16-6-302. Sale of alcoholic beverage without license -- sale or importation in violation of code -- penalty.
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16-6-302 . Sale of alcoholic beverage without license -- sale or importation in violation of code -- penalty.
(1)For the purposes of this section "person" means an individual, partnership, corporation, company, firm, society, association, joint-stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a state or agency of a state.
(2)A person who has not been issued a license under this code who sells or keeps for sale in Montana any alcoholic beverage commits a criminal offense and upon conviction is punishable by a fine not to exceed $5,000 or by imprisonment in the state prison for not less than 1 or more than 5 years or by both the fine and imprisonment.
(3)A person in the business of selling alcoholic beverages in another state or country who imports or distributes alcoholic beverages in violation of this code commits a civil offense.
(4)A person convicted under subsection (3):
(a)for a first offense, must be mailed a certified letter by the department ordering that person to cease and desist any shipments of alcoholic beverages to any person in Montana;
(b)for a second offense, shall be fined a civil penalty not to exceed $5,000;
(c)for a third offense, shall be fined a civil penalty not to exceed $10,000; and
(d)for a fourth or subsequent offense, shall be fined a civil penalty not to exceed $50,000.