Bill Text: MS SB2422 | 2017 | Regular Session | Introduced
Bill Title: Alcoholic beverages; revise penalties for sale to minors and persons visibly intoxicated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2422 Detail]
Download: Mississippi-2017-SB2422-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
Senate Bill 2422
AN ACT TO AMEND SECTION 67-1-81, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR THE SALE OR FURNISHING OF ALCOHOLIC BEVERAGES TO A MINOR AND TO AUTHORIZE THE COMMISSIONER TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES ON ALCOHOLIC BEVERAGE PERMITTEES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 67-1-83, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR SALE OF ALCOHOLIC BEVERAGES BY A PERMITTEE OR THE EMPLOYEE OR AGENT OF A PERMITTEE TO A PERSON WHO IS VISIBLY INTOXICATED OR TO WHOM THE DEPARTMENT HAS PROHIBITED THE SALE OF ALCOHOLIC BEVERAGES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-81, Mississippi Code of 1972, is amended as follows:
67-1-81. (1) Any permittee
or other person who shall sell, furnish, dispose of, give, or cause to be sold,
furnished, disposed of, or given, any alcoholic beverage to any person under
the age of twenty-one (21) years shall be guilty of a misdemeanor and shall be
punished by a fine of not less than Five Hundred Dollars ($500.00) nor more
than One Thousand Dollars ($1,000.00) for a first offense. For a second or
subsequent offense, such permittee or other person shall be punished by a fine
of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand
Dollars ($2,000.00), or by imprisonment for not more than one (1) year, or by
both such fine and imprisonment in the discretion of the court. * * *
(2) (a) If a permittee, or any employee or agent of a permittee, violates subsection (1) of this section, then, in addition to any other penalty provided for by law, the commissioner shall impose the following penalties against the permittee on whose premises the alcoholic beverages were sold, given or furnished:
(i) For the first offense on the licensed premises, suspension of the permit for not more than one (1) week.
(ii) For a second offense occurring on the licensed premises within a twelve-month period, suspension of the permit for not more than two (2) weeks.
(iii) For a third offense occurring on the licensed premises within a twelve-month period, suspension or revocation of the permit for not more than three (3) weeks.
(iv) For a fourth or subsequent offense occurring on the licensed premises within a twelve-month period, revocation of the permit.
(b) A violation of subsection (1) of this section shall be sufficient to impose the administrative penalties authorized under this subsection. A criminal conviction is not required and the expunction of a conviction shall have no effect on these administrative penalties.
( * * *3) Any person under the age of twenty-one
(21) years who purchases, receives, or has in his or her possession in any
public place, any alcoholic beverages, shall be guilty of a misdemeanor and
shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor
more than Five Hundred Dollars ($500.00) * * *; however:
(a) Clearing or
busing tables that have glasses or other containers that contain or did contain
alcoholic beverages, or stocking, bagging or otherwise handling purchases of
alcoholic beverages shall not be deemed possession of alcoholic beverages for
the purposes of this section * * *; and
(b) A person who is at least eighteen (18) years of age but under the age of twenty-one (21) years who waits on tables by taking orders for or delivering orders of alcoholic beverages shall not be deemed to unlawfully possess or furnish alcoholic beverages if in the scope of his employment by the holder of an on-premises retailer's permit. This exception shall not authorize a person under the age of twenty-one (21) to tend bar or act in the capacity of bartender.
(4) Any person under the age of twenty-one (21) who knowingly makes a false statement to the effect that he or she is twenty-one (21) years old or older or presents any document that indicates he or she is twenty-one (21) years of age or older for the purpose of purchasing alcoholic beverages from any person engaged in the sale of alcoholic beverages shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), and a sentence to not more than thirty (30) days' community service.
* * * As used in this subsection,
"community service" * * * means
work, projects or services for the benefit of the community assigned,
supervised and recorded by appropriate public officials.
( * * *5) If a person under the age of twenty-one
(21) years is convicted or enters a plea of guilty of purchasing, receiving or
having in his or her possession in any public place any alcoholic beverages in
violation of subsections ( * * *3) and (4) of this section, the
trial judge, in lieu of the penalties otherwise provided under subsections
( * * *3)
and (4) of this section, shall suspend the minor's driver's license by
taking and keeping it in the custody of the court for a period of time not to
exceed ninety (90) days. The judge so ordering the suspension shall enter upon
his docket "DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ____ DAYS IN LIEU
OF CONVICTION" and such action by the trial judge shall not constitute a
conviction. During the period that the minor's driver's license is suspended,
the trial judge shall suspend the imposition of any fines or penalties that may
be imposed under subsections ( * * *3) and (4) of this section and
may place the minor on probation subject to such conditions as the judge deems
appropriate. If the minor violates any of the conditions of probation, then
the trial judge shall return the driver's license to the minor and impose the
fines, penalties or both, that he would have otherwise imposed, and such action
shall constitute a conviction.
SECTION 2. Section 67-1-83, Mississippi Code of 1972, is amended as follows:
67-1-83. (1) It shall be
unlawful for any permittee or * * * any employee or agent of the
permittee to sell or furnish any alcoholic beverage to any person who is
visibly intoxicated, or to any person who is known to habitually drink
alcoholic beverages to excess, or to any person who is known to be an habitual
user of narcotics or other habit-forming drugs. It shall also be unlawful for
the holder of any package retailer's permit to sell any alcoholic beverages
except by delivery in person to the purchaser at the place of business of the
permittee.
(2) It shall be unlawful
for any permittee or * * * any employee or agent of the permittee to sell or
furnish any alcoholic beverage to any person to whom the * * * department has, after
investigation, decided to prohibit the sale of those beverages because of an
appeal to the * * *
department so to do by the husband, wife, father, mother, brother,
sister, child, or employer of the person. The interdiction in those cases
shall last until removed by the * * * department, but no person
shall be held to have violated this subsection unless he has been informed by
the * * *
department, by registered letter, that it is forbidden to sell to that
individual or unless that fact is otherwise known to the permittee or * * * employee or agent of the
permittee.
(3) It shall be unlawful for any holder of a package retailer's permit, or any employee or agent thereof, engaged solely in the business of package retail sales under this chapter to sell or furnish any alcoholic beverage before 10:00 a.m. and after 10:00 p.m. or to sell alcoholic beverages on Sunday and Christmas Day.
(4) Any person who violates
any of the provisions of this section shall be guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not more than Five Hundred
Dollars ($500.00) or by imprisonment in the county jail for a term of not more
than six (6) months, or by both * * *, in the discretion
of the court. In addition, the commissioner shall immediately * * * suspend for one (1) week the
permit of * * * the premises where the violation occurred. If the permittee
or an agent or employee of the permittee violates the provisions of this
section for a second time on the premises where the first violation occurred
within twelve (12) months of the first violation, the commissioner may
immediately revoke the permit of the premises where the violation occurred.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.
