Checklists Form 37/39

Alcoholic Beverage/Gambling Operator Short Form

Complete Form 37-39 (you can also click here to download) and see checklists below for specific requirements.

Alcoholic Beverage License Type Change
  • $200 processing fee applies. The fee applies to alcoholic beverage licenses only. These transactions require Department of Revenue to publish a notice in the local newspaper.
  • Copy of the purchase/sale documents that include all terms and prices.
  • Copies of all documents verifying the source of funding for payments to the seller (e.g., six months of bank statements, loan documents and security agreements, etc.).
  • Minutes of meeting during which the sale and terms of sale were approved, if applicable.
  • Current financial statements or most recent tax return.
  • Floor plan (including business name, alcoholic beverage license number, physical address, outer dimensions, seating, service bar, alcoholic beverage storage, etc.). Please do not send the original blue prints, only a copy of the floor plan (8 1/2” x 11”, one page).
  • Authorization to Disclose Tax Information for Seller of license.
  • Temporary Operating Authority / Temporary Gambling Authority Form (alcoholic beverage only, if requested).
  • Nonuse Form for other license currently in use at location.

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Business Entity Type Change

Gambling and alcoholic beverage activity may continue pending approval of the business entity type change. This form may only be used if there will be no new persons added to the new entity. If there are new persons and a new entity, a new Alcohol and Gambling Operator Combined License Application Form 5 (or appropriate application for license type) must be completed.

  • $200 processing fee applies. The fee applies to alcoholic beverage licenses only. These transactions require Department of Revenue to publish a notice in the local newspaper.
  • FEIN verification from the IRS for new entity.
  • Explanation of member/shareholder contribution to new entity.
  • Documents verifying the source of funding for any new funds used for the change, or infused in to the new entity (e.g., loan documents, security agreements, etc.).
  • Corporate and/or Business Statement (not needed if changing to a sole proprietorship).
  • Assumed Business Name registration confirmation from the Secretary of State.
  • Lease agreement with new entity OR if new entity owns building, provide ownership documentation (e.g., Deed).
  • Explanation of how the assets and liabilities will be transferred to the new entity.
  • Current financial statements or pro-forma financial statements.
  • List name(s) of location manager(s), and (if applicable) potential new or changes in location manager(s) must provide Location Manager Application. Also must provide (2) fingerprint cards, a Personal History Statement and fees IF the manager is not the owner (shareholder, member or partner thereof).
  • Bank signature cards showing the new business entity type.
  • Explanation of what is happening to the old bank account once this change is approved. Will the account close or will the account be modified?

Upon Closing Licensee will be notified of the completion of the audit and at that time you can schedule the closing.

  • Documents verifying the end of the current entity type, including minutes, cancellation of shares/interests, corporate/LLC/LLP/partnership end of existence procedures documents.
  • Documents verifying the new entity type, including minutes, issuance of shares/interest, corporate/LLC/LLP/ partnership creation documents.

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Change in Ownership (Alcoholic Beverages Only - Less than 10%)

Alcoholic beverage activity may continue pending approval of the increase of ownership or the disclosure of a new owner to less than 10%. This form may only be used if there will be no other changes made to the entity or its enterprise, e.g., leasehold, concessions, managers, locations, etc. If there are additional changes, a new Form 5 Alcoholic Beverage and Gambling Operator Combined License Application (or appropriate application for license type) must be completed.

  • No processing fee applies.
  • Documents verifying the source of funding, contributed capital, equity or for any new funds used for the change or infused into the entity (e.g., loan documents, security agreements etc.).
  • Agreement with terms.
  • Corporate and/or Business Statement (please use attached form if necessary).
  • Other information as applicable to help verify the increase in ownership or shareholder/member/partner.

Upon Closing Licensee will be notified of the completion of the audit and at that time you can schedule the closing.

  • Narrative and official entity documents, e.g., minutes, shares/interests/partnerships issuance agreements.
  • Shares/member interests certificates.

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to: 

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Death of a Licensee

Gambling and alcoholic beverage activity may continue pending approval of transfers to estates or joint tenants. Submit the following documents, if applicable, for review and approval of the transfer.

  • No processing fee applies.
  • Copy of Death Certificate or court order certifying death of licensee.
  • Copy of the will.
  • Formal appointment of person(s) to manage estate whether court appointed or named in licensee’s will (e.g., executor of estate, conservator, personal representative, power of attorney or trustee), where applicable. Unless already identified as an owner of the license, a personal history statement, two fingerprint cards and fingerprint fee for each individual appointed to manage the estate.
  • FEIN for the estate (supply appropriate documents).
  • New bank signature cards with updated signatures.

Note:

Whether or not there is a will, the decedents’ interest in the alcoholic beverage and gambling license will be placed into the name of the estate showing the Personal Representative as the responsible party until the estate is settled prior to interest being distributed to the designated heir(s). A Form 5 Alcoholic Beverage/Gambling Operator Combined License Application (or appropriate application for license type) must be completed following approval of this amended application and the interest distributed to the designated heir(s).

If the interest is held in joint tenancy with right of survivorship, this application will be sufficient to transfer both the alcoholic beverages and gambling operator interests to the survivor.

If the estate plans to sell the alcoholic beverages license, an Alcoholic Beverage/Gambling Operator Combined License Application (or appropriate application for license type) must be completed following approval of this amended application.

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to: 

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Disclosure of a New Owner (Alcoholic Beverages Only - Less Than 10%)

Alcoholic beverage activity may continue pending approval of the increase of ownership or the disclosure of a new owner to less than 10%. This form may only be used if there will be no other changes made to the entity or its enterprise, e.g., leasehold, concessions, managers, locations, etc. If there are additional changes, a new Form 5 Alcoholic Beverage and Gambling Operator Combined License Application (or appropriate application for license type) must be completed.

  • No processing fee applies.
  • Documents verifying the source of funding, contributed capital, equity or for any new funds used for the change or infused into the entity (e.g., loan documents, security agreements etc.).
  • Agreement with terms.
  • Corporate and/or business statement (please use attached form if necessary).
  • Other information as applicable to help verify the increase in ownership or shareholder/member/partner.

Upon Closing Licensee will be notified of the completion of the audit and at that time you can schedule the closing.

  • Narrative and official entity documents, e.g., minutes, shares/interests/partnerships issuance agreements.
  • Shares/member interests certificates.

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Divorce Among Licensees

Gambling and alcoholic beverage activity may continue pending approval of transfers to an ex-spouse. Submit the following documents, if applicable, for review and approval of the transfer:

  • No processing fee applies.
  • Copy of the final decree of dissolution of marriage and property settlement agreement.
  • Source of funding documents, if any, if the transfer requires a buyout (e.g., six months of bank statements supporting cash payments, loan and security agreements, installments payment agreement, etc.).
  • If the spouse transferring the interest will be completely removed from ownership and will no longer be responsible for contractual obligations of the licensed operation, supply letters and related documents from banks, landlords, and vendors that release the departing spouse from liability (or converting him/her to a guarantor).
  • Updated bank signature card.
  • Current financial statements or most recent tax returns of the licensed operation.
  • Licensee will be notified of the completion of the audit and at that time you can schedule the closing.

Upon Closing Licensee will be notified of the completion of the audit and at that time you can schedule the closing.

  • Documents verifying the divorce and transfer of assets among licensees.
  • Corporate documents, partnership agreements, LLC agreements, minutes etc. (depending on type of change).
  • Documents verifying the cancellation of shares/interests, issuance of shares/interests and updated stock ledger (if applicable).

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Foreclosure (Intending to Operate with Alcoholic Beverages)

Gambling and alcoholic beverage activity may continue under the foreclosing party pending the outcome of a license investigation for a proposed transfer of ownership interest resulting from foreclosure under the following conditions.

  • $200 processing fee applies. The fee applies to alcoholic beverage licenses only. These transactions require Department of Revenue to publish a notice in the local newspaper.
  • Party foreclosing has had no change in ownership since last licensed and is the licensee’s immediate predecessor.
  • Foreclosing party is suitable for licensure.
  • All applicable permit fees are paid.
  • The former licensee has notified the department, within five working days of execution of the foreclosure. The foreclosure takes place within two years following the sale.
  • If the license will be operated, it must remain in the same location.
  • If the license will be operated, Alcoholic Beverage Control Division must publish the change in ownership and inform the local officials.

Submit the following documents for review and approval of the transfer.

  • Copy of the original buy/sell or purchase agreement between the prior licensee and the current licensee.
  • Documents and/or letters of foreclosure.
  • Statement of who will be the new location manager, if applicable, and a Location Manager Application if the manager is not the new owner (shareholder, member or partner thereof) and fingerprint cards, Personal History Statement and fees.
  • New bank signature card.
  • Floor plan (including business name, alcoholic beverage license number, physical address, outer dimensions, seating, service bar, alcoholic beverages storage etc.) of the licensed premise. Please do not send the original blue prints, only a copy of the floor plan (8 1/2” x 11″ – one page).
  • Request for Temporary Operating Authority.
  • Business statement (if applicable, not required if a bank foreclosure).
  • FEIN Verification.
  • Documents verifying the applicant has possessory interest in the building where the business is operated. This can include items such as a lease, rental agreement, purchase agreement, tax statement, deed and/or finance agreement.

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Foreclosure (Not Intending To Operate)

Gambling and alcoholic beverage activity may continue under the foreclosing party pending the outcome of a license investigation for a proposed transfer of ownership interest resulting from foreclosure under the following conditions.

  • $200 processing fee applies. The fee applies to alcoholic beverage licenses only. These transactions require Department of Revenue to publish a notice in the local newspaper.
  • Party foreclosing has had no change in ownership since last licensed, and is the licensee’s immediate predecessor.
  • Foreclosing party is suitable for licensure.
  • All applicable permit fees are paid.
  • The former licensee has notified the department, within five working days of execution of the foreclosure. The foreclosure takes place within two years following the sale.

Submit the following documents for review and approval of the transfer.

  • Copy of the original buy/sell or purchase agreement between the prior licensee and the current licensee.
  • Documents and/or letters of foreclosure.
  • Business statement of foreclosing party (if applicable, not required if a bank foreclosure).
  • FEIN Verification (not required if a bank foreclosure).
  • Nonuse form

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Gifting Among Licensees

Gambling and alcoholic beverage activity may continue pending approval of the transfer by gift to an existing owner. Submit the following documents for review and approval of the transfer.

  • No processing fee applies.
  • Gifting statement that identifies both parties to the transaction, the intention of the transaction and percentage of ownership being transferred.
  • Current financial statements or most recent tax return for the licensed entity.

Upon Closing Licensee will be notified of the completion of the audit and at that time you can schedule the closing.

  • Documents verifying gifting of ownership interest among licensees.
  • Corporate documents, partnership agreements, LLC agreements, minutes etc. (depending on type of change).
  • Documents verifying the cancellation of shares/interests, issuance of shares/interests and updated stock ledger (if applicable).

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Increase of Current Ownership Interest (From Less Than 10% Increasing to More Than 10%)

Gambling and alcoholic beverage activity may continue pending approval of the increase of ownership from under 10% to 10% or over. If the person increasing his/her ownership was not previously qualified, this form will not work. This form may only be used if there will be no other changes made to the entity or its enterprise, e.g., leasehold, concessions, managers, locations, etc. If there are additional changes, a new Form 5 Alcoholic Beverage and Gambling Operator Combined License Application (or appropriate application for license type) must be completed.

  • $200 processing fee applies. The fee applies to alcoholic beverage licenses only. These transactions require Department of Revenue to publish a notice in the local newspaper.
  • Documents verifying the source of funding, contributed capital, equity or for any new funds used for the change or infused into the entity (e.g., loan documents, security agreements etc.).
  • Agreement with terms.
  • Corporate and/or business statement (please use attached form if necessary).
  • Other information as applicable to help verify the increase in ownership or shareholder/member/partner.
  • Alcoholic Beverage License Only: a Personal History Statement, two fingerprint cards, and a fingerprint fee are required.

Upon Closing Licensee will be notified of the completion of the audit and at that time you can schedule the closing.

  • Narrative and official entity documents, e.g., minutes, shares/interests/partnerships issuance agreements. 
  • Shares/member interests certificates.

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Sale Among Licensees

Gambling and alcoholic beverage activity may continue pending approval of the sale of interests among licensees. Submit the following documents, if applicable, for review and approval of the transfer.

  • No processing fee applies.
  • Copy of the purchase/sale documents that include all terms and prices.
  • Copies of all documents verifying the source of funding for amounts to be paid to the seller (e.g., six months of bank statements, loan documents and security agreements, etc.).
  • Minutes of meetings during which the sale and terms of sale are approved, if applicable.
  • Current financial statements or most recent tax return for the licensed entity.
  • If the owner transferring an interest is being completely removed from ownership, provide letters from creditors, and lessors if applicable, removing the seller(s) from all liability.

Upon Closing Licensee will be notified of the completion of the audit and at that time you can schedule the closing.

  • Documents verifying the sale of interests among licensees.
  • Corporate documents, partnership agreements, LLC agreements, minutes, etc. (depending on type of change).
  • Documents verifying the cancellation of shares/interests, issuance of shares/interests and updated stock ledger (if applicable).
  • If the seller is no longer on the license, a copy of new bank signature cards with updated signatures.

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Transfer of Location (ONP) / (GOA) / (WSL) / (DBR) / (DWR) / (DSM)

Transfer of Location for On Premise (ONP) / Gambling Operator Account (GOA) / Wholesaler (WSL) / Brewery (DBR) / Winery (DWR) / Distillery (DSM)

The documents listed below verify the licensee has possessory interest in the building where the business is operated. The need for these documents will depend on whether you own or lease the new location.

  • $200 processing fee applies. The fee applies to alcoholic beverage licenses only. These transactions require Department of Revenue to publish a notice in the local newspaper.
  • Copies of mortgage loan documents (if a purchase) OR new lease agreement.
  • Certified survey affidavit (On-Premises (ONP) licenses only).
  • Floor plan (including business name, alcoholic beverage license number, physical address, outer dimensions, seating, service bar, alcoholic beverage storage, etc.). Please do not send the original blue prints, only a copy of the floor plan (8 1/2 x 11, one page).

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

Transfer of Location for Gambling Manufacturer, Distributor, Route Operator

Gambling activity may continue pending the outcome of a license investigation for a proposed change of location. Submit the following documents for review and approval of the transfer.

  • No processing fee applies.
  • Copies of mortgage loan documents (if a purchase) or new lease agreement.
  • Current financial statements or the most recent federal income tax return.

Note: The Gambling Control or Alcoholic Beverage Control Division may require the applicant to send additional documents or information. This application and the documents and information provided will be reviewed under an amended license process and final approval will correspond with those procedures. If you have any questions, contact the Gambling Control Division at (406) 444-1971.

Mail application, required documents listed above, and fees to:

Gambling Control Division

PO Box 201424

Helena, MT 59620

Printable checklist here.

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