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Carrying in a restaurant that has a bar in a separate room....

LeMat

Regular Member
Joined
Mar 5, 2009
Messages
162
Location
Kalispell, Montana, USA
I know this has been brought up before, but I can't seem to find a definitive answer.

Can one CC in a restaurant that has a bar in a separate room if one stays in the restaurant area? There are restaurants that are pretty delineated between the bar and eating area. Little cloudy on this.....


(c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,337
Location
Nevada
Does the non-bar portion still serve alcohol? That is the part the law looks at.

Do the two parts operate under the same license? My guess is probably yes, and you would probably have to open carry to be legal.

EDIT: Wow, I just noticed your signature! I'm honored. I'd forgotten about that.
 
Last edited:

LeMat

Regular Member
Joined
Mar 5, 2009
Messages
162
Location
Kalispell, Montana, USA
Yes you can be served in the restaurant area. I would imagine they operate under the same license.

I wondered about the "sold, dispensed and consumed" part. I thought it had to be all three as there is no "or".

Alcohol can be sold and consumed in the restaurant area, but must be dispensed in the bar.

I'm picking nits I suppose. It just chaps my keister that Montana is one of two states that still has this provision.

Spose I'll just give the place a call and see what their OC policy is.

The sig.... yep, it's a good one. ;)
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,337
Location
Nevada
It's a pain if you guess wrong, I know, but if you call, most places will decide on the spot that it is not allowed.

I hadn't thought about that "dispensed" part. That's an interesting catch, but I think you'll not be able to convince anyone in authority if you got caught. But it might help your conscience if you know you won't get caught!

Next time you come south, give me a shout. We'll sit OC at the bar with a couple cold ones.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,309
Location
Montana
To be safe you must OC in such establishments. This is also the recommendation that is provided by handgun laws (CC site).

Sent from my Nexus 4 using Tapatalk
 

M&P carrier

Newbie
Joined
Nov 4, 2014
Messages
4
Location
Montana
The law states that in such establishments for example applebee's, Boston's, etc., the carrier must OC, and stay out of the designated bar area, and of course not be consuming alcohol. Follow those three rules and you will be fine. As long as their main sale is not alcohol. But if the establishment is marked no weapons, with the sign on the door or window then you can not enter the building with your firearm.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,309
Location
Montana
The law states that in such establishments for example applebee's, Boston's, etc., the carrier must OC, and stay out of the designated bar area, and of course not be consuming alcohol. Follow those three rules and you will be fine. As long as their main sale is not alcohol. But if the establishment is marked no weapons, with the sign on the door or window then you can not enter the building with your firearm.


Please provide cites to MCA for the bold and underline sections of your statements.

a) No where in Montana law does it restrict you from going into a bar or designated bar area while open carrying.
b) No where in Montana law does it list anything regarding primary sales of alcohol or anything related as such.
c) A sign does not carry the weight of law in Montana. However, I would not suggest supporting a company or business that does not support your values
 
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