The Certified Survey Affidavit is a mandatory legal document issued by the Alcoholic Beverage Control Division of Montana. It serves as a formal verification of a business premise’s physical location relative to city boundaries. This form is not for the business owner to fill out on a whim; rather, it requires the professional expertise of a County Surveyor, City Surveyor, or a Private Licensed Land Surveyor. The purpose of this affidavit is to establish jurisdiction and regulatory compliance by determining exactly where a business sits—whether it is inside an incorporated city, within a specific distance (“five-mile limit”) outside of it, or further out in the county. This distinction is crucial because the type of alcohol license available, the fees associated with it, and the quota systems that govern it all depend heavily on whether the premises fall within city limits or within the surrounding buffer zone. By signing this document, the surveyor attests that they have used official radial survey methods or corporate plats to measure distances in a straight line, ensuring the state has accurate data for licensing decisions.
How To File Montana Certified Survey Affidavit Form
This form is typically part of a larger application packet for a liquor license. Once the surveyor has completed, signed, and notarized the document, it must be submitted to the Montana Department of Revenue’s Alcoholic Beverage Control Division. It is generally filed alongside the main license application (such as the Master Application or a location transfer request). Ensure the original, notarized copy is sent, as photocopies of notarized signatures may not be accepted for official recording.
How to Complete Montana Certified Survey Affidavit Form
The form is divided into sections that must be completed by a qualified professional.
Premises Identification
- Street Address: Enter the full physical address of the proposed business location.
- City & County: Write the name of the city and the county where the premises are located.
Surveyor Attestation (Choose One Scenario)
The form provides two distinct sections for the surveyor’s statement. You must fill out only the section that applies to the specific location.
Scenario A: Location Outside A Corporate Boundary
- Surveyor Name: Print your full legal name on the first line.
- Surveyor Type: Check the box that best describes your professional status: County Surveyor, City Surveyor, or Private Licensed Land Surveyor.
- Business Name: Enter the name of the business (DBA) being surveyed.
- Verification: By completing this section, you are attesting that you used the radial survey method to measure the distance from the nearest corporate city boundary to the nearest entrance of the business. You are also confirming that plats or maps verifying these points can be provided if requested.
Scenario B: Location Inside A Corporate Boundary
- Surveyor Name: Print your full legal name on the first line.
- Surveyor Type: Check the box corresponding to your title: County Surveyor, City Surveyor, or Private Licensed Land Surveyor.
- Business Name: Enter the name of the business (DBA).
- Verification: By completing this section, you verify that the location was determined by examining corporate plats or official records.
Location Of Premises (Check Only One)
Select the single option that accurately describes the property’s status relative to the nearest city.
- Option 1: Check this box if the premises are within the incorporated boundaries of a city. Write the name of that city on the line provided.
- Option 2: Check this box if the premises are less than five miles from the nearest corporate boundary. Write the name of the nearest city on the line provided.
- Option 3: Check this box if the premises are more than five miles from any incorporated city. Write the name of the county on the line provided.
Exact Distance Measurement
- Distance Box: If the premises is outside an incorporated city (i.e., you checked Option 2 or 3 above), you must enter the precise distance in the boxes provided.
- Format: The distance must be measured in hundredths of a mile (e.g., 03.45 miles).
- Measurement Standard: This figure must represent the straight-line distance from the nearest corporate boundary to the nearest entrance of the premises.
Certification And Notarization
This final section validates the entire document.
- Signature: The surveyor must sign their name here.
- Title: The surveyor must print their professional title.
- License Number: Enter the Surveyor License or Registration Number.
- Notary Block: This section is for the Notary Public only.
- Date: The Notary will enter the day, month, and year the document was signed.
- Appearance: The Notary writes the name of the person who appeared before them (the surveyor).
- State: Enter the state where the notarization is taking place.
- Notary Signature: The Notary signs here.
- Print Name: The Notary prints their name clearly.
- Commission Expiry: The Notary enters the date their commission expires.
- Seal: The Notary will affix their official seal in the designated area.