[email protected] 406-494-0100 This publication ... · devices in public spaces,...

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[email protected] 406-494-0100 Vol. 23, Number 2 A Tash Communications Publication January 2018 “Dedicated to Serving the Montana Tavern and Gaming Industries” Montana Tavern Times This publication endorsed by the Montana Tavern Association Cascade Cascade tavern dinner tavern dinner Page 3 Page 3 PRSRT STD U.S. POSTAGE PAID Permit No. 93 Livingston, MT Change service requested: P.O. Box 4307, Butte, MT 59702 The passage of Senate Bill 5 in November's legislative Special Session will have a big impact not only in revenue generated by the state of Montana but for many of the state’s smaller communities that “bump” into their neighboring cities, according to a news release from the Montana Tavern Association. The Belgrade/Bozeman area is one of the best examples of the opportunity created in the Special Session for these communities, the See QUOTA Page 9 By Ed Kemmick for the Montana Tavern Times Despite the objections of tav- ern owners and other small busi- nesses, the Yellowstone County health board adopted a new rule last month prohibiting smoking within 20 feet of public entryways, windows or ventilation systems. The rule takes effect March 1. The rule, adopted Dec. 14 by the RiverStone Board of Health, also prohibits the indoor use of e- cigarettes and other vaping devices in public spaces, basically bringing them under the same rules as traditional forms of smok- ing. John Felton, president and CEO of RiverStone Health, the Yellowstone County public health agency, said that other jurisdic- tions in Montana have made rules regarding e-cigarettes, but that Yellowstone County is the first to require people smoking outside to be a specific distance from doors and other openings. The new Rule 7, as it is known, is an extension of the Montana Clean Indoor Air Act, By Paul Tash Montana Tavern Times Though a county health board in Billings has approved a controversial rule to prohibit smoking within 20 feet of public entryways, windows or venti- lation systems, state and local tavern associations are working to snuff out the new law. The law is scheduled to take effect March 1. "The Montana Tavern Association is working with the local Yellowstone County Tavern Association to address what we think is an over-reach," said John Iverson, lobbyist and government affairs counsel for the MTA. The RiverStone Board of Health, Yellowstone County's public health governing body, adopted Rule 7 on Dec. 14 as an extension of the Montana Clean Indoor Air Act, which banned indoor smoking in pub- Billings adopts smoking rule Tavern groups working to stop implementation See RULE Page 6 See SNUFF Page 7 JIM GRUBBS, right, discusses Rule 7 implica- tions with fellow tavern owners Jason Grubbs, left, and Larry Davidson after the RiverStone Board of Health adopted the smoking restrictions. Ed Kemmick photo MTA said, because SB 5 changes the way licenses are awarded when a population increase in a quota area is enough to warrant additional active licenses. “The population-based quota system works to balance what our communities look like for drinkers and non-drinkers alike,” said MTA President Dax Cetraro. “The changes made during the recent special session are one more example of how the alcohol license system adjusts over time to a growing and evolving Montana.” Belgrade will see a projected 65 percent increase in on-premise alcohol outlets over the next four years. Currently in the Belgrade there are: • Nine all-beverage licenses; • Five beer-and-wine licenses; • Two restaurant beer-and-wine licenses; • One brewery sample room license. The state's Legislative Fiscal Division estimates that several new MTA-opposed rule calls for 20-foot setback New quota law creates opportunity for several areas

Transcript of [email protected] 406-494-0100 This publication ... · devices in public spaces,...

Page 1: paul@tashcommunications.com 406-494-0100 This publication ... · devices in public spaces, basically bringing them under the same rules as traditional forms of smok-ing. John Felton,

[email protected] 406-494-0100

Vol. 23, Number 2 A Tash Communications Publication January 2018

“Dedicated to Serving the Montana Tavern and Gaming Industries”

MontanaTavern Times This publicationendorsed by theMontana Tavern Association

CascadeCascadetavern dinnertavern dinner

–– Page 3Page 3

PRSRT STDU.S. POSTAGE

P A I DPermit No. 93Livingston, MT

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

The passage of Senate Bill 5 inNovember's legislative SpecialSession will have a big impact notonly in revenue generated by thestate of Montana but for many ofthe state’s smaller communitiesthat “bump” into their neighboring

cities, according to a news releasefrom the Montana TavernAssociation.

The Belgrade/Bozeman area isone of the best examples of theopportunity created in the SpecialSession for these communities, the

See QUOTA Page 9

By Ed Kemmickfor the Montana Tavern TimesDespite the objections of tav-

ern owners and other small busi-nesses, the Yellowstone Countyhealth board adopted a new rulelast month prohibiting smokingwithin 20 feet of public entryways,windows or ventilation systems.The rule takes effect March 1.

The rule, adopted Dec. 14 bythe RiverStone Board of Health,also prohibits the indoor use of e-cigarettes and other vapingdevices in public spaces, basicallybringing them under the samerules as traditional forms of smok-ing.

John Felton, president andCEO of RiverStone Health, theYellowstone County public healthagency, said that other jurisdic-tions in Montana have made rulesregarding e-cigarettes, but thatYellowstone County is the first torequire people smoking outside tobe a specific distance from doorsand other openings.

The new Rule 7, as it isknown, is an extension of theMontana Clean Indoor Air Act,

By Paul TashMontana Tavern Times

Though a county health board in Billings hasapproved a controversial rule to prohibit smokingwithin 20 feet of public entryways, windows or venti-lation systems, state and local tavern associations areworking to snuff out the new law.

The law is scheduled to take effect March 1."The Montana Tavern Association is working with

the local Yellowstone County Tavern Association toaddress what we think is an over-reach," said JohnIverson, lobbyist and government affairs counsel forthe MTA.

The RiverStone Board of Health, YellowstoneCounty's public health governing body, adopted Rule 7on Dec. 14 as an extension of the Montana CleanIndoor Air Act, which banned indoor smoking in pub-

Billings adopts smoking rule

Tavern groups working to stop implementation

See RULE Page 6 See SNUFF Page 7

JIM GRUBBS, right, discusses Rule 7 implica-tions with fellow tavern owners Jason Grubbs,

left, and Larry Davidson after the RiverStoneBoard of Health adopted the smoking restrictions.

Ed Kemmick photo

MTA said, because SB 5 changesthe way licenses are awardedwhen a population increase in aquota area is enough to warrantadditional active licenses.

“The population-based quotasystem works to balance what ourcommunities look like for drinkersand non-drinkers alike,” said MTAPresident Dax Cetraro. “Thechanges made during the recentspecial session are one moreexample of how the alcohollicense system adjusts over time toa growing and evolving Montana.”

Belgrade will see a projected65 percent increase in on-premisealcohol outlets over the next fouryears. Currently in the Belgradethere are:

• Nine all-beverage licenses;• Five beer-and-wine licenses;• Two restaurant beer-and-wine

licenses;• One brewery sample room

license.The state's Legislative Fiscal

Division estimates that several new

MTA-opposedrule calls for

20-foot setback

New quota law creates opportunity for several areas

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Montana Tavern Times – 2 January 2018

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Montana Tavern Times – 3January 2018

THE CASCADE COUNTY TavernAssociation had plenty of activitiesavailable at its charity dinner Dec. 6in Great Falls. At left, Lexi and ZachJones from The Do Bar discussstrategy at the silent auction. Below,Sean Brown from Kohoutek's Liquorand Leeann Schmidt from theFlamingo agree to split the pot inthe 12-seat fundraiser.

AT LEFT, DJ Flatness from Golden RouteOperations of Montana discusses the compa-ny’s new Montana Gold game with JacqueHolly from the Black Eagles Country Club.Below left, Sean Gasvoda from the BeaconIce House takes aim with a roll of toiletpaper, hoping to toss it into a toilet target.Below, Jim Noble accepts his DistinquishedService Award.

Paul Tash photos

Cascade TA packs ‘em in for charity By Paul Tash

Montana Tavern TimesCascade County Tavern

Association proved once again lastmonth that it's serious about havingfun and raising money for localcharities.

The organization drew anotherhuge crowd for its 47th annualCharity Dinner Dec. 6 in the beau-tifully decorated Great Falls CivicCenter. Besides attracting many ofthe area’s tavern owners, the eventalso attracts local legislators, citycommissioners, and other city offi-cials.

John Hayes, executive secre-tary of the Cascade County TavernAssociation, told the crowd thelocal association remains dedicatedto supporting the Great Falls com-munity. The group is especiallyproud of its support of the county’sHome Safe program, which pro-vides a free ride home for tavernpatrons too intoxicated to drive.

Emcee KeithTeske, station man-ager for KFBB inGreat Falls, thankedthe tavern ownersfor being "thelifeblood of ourcommunity." JimNoble, owner of theNoble WestsideLiquor Store, washonored with theCCTA'sDistinguishedService Award forall he has done forthe association overthe years.

The dinner’sproceedings opened at 6 p.m. witha cocktail hour. The buffet dinner,catered again by the Cattleman’sCut, followed at 7:30, and featuredprime rib, seasoned green beans,shrimp, and roasted red potatoeswith rosemary herbs and garlic.

Games were played all night,including several renditions of thealways popular heads-or-tailsgame. Attendees have severalchances to win prizes, including a.357 pistol, restaurant package anda jewelry package. In addition,several raffles for hard cash wereheld throughout the night.

Party-goers also bid on a splen-did array of fine merchandise in asilent auction.

The evening also featured thetraditional 12-seat fundraiser afterdinner, which offered a $2,500 firstprize. Those who had purchaseddinner tickets were entered into adrawing for seats. Fifteen ticketswere then drawn for each of 10seats at the head table, with one ofthe 15 picked to take possession ofthe seat and remain in the running

to win. Another seat winner isdrawn from "last chance" tickets,which were sold for $10. The final12th seat was auctioned.

The 12 seats were filled byKohoutek's State Liquor Store,Borries, Century Gaming (twoseats), Stockman Bank, Howard'sPizza, Black Eagle Country Club,

Prairie Mountain Bank, Cowboy'sBar, Holiday Inn Bar and Casino,Black Eagle Brewery (last chancewinner), and the Flamingo (auctionwinner).

Leeann Schmidt from theFlamingo and Sean Brown fromKohoutek's Liquor were the lastsurvivors and agreed to split the

top two prizes – $2,500 and$1,500, taking home $2,000 each.Third place and $1,000 went to theHoliday Inn Bar and Casino.

In addition to funding theHome Safe program, dinner pro-ceeds support dozens of worthycharities in the Great Falls area,primarily those involving children.

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By Denise BrunettLiquor Control DivisionIf you have an alcoholic bev-

erage license and find yourselfin a situation where you can nolonger operate your business asa “going establishment,” youmay want to consider placing thelicense on non-use status. To qualify as a going estab-

lishment, your business needs tobe open 20 hours each week fora 90-day period, maintain inven-tory of 10 cases of alcoholicbeverages for each day theestablishment is open, and sellno less than $50 of alcoholicbeverages each week. A retail license isexempt from the going establishment crite-ria if it has been approved to operate onseasonal status. The non-use status allows a licensee up

to one year to pause operation. TheMontana Department of Revenue will needto approve a written non-use request fromyou that details your reason for non-use.The department must receive your writtenrequest within 90 days of ceasing use of thealcoholic beverage license. If your licensedestablishment has video gamblingmachines and the alcoholic beveragelicense is put on non-use, you must removethe machines immediately.

The non-use form can be found athttp://revenue.mt.gov/home/liquor/forms orfill it out on the department’s onlineTransActionPortal, or TAP at tap.dor.mt.gov.When you restart your business, you needto notify the department in writing by usingthe non-use form to resume operations.Restrictions prohibit a licensee from

requesting a second period of non-use with-in six months of being on non-use, unlessthe licensee demonstrates effects ofadverse economic conditions or sale of thelicense. Please be sure to notify the depart-ment if you have made changes in floorplan or location. Licensees remodeling thelicensed premises will need to complete an

alteration form and note if thelicense will need to be on non-use while the alteration takesplace. If so, a non-use form willneed to accompany the alter-ation request. The department will issue a

notice of lapse if the licenseefails to operate a going estab-lishment for 90 days or does notuse the license for a year. Thenotice of lapse allows for appealor informal resolution. Negoti-ations typically result in a settle-ment agreement with terms thatindicate what the licensee isrequired to do within a time-

frame. We appreciate your understandingthat it may take some time to resolve opencases or matters.You can query if a license is on non-use

at https://tap.dor.mt.gov/_/#1. Choose“Search for a liquor license” and enter acity, county, license type or number to nar-row your search.I welcome any questions or concerns

you may have.

Denise Brunett is Liquor License BureauChief for the Liquor Control Division of theMontana Department of Revenue. You canreach her at (406) 444-0711 or [email protected].

January 2018Montana Tavern Times – 4

Opinion/EditorialTavernTimes

— UPCOMING EVENTS —Jan. 23 Gallatin Co. LBA dinner, Holiday Inn, BozemanFeb. 12 Hi-Line Tavern Assoc. dinner, Duck Inn, Havre

— STANDING DATES —2nd Tues. of month Carbon/Stillwater TA 328-48071st & 3rd Wed. month Cascade Co. TA 453-9567

Second Mon. of month Central Montana TA 366-9633 Quarterly (call) Flathead Co. TA 270-8069

1st Thurs. of month Hi-Line TA 265-95512nd Wed. of month North Lake Co. TA 844-33722nd Wed. of month Lincoln Co. TA 293-44932nd Tues. of month Miles City TA 234-31641st Tues. of quarter Missoula Co. TA 728-00303rd Thurs. of month Park County TA 222-0665Last Tues. of month Ravalli Co. TA 821-18532nd Thurs of month Richland Co. TA 433-43542nd Thur. of month Sheridan-Richland-Daniels 474-23582nd Wed. of month Silver Bow TA 494-6062Last Wed. of month Southwest Montana TA 835-21501st Mon. of month Toole Co. TA 434-24422nd Tues. of month Tri-County LBA 475-31251st 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. The wordlimit is 300. Mail to Montana Tavern Times, P.O. Box 4307,Butte MT 59702, or email us at [email protected] Times reserves the right not to print letters it finds objec-tionable.

The departmentmust receive

your written requestwithin 90 days ofceasing use of thealcoholic beveragelicense.

Denise Brunett

Non-use status can benefit licensee

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Montana Tavern Times – 5January 2018

Opinion/EditorialTavernTimes

By Anne GerkenCommunications SpecialistGambling Control DivisionIt’s no secret that tax sea-

son is more dreaded than theholidays. Paying a 10 percentlate penalty beats out airlinetravel, shopping traffic, andovereating combined. Video Gambling Machine

(VGM) tax season occupies thethoughts of at least 45 VGM-owning vendors and 200 loca-tions across the state. Now isthe time to take a walk throughthe reporting systems availablewithin the TAP Portal to makeboth reporting and payments asuccessful business for ourlicensees and vendors.Success in business means

accuracy, and getting an inac-curate estimate for tax pay-ments can slow down even themost lucrative of enterprises.Tax estimates are based onmeter readings. Whether meterreadings are biweekly or week-ly, no tax estimate can be accu-rate without accurate meterreadings. All end-of-quartermeter readings require bothmechanical and electronicmeter readings to be submitted. By marking the quarter-end

box, confusion can be eliminat-ed, and systems process moreefficiently. Mislabeled or inaccu-rate VGM meter readings cre-

ate chaos; when reporting isdone properly, service is seam-less. Timely meter readings arealso a must – no later than Jan.7 by 5 p.m.Depending on terms of cer-

tain agreements, most of thetime only licensees who owntheir own VGMs and routeoperators need to pay theirVGM taxes on TAP. If a licens-ee leases machines, typicallythey collaborate with their ven-dor, who pays VGM taxesonline with TAP. To pay a tax estimate, a

licensee must find it first. Sadly,it will not appear in red flashinglights on the TAP homepage.(Penalties and overdue pay-

ment notices do appear in red,making them obvious and easi-ly accessible.) Because tax estimates are

forecasted and exist as a futureestimated payment instead of a

balance (past due or other-wise), they are not immediatelyshown on a homepage like abill. To locate their estimates,users need to familiarize them-selves with system’s preset,unchangeable organization. Locating a tax estimate

involves two steps once anaccount holder is signed intoTAP. Toward the bottom of thepage under the My Accountscolumn, first click VGM Accountand once the page is available,

click VGM Tax Estimate underthe Account Options column inthe upper right-hand corner ofyour screen, et voila.Taxes are a certainty, but

often people feel uncertainabout whether their paymentwas actually processed. All pay-ments take a good four or fivedays to post, but as long asyou’ve received a confirmationnumber, they will be posted.Avoid making a duplicate pay-ment and trust that if there is aconfirmation number, the pay-ment will be reflected on a TAPaccount (in 4-5 days). When indoubt, call the Division at 406-444-1971 for a quick verificationthat your payment was made. Stressful deadlines and sea-

sonal taxes can be more easilynavigated through the familiar-ization of the online portal, TAP.Accurate meter readings needto be marked as end-of-the-quarter, and entered by Jan. 7.So ring-in 2018 in a state ofenlightenment and start yourNew Year right with timely andaccurate reporting.

Anne Gerken is theCommunications Specialist forthe Gambling Control Divisionof the Department of Justice.You can reach her at (406) 444-9137 or [email protected].

Timely meterreadings are

also a must - nolater than Jan. 7by 5 p.m.

Anne Gerken

Licensees can make VGM tax payments online

By Margaret HerrigesMTA Executive DirectorIt’s been said that singing is

like praying twice, but no oneexpects hymns to be sung in abar. Yet that’s exactly what hap-pened at the Stockman inHarlowtown on Oct. 29. It started when a woman

from the communityapproached bar owners Harryand Sharyn Klock with the idea.“She had heard about

something similar happening inBillings years ago and alwaysthought it would be a fun idea,so she asked us and wethought what the heck, let’s doit,” Harry said.So the local churches were

all invited and a notice was putin the Times-Clarion, the localnewspaper. “The lady who planned it

Harlowtown tavern hosts hymn nightwas so nervous,” Harry saidwith a chuckle. “Her sisterwarned her not to be too disap-

pointed if no one showed up.” But people did show up.“We set up a couple of key-

boards in the back of the bar,and we had to pull the pooltable out of the way to make

more room for folks. We evenhad people come from the sur-rounding communities. There

were more than 50 people whocame to a bar to sing hymns.”Some out-of-state hunters

who make annual hunts inMontana this time of yearwalked in during the middle ofa hymn, Harry said. “And their eyes got big as

saucers. They said later theythought I’d gone over to thedark side!”The owners put out free hot

dogs for everyone to enjoy, andfolks ordered drinks and sodasthroughout the event. “It was a lot of fun,” Harry

said. “Sharyn and I reallyenjoyed it. We had some regu-lars, but we also had a lot ofpeople who never come in tothe bar. We hope it becomesan annual event here inHarlowtown.”

It was a lot offun. ... We hope

it becomes anannual event herein Harlowtown.

Margaret Herriges

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January 2018Montana Tavern Times - 6

Rulefrom Page 1

which banned indoor smoking inpublic places statewide. TheMontana Tavern Association andthe local Yellowstone CountyTavern Association opposed thenew Billings regulation. The newrule, as originally drafted, wouldhave required a setback of 30 feet,but after the board adopted therule, board member Diane Duinmoved to reduce the separation to20 feet, and the motion passed.

Another board member, JohnHedge, said the rule seemed to beunfair because it penalized sometavern owners, particularly thosedowntown, who might not be ableto accommodate smokers at all.

“You’d have to put the shack

in the middle of the street,” hesaid.

A public hearing preceding thevote on Dec. 14 was held toaddress a change in the originallyproposed Rule 7 that added respon-sibility, and a penalty, to smokersviolating the proposed regulation.Comment at the Dec. 14 hearingwas restricted to the smoker-responsibility change.

A dozen or more tavern ownersattended the hearing, but only aBillings attorney representing thelocal tavern group spoke, sayingthe rule would be virtually unen-forceable. Many tavern owners,however, had previously aired theiropposition to Rule 7 at RiverStoneBoard of Health hearings in Juneand July. Neither the change topenalize smokers nor reducing thesetback to 20 feet addresses themany concerns tavern owners and

other small business owners inBillings and across the state havewith Rule 7.

After the Dec. 14 meeting, tav-ern owners congregated in thehallway and lobby outside thehearing room in RiverStone’s LilAnderson Center and vented aboutwhat they consider an unfair law.They said it penalizes businessowners who’ve already shownthey can comply with clean indoorair regulations, and many of whomhave built “smoke shacks” outsidetheir bars.

Larry Davidson, who owns theCrystal lounge at the corner ofNorth Broadway and First AvenueNorth, said the new rule “is almosttaking me to a no-smoking situa-tion.”

The new rule also establishespenalties for individuals who vio-late the rule and requires propertyowners or managers to inform vio-lators of the rule, or to “file a com-plaint against the person(s) in vio-lation of the Rule.”

“I’m confused as to who’sgoing to enforce it and how it’sgoing to be enforced,” Davidsonsaid. “Are we meant to apprehendand hold and wait for the police?”

Davidson said he doesn’tunderstand how he can enforce alaw on public property, in his casea sidewalk, and he wonders whathe’s supposed to do if a transient,for instance, happens to be smok-ing on the sidewalk outside his bar.

Jim Grubbs, the owner of Club90 on Grand Avenue, said hissmoke shack is on the north sideof his tavern, and smokers therewill have nowhere to go but into

his unpaved parking lot.“They’d be out in the mud and

the snow,” he said.Felton, the RiverStone Health

CEO, said many other places inthe United States have adoptedsimilar setbacks, and “I haven’theard of any sort of significantenforcement risk.”

By law, complaints would gofirst to RiverStone Health, whichhas two tobacco enforcement spe-cialists, and the YellowstoneCounty Attorney’s Office would beasked to intercede and file chargesonly if there were multiple com-plaints over time, Felton said.

If a complaint were filedagainst at individual violator,Felton said, the tobacco enforce-ment specialists could try to talk tothat person, but if he or she wasalready gone, they could talk to theproperty owner about the situation.

Even then, he said, theapproach would be to look forsigns explaining the rule – whichwill be provided by RiverStone –see where ashtrays and butt recep-tacles are placed and make surethe owner understands the law.

“It’s a very educationalprocess,” he said.

Felton told the board earlierthat public health officials alwaysaim to bring about big changes inpeople’s habits by pursuing incre-mental adjustments, “by changingthe context of normal.”

After the meeting, he elaborat-ed somewhat, saying peopleinvolved in public health alwaysask themselves, “What can you doto make the healthy choice theeasy choice?”

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Montana Tavern Times – 7January 2018

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JOHN HEDGE and Diane Duin, members of theRiverStone Board of Health, listen to discussionon Rule 7 Dec. 14 in Billings. Hedge questioned

the fairness of the smoking restriction, while Duinmade the motion to reduce the setback for smok-ers to 20 feet from the 30 feet intially proposed.

Ed Kemmick photo

lic places statewide. The MTA,local tavern owners and othersmall business owners hadopposed the new Billings regula-tion. They say the rule penalizesbusiness owners who’ve alreadycomplied with clean indoor airregulations.

Rule 7 will hurt local business-es and require impossible compli-ance, tavern owners testified athearings last summer. The ruledoesn't address the fact that a 20-foot setback doesn't even exist formany businesses, eliminatingspace to smoke, which is a legalactivity.

In addition, the approved rulestill carries penalties for businessowners who are found in violationof the rule, which forces them tobecome law enforcers for actionsoutside their establishments, theyargue. Additionally, they say therule puts smoking patrons at risk,forcing them out of lighted andsafe areas in search of places tosmoke.

The Yellowstone CountyTavern Association, with supportfrom the state MTA office, hirednew legal counsel following theDec. 14 RiverStone meeting, saidCorey Welter, president of thelocal association. The new counselhas sent a letter to the YellowstoneCounty attorney, questioning theRiverStone decision on a varietyof fronts, including whether theboard itself has been set up proper-ly, whether the board violatedopen-meeting laws, and whetherthe board took into account publicinput on the matter.

"Only one person offered pub-lic comment in favor of the rule,"Welter said. "Well over a thousand

provided public comment againstthe rule."

In introducing the Rule 7 pro-posal in June, RiverStoneChairman Michael Dennis said thatthe Board of Health establishesrules and regulations pursuant toTitle 50-2-116 of Montana CodeAnnotated 2015, which provideslocal health departments with theauthority to establish rules and reg-ulations relating to the protectionand preservation of public health.

In response to the rule's initialproposal, Grubbs gathered over1,100 signatures in about two daysfor a petition requesting the healthboard reject the rule, and the peti-tion was turned in as part of thepublic comment.

The letter is the first step in agrowing effort to get the rule over-turned, Welter said, with "legalaction" a possibility.

"We need to head this off at the

pass before it goes into law."Tavern owners across the state,

Welter added, need to unite to fightthe Billings rule.

"We've got to get everybody in

our business on board to fightthis," he said. "It's not just aYellowstone County issue. If itremains in effect here, it'll gocounty by county across the state."

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January 2018Montana Tavern Times – 8

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Montana Tavern Times – 9January 2018

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licenses will become available dueto the passage of SB 5 during the2017 special session and becauseof the population growth in thearea. The division predicts that,over the next four years the follow-ing licenses will become available:

• Three new all-beveragelicenses;

• Four new beer-and-winelicenses;

• Four new restaurant beer-and-wine licenses.

“I carried a similar bill duringthe 2017 regular session to helpout the community of Belgrade andits small businesses, that did notget across the finish line,” Rep.Bruce Grubbs R-Bozeman. “Whenthe opportunity came up during the2017 special session, I jumped atthe opportunity to sponsor this billin the House of Representatives.”

This growth won’t happenovernight, the MTA said. SB 5allows up to three additionallicenses per year – one each of all-

Montana's Legislative Fiscal Division antici-pates that three all-beverage licenses, one beer-and-wine license and one restaurant beer-and-winelicense will enter the Columbia Falls area marketover the next four years, due to the passage ofSenate Bill 5 in last November's Special Session.

These will all be available licenses, a 23 per-cent increase in the total number of establishmentsthat can serve alcohol. Currently in the ColumbiaFalls area there are:

• Eight all-beverage licenses;

• Seven beer-and-wine licenses;• Four restaurant beer-and-wine licenses;• One brewery sample room license;• One fraternal License;• One golf course license.These 22 on-premise alcohol licenses equate to

one location per 238 citizens, a number whichincludes children and the roughly 30 percent of thepopulation that choose not to consume alcohol.But SB 5 increases that number based on thegrowing population in the Columbia Falls area.

The Montana Department ofRevenue plans to launch its newwebsite on Tuesday, Jan. 16. Theweb address, revenue.mt.gov,remains the same.

Site visitors will find a "morestreamlined and user-friendly expe-rience," and "enhanced navigationwill help you find what you’relooking for," the DOR said in anews release.

Those who have bookmarkedlinks within the current DOR web-site will need to update them afterthe new website goes live. AfterJan. 16, the old links will no longerwork. Go to revenue.mt.gov onJan. 16 to update bookmarks.

For questions about the newwebsite, call (406) 444-6900.

"We hope you find our newwebsite easier to use and bettersuited for your needs," the DORsaid.

beverage, beer-and-wine andrestaurant beer-and-wine. Andwhile some people fear an increasein casinos, none of the new licens-es will have gaming attached tothem, so they are more likely to goto new and existing restaurants.The hope is this will encouragemore restaurants and bars to thrivein the local community, the MTAsaid.

“I would like to thank theMontana Tavern Association, Rep.Bruce Grubbs and Sen. GordieVance for their efforts with Senate

Bill 5 during the recent special ses-sion," said Belgrade Mayor RussNelson. "This legislation willredraw the line between communi-ties that, today, are within fivemiles of each other. Belgrade willnow have a quota system based onits own population.”

It’s a great example of peoplecoming together to create a work-ing solution, the release said.

“SB 5 brought together a cross-section of Montanans, to resolvethe issue created by communitiesbeing combined due to their prox-

Columbia Falls area will also benefit

imity, as well as raise needed rev-enue for the state,” said Sen. SteveFitzpatrick, R-Great Falls. “Liquorlicenses are a private property rightin Montana, so any changes madeto the system must take that intoconsideration.”

Other areas around the statethat will feel this impact includeColumbia Falls and Kalispell,Helena and East Helena, RedLodge and Bear Creek, Hamiltonand Pinesdale, and Eureka andRexford.

SB 5 became effective Nov. 24.

DOR to unveilnew websiteTues., Jan. 16

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Help for the helpers

January 2018Montana Tavern Times – 10

THE CENTRAL MONTANA Tavern Association presentedchecks to area Emergency Medical Service departments Dec. 11in Lewistown, donating $11,684 to help with a variety of needs.Recipients included (from left) Suzanne Aune of Judith Basin

Ambulance, Bernard and Martie Taylor of Hobson Ambulance,Leslie Iverson of Petroleum Co. Ambulance, Larry Berg ofWheatland County, Clayton Annala of Geyser Fire/Ambulanceand Don Obie of Winifred Rural Fire/Ambulance.

Charlie Denison photo

By Lisa Scates, DORAlcohol Education CoordinatorWith the New Year comes the

need for updated signage and edu-cation materials. Did you knowyou can order all this FREE ofcharge, and find other usefulresources, at www.AlcoholServerTraining.mt.gov?

• To order education materials:click on the ‘Order EducationMaterials’ tab. Just choose youritems, add to your shopping cart,check out and place your order.

• To verify server training:click on the ‘Training Verification’tab. Enter their first and last nameand their date of birth and clicksearch.

• To look for scheduled Let’sControl It server training classes:click on the ‘Calendar for StateClasses’ tab. You can search bycity, county or month.

• To find a state trainer in yourarea: click on the ‘State CertifiedTrainers’ tab. Just enter the countyand click filter.

• To find other state approvedtraining providers: click on the‘Approved Training Providers’ tab.Just choose a company and clickon their website address in theright-hand column.

Please feel free to call me at(406) 444-4307 if you have anyquestions.

Server trainingmaterial onlineat no charge

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Montana Tavern Times – 11January 2018

Location: Holiday Inn, 5 E. Baxter Lane, BozemanTickets: $150 couple

Cocktails: 6 PM Dinner: 7 PM

Cash drawings,Liquor basket giveaways, live auction, lots of prizes,

fun and games.For tickets or information contact:

Ralph Ferraro @ 570-6632 or [email protected]

Gallatin Co.LicensedBeverage

Association

Gala Annual Charity Banquet

— Tuesday, January 23rd —

Enjoy a fine sit-down dinner!

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Montana Tavern Times – 12 January 2018

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Montana Tavern Times – 13January 2018

Cold weather can’t keep brews out of newsLiquor Biz

By Paul F. VangLots of beer news this month,

even if these cold, dark wintermonths aren’t exactly prime timefor beer, though with bowl games,NFL playoffs, and the Super Bowlnext month, chances are people aredrinking a lot of beer, even if it’scold outside.

6,000 U.S. breweriesBelieve it or not, there are now

around 6,000 breweries operatingin the U.S., according to an articlein Brewbound.

Based on information suppliedby the Brewers Association, anindustry trade group, 98 percent ofthose breweries are consideredsmall and independent, and accord-ing to Bart Watson, an economistfor the Association, 83 percent ofAmerica’s population lives within10 miles of a local brewery.

Currently, craft breweries areresponsible for 49,308 full timejobs with an average annual salaryof $55,000.

While the numbers of brew-eries are at an all-time high, theoverall growth of the craft segmenthas slowed to the single digits, andsome craft brewers are failing,including Rubicon Brewing ofSacramento, CA, which closedafter 30 years in operation.

In addition, some craft brewerscontinue to get bought out by larg-er companies. For example,Sapporo Holdings of Japan boughtAnchor Brewing of San Francisco.

Naturally, any discussion ofbeer has to include the elephant inthe room, Anheuser-Busch InBev,the world’s larges brewing compa-ny. BeverageDaily.com reported onefforts by High End division of ABInBev, to build sales. High Endmanages AB InBev’s portfolio offormerly independent craft brew-eries and imports.

Using the theme, “Elevate,”High End is looking to increasesales and to “close the gap withwine and spirits.” In addition thecompany is planning to installsolar panels at all of their craftbreweries, and make a transition to100 percent solar and wind renew-able electricity by 2020. They’regoing to make investment in com-munity projects chosen by theircraft brewers. They’re also goingto be using beer and food pairingsto create a “more sophisticated per-ception of beer.”

Incidentally, Business Insiderreports that Felipe Szpigel, ABInBev’s head of High End, saysthat he doesn’t see craft beer as acompetitor to the major brewers.Instead, big beer’s real competition

is wine and spirits, especiallyamong younger drinkers, who alsoare drinking less alcohol than oldergenerations.

Chinese tops in beerAt one time, the United States,

Great Britain, and Germany werethe biggest beer-consuming mar-kets in the world. Fifty years ago,these three countries consumed 50percent of the world’s beer produc-tion.

According to a report inQuartz, an on-line business andeconomics news provider, thedominance of these three countrieshas changed. Over the last decadeChina has surpassed the UnitedStates as the single largest beermarket. Russia overtook Germanyand Brazil surpassed Great Britain.We’ll note that CNBC reports thatAB InBev has just opened a newbrewery in China, with a capacityof making 1.5 million tons of beerper year.

These changes suggest majorchanges in global beer markets.Studies indicate that beer con-sumption in the UK and Germanypeaked somewhere around 1980.In the United States beer consump-tion hasn’t declined, though percapita consumption has declined.

It also seems that in traditionalbeer-drinking countries, such asIreland and Germany, as peopleincrease in average wealth, theytend to start drinking more exoticbeverages, such as wine and spir-its. On the other hand, countriesthat were better known for wineand spirits, such as France, Italy,and Russia, are now seeing anincrease in beer consumption.

The article concludes that thereis a “global convergence of tastes”that is changing traditional alcoholconsumption patterns. Further,these changes are changing distri-bution patterns. For example, inBelgium, beer consumption hasdeclined, but production is increas-ing to meet the demand for beer inwhat had been traditionally wineand spirits countries.

Cuervo buys PendletonBecle, the Mexican company

that owns the Jose Cuervo brand oftequila announced the purchase ofthe Pendleton Whisky brand fromHood River Distillers of Oregon,according to the East Oregonian ofPendleton, OR.

The Pendleton brand waslaunched in 2003, and has devel-oped a big following through itspromotions with rodeos. Thewhisky is distilled in Canada andblended and bottled in Oregon.

Mark Teasdale, CEO ofProximo, the American subsidiaryof Becle, said that Pendletonwould fill “an important strategicposition in our portfolio. Weexpect to build on the remarkablesuccess of Pendleton using ourresources as a full-service globalspirits company.”

Ronald Dodge, CEO of HoodRiver Distillers, commented, “Thisis a tremendous opportunity for thebrand. Proximo has the resources,the market reach and the commit-ment to turn our dreams for thePendleton brand into reality.”

Beer with pizza deliveryMost of us probably like beer

or wine to go with pizza.That pairing is taking another

step in certain cities, as Pizza Hutwill start delivering beer and winealong with that pizza, according toa CNN report.

The service will debut inPhoenix, and its beer deliverywould be six-packs of AB InBevbrands, such as Budweiser andBud Light, and Kilt Lifter, pro-duced by Arizona craft brewerFour Peaks.

This is part of several initia-tives of Pizza Hut to shore upsales. In October announced a newdelivery system that would keepthe pizza hotter, as well as earlierplans to hire some 14,000 addition-al drivers.

This would give Pizza Hut acompetitive advantage over com-petitors such as Papa John’s andDomino’s, that offer just water andsoft drinks with home deliveries.

Drivers delivering beer and

wine with pizza must be at least 21years old, and customers will haveto show their IDs at the door.

Craft wins in tax billThere are lots of winners and

losers in the Republican tax billCongress expected to be passed byChristmas.

According to the WashingtonExaminer, craft brewers, distillersand wineries got a cut in excisetaxes for two years. Sen. RonWyden (D-OR) introduced thisprovision as an amendment to theoriginal bill, and it survived to bepart of the final bill.

‘Dilly dilly’ protectedYou’ve probably seen TV com-

mercials for AB InBev’s BudLight, featuring a medieval theme,with characters saying, for noapparent good reason, “Dilly,dilly.” I don’t know if it sells beeror not, but AB InBev did copyrightthe catch phrase.

Modist Brewing, a craft brewerin Minneapolis, came up with theirown Dilly Dilly, an IPA brewedwith a “dilly” of oats, Englishmalted barley, and suggesting “adilly of a good time.”

This did not escape the atten-tion of AB InBev, and they servedthe Minneapolis brewery with a“cease and desist” order. But,according to Food & Drink, theydid it with style. The order waswritten on parchment paper, deliv-ered by an actor dressed as amedieval town crier, read aloud tothe brewers, but also allowingModist to sell their version of DillyDilly until it was gone, plus gavethem two tickets to the SuperBowl, that will be played inMinneapolis in February.

A video of the delivery of theorder is at the Facebook page ofModist Brewing.

Happy New YearI hope you’ve enjoyed this first

Liquor Biz column for 2018. We atthe Tavern Times look forward toanother year of sharing news, views,and information to our readers inMontana’s hospitality industry.

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Montana Tavern Times – 14 January 2018

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Montana Tavern Times – 15January 2018

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January 2018Montana Tavern Times – 16

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

Marissa Ross, Bon AppetitWe did it! We made it through

2017! Not without quite a bit ofwine though, and if 2018 is any-thing like this year, there's going tobe a lot more of it. That's why NewYear's Wine Resolutions are moreimportant than ever. Sure, we canmake "real" resolutions and pre-tend like we're (I'm) going to turnour (my) invoices in on time, buteveryone knows that's never goingto happen (nope). But wine is forsure happening, and these lowpressure, juice cleanse-free, resolu-tions will help make 2018 one ofthe best wine drinking years yet.First, Drink More Water –

"Drink more water" is on top ofmy resolution list every year, andwhile my insatiable sparklingwater habit has helped with that,most wine tastings do not havecans of La Croix on hand. Butdrinking water is as essential todrinking wine as drinking wineitself. Well, at least essential todrinking wine, and really tasting it,and remembering it, and not get-ting wasted.

Amy Atwood of Amy AtwoodSelections taught me a great trickthis year – after every glass ofwine, fill that same glass withwater. It's easy to ignore a separateglass of water and twirl your fingerfor your next pour, but drinkingwater from your wine glass makesit impossible for you to get morewine without hydrating first. It'ssmart, and it's easy. If you don'tlike the idea of a little water inyour glass before your next wine,you can always ask for a rinse

pour-a small pour of the wineyou're about to have that you swirlin the glass to clear it of the wateror previous wine, and then you candump that pour or drink it, it's fine.Ask for What You Want –

Speaking of exploring new wines,if you go into a wine shop anddon't see what you want, ask themfor it. They may not be able toorder the exact bottle, but there's agood chance they can order some-thing like it, something from thesame producer, or something fromthe wine's importer/distributor. Iknow so many people have prob-lems finding wines they want to tryin their local wine shops, but if thewine shops don't know there is ademand, they will never supply it.Pay Attention to ABV – As

you may have read in a recentpiece I wrote about Baynuls, Idrank a bunch of Grenache that Idid not realize was 16 percentABV and almost peed my pants onthe highway in France whilebehaving "like a rabid cat someonelet out of a cage in the car,"according to eye witnesses. I madea number of mistakes here. Iassumed that because I'd beendrinking big red wines in SouthernFrance all week that these wines,although tasting "big," were in thesame alcohol range (~13%) andthat because they were natural,they couldn't possibly be thaaathigh (trust, they can). I'd be lyingif I didn't also admit I had startedjoking around with the winemaker,and was showing off a little bitwhile listening to Dr. Dre'sChronic 2001. Watch Where You're

Popping – All those times someold person said, "You could takeyour eye out with that thing!" theywere really preparing you foropening sparkling wine. Asparkling wine's pressure fluctuatesbased on its temperature, so it isimportant to always open sparklingwine when it is very cold, over thesink, and aim it away from any-one/everyone/anything breakable. Iknow this because on the same tripto France where I almost peed mypants, we decided to open a warmbottle of sparkling Mauzac Vertthat exploded as soon as I loosenedthe cork's cage, bruised my buddy'ssternum, and drenched the entirehotel bathroom in bubbles.Enjoy It – Life can be crazy

and overwhelming and scary. It'seasy to want to drink a glass ofwine as quickly as possible after ahard day, but in 2018, give your-self the time to sit back, relax, andreally enjoy your wine. That's thewhole point of wine, and is oneresolution you can definitely keep.

Raise a glass to these wine-drinking resolutions

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Montana Tavern Times – 17January 2018

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ML#251331 - Saloon & casino3008 Highway 78 in Absarokee MT– $340,000

The Patterson Team: Stephanie Patterson, 321-0759,and Dan Patterson, 321-4182

January 2018Montana Tavern Times – 18

LICENSES FOR SALE

EQUIPMENT FOR SALE

All beverage floatable liquor license.Will sell with bar, with gaming or sep-arately. 406-323-2347.

Any reasonable offer considered ona city of Polson beer-wine licensewith gaming. Excellent terms, financ-ing available to qualified buyer. DanFillinger, broker, ArrowheadDevelopment, 406-431-3463.

“CALL FOR OFFERS” Great Falls all-beverage liquor licensemust be sold! Offers must be receivedby, and will be opened and reviewed,on 8/31/17. Notification of award willbe shortly thereafter. Contact MarkMacek, Macek Companies, Inc., at406-727-5505 or [email protected] information and to receive anoffering form.

Floating liquor license. Price negotiable.Call 406-860-9538.

Great Falls City all-beverage liquorlicense with catering endorsement forsale. Call Bob 406.791.2791 or [email protected].

The Crossing Bar and Grillat Fetty’s in Wisdom!

It is time to retire. Opened in1932, Fetty’s is a 2,400 sfstand-alone restaurant and bar(includes wine and beerlicense). It is fully operational.A great following and limitedcompetition make this a greatbusiness to own. $275,000.Call 406-689-3275.

Business opportunitynear Missoula!

Located just off I-90 and westof Missoula, Mt. Restaurant/Bar/Casino/Event Facility withall-beverage floating liquorlicense and gaming license.Includes furniture and fixtures.$250,000. Call Keri Willhite,Realtor/Stelling and AssociatesR.E., 406-649-7150.

SHIREY’S PUBRemodeled bar with an excel-lent off-highway location inHilger, MT. Includes real estate,all-beverage liquor license, fur-niture, fixtures, equipment and amobile home rental. Sales areimproving every year with morepotential. $269,000. Call oremail for more information.

Rick Dyck, Broker, 406-350-5162Garden Realty, 1224 West Main St.,

Lewistown, MT 59457web: www.gardenre.com

email: [email protected]

BUSINESSES FOR SALE BUSINESSES FOR SALE BUSINESSES FOR SALEBUSINESSES FOR SALE

Just $4.50 per line

[email protected]

MTT • Buy • Sell • Trade

Great Falls bar for sale!All-beverage liquor license with gam-ing & catering included. Turn-key.Remodeled. Nice and clean. Call (907)252-6493 or email [email protected]

DAVE'S 2017 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 hospitalitybusiness! Contact me for a freeconsultation, and I’ll explainhow I’ll market your property.

FOR SALEKnotty Pine SaloonDillon, MT, $393,999

Bozeman Real Estate GroupDave Everett Realtor®

[email protected]

Helena City all-beverage license.Gaming, catering, packaged liquor. Lions Lair Martini bar business avail with or without the license. Financing with 50% down, 406-441-9000 [email protected]

PRICE REDUCTION!PRICE REDUCTION!

FOSTER AND LOGAN’SPUB & GRILL in RED LODGEPopular, clean, cozy pub & barw/sports memorabilia, TVscreens, beer taps & wineselection boards. Well estab-lished, family owned & oper-ated w/great food & full bever-age license. Volume increasesyear after year. 4 br/1.5 bathapt. upstairs. On Main Streetin the beautiful, bustling skitown of Red Lodge, gateway toYellowstone. $995,000.

WORLD FAMOUS OASIS STEAKHOUSE

& LOUNGE in MANHATTANRated one of the best steakhouses in Montana! High vol-ume for 37 years w/same own-ers, now ready to retire. Saleincludes land, building, fullliquor license with gaming,FF&E. Building has had majorupdating. Kitchen state-of-the-art. Super clean. $1,995,000.

Contact Lyle Dunham, BrokerDunham Real Estate Services

406-425-0180

Very profitable tavern and small restau-rant for sale in Northwest Montana. 5acres with 900 square-foot log homeoff grid and seasonal. Call 575-741-1013 for pricing and details.

Classified ads get FAST results!

New 800-lb. Hoshizaki ice machine anda 650-lb. bin. In use 10 days and still hasa 3 year warranty. Paid $4,500, sellingfor $3,800 OBO. 406-259-6419.

12 bar/machine stools, swivel backs,dark red, 24” seat height. Good condi-tion. $20 each. Call Jeanne, 450-7236.

All-beverage liquor license in Browning.Call 406-338-2616 or 406-338-5848.

A member of the franchise system of BHH Affiliates, LLC

ML#279310 - Sports Hut341 N 9th Street - Columbus$595,000

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Montana Tavern Times – 19January 2018

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January 2018Montana Tavern Times – 20