Bill Text: MS HB791 | 2018 | Regular Session | Introduced
Bill Title: Alcoholic beverages; revise where holders of Class 1 or 2 manufacturer's permit may manufacture and distribute in wet counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB791 Detail]
Download: Mississippi-2018-HB791-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Ways and Means
By: Representative Zuber
House Bill 791
AN ACT TO AMEND SECTION 67-1-7, MISSISSIPPI CODE OF 1972, TO REVISE WHERE HOLDERS OF CERTAIN MANUFACTURER'S PERMITS ISSUED UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW MAY MANUFACTURE AND DISTRIBUTE ALCOHOLIC BEVERAGES IN COUNTIES THAT HAVE VOTED TO COME OUT FROM UNDER THE DRY LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-7, Mississippi Code of 1972, is amended as follows:
67-1-7. (1) Except as
otherwise provided in Section 67-9-1 for the transportation and possession of
limited amounts of alcoholic beverages for the use of an alcohol processing
permittee, and subject to all of the provisions and restrictions contained in
this chapter, the manufacture, sale, distribution, possession and
transportation of alcoholic beverages shall be lawful, subject to the
restrictions hereinafter imposed, in those counties and municipalities of this
state in which, at a local option election called and held for that purpose
under the provisions of this chapter, a majority of the qualified electors
voting in such election shall vote in favor thereof. Except as otherwise
provided in Section 67-1-51 for holders of a caterer's permit and except for
holders of a Class 1 manufacturer's permit or a Class 2 manufacturer's permit,
the manufacture, sale and distribution of alcoholic beverages shall not be
permissible or lawful in counties except in (a) incorporated municipalities
located within such counties, (b) qualified resort areas within such counties
approved as such by the * * *State Tax Commission Department of Revenue, or (c)
clubs within such counties, whether within a municipality or not. The
manufacture, sale, distribution and possession of native wines shall be lawful
in any location within any such county except those locations where the
manufacture, sale or distribution is prohibited by law other than this section
or by regulations of the * * *commission department.
(2) Notwithstanding the
foregoing, within any state park or any state park facility that has been
declared a qualified resort area by the * * * department, and within any
qualified resort area as defined under Section 67-1-5(o)(iii), an on-premises
retailer's permit may be issued for the qualified resort area, and the
permittee may lawfully sell alcoholic beverages for consumption on his licensed
premises regardless of whether or not the county or municipality in which the
qualified resort area is located has voted in favor of coming out from under
the dry law, and it shall be lawful to receive, store, sell, possess and
consume alcoholic beverages on the licensed premises, and to sell, distribute
and transport alcoholic beverages to the licensed premises.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.
