Montana 2025 Regular Session

Montana House Bill HB211

Introduced
1/15/25  
Refer
1/15/25  
Engrossed
2/3/25  
Refer
2/13/25  
Enrolled
3/18/25  

Caption

Revise alcohol laws

Summary

HB 211 revises Montana’s alcohol licensing laws to allow off-premises beer and table wine retailers, including grocery stores and drugstores with the proper license, to use third-party delivery services and, in some cases, to deliver directly. The bill creates a new third-party delivery license administered by the Department of Revenue and sets out who may hold it, how it is renewed, and what training and insurance requirements apply. It also updates the state’s Responsible Alcohol Sales and Service Act to include alcohol delivery, expands training requirements to cover delivery personnel, and authorizes the department to certify delivery training programs. The bill places detailed safeguards on alcohol deliveries. Deliveries must be made only to adults 21 or older, cannot be made to intoxicated persons, must be verified with ID-scanning technology or an approved alternative, and are restricted from certain locations such as retail alcohol businesses, campus residence halls, and properties without a street address. It also requires recordkeeping, return of undeliverable alcohol, limits on transport conditions, and a $1 million/$2 million liability insurance policy for third-party delivery licensees. The act takes effect January 1, 2026.

Impact

HB 211 amends multiple sections of Title 16, chapter 4, MCA, to add alcohol delivery authority and regulation. It changes the off-premises retail beer and wine license framework, creates a new third-party delivery license with a $1,000 annual fee, and updates fee provisions, training rules, enforcement penalties, and definitions to cover delivery services and delivery workers. The Department of Revenue gains licensing and rulemaking authority over these new delivery activities, while off-premises retailers remain responsible for their own sales but are insulated from violations arising solely from a third-party delivery licensee’s conduct.

Sentiment

The bill appears to have broad legislative support, passing the House and Senate with comfortable margins, though not unanimously. Committee and floor votes show strong majorities in favor, suggesting general agreement with modernizing alcohol delivery laws and adding consumer convenience while maintaining age-verification and training safeguards. The lack of committee transcript material limits insight into detailed debate, but the vote pattern indicates the bill was generally well received.

Contention

The main points of potential contention are the expansion of alcohol delivery and the use of third-party delivery companies, which can raise concerns about underage access, intoxicated recipients, enforcement, and accountability. The bill addresses those concerns through age checks, training, insurance, recordkeeping, and delivery restrictions, but the inclusion of independent contractors, technology platforms, and off-premises delivery rights may still have prompted caution from some lawmakers, as reflected in the minority no votes in both chambers. Another possible issue is the shift of regulatory responsibility to the Department of Revenue and the creation of a new licensed delivery category for alcohol.

Companion Bills

No companion bills found.

Previously Filed As

MT AB404

Revises provisions relating to alcoholic beverages. (BDR 52-651)

MT HB735

Generally revising alcohol laws

MT HB150

Generally revise alcohol and gaming laws

MT HB593

Small Craft Alcoholic Beverage Producers; licensing of small craft distilleries, small craft wineries, and small craft alcoholic beverage producers authorized

MT SB950

Alcoholic beverages; prohibiting alcoholic beverages from being sold for less than a certain amount. Effective date.

MT HB92

Generally revise laws related to alcohol regulation

MT SB950

Alcoholic beverages; prohibiting alcoholic beverages from being sold for less than a certain amount. Effective date.

MT AB1246

Alcoholic beverages: distilled spirits.

MT SB312

Alcoholic beverage licenses; to license storage of alcoholic beverages to dispense at special events, including government venues

MT SB0381

Delivery of alcoholic beverages.

Similar Bills

TX HB4215

Relating to the regulation of delivery network companies; requiring an occupational permit; authorizing a fee.

NJ S3139

Requires delivery network company to maintain certain automobile insurance.

NJ A3581

Requires delivery network companies to maintain automobile insurance.

NJ A3568

Requires food delivery network company to maintain certain automobile insurance.

TN HB2175

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 55; Title 56 and Title 65, relative to delivery network companies.

TN SB2458

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 55; Title 56 and Title 65, relative to delivery network companies.

MO SB915

Modifies provisions relating to insurance coverage for certain delivery network companies

TX SB2154

Relating to the regulation of delivery network companies; requiring an occupational permit; authorizing a fee.