Senate Bill 2807

(As Sent to Governor)

AN ACT TO AMEND SECTION 67-1-7, MISSISSIPPI CODE OF 1972, TO RESTORE THE PROVISION OF LAW RESTRICTING THE AREAS IN WHICH THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES ARE PERMISSIBLE AND LAWFUL TO INCORPORATED MUNICIPALITIES, QUALIFIED RESORT AREAS AND CLUBS; TO PROVIDE THAT ANY PERMITS ISSUED BY THE DEPARTMENT OF REVENUE BETWEEN JULY 1, 2020, AND THE DAY BEFORE THE EFFECTIVE DATE OF THIS ACT FOR THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES, WHETHER OR NOT ISSUED TO PERMITTEES IN SUCH MUNICIPALITIES, QUALIFIED RESORT AREAS OR CLUBS, SHALL BE ELIGIBLE FOR RENEWAL ON OR AFTER JULY 1, 2021; 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, 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.

Beginning on the effective date of this act, except as otherwise provided in Section 67-1-51 for holders of a caterer'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 department, or (c) clubs within such counties, whether within a municipality or not. However, any permits issued by the department between July 1, 2020, and the day before the effective date of this act for the manufacture, sale and distribution of alcoholic beverages, whether or not issued to permittees in such municipalities, qualified resort areas or clubs, shall be eligible for renewal on or after the effective date of this act.

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 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. Moreover, the governing authorities of a municipality in which a qualified resort area defined under Section 67-1-5(o)(iii)5, 7 or 21 is located, the Pearl River Valley Water Supply District Board which governs the qualified resort area defined under Section 67-1-5(o)(iii)8.a.A, and the board of supervisors of the county in which the qualified resort area defined under Section 67-1-5(o)(iii)8.a.B and C is located, may, by ordinance or resolution, provide that package retailer's permits may be issued in the applicable qualified resort area, and that it shall be lawful to receive, store, sell, possess and distribute alcoholic beverages in accordance with such package retailer's permits.

SECTION 2. This act shall take effect and be in force from and after its passage.