In re the Denial of the Application for Issuance of One Original (New) On-Premises Consumption Beer/Wine License, Town Pump of Wolf Point, 401 Cascade

E-Z Supply, Inc. (E-Z), an affiliate of Town Pump, Inc., appeals from an order of the First Judicial District Court, Lewis and Clark County, denying its petition for judicial review. We reverse, concluding that the Montana Department of Revenue (DOR) incorrectly interpreted and applied § 16-4-413, MCA, in denying E-Z’s application for an on-premises beer and wine license (liquor license).

On December 22, 1988, E-Z applied to the Liquor Division of the DOR (Liquor Division) for a liquor license for use at Town Pump’s Wolf Point convenience store and filling station. Following a hearing at which…