times reserves the right not to print let-ters it finds objectionable.

By Dave JeseritzGCD Investigations ChiefCalcuttas are a great way to

add a little extra fun to yourlocal events, while supportingyour favorite charity. Whetherit’s golf tournaments, rodeos,pool tournaments, or the NCAAmen’s and women’s basketballtournaments, properly runCalcuttas have been known tobring in anywhere from $1,000to $150,000 in gross receipts.While payouts to winning bid-ders can be pretty significant,it’s the local or national nonprof-its that really appreciate thedonations in the end.

The NCAA March Madnesstournament is one of thebiggest Calcutta events here inMontana. The number of per-mits our agency sees duringthis time of year nearly tripleswhen compared to othermonths. Last year, our investi-gators followed-up with appli-cants after their event to ensurethat the monies were being dis-tributed properly. I thought itwould be interesting to share a

small sample of the 2018NCAA tournament Calcuttaresults that we found.

As you can see in the tableon Page 5, the numbers are all

over the board. Usually, thebigger numbers are locationsthat have really spent a lot oftime over the years putting on agreat venue and bringing in thecrowds as well as their money.However, these events canonly be successful if they arerun properly and legally. Our

investigators spend a lot oftime reviewing the applicationsand providing feedback to theapplicants to help ensure thatthings are being done right.

Some of the key factors tomaking sure your Calcutta isrun correctly are:

1. Make sure your liveCalcutta auction is conductedon a proper “underlying event.”That means the teams or indi-viduals being auctioned offneed to be participating in an

actual game, tournament, orcontest with MORE than twoentrants, such as basketballtournaments, golf tournaments,individual or team events at arodeo, fishing tournaments, etc.Unfortunately, we have to denyapplications submitted to us ifthe underlying events are ficti-tious or contrived or if theycombine two gambling activitiestogether, such as a Calcuttaand raffle.

2. Teams or individuals inthe event must be auctioned offto the highest bidder. Winningbidders cannot be required tosell or share any portion of thebid to the team or individualthey purchased, however, par-ticipants in the underlying eventcan bid on themselves or par-ticipate in the Calcutta by pool-ing their money and having onespokesperson bid on theirbehalf.

3. No more than one win-ning bid for each competitor isallowed.

4. All competitors in theSee CALCUTTAS Page 5

Tourney sparks Calcutta madness

The amount ofpermits our

agency sees duringthis time nearlytriples when com-pared to othermonths.

Dave Jeseritz

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By Joel SilvermanSilverman Law Office

Ok, so you thought you could get rid ofme. Well, here I am again. Eating up copyspace with more scribble than you wish toread. But stay with me … I have a questionfrom Lewistown that might beappropriate for other bar own-ers. Here it is: If I pay some-one as a salary, then I shouldbe exempt from paying themovertime, right?

In most cases, the answeris no.

The first question you haveto ask is whether the employeeis exempt. To figure this out, goto the Department of Labor andIndustry website and look atthe guidelines posted athttp://erd.dli.mt.gov/labor-stan-dards/wage-and-hour-payment-act/minimum-wage.

Second, you have to look at the overalldollar salary that the employee is gettingpaid: http://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act/executive-employees.

If the individual isn’t exempt, then theirsalary is divided into a 40-hour work weekto get their hourly rate. If the non-exemptemployee then works over 40 hours in a

week, then you are required by Montanalaw to pay them overtime, at 1.5 times theirhourly rate. Let’s try to make an easy exam-ple (if you know me, then you know I don’tmake anything easy):

Jane gets paid as a bartender at a rate

of $400/week. She works 50 hours in aweek. Jane gets paid $400 for working the40 hours of her week, or $10/hour. Forevery hour over 40 hours, Jane will get paidtime and a half, which is $15/hour. SinceJane worked 10 hours of overtime, shemust be compensated for her 10 hours ofovertime at $15/hour, which equals $150.The result is that Jane gets paid a total of

$550 for working a 50-hour week. Inevitably, the next question is, what

does Jane get paid if she works less than40 hours in a week? The answer is shegets paid her full salary, if that is how youpay her. Anytime Jane works less than 40

hours, Jane gets a wonderful benefit.I know the Montana law

seems screwy, and it is to me,too. This is the field we have toplay on, so be aware of the law.This little bit of knowledge wouldhave saved a Montana grocerystore, had owners been aware ofthe Montana labor laws. However,that business went underbecause employees of the gro-cery store made a very largeclaim. Please don’t be the busi-ness owner who pays the prover-bial “dumb tax.” Understand thelaws and know whether yourteam is exempt and what their

working hours are on a weekly basis. It isyour job to track hours, not the employee’s.

If you have a topic for future articles,please email me at [email protected].

Joel Silverman is founder ofSilverman Law Office with offices inHelena and Bozeman. He can be reachedat (406) 204-5813.

Montana Tavern Times – 5March 2019

Opinion/EditorialTavernTimes

Calcuttasfrom Page 4

underlying event must be auc-tioned off. Those not sold maybe pooled and sold as a group.

5. Only cash, checks ordebit cards can be accepted aspayment at the end of the auc-tion. NO CREDIT CARDS canbe accepted.

6. Payouts can only occurat the end of the underlyingevent to the winning bidder.

7. No one under the age of18 is permitted to participate ina Calcutta.

8. Calcutta’s cannot beconnected to any elementary orhigh school sporting events.

9. Calcutta records must bekept and available to GCD uponrequest. Payouts to the charita-ble organizations should occurshortly after payouts to winningbidders.

10.Calcutta rules and theGCD permit must be posted atthe Calcutta location.

Some quick tips to ensure asmooth application process are:

1. Send in the applicationand $25 fee at least 10 workingdays prior to the auction. GCD

cannot assure approval if anapplication is submitted late.The Calcutta application (Form26) can be found on our website,https://dojmt.gov/gaming/forms/

2. Calcutta rules are justthat, rules for operating anddetermining the winner(s) of theCalcutta. We do not need thepayout structure or rules for theactual underlying event, suchas a golf or fishing tournament,unless it is pertinent to deter-mining the winners of theCalcutta.

3. If you are planning to

auction off several events in aweekend event such as teamroping, barrel racing, and bullriding, you can use one appli-cation to submit all three of theCalcutta’s listed as examples.However, you must submit sep-arate applications and fees forevents that are either not simi-lar, such as a rodeo and demo-lition derby during a fair week-end, or are weeks or monthsapart.

4. Please do not submitapplications for things that arenot authorized, such as the

entire season of the NFL (onlythe playoffs are approved) orevents where chairs are auction-ed off prior to a raffle drawing.

For more information, visitour website at dojmt.gov/gam-ing and view the CalcuttaGuidelines document availableunder “Resources.”

I hope your Calcutta auc-tions are successful in thefuture. As always, if there anyquestions, please don’t hesitateto call or email our Division.You can reach us at 406-444-1971 or [email protected].

Salaried workers get overtime, too

Please don’t bethe business

owner who pays theproverbial “dumbtax.”

Joel Silverman

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March 2019Montana Tavern Times – 6

Gamingfrom Page 1

Association of Montana (GIA),Montana Tavern Association(MTA), the Montana CoinMachine Operators Association(MCMOA) testified against thebill at the hearing.

“Blackjack is a difficult gameto run well,” MTA lobbyist JohnIverson said. “We just don’t havethe kind of volume that a LasVegas-based casinodoes. The margins areextremely thin,(Montana) can’t affordto cover the infrastruc-ture, and there’s notgoing to be enoughrevenue produced forthe state to cover regu-lation.”

Iverson alsoexpressed unease withthe ambiguous defini-tion of “non-profits” inthe bill, as many spe-cial interest associationshave non-profit status that “don’thave a charitable purpose.” Thislack of definition, Iverson said,could create issues with non-prof-it-affiliated individuals misusingblackjack revenue, creating “shamnon-profits to try to operate in thisspace.”

Neil Peterson, GIA executivedirector, expressed similar senti-ments against HB 385.

“We just don’t think blackjack,especially live blackjack, is a goodidea,” he said.

Peterson went on to cite diffi-culties with regulation, a potentialdecrease in video gaming machine(VGM) revenue and “no real infra-structure in Montana to offer(blackjack).”

MCMOA lobbyist RondaWiggers testified that blackjackwould represent “a very, very dif-ferent form of gambling (and) alarge change to our gamblingstatute and culture in the state ofMontana.”

The committee had not takenaction on the bill at press time.

Galt tried unsuccessfully to legal-ize blackjack in 2017.

Several other gaming-relatedbills were moving through the leg-islative process at press time,including ones to legalize the pop-ular heads-or-tails fundraisinggame, to allow access-control sys-tems for casinos, and to legalizehistorical horse-racing games.

Heads or tailsSenate Bill 25, drafted by con-

sensus of the Gaming AdvisoryCommittee and the state Gambling

Control Division,amends a few minorgaming laws and cre-ates a legal process forheads-or-tails games.The bill passed theSenate 45-2 and theHouse 90-6.

Sponsored by Sen.Mark Blasdel, R-Kalispell, SB25 wouldallow non-profit organ-izations to host heads-or-tails, a game in

which participants “bet”on the outcome of a coin flip byputting their hands on their headsor behinds until one player whohas guessed every flip correctlywins, with at least 50 percent ofprofits from the game going to thehosting non-profit. Licensed gam-bling establishments can host thegame, the bill states, but “theactivity must be managed by thesponsoring non-profit organizationand all marketing or promotionalmaterials must clearly identify thesponsor.”

“There are a number of thesenon-profit fundraisers that happenin taverns across the state, but itwasn’t a legal activity,” Iversontold a House committee Feb. 11.“We wanted to see this allowed sothat the non-profits that throw theirevents at our establishments cando so in a legal fashion.”

SB25 also:• Defines an “antique gambling

device” as any gaming device atleast 30 years old and details whocan own such a device.

• And requires that sports pools

and sports tab games be conductedonly by licensed gaming establish-ments.

Horse-racing machinesSen. Blasdel is also sponsoring

SB 183, a bill that seeks to legal-ize historical horse-racingmachines, which allow players tomake pari-mutuel bets on combi-nations of thousands of already-completed races. Sen. Blasdel’slegislation would grant the Boardof Horse Racing authority to“implement, administer, andenforce wagering onpari-mutuel historicalhorse racing.”

The GamblingControl Division(GCD), the MTA andthe GIA all oppose thebill.

“SB 183 isn’tabout live horse rac-ing,” the GIA’sPeterson told theMontana TavernTimes. “It’s about put-ting slot machines inplay in Montana.”

The bill passed out of a Senatecommittee Feb. 21.

Access control systemsThe gaming industry’s “buzz-

in” bill, SB 119, has chugged rightalong in the Legislature, passingthe Senate 50-0 Jan. 29.

The bill, also sponsored byBlasdel, allows casinos to keeppublic doors locked during late-night business hours until a cus-tomer or law enforcement pressesa button to be let in, enhancing thecasino’s security. Law enforce-ment officials, including the GCDand police officers, must be let inimmediately, according to the lan-guage in the bill, and licenseesmust first fill out an applicationfrom the Dept. of Justice andobtain approval from both theDOJ and GCD before access con-trol system use is allowed. The billis currently awaiting its first read-ing in the House Business andLabor Committee.

“The bill would provide a

safer environment for casinoemployees and customers,”Peterson said. “We appreciate thesupport we received in the Senate,and we hope to have the samereception in the House.”

Player trackingRep. Ed Buttrey, R-Great Falls,

has introduced HB 579, a bill tolegalize electronic player trackingto identify the top players and pro-vide them with enhanced bonusand reward play.

The MTA and GIA have histor-ically opposed elec-tronic player trackingon grounds that playerinformation could beshared between chaincasinos to the detri-ment of small, inde-pendent casinos. HB579 includes languageto ensure confidentiali-ty of players’ data byfining licensees whoshare their informationwith anyone but the

DOJ, DOR, and GCDfor “auditing and tax purposes.”The legislation passed out of com-mittee on an 11-8 vote Feb. 27.

Roll those diceA bill by Democratic Rep.

Ryan Lynch of Butte that wouldallow people to play the dice gamecee-lo at bars and other establish-ments licensed to sell alcoholpassed out of a House committeeFeb. 22 and is headed to the fullHouse.

A GCD investigation and bustat the Butte Country Club prompt-ed the legislation.

Cee-lo is often played withthree dice and the combination 4-5-6 is a winner. Under Lynch’sbill, all customers must agree onthe rules before playing and allmust be 18 or older. Establish-ments can limit the amount thatcan be won and use remainingmoney to start a pot for a newgame, but all money must be paidout in winnings, the bill states.

Sports bettingLegislation to legalize, create

and regulate sports betting inMontana had not been introducedat press time, though at least onebill is expected. The GamingAdvisory Council has been work-ing with industry representativesand regulators to develop a legisla-tive framework for sports betting,with the most likely model center-ing on gaming establishments pro-viding sports betting throughkiosks.

A bill to allow pari-mutuel bet-ting on live horse races throughthe Board of Horse Racing hasbeen introduced in the HouseBusiness and Labor Committee.

Rep. Blasdel Rep. Buttrey

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Montana Tavern Times – 7March 2019

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March 2019Montana Tavern Times – 8

GERALD W. STEINBRENNER

MILODRAGOVICH, DALE, STEINBRENNER P.C.Attorneys

GERALD W. STEINBRENNER(406) 728-1455Fax (406) 549-7077E-Mail: [email protected] www.bigskylawyers.com

P.O. Box 4947620 High Park Way

Missoula MT 59806-4947

Liquor License Transfers, Gaming Applications,Real Estate, Business Sales, and Estate Planning

must operate with. Although taverns, breweries

and distilleries remain at odds overguidelines of on-premise sale ofMontana-crafted beer and spirits,MTA lobbyist John Iverson toldthe Montana Tavern Times theMTA is “committed to work withour industry partners to find acommon-sense approach to the sit-uation.”

Iverson said the rejection of the

Alcoholfrom Page 1

two bills wasn’t a “resoundingendorsement” of the current alco-hol system that “work needs tocontinue to make Montana’s alco-hol system relevant.”

The House Business and LaborCommittee tabled the brewery-hours bill (House Bill 185, spon-sored by Rep. Dave Fern, D-Whitefish) on a 16-3 vote follow-ing a hearing Feb. 8. The distillerybill (HB 362, sponsored by Rep.Jim Hamilton, D-Bozeman) wastabled after its committee hearingFeb. 13.

The House committee also

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killed two other alcohol-relatedbills – HB 250, which sought toallow wineries to sell wine undera special event permit, and HB261, which sought to allow certainorganizations to serve beer andwine at amateur sporting events.

License auction revisionAnother alcohol-related meas-

ure, which further defines andmakes permanent the new auctionprocess for new beverage licensesin combined quota areas, is pro-gressing through the legislativeprocess. Introduced by Rep. EdButtrey, R-Great Falls, HB 35awaited final approval from theHouse as of Feb. 28.

The 2017 special sessionpassed the original bill thatreplaced a problematic lotteryprocess for new licenses in com-bined quota areas with the auctionprocess in an effort raise moneyfor the state and ease problems in

combined quota areas, such asBozeman and Belgrade.

In combined quota areas,licenses won in the old lottery sys-tem were being moved from thesmaller town to the larger one,where they’re worth more. Thatsituation created concern thatsmaller towns in those areas wouldbe left without any licenses. Othercombined quota areas are Helenaand East Helena; Whitefish,Columbia Falls and Kalispell; andPinesdale and Hamilton.

Because the bill during the spe-cial session was hastily crafted inthe two-day session, the legislationdidn't clarify how to break apartquota areas. HB 35 does that.

“The entire alcohol industryand state regulators worked togeth-er on the bill to improve theprocess for bringing new licensesinto communities,” Iverson told theTimes.

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Montana Tavern Times – 9March 2019

By Isabelle PlebanekSo, you’re planning on hosting

a trivia event at your bar or restau-rant. Trivia events can be great forincreasing your foot traffic andintroducing new customers to yourbusiness. Everybody loves gettingtogether with a couple of friendsand proving who is truly thesmartest. Here are a couple of tipsand tricks to help promote yourupcoming trivia event!

First off, you should decidewhether your trivia night is goingto have an underlying theme to itor if you are going to go with amore generalized trivia night. Ifyou are planning to go with athemed event, don’t be afraid to goall in! Serve themed drinks andfood or decorate your bar/restau-rant. For instance, if you are plan-ning on hosting a Harry Potter triv-ia night, consider offering special-ized cocktails and snacks to makeyour patrons feel more immersed.Planning on a movie trivia night?Ask your staff to dress up as theirfavorite film characters. Not onlywill this excite your customers, butyour staff will probably get a goodkick out of it as well!

If you are planning for a moregeneralized trivia contest, be surenot to make the questions too spe-cific or difficult. You want yourcustomers to have fun and enjoythemselves at trivia night, not feelstumped or unintelligent by toodifficult of questions. You mayalso want to lay down some simplerules at the beginning to discour-age patrons from using theirphones to simply look up theanswers to your questions.

Next, plan how you will

Offering a trivia event? Promote it!

reward your trivia winners! Prizescan range from free drink/foodcoupons to cash. If you have videogaming machines in your estab-lishment, consider offering a $10or $5 match-play on their favoritemachine. This has the added bene-fit of also creating more potentialgaming customers! You can alsogive away any merchandise witheither your bar’s logo.

Now to really get the word outabout your trivia night, it is time toembrace social media! Make sureyou advertise the event on all youractive social media channels(Twitter, Facebook, Instagram,etc.). If your establishment isactive on Facebook, consider cre-ating a Facebook Event for thenight and promoting it. Hopefully,this will give you a good estima-tion of how many of your cus-tomers are interested in attending

the event before it even happens.However, keep in mind that thisnumber is not always indicative of

how many people are actuallyplanning on attending. Need moreinformation on creating Facebookevents?

In addition to social media, tryto promote your trivia eventsthrough more traditional channelsas well. Post fliers around town ortake out an ad in the local paper.Hang posters or signs advertisingthe event in your establishment andon the exterior of the building.Also, have your staff do some in-house promoting by talking up theevent to any patrons who visit inthe days leading up to the event.

Trivia events can be a greatway for bars and restaurants toincrease foot traffic on slow nights.Having a weekly or monthly eventcan help create returning, regularcustomers who can eventually turninto brand evangelists and converttheir friends and families into loyalpatrons as well.

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March 2019Montana Tavern Times – 10

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Montana Tavern Times – 11March 2019

He’s a past ABL vice president andhas served on the ABL executiveboard as an at-large on-premiserepresentative. He will continue onthe board as past president.

“There’s a lot going on(nationally) that affects us,” Morristold the Montana Tavern Timeslate last month. “I think it’s impor-tant that Montana has a voice.”

Besides electing a new presi-dent to succeed Morris, the ABLwill also present Craig Purser,president and CEO of the National

Meetingfrom Page 1

Taking place concurrently withthe American Beverage Licenseemeeting, the Nightclub and BarShow at the Las Vegas ConventionCenter on March 25-27 is thenation’s most influential gatheringof bar and nightlife professionals.

From single-unit bar owners tonational chain operators to theindustry’s largest hospitalitygroups, Nightclub and Bar Showattracts the professionals that workin the bar, restaurant and hospitalityindustry. They come to the showeach year to source thelatest products, learnabout new technolo-gies and developmutually beneficialbusiness relationshipswith the suppliers thatmove the industry.

The event featuresa charity golf tourna-ment at TPC LasVegas, a party atHakkasan nightclubinside MGM GrandHotel and Casino, anddozens of industry-relevant work-shops throughout the week. Someof these workshops include “Teachand Coach Your Staff to BecomeHospitality Heroes,”“Understanding the PsychologyBehind Guest Experience,” and“Brand Creativity and theRelationship to Your Bottom Line.”Others feature experts sharing tipson how to maintain HealthDepartment-approved cleanliness,handling the emerging prevalenceof mobile payments, and how toutilize design and aesthetics toimprove a bar’s viability in today’simage-focused world.

The 2019 keynote speakers are:● Jim Meehan, co-founder of

P.D.T., one of the country’s pio-neering cocktail lounges in its 12thyear of business in New York City'sEast Village, will share how hisleadership approach has evolvedfrom leading by example as one ofAmerica’s best bartenders to moti-vating his colleagues to realizetheir potential during their tenure athis James Beard Award-winningbar.

● Jon Taffer, recognized as aninternational celebrity and entrepre-neur, is known for his revolutionary

television show “BarRescue,” where hetravels around thecountry reviving fail-ing bars and restau-rants along withrepairing the mindsetsof management.Taffer’s keynote willbring his raw andunrelenting advice tothe table as he breaksdown the mindsets thatbusiness owners and

managers use as acrutch.

The convention also featuresshow perks, such as a singles bour-bon-tasting event sponsored by JimBeam, Bar Rescue Happy Hourwith Jon Taffer, free admission tonightclubs Tao and XS and a barwalk at The Park MGM.

The cost of registration is com-plimentary for those who have reg-istered for the ABL meeting, andfor those who wish to attend onlythe Nightclub and Bar show, regis-tration is between $119 to $599,depending on tier.

Potentail attendees can findmore information on registration aswell as the event schedule at ncb-show.com.

Beer Wholesalers Association, withits 2019 Top Shelf award. TheABL Top Shelf Award, the highesthonor presented by America’s beer,wine and spirits retailers, recog-nizes those who have demonstratedprofessional excellence in the bev-erage alcohol industry, and havehad a positive influence in theircommunity. The award will be pre-sented on Monday, March 25, dur-ing the ABL Honors Gala, wherethe Retailer of the Year awards willbe presented, as well.

Attendees can register online atablusa.com. Registration includesautomatic entry into the concurrent2019 Nightclub and Bar Show.

Nightclub & Bar Showhas seminars, parties,‘Bar Rescue’ star

John Taffer

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Montana Tavern Times – 12 March 2019

A-B’s Super Bowl ad stirs up ‘corngate’Liquor Biz

By Paul F. VangAnheuser-Busch InBev spent a

pile of money on commercials forthis year’s otherwise boring SuperBowl.

The ads promoted MichelobUltra, Stella Artois and, of course,Bud Light, continuing on theDilly-Dilly medieval theme.

The Budweiser horses made areturn to the Super Bowl, as ahorse-drawn beer wagon crossed aplain to the music of Bob Dylansinging “Blowing in the Wind.”

The ad that had the biggestimpact was for Bud Light, depict-ing a gigantic wooden barrel ofcorn syrup getting delivered to theBud Light castle, and the kingmaking heroic journeys to deliverit on to Miller Lite and CoorsLight. The message was that BudLight doesn’t use corn syrup inbrewing their suds, using just bar-ley and rice.

Was the ad successful? Fromthe standpoint of whether itincreased Bud Light sales, I haveno idea.

It stirred up controversy, how-ever.

As reported in Ad Age, MillerLite took out a full-page ad in theNew York Times responding to thecommercial, saying, “Sure, we usecorn syrup, but we still tasted bet-ter.” The ad went on to say that,yes, Miller Lite is brewed withcorn syrup, and that corn syrup is anormal part of the brewing processand “does not even end up in yourgreat tasting can of Miller Lite.”The ad notes that the corn syrup isnot high fructose corn syrup.

The ad concluded with a noteof thanks to Bud Light for startingthe conversation and remindingbeer drinkers that Miller Lite hasmore taste than Bud Light withfewer calories and half the carbs.

The ad also started a kerfufflewith the National Corn GrowersAssociation, according to CNNBusiness, forcing AB InBev toscramble to make nice with thenation’s corn farmers, with aspokesman saying, “Last year,Anheuser-Busch purchased morethan 1 billion pounds of corningredients.”

Pete Coors, of MillerCoors,personally delivered a truckload ofMiller Lite and Coors Light to ameeting of the National CornGrowers Association in Denver.Gavin Hattersly, CEO ofMillerCoors, asserted in a messagedirected to distributors, and report-ed by www.businessinsider.com,“Bud Light is starting this fight forone simple reason. They arescared.”

Additionally, Beer BusinessDaily reported that MillerCoorswill pay distributors 2 cents a caseon every case of Coors Light andMiller Lite sold in February andMarch to defray costs of additionalmarketing because of the BudLight commercial.

Beer Business Daily called thead “groundbreaking,” though notin a good way. “One of the firstrules they teach you in marketingschool is you never, ever, underany circumstances, name yourcompetitors when they are smallerthan you. Second, if you do, don’tdisparage them because it makesyou appear to be a bully.”

In the twitter sphere, brewersof Sam Adams tweeted, “No cornsyrup AND no rice.” Sam Adamsis sweetened with barley.

From the craft sector, craft-brewingbusiness.com wrote about“Anheuser-Busch’s questionablebusiness tactics” and recalled thatjust last year A-B’s president andCEO Michel Doukeris complainedto wholesalers that the BrewersAssociation was hurting the beerindustry by dividing craft beer andBig Beer.

Ad Age editorialized on thetopic noting that the spat “rekin-dled the beer marketing wars at a

time when Big Beer keeps losingground to the spirits industry.

Pernod Ricard fights backIn recent months, an American

investment company, ElliotManagement Corp, has been mak-ing moves to boost profits, andposition for a takeover, of Frenchspirits company Pernod Ricard.Pernod is the world’s secondlargest distiller, after British giantDiageo. Chivas Regal Scotchwhisky, Jameson Irish whiskey,and Absolut Vodka are amongPernod’s brands.

As reported in the Wall StreetJournal, Elliot, which operates ahedge fund, and is one of Pernod’slargest investors, argues thatPernod has lost market share inkey areas and “underperformed itspeers.”

Pernod’s chief, AlexandreRicard, a grandson of the compa-ny’s founder and a former MorganStanley banker, became CEO ofPernod in 2015. Ricard asserts thatPernod is going in the right direc-tion, adding, “I’m never satisfiedbut yes I’m happy.”

With a headline asserting thatPernod Ricard is a “French nation-al treasure,” Bloomberg.com sug-gested that Paul Singer, head ofElliot Management, would avoid aserious fight with Pernod manage-ment and would rather settle for “asprucing up of the ancien regimethan a full-flown revolution.”

At press deadline, a new wrin-kle emerged regarding PernodRicard, with a report from theIndependent of Dublin speculatingthat Diageo would join the luxurygroup LVMH Moet HennessyLouis Vuitton for a possibletakeover of Pernod.

Sierra buys brewerSierra Nevada Brewing

Company, the country’s third-largest craft brewer, acquiredSufferfest Beer Company of SanFrancisco, according to a brew-bound.com report.

The acquisition is the first forSierra Nevada, andbrewbound.com reports that theacquisition gives the company atoehold in an “athletic beer,” anemerging segment of the craftbrewing industry.

Sufferfest, a term used todescribe an extended enduranceendeavor, such as a race or hardworkout, began in 2016 as awoman-owned, self-distributed“functional” (whatever that means)beer brand. Sufferfest has directedmarketing towards athletes, aregluten-reduced and made with

ingredients such as bee pollen andsodium. Some of their beer names,such as Shakeout Blonde Ale andTaper IPA, draw inspiration fromthe running world.

Sufferfest will continue tooperate as a separate entity, withhopes that teaming up with SierraNevada will help grow the brand.

Alcohol-free beer?A friend just posted this meme

on Facebook: We have zero toler-ance for racism, turkey bacon,decaf coffee and non-alcoholicbeer.

Still, there is a growingdemand for alcohol-free beer. TheDaily Mail of London reports thatDutch brewer, Heineken, postedstrong sales growth, much of itfrom its non-alcoholic Heinekenbeer. Danish brewer Carlsbergreported a 33 percent jump inalcohol-free beer sales.

In a separate report, busi-nessinsider.com also reportedbooming sales on nonalcoholicbeer and cocktails, with credit toyoung adults who fear losing con-trol after over-imbibing and hav-ing embarrassing photos or videosgetting posted on social media.

At the same time, Webmd.comreports that many consumers areturning to more potent drinks,drinking wine and liquor insteadof beer. Additionally, some peopleare drinking beer, but they’redrinking a brew with higher alco-hol content.

Incidentally, a couple timesover the years, I had to avoid alco-hol while recovering from a med-ical issue and drank an occasionalalcohol-free beer. I don’t recall thebrands, but some European brew-ers know how to make an alcohol-free beer that actually tastesgood – darned good.

Iceberg water stolenFinally, the makers of Iceberg

Vodka, in Newfoundland, are try-ing to figure out how thieves stolesome 30,000 liters of icebergwater from a company warehouse.

According to the Toronto Star,thieves took off with enough waterto fill a tanker car, the equivalentof around 150,000 bottles ofvodka.

Tracking down icebergs andharvesting ice is a small industryon the coast of Newfoundland.Valued for its purity, iceberg wateris used for cosmetics, bottledwater, and beer, in addition tovodka.

Luckily, the heist happened inwinter so crews can make up theloss in this year’s ice harvest.

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Montana Tavern Times – 13March 2019

Wall Street JournalPurchases with credit cards

will cost more for both merchantsand consumers when Visa andMastercard boost certain debit- andcredit-card fees starting in April,the Wall Street Journal reports.

The two biggest U.S. card net-works announced that they’re hik-ing a range of fees that U.S. mer-chants pay to process transactions.Merchants paid an estimated $64billion in Visa and Mastercardinterchange fees last year, accord-ing to the Nilson Report, a pay-ment industry publication. The2018 payment figure is up 12%from a year earlier and up 77%from 2012.

The increased fees that Visawill put in place during the firstfour months of the year are esti-mated to cost U.S. merchants atleast an additional $570 millionthrough April 2020, according toestimates by CMSI, a merchants-payments consulting firm.

Some of the increases relate to“interchange fees,” which mer-chants pay to banks that issue thecards. Others are fees that card net-works charge financial institutionsfor processing card payments onbehalf of merchants.

Currently, 1 percent to 2.5 per-cent of the price for goods andservices go to cover card fees. Toprotect their own profits, mer-

Purchases with plastic getting costlierchants might increase the pricesconsumers pay following such feeincreases.

“Visa’s network fees are paidby our financial institution clientsand used to enhance the safety,efficiency and innovation of ourplatform, and are set based on mar-ket conditions and to reflect thevalue we deliver,” a Visaspokesperson said, adding thatVisa hasn’t increased fees in atleast three years.

In some cases, returned mer-chandise purchased usingMastercard debit cards willbecome more expensive for stores,because in some transactions, mer-chants won’t be reimbursed for theinterchange fee paid on the initialtransaction.

Debit- and credit-card feeshave been a long-running point ofcontention as shoppers move awayfrom cash to cards. Merchants saycard-company charges are exorbi-tant and that there is little they cando in the face of price increases.

Another complaint is that feesaren’t uniform. Some big mer-chants, including Amazon,Walmart and Costco, often paylower fees due to the volume oftransactions they handle. The cardcompanies counter that the con-venience of cards means moresales for merchants than wouldotherwise occur and that expenses

tied to fraudulent card purchasesand other costs must to be covered.

The pushback against card feeshas been particularly pronouncedoutside the U.S. In recent years,interchange fees on debit and cred-it cards that are paid in manyEuropean countries have been low-ered and capped. Visa andMastercard recently reached a pro-posed settlement with EuropeanUnion regulators to lower the inter-change fees that merchants in theregion pay on debit and creditcards issued outside of the area.

Large U.S. merchants, includ-ing Amazon, Target and HomeDepot are pursuing litigation

against Visa, Mastercard and largebanks aimed at eventually loweringthese fees.

In addition to advocating forcongressional and regulatory inter-vention, the National Associationof Convenience Stores (NACS)was a named plaintiff in a classaction lawsuit against the creditcard companies and their issuingbanks on grounds of antitrust vio-lations. NACS successfully advo-cated for the courts to reject theinadequate settlement that wasreached in that case in 2012 andNACS continues to pursue reformthrough litigation. A proposed set-tlement was filed in September 2018.

• Specializing in putting buyers and sellers

together for merger and acquisition of businesses

• Past beer and wine wholesaler in Montana and

Arizona

• 22 years experience in alcohol-related businesses

• Seeking listings in Tavern, Restaurant and

Gaming Industry

“I’m looking forward to meeting many of my old-timefriends and getting to know new acquaintances. If I’mgiven the opportunity to work for you, I don’t believeyou will find anyone who will work harder than I will.”

Buying or selling your business? I can help!

404 N. 31st Street, Suite 205P.O. Box 7225Billings, MT 59103-7225

Cell: 406 425-0180E-mail: [email protected]

DunhamRealEstateServices.com

Dunham Real Estate Services

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March 2019Montana Tavern Times – 14

LICENSES FOR SALE

LICENSES FOR SALE

LICENSES FOR SALE

EQUIPMENT FOR SALE

LICENSE FOR TRADE

Floatable all beverage liquor licensewith gaming. Price negotiable. Call406-789-2208.

BUSINESSES FOR SALE BUSINESSES FOR SALEBUSINESSES FOR SALE

Just $4.50 per line

[email protected]

MTT • Buy • Sell • Trade

DAVE'S 2019 TIPSFOR SELLING YOUR BAR My advice is simple. You’veundoubtedly worked very hardin your bar/restaurant over theyears. Pick someone who worksat least as hard, and totallyunderstands the hospitality busi-ness! Contact me for a free con-sultation, and I’ll explain howI’ll market your property.

Club Bar, Ronan, Mt.PRICE CUT - now $349,000!Knotty Pine, Dillon, Mt.

$389,999!Bozeman Real Estate Group

Dave Everett Realtor®406-600-0647

[email protected]

PRICE REDUCED!All-beverage liquor license withgaming & catering available inGreat Falls, as is entire alcoholinventory. Owner motivated to sell.Call 907-252-6493 or [email protected].

Billing beer and wine license withgaming. – Bob Pulley, broker, 670-7947

Billings all-beverage liquor licensewith gaming. – Bob Pulley, broker, 670-7947

Floatable All-BeverageLiquor License

Gaming included in Havre, MT Call or text for details.

Kacie Mack, RealtorLodestar Land & Home

406-930-2541

CANCEL MY AD!"I sold my poker table and chairs through a classifiedad in the Montana Tavern Times!"– Kurt, MissoulaClassified ad in the MontanaTavern Times workbecause they arehighly read. Need tosell a business? Alicense? Want to raisesome quick cash by selling your used equipment?Try the Tavern Times classifieds. Just ask Kurt.

Classified ads get FAST results!406-491-0100

I currently possess a beer/wine license(with gaming) in Billings, MT. I wantto trade this license (and CASH) for afull liquor license (with gaming) inBillings. Call Dennis at 715-760-1061.

TURN KEY PROFITABLE neigh-borhood business with all equipment &fixtures. Great clientele, pool & dartleagues. Excellent gaming casino withextra serving station just for machines.Kitchen and dining area, lots of stor-age. High traffic count. Great exposure& easy access to the large parking lot.$1,250,000. 18-421. Call Century 21McDonald Realty 406-761-2811.

Floatable all-beverage liquor license with gaming

Current city license in Laurel MT.Negotiable. For information [email protected].

Cart Wheel Casino & Liquor Store – 1900 10th Ave S – Great FallsTurn-key casino & liquor store. Room to expand. High roadway traf-fic – about 40,000 vehicles per day. The growing University ofProvidence is only one block away. Sale includes land, building,

liquor license, FF&E. $1,465,000.

Dawn McKenney, realtor ®Keller Williams Realty406-868-3209

Everything in bar for sale at rea-sonable price. Appliances, fixtures,and furnishings; long front barwith double stainless steel sinks,one single sink and washbowl.Back bar includes under-the-counter shelves with 2 cabinets oneach end. Three coolers: onestanding, one under the counterand one draft cooler. Also one icemachine, two fridges, onemicrowave, two large pizza ovens,glass plates, silverware, bar glass-es and mugs, pool table and sticks,six table and chairs, and six over-the-bar ceiling lights. Call forprice! I'll make you a real bargainif you take it all. Call 406-323-2347.

Beer and wine license for sale.$18,900. MT retail on-premisesconsumption restaurant beer andwine license number 05-601-3995-40. Contact Alice at [email protected] or 406-439-8693.

Restaurant Beer/Wine license inHamilton. Call 406-546-9995.

State of Montana Agency Liquor Store for sale

Store located in a YellowstoneNational Park (YNP) gatewayresort town. YNP had over 4.1million visitors in 2017. ContactJoel Siverman at 406-449-4829 [email protected].

• Specializing in putting buyers and sellers

together for merger and acquisition of businesses

• Past beer and wine wholesaler in Montana and

Arizona

• 22 years experience in alcohol-related businesses

• Seeking listings in Tavern, Restaurant and

Gaming Industry

“I’m looking forward to meeting many of my old-timefriends and getting to know new acquaintances. If I’mgiven the opportunity to work for you, I don’t believeyou will find anyone who will work harder than I will.”

Buying or selling your business? I can help!

404 N. 31st Street, Suite 205P.O. Box 7225Billings, MT 59103-7225

Cell: 406 425-0180E-mail: [email protected]

DunhamRealEstateServices.com

Dunham Real Estate Services

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Montana Tavern Times – 15March 2019

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March 2019Montana Tavern Times – 16