Bill Text: MS HB1158 | 2015 | Regular Session | Introduced
Bill Title: Microbrewery Modernization Act of 2015; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB1158 Detail]
Download: Mississippi-2015-HB1158-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Ways and Means
By: Representative Barker
House Bill 1158
AN ACT TO CREATE THE MICROBREWERY MODERNIZATION ACT OF 2015, TO PROVIDE THAT A HOLDER OF A PERMIT TO MANUFACTURE BEER WHO OPERATES A BREWERY MAY SELL LIMITED AMOUNTS OF BEER ON THE PREMISES OF THE BREWERY; TO PROVIDE THAT BEER PROVIDED FOR SALE MUST BE MANUFACTURED IN THIS STATE BY THE HOLDER OF THE PERMIT AT THE BREWERY; TO PROVIDE THAT BEER SALES AUTHORIZED IN THIS ACT MAY BE MADE ONLY TO PERSONS ON THE PREMISES OF A BREWERY IN CONJUNCTION WITH A TOUR OF THE BREWERY; TO LIMIT THE AMOUNT OF BEER THAT MAY BE SOLD; TO AMEND SECTIONS 67-3-45 AND 67-3-55, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 67-3-3 AND 67-3-51, MISSISSIPPI CODE OF 1972, WHICH ARE SECTIONS OF THE LAWS REGULATING THE MANUFACTURING, SALE AND DISTRIBUTION OF LIGHT WINE AND BEER, FOR THE PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 27-71-301, MISSISSIPPI CODE OF 1972, WHICH PROVIDES DEFINITIONS FOR PURPOSES OF THE LAWS TAXING LIGHT WINE AND BEER, FOR THE PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A person having a permit to manufacture or brew beer under this chapter and who operates a brewery that has a maximum capacity of two hundred thousand (200,000) barrels annually may offer for sale and sell limited amounts of beer on the premises of the brewery subject to the following conditions:
(a) The beer provided for sale must be manufactured in the State of Mississippi;
(b) The beer may not be sold to an individual under twenty-one (21) years of age, and a sign indicating such shall be placed in a visible location at the entrance to the area where the sale of beer will be conducted;
(c) Not more than three (3) gallons of beer may be sold to an individual within a twenty-four-hour period;
(d) The beer may not be sold for less than the average price for the sale of the same beer in the area in which the brewery is located;
(e) Sales made on the brewery premises during a year by the holder of a license may not exceed ten thousand (10,000) barrels per year;
(f) The holder of the license operating the brewery shall keep an accurate accounting of the various beers sold under this subsection; and
(g) Sales made on the brewery premises must be offered during brewery tour hours.
(2) For the purposes of this section, the term "brewery" means and has the same definition as that term has in 26 USCS 5402.
SECTION 2. Section 67-3-45, Mississippi Code of 1972, is amended as follows:
67-3-45. No manufacturer, distributor or wholesale dealer to whom or to which this chapter applies shall:
(a) Make any loan, directly or indirectly, or furnish any fixtures of any kind, directly or indirectly, to any retail dealer in light wines and/or beer;
(b) Have any interest, direct or indirect, in the business of or in the furnishings or fixtures or in the premises used by any such retail dealer in connection with his or its business;
(c) Have any lien on any such property of any such retail dealer; or
(d) Sell light wines and/or beer to any such retail dealer on credit.
This section shall not apply to a brewpub licensed pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972, and expressly permits any manufacturer of beer with a maximum capacity of two hundred thousand (200,000) barrels annually to own and operate a brewpub within the same municipality as its principal place of business upon a separate premises, so long as both facilities fully comply with all applicable state and federal law and their operation fully comports with the existing three-tier system of distribution of alcohol existing in Mississippi.
SECTION 3. Section 67-3-55, Mississippi Code of 1972, is amended as follows:
67-3-55. (1) It shall be unlawful for any retailer to possess for purpose of sale, to sell, or to offer to sell any light wine or beer which was not purchased from a wholesaler in this state who has a permit to sell such light wine or beer, except for beer or light wine that was brewed on the premises of the retailer who holds a permit as a brewpub pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972. In addition, the prohibitions contained in this subsection shall not apply to
a person holding a permit to manufacture or brew beer under this chapter who operates a brewery and is authorized to make limited sales of beer under Section 1 of this act.
(2) It shall be unlawful for any wholesaler to possess for purpose of sale, to sell, or to offer to sell any light wine or beer which was not purchased from a manufacturer or importer of a foreign manufacturer authorized to sell such light wine or beer in this state.
(3) This section shall not apply to beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47.
SECTION 4. Section 67-3-3, Mississippi Code of 1972, is brought forward as follows:
67-3-3. When used in this chapter, unless the context indicates otherwise:
(a) "Commissioner" means the Commissioner of Revenue of the Department of Revenue of the State of Mississippi, and his authorized agents and employees;
(b) "Person" means one or more persons, a company, a corporation, a partnership, a syndicate or an association;
(c) "Manufacturer" and "retailer" include brewpubs licensed pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972, unless otherwise clearly provided;
(d) "Beer" means a malt beverage as defined in the Federal Alcohol Administration Act and any rules and regulations adopted pursuant to such act of an alcoholic content of not more than eight percent (8%) by weight; and
(e) "Light wine" means wine of an alcoholic content of not more than five percent (5%) by weight.
SECTION 5. Section 67-3-51, Mississippi Code of 1972, is brought forward as follows:
67-3-51. (1) It shall be unlawful for any person to sell, or offer to sell, or keep for sale any bottled beer or bottled light wine except the same be in the original bottle or in the original package containing bottles, each of which bottles shall bear the original label and the full name of the brewer or manufacturer of the contents of such bottle, both on the label and on the cap or cork of such bottle in the case of beer, and on the label only in the case of light wine.
(2) It shall be unlawful for any person to sell, or offer for sale, or keep for sale any beer or light wine in the original package or packages unless each such original package (whether barrel or other container, and whether containing liquor in bottles or otherwise) shall have plainly stamped on the container or label for each such container the full name of the manufacturer of the liquor therein contained.
(3) It shall be unlawful for any person to sell on draught any beer or light wine except the same be drawn from the original barrel or other container, which such container shall have plainly stamped on each end thereof the full name of the manufacturer of such liquor.
(4) This section shall not apply to beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47.
SECTION 6. Section 27-71-301, Mississippi Code of 1972, is brought forward as follows:
27-71-301. When used in this article the words and terms hereafter mentioned shall have the following definitions:
(a) "State Auditor" means the State Auditor of Public Accounts of the State of Mississippi or any legally appointed deputy, clerk or agent.
(b) "Person" includes all natural persons or corporations, a partnership, an association, a joint venture, an estate, a trust, or any other group or combination acting as a unit and shall include the plural as well as the singular unless an intention to give another meaning thereto is disclosed in the context.
(c) "Consumer" means a person who comes into the possession of beer or light wine, the sale of which is authorized by Chapter 3 of Title 67, Mississippi Code of 1972, for the purpose of consuming it, giving it away or otherwise disposing of it in any manner except by sale, barter or exchange.
(d) "Retailer" means any person who comes into the possession of such light wines or beer for the purpose of selling it to the consumer, or giving it away, or exposing it where it may be taken or purchased or acquired in any other manner by the consumer; however, the term "retailer" shall not include a person who offers and provides beer on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47.
(e) "Wholesaler" means any person who comes into possession of such light wine or beer for the purpose of selling, distributing, or giving it away to retailers or other wholesalers or dealers inside or outside of this state.
(f) "Commissioner" means the Commissioner of Revenue of the Department of Revenue or his duly appointed agents or employees.
(g) "Sale" includes the exchange of such light wines or beer for money, or giving away or distributing any such light wines or beer for anything of value; however, the term "sale" shall not include beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47.
(h) "Light wines or beer" means beer and light wines legalized for sale by the provisions of Chapter 3 of Title 67, Mississippi Code of 1972.
(i) "Distributor" includes every person who receives either from within or from without this state, from a brewery, a winery or any other source, light wines or beer as defined in Chapter 3 of Title 67, Mississippi Code of 1972, for the purpose of distributing or otherwise disposing of such light wines or beer to a wholesaler or retailer of such light wines or beer.
(j) "Brewpub" means the premises of any restaurant, as defined in Section 67-1-5, Mississippi Code of 1972, in which light wine or beer is manufactured or brewed, subject to the production limitation imposed in Section 67-3-22, for consumption exclusively on the premises. "Premises," for the purpose of this paragraph (j) for a brewpub operated by a hospitality operator, means only those areas immediately adjacent and connected to the brewing facility where food is normally sold and consumed. "Premises," for the purposes of this paragraph (j) for a brewpub not operated by a hospitality operator, means those areas normally used by the brewpub to conduct business and shall include the selling areas, brewing areas and storage areas. For purposes of this paragraph (j), hospitality operator shall have the meaning ascribed to such term in Section 67-33-22.
(k) "Hospitality cart" means a mobile cart from which alcoholic beverages and light wine and beer are sold on a golf course and for which a hospitality cart permit has been issued under Section 67-1-51.
SECTION 7. Section 1 of this act shall be codified as a new section in Chapter 3, Title 67, Mississippi Code of 1972.
SECTION 8. This act shall take effect and be in force from and after July 1, 2015.
