Bill Text: MS HB1107 | 2015 | Regular Session | Introduced
Bill Title: Unlawful alcohol; bring forward certain sections of law relating to for purposes of possible amendment.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2015-02-03 - Died In Committee [HB1107 Detail]
Download: Mississippi-2015-HB1107-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B
By: Representative Snowden
House Bill 1107
AN ACT TO BRING FORWARD SECTIONS 97-31-21, 97-31-27, 97-31-47 AND 97-31-49, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE CRIMES OF THE UNLAWFUL MANUFACTURE, SALE, POSSESSION AND TRANSPORTATION OF ALCOHOLIC BEVERAGES AND THE ILLEGAL SOLICITATION OF LIQUOR ORDERS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-31-21, Mississippi Code of 1972, is brought forward as follows:
97-31-21. It shall be unlawful for any person, firm or corporation to manufacture, or distill any vinous, malt, spirituous, or intoxicating liquor or drink which if drunk to excess will produce intoxication. But this statute shall not prohibit citizens of this state from making wine from grapes or berries grown in this state, at their respective homes and using and consuming the same in the home where made, by the family residing therein and dispensing same to guests within said home. Any person convicted of violating this section shall be guilty of a felony and on conviction thereof shall serve a term in the State Penitentiary of not less than one (1) year, nor more than three (3) years for the first offense under this section, and for the second or any subsequent conviction under this section such person shall serve a term of not less than five (5) years, nor more than ten (10) years in the State Penitentiary.
SECTION 2. Section 97-31-27, Mississippi Code of 1972, is brought forward as follows:
97-31-27. If any person shall sell or barter, or give away or keep or have in his possession, except as authorized in this chapter, any vinous, alcoholic, malt, intoxicating or spirituous liquor, or intoxicating bitters or drinks, which if drunk to excess will produce intoxication, such person, and all others who may have owned or had any interest at the time in the liquors, bitters or drinks sold or bartered, or kept or in possession contrary to law, shall on conviction, be punished as follows:
(a) By a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than one (1) week nor more than three (3) months, or both, for the first conviction under this section.
(b) By a fine of not less than One Hundred Dollars ($100.00) and by imprisonment in the county jail not less than sixty (60) days, nor more than six (6) months, for the second conviction for violating this section.
(c) By imprisonment in the State Penitentiary not less than one (1) year nor more than five (5) years for conviction the third time under this section for the violation thereof after having been twice convicted of its violation.
SECTION 3. Section 97-31-47, Mississippi Code of 1972, is brought forward as follows:
97-31-47. It shall be unlawful for any transportation company, or any agent, employee, or officer of such company, or any other person, or corporation to transport into or deliver in this state in any manner or by any means any spirituous, vinous, malt, or other intoxicating liquors or drinks, or for any such person, company, or corporation to transport any spirituous, malt, vinous, or intoxicating liquors or drinks from one place within this state to another place within the state, or from one (1) point within this state to any point without the state, except in cases where this chapter or Section 67-9-1 authorizes the transportation.
SECTION 4. Section 97-31-49, Mississippi Code of 1972, is brought forward as follows:
97-31-49. It shall be unlawful for any person, firm or corporation in this state, in person, by letter, circular, or other printed or written matter, or in any other manner, to solicit or take order in this state for any liquors, bitters or drinks prohibited by the laws of this state to be sold, bartered, or otherwise disposed of. The inhibition of this section shall apply to such liquors, bitters and drinks, whether the parties intend that the same shall be shipped into this state from outside of the state, or from one point in this state to another point in this state. If such order be in writing, parol evidence thereof is admissible without producing or accounting for the absence of the original; and the taking or soliciting of such orders is within the inhibition of this section, although the orders are subject to approval by some other person, and no part of the price is paid, nor any part of the goods is delivered when the order is taken.
SECTION 5. This act shall take effect and be in force from and after its passage.
