On an 11-0 vote Tuesday, the Montana Senate’s Business, Labor, and Economic Affairs committee passed SB 203, without amendment, sending it to the full Senate for consideration later.  SB 203 would allow non-brewery sale of beer in growlers for off premises consumption (i.e. a bar could fill a growler from its taps).  The bill needs to pass two votes in the full Senate (second and third reading of the bill) before being transmitted to the House for its consideration.  While not a guarantee of success, an 11-0 vote is a pretty good indication the bill should find smooth sailing.

At Tuesday’s committee hearing, Senator Zinke characterized SB 203 as a “non-contentious,” “clarification bill,” a phrase echoed by the four other persons who spoke in support.  Bills seeking to clarify existing laws often face less scrutiny than those establishing new laws.  Tony Hebert, Montana Brewers Association, Mark Staples, Montana Tavern Association, Neil Peterson, Gaming Industry Association, and Brad Griffin, Montana Restaurants Association, all spoke in favor of the bill.  There was no opposition and the hearing lasted approximately 20 minutes.

While noting support, Mark Staples of the Montana Tavern Association made an interesting remark, foreshadowing a discussion likely to take place when the committee takes up SB 202 to shift tap room hours. Agreeing with Senator Zinke that the bill is not contentious, Mr. Staples mentioned there are issues regarding how far “sampling” should be allowed to go into “retailing,” which are left for another day.  The beer you buy from breweries is legally classified as a “sample” to distinguish it from the “retail” beer you buy from your favorite bar.  

All speakers agreed filling growlers from non-brewery sites is an existing practice, but Senator Tropila questioned whether retailers who did were nevertheless breaking the law. In response, C.A. Daw, Chief Legal Counsel for the Department of Revenue, stated the Department never completed its determination of whether the practice violated state law, thus it isn’t possible to say that the practice was legal or illegal.  SB 203 would answer the question and looks to be on track for success.

UPDATE:  On Thursday, Jan. 27, the Senate passed the bill on Second Reading by a vote of 48-2. On Jan. 28, the Senate passed the bill on Third Reading by a vote of 49-1 and transmitted the bill to the House of Representatives.