Bill Text: MS HB873 | 2013 | Regular Session | Introduced
Bill Title: Alcoholic beverages; prohibit adults from allowing parties for minors on certain premises.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB873 Detail]
Download: Mississippi-2013-HB873-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary A
By: Representative Bennett
House Bill 873
AN ACT TO AMEND SECTION 97-5-49, MISSISSIPPI CODE OF 1972, TO INCLUDE HOTELS AND MOTELS IN THE PROVISION OF LAW THAT PROHIBITS AN ADULT FROM KNOWINGLY ALLOWING A PARTY TO TAKE PLACE OR CONTINUE WHERE A MINOR OBTAINS ALCOHOL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-5-49, Mississippi Code of 1972, is amended as follows:
97-5-49. (1) As used in this section:
(a) "Adult" means a person over the age of twenty-one (21) years.
(b) "Alcoholic beverage" has the meaning as defined in Section 67-1-5.
(c) "Beer" has the meaning as defined in Section 67-3-3.
(d) "Hotel" has the meaning as defined in Section 27-65-23.1.
( * * *e) "Light wine" means wine
containing five percent (5%) or less of alcohol by weight.
( * * *f) "Minor" means a person
under the age of twenty-one (21) years.
( * * *g) "Motel" has the
meaning as defined in Section 27-65-23.1.
( * * *h) "Party" means a gathering or event at which a group of two (2) or more persons assembles for a social occasion or activity at a private residence or a private premises.
( * * *i) "Private premises"
means privately owned land, including any appurtenances or improvements on the
land.
( * * *j) "Private residence"
means the place where a person actually lives or has his or her home.
( * * *k) "Wine" has the meaning
as defined in Section 67-1-5.
(2) No adult who owns or
leases a private residence * * *, private premises, hotel or motel
shall knowingly allow a party to take place or continue at the private
residence * * *,
private premises, hotel or motel, if a minor at the party obtains,
possesses or consumes any alcoholic beverage, light wine or beer if the adult
knows that the minor has obtained, possesses or is consuming alcoholic
beverages, light wine or beer.
(3) This section shall not apply to legally protected religious activities or gatherings of family members or to any of the exemptions set forth in Section 67-3-54.
(4) Each incident in violation of subsection (2) of this section or any part of subsection (2) constitutes a separate offense.
(5) Any person who violates subsection (2) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than ninety (90) days, or by both the fine and imprisonment, in the discretion of the court.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.
