Cal. Civ. Code § 37.111.1225
37.111.1225 FOOD SERVICE
Operative Text
(1) An establishment preparing or serving food that meets the definition of a "retail food establishment" under 50-50-102 , MCA, must obtain a separate retail food license. An establishment as defined in 50-51-102 , MCA, that is licensed as a public accommodation may serve food to registered guests and day visitors without obtaining a retail food license pursuant to 50-50-102 (21)(c)(xii), MCA.
Under Mont. Admin. R. 37.111.1225, any lodging or similar establishment that prepares or serves food in a way that qualifies as a 'retail food establishment' under Montana law must hold a separate retail food license. However, a public accommodation establishment that is already licensed under the applicable Montana statute may serve food to its registered guests and day visitors without obtaining that additional retail food license, relying on a specific statutory exemption. These two tracks—licensed retail food operation versus limited service under a public accommodation license—define the boundaries of lawful food service at covered establishments.
Plain English — not legal advice.
Property owners and managers operating lodging facilities should be aware that Mont. Admin. R. 37.111.1225 creates distinct licensing obligations depending on the scope of food service offered. Operators who hold a valid public accommodation license and limit food service to registered guests and day visitors can rely on the statutory exemption and generally do not pursue a separate retail food license. Those whose food service activities meet the 'retail food establishment' definition under 50-50-102, MCA, maintain a separate retail food license alongside any other required permits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Admin. R. 37.111.1225 establishes that guests staying at a licensed public accommodation have a basis to expect that any food served to them is provided within a lawfully recognized framework—either under the public accommodation license exemption or a separate retail food license. If a guest has concerns about whether a facility is operating in compliance with applicable food service licensing requirements, Montana's Department of Public Health and Human Services oversees these rules and may be a resource for inquiries or complaints. Tenant-rights and consumer-protection organizations can also help individuals understand what recourse may be available when a facility appears to be operating outside these requirements.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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