# Mont. Code Ann. § 23-5-119: 23-5-119 Appropriate alcoholic beverage license for certain gambling activities

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-119

## Section

- **Citation:** Mont. Code Ann. § 23-5-119
- **Heading:** 23-5-119 Appropriate alcoholic beverage license for certain gambling activities
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-119

## Text

23-5-119 . Appropriate alcoholic beverage license for certain gambling activities. (1) Except as provided in subsection (3), to be eligible to offer gambling under Title 23, chapter 5, part 3, 5, or 6, an applicant must own in the applicant's name:

(a) a retail all-beverages license issued under 16-4-201 , but the owner of a license transferred after July 1, 2007, pursuant to 16-4-204 is not eligible to offer gambling. Licenses issued under 16-4-201 (8)(c) after May 8, 2025, may not offer gambling activities.

(b) except as provided in subsection (1)(c), a license issued prior to October 1, 1997, under 16-4-105 , authorizing the sale of beer and wine for consumption on the licensed premises. Licenses issued under 16-4-105 (1)(e) after May 8, 2025, may not offer gambling activities.

(c) a beer and wine license issued in an area outside of an incorporated city or town as provided in 16-4-105 (1)(f). The owner of the license whose premises are situated outside of an incorporated city or town may offer gambling, regardless of when the license was issued, if the owner and premises qualify under Title 23, chapter 5, part 3, 5, or 6.

(d) a retail beer and wine license issued under 16-4-109 ;

(e) a resort retail all-beverages license issued under 16-4-213 ; or

(f) a retail all-beverages license issued under 16-4-208 .

(2) For purposes of subsection (1)(b), a license issued under 16-4-105 prior to October 1, 1997, may be transferred to a new owner or to a new location or transferred to a new owner and location by the department of revenue pursuant to the applicable provisions of Title 16. The owner of the license that has been transferred may offer gambling if the owner and the premises qualify under Title 23, chapter 5, part 3, 5, or 6.

(3) Lessees of retail all-beverages licenses issued under 16-4-208 or beer and wine licenses issued under 16-4-109 who have applied for and been granted a gambling operator's license under 23-5-177 are eligible to offer and may be granted permits for gambling authorized under Title 23, chapter 5, part 3, 5, or 6.

(4) A license transferee or a qualified purchaser operating pending final approval under 16-4-433 who has been granted a gambling operator's license under 23-5-177 may be granted permits for gambling under Title 23, chapter 5, part 3, 5, or 6.

(5) A license issued under a competitive bidding process as provided in 16-4-430 is not eligible to offer gambling under Title 23, chapter 5, part 3, 5, or 6.

## Nearby sections

- [Mont. Code Ann. § 23-5-110 23-5-110 Public policy of state concerning gambling](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-110.md)
- [Mont. Code Ann. § 23-5-111 23-5-111 Construction and application](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-111.md)
- [Mont. Code Ann. § 23-5-112 23-5-112 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-112.md)
- [Mont. Code Ann. § 23-5-113 23-5-113 Department as criminal justice agency](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-113.md)
- [Mont. Code Ann. § 23-5-114 23-5-114 Department employees -- activities prohibited](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-114.md)
- [Mont. Code Ann. § 23-5-115 23-5-115 Powers and duties of department -- licensing](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-115.md)
- [Mont. Code Ann. § 23-5-116 23-5-116 Disclosure of information](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-116.md)
- [Mont. Code Ann. § 23-5-117 23-5-117 Premises approval](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-117.md)
- [Mont. Code Ann. § 23-5-118 23-5-118 Transfer of ownership interest -- definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-118.md)
- [Mont. Code Ann. § 23-5-119 23-5-119 Appropriate alcoholic beverage license for certain gambling activities](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-119.md)
- [Mont. Code Ann. § 23-5-123 23-5-123 Disposal of fines and penalties for violation of gambling laws](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-123.md)
- [Mont. Code Ann. § 23-5-128 23-5-128 Distributor's license -- fees](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-128.md)
- [Mont. Code Ann. § 23-5-129 23-5-129 Route operator's license -- fees](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-129.md)
- [Mont. Code Ann. § 23-5-130 23-5-130 Allowable compensation for route operator](https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-130.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T23_C5_P1_S23-5-119. Check the current official text before relying on it. Not legal advice.