Bill Text: MS SB2906 | 2019 | Regular Session | Introduced
Bill Title: Alcoholic beverages; legalize statewide and allow elections in counties to institute prohibition.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2906 Detail]
Download: Mississippi-2019-SB2906-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Tourism; Finance
By: Senator(s) Gollott, Younger
Senate Bill 2906
AN ACT TO AMEND SECTION 67-1-3, MISSISSIPPI CODE OF 1972, TO RENOUNCE PROHIBITION AS THE POLICY OF THIS STATE IN FAVOR OF THE LEGAL MANUFACTURE, SALE, DISTRIBUTION, POSSESSION AND TRANSPORTATION OF ALCOHOLIC BEVERAGES EXCEPT IN COUNTIES THAT VOTE TO INSTITUTE PROHIBITION AFTER HOLDING AN ELECTION ON THE MATTER; TO AMEND SECTIONS 67-1-7, 67-1-9, 67-1-11, 67-1-13, 67-1-14, 67-1-15, 67-1-51, 67-1-57, 67-1-85, 67-1-91, 67-9-1, 27-71-15 AND 97-31-47, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-3, Mississippi Code of 1972, is amended as follows:
67-1-3. From and after
January 1, 2020, the policy of this state is * * * declared
to be a renunciation of prohibition in favor of the legal manufacture,
sale, distribution, possession and transportation of intoxicating liquor; and
the provisions against such manufacture, sale, distribution, possession and transportation
of * * * alcoholic
beverages in this state, except in counties that vote to institute prohibition
after holding an election on the matter. The purpose and intent of this
chapter is to * * * provide the laws under which alcoholic beverages may be
legally sold, manufactured, possessed and distributed in this state.
All laws and parts of laws
in conflict with this chapter are repealed only to the extent of such conflict;
however, except as is provided in this chapter, all laws prohibiting the
manufacture, sale, distribution and possession of alcoholic beverages, which are
not in conflict with this chapter shall remain in full force and effect * * *
in counties * * * wherein a prohibition on the manufacture,
sale, distribution and possession of alcoholic beverages * * * shall hereafter be
authorized as a result of an election held * * * after January 1, 2020, as * * * provided in this chapter.
SECTION 2. Section 67-1-7, Mississippi Code of 1972, is amended as follows:
67-1-7. (1) Except as
otherwise provided in * * *
this chapter, the manufacture, sale, distribution, possession and
transportation of alcoholic beverages shall be lawful * * *
in this state * * *, except in such counties
that vote to institute prohibition after holding an election on the matter as
provided in this chapter. 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. 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.
(2) Notwithstanding the
foregoing, within any state park or any state park facility that has been
declared a qualified resort area by the commission, 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 * * * to
institute prohibition, 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 3. Section 67-1-9, Mississippi Code of 1972, is amended as follows:
67-1-9. (1) It shall be unlawful for any person to manufacture, distill, brew, sell, possess, import into this state, export from the state, transport, distribute, warehouse, store, solicit, take order for, bottle, rectify, blend, treat, mix or process any alcoholic beverage except as authorized in this chapter. However, nothing contained herein shall prevent importers, wineries and distillers of alcoholic beverages from storing such alcoholic beverages in private bonded warehouses located within the State of Mississippi for the ultimate use and benefit of the Department of Revenue as provided in Section 67-1-41. The department is hereby authorized to promulgate rules and regulations for the establishment of such private bonded warehouses and for the control of alcoholic beverages stored in such warehouses. Additionally, nothing herein contained shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession, or prevent any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution. Any drugstore employing a licensed pharmacist may possess and use alcoholic liquors in the combination of prescriptions of duly licensed physicians. The possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church shall not be prohibited by this chapter.
(2) Any person, upon conviction of any provision of this section, shall be punished as follows:
(a) By a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than one (1) week nor more than three (3) months, or both, for the first conviction under this section.
(b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail not less than sixty (60) days, nor more than six (6) months, or both fine and imprisonment, for the second conviction for violating this section.
(c) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the State Penitentiary not less than one (1) year, nor more than five (5) years, or both fine and imprisonment, for conviction the third time under this section for the violation thereof after having been twice convicted of its violation.
(3) Nothing in this * * * chapter shall make it unlawful
to transport bottles or containers of alcoholic beverages that are legally
purchased in this state if the bottles or containers are unopened and are being
transported on state or federal highway.
SECTION 4. Section 67-1-11, Mississippi Code of 1972, is amended as follows:
67-1-11. (1)
Notwithstanding any provision of this chapter, * * * prohibition may be instituted in
a county by an election called and held in * * * the county * * *
as provided in this section.
(2) Upon presentation and
filing of a * * *
petition requesting * * * that prohibition be instituted in the county signed by
at least twenty percent (20%) or fifteen hundred (1,500), whichever number is
the lesser, of the qualified electors of the county, it shall be the duty of
the board of supervisors to call an election at which there shall be submitted
to the qualified electors of the county the question of whether or not the
sale, distribution and possession of alcoholic liquors shall be * * * prohibited in * * * the county * * *. * * * The election shall be held and
conducted by the county election commissioners on a date fixed by the order of
the board of supervisors, which date shall not be more than sixty (60) days
from the date of the filing of * * * the petition. Notice * * * of the election shall be given
by publishing * * *
notice once each week for at least three (3) consecutive weeks in some
newspaper published in * * * the county or, if no newspaper * * * is published * * * in the county, by * * * publication in a newspaper in an adjoining
county and having a general circulation in the county * * *. The election shall be held not
earlier than fifteen (15) days from the first publication of * * * the notice.
(3) * * * The election shall be held and
conducted as far as may be possible in the same manner as is provided by law
for the holding of general elections. The ballots used * * * at the election shall contain a
brief statement of the proposition submitted and, on separate lines, the words
"I vote * * * to continue to allow the
manufacture, sale, distribution and possession of alcoholic beverages in
________ County ( )" "I vote * * * to
prohibit the manufacture, sale, distribution and possession of alcoholic
beverages in ________ County ( )" with appropriate boxes in which the
voters may express their choice. All qualified electors may vote by marking
the ballot with a cross (x) or check (√) mark opposite the words of their
choice.
(4) The election
commissioners shall canvass and determine the results of * * * the election, and shall certify * * * the results to the board of
supervisors which shall adopt and spread upon its minutes an order declaring * * * the results. If, * * * at the election, a majority of
the qualified electors participating * * * in the election vote in * * * against
prohibiting the manufacture, sale, distribution and possession of alcoholic
beverages, * * * the
manufacture, sale, distribution and possession of alcoholic beverages therein
shall * * * remain
lawful * * * in the county. If, on the
other hand, a majority of the qualified electors participating in the election * * * vote * * * in favor of
prohibiting the manufacture, sale, distribution and possession of alcoholic
beverages, * * *
all laws prohibiting and regulating the manufacture, sale, distribution and
possession of intoxicating liquor shall * * * be in full force and effect * * *
in the county. In either case, no further election shall be held in * * * the county under the provisions of
this chapter for a period of two (2) years from the date of the prior election
and then only upon the filing of a petition requesting * * * the election signed by at least
twenty percent (20%) or fifteen hundred (1,500), whichever number is the
lesser, of the qualified electors of the county * * *.
SECTION 5. Section 67-1-13, Mississippi Code of 1972, is amended as follows:
67-1-13. (1) When * * *
prohibition has been instituted in any county as a result of an election
called and held as provided in Section 67-1-11, the * * *
manufacture, sale, distribution, possession and transportation of alcoholic
beverages in the county may be allowed by an election called and held upon
a petition filed with the board of supervisors requesting * * * the election signed by at least
twenty percent (20%) or fifteen hundred (1500), whichever number is the lesser,
of the qualified electors of the county as is otherwise provided in Section 67-1-11,
all of the provisions of which shall be fully applicable * * *. However, nothing * * * in this section shall authorize
or permit the calling and holding of any election under this chapter in any
county more often than once every two (2) years. If in * * * the election, a majority of the
qualified electors participating * * * vote * * *
in favor of allowing the manufacture, sale, distribution, possession and
transportation of alcoholic beverages in the county, then the * * * manufacture, sale, distribution,
possession and transportation of alcoholic beverages in the county shall be
allowed in * * *
the county.
(2) Notwithstanding an
election * * *instituting prohibition * * * in a * * * county, the
holder of a native wine producer's permit or a native wine retailer's permit is
allowed to continue to operate under * * * those permits and to renew * * * those permits. Possession of native
wines and personal property related to the activities of the native wine permit
holder which would otherwise be unlawful * * * in the county shall
be allowed subject to regulations of the Alcoholic Beverage Control Division.
SECTION 6. Section 67-1-14, Mississippi Code of 1972, is amended as follows:
67-1-14. (1) * * * A municipality
located in a county which has voted * * * to institute prohibition under Section 67-1-11 may allow the
manufacture, sale, distribution, possession and transportation of alcoholic
beverages in the municipality by an election * * * called and held in * * * the municipality in the manner and
with the results hereinafter provided.
(2) (a) Any municipality
in this state having a population of not less than five thousand (5,000)
according to the latest federal census and which is located in a county
which has voted * * * to institute
prohibition, or any municipality that is a county seat and which is located
in a county which has voted * * * to
institute prohibition, may, at an election held for the purpose under the
election laws applicable to * * * the municipality, either allow
or prohibit * * * the manufacture, sale, distribution, possession and
transportation of alcoholic beverages in the municipality, except as
otherwise provided under Section 67-9-1 * * *. An election to
determine whether * * * the manufacture,
sale, distribution, possession and transportation of alcoholic beverages shall
be allowed in * * * a
municipality located in a county that has voted to institute prohibition
shall be ordered by the municipal governing authorities upon the presentation
of a petition to * * *
the governing authorities containing the names of at least twenty
percent (20%) of the duly qualified voters of * * * the municipality asking for such
election. In like manner, an election to determine whether such sale and
possession shall be prohibited in municipalities wherein its sale is permitted
by law shall be ordered by the municipal governing authorities upon the
presentation of a petition to * * * the governing authorities
containing the names of at least twenty percent (20%) of the duly qualified
voters of * * *
the municipality asking for * * * the election. No election on
either question shall be held by any one (1) municipality more often than once
in two (2) years.
Thirty (30) days' notice
shall be given to the qualified electors of such municipality, in the manner
prescribed by law, upon the question of either * * * allowing or prohibiting * * * the
manufacture, sale, distribution, possession and transportation of alcoholic beverages
in the municipality. The notice * * * shall contain a statement of the
question to be voted on at the election. The ballots to be used in the
election shall have the following words printed thereon: "For the legal
sale of alcoholic liquors" and the words "Against the legal sale of
alcoholic liquors" next below. In marking his ballot the voter shall make
a cross (X) opposite the words of his choice.
If in the election a majority of the qualified electors voting in the election shall vote "for the legal sale of alcoholic liquors," then the municipal governing authorities shall pass the necessary order permitting the legal sale of such alcoholic beverages in such municipality. If in the election a majority of the qualified electors voting in the election shall vote "against the legal sale of alcoholic liquors," then the municipal governing authorities shall pass the necessary order prohibiting the sale of alcoholic beverages in such municipality.
(b) The provisions of this subsection shall also apply to any municipality having a population of not less than six thousand (6,000) according to the latest federal census, a portion of which is located in a county which has voted against coming out from under the dry law and a portion of which is located in a county which has voted in favor of coming out from under the dry law. For the purpose of determining whether or not such a municipality meets the threshold population of six thousand (6,000) which will qualify the municipality to hold an election under this subsection, the entire population of the municipality shall be considered; however, the petition to hold the election authorized in this subsection shall be ordered by the municipal governing authorities upon the presentation of a petition to such governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of such municipality who reside in that portion of the municipality located in a county which has voted against coming out from under the dry law and the election shall be held only in that portion of the municipality. In all other respects, the authority for the holding of elections and the manner in which such elections shall be conducted shall be as prescribed in paragraph (a) of this subsection; and, after proper certification of election results, the municipal governing
authorities shall pass the appropriate order to permit or prohibit the legal sale of alcoholic beverages in that portion of the municipality located in a county which has voted against coming out from under the dry law.
* * *
SECTION 7. Section 67-1-15, Mississippi Code of 1972, is amended as follows:
67-1-15. In any county having two (2)
judicial districts, each such judicial district shall be construed to be a
political subdivision or subdivision of government on the same basis as a
county, and as such, a judicial district will be entitled to all of the rights,
privileges, and immunities as a county for the purposes of * * *
instituting prohibition under the provisions of this
chapter.
SECTION 8. Section 67-1-51, Mississippi Code of 1972, is amended as follows:
67-1-51. (1) Permits which may be issued by the department shall be as follows:
(a) Manufacturer's permit. A manufacturer's permit shall permit the manufacture, importation in bulk, bottling and storage of alcoholic liquor and its distribution and sale to manufacturers holding permits under this chapter in this state and to persons outside the state who are authorized by law to purchase the same, and to sell exclusively to the department.
Manufacturer's permits shall be of the following classes:
Class 1. Distiller's and/or rectifier's permit, which shall authorize the holder thereof to operate a distillery for the production of distilled spirits by distillation or redistillation and/or to operate a rectifying plant for the purifying, refining, mixing, blending, flavoring or reducing in proof of distilled spirits and alcohol.
Class 2. Wine manufacturer's permit, which shall authorize the holder thereof to manufacture, import in bulk, bottle and store wine or vinous liquor.
Class 3. Native wine producer's permit, which shall authorize the holder thereof to produce, bottle, store and sell native wines.
(b) Package retailer's permit. Except as otherwise provided in this paragraph and Section 67-1-52, a package retailer's permit shall authorize the holder thereof to operate a store exclusively for the sale at retail in original sealed and unopened packages of alcoholic beverages, including native wines, not to be consumed on the premises where sold. Alcoholic beverages shall not be sold by any retailer in any package or container containing less than fifty (50) milliliters by liquid measure. A package retailer's permit, with prior approval from the department, shall authorize the holder thereof to sample new product furnished by a manufacturer's representative or his employees at the permitted place of business so long as the sampling otherwise complies with this chapter and applicable department regulations. Such samples may not be provided to customers at the permitted place of business. In addition to the sale at retail of packages of alcoholic beverages, the holder of a package retailer's permit is authorized to sell at retail corkscrews, wine glasses, soft drinks, ice, juices, mixers and other beverages commonly used to mix with alcoholic beverages. Nonalcoholic beverages sold by the holder of a package retailer's permit shall not be consumed on the premises where sold.
(c) On-premises
retailer's permit. Except as otherwise provided in subsection (5) of this
section, an on-premises retailer's permit shall authorize the sale of alcoholic
beverages, including native wines, for consumption on the licensed premises
only; however, a patron of the permit holder may remove one (1) bottle of wine
from the licensed premises if: (i) the patron consumed a portion of the bottle
of wine in the course of consuming a meal purchased on the licensed premises;
(ii) the permit holder securely reseals the bottle; (iii) the bottle is placed
in a bag that is secured in a manner so that it will be visibly apparent if the
bag is opened; and (iv) a dated receipt for the wine and the meal is
available. Such a permit shall be issued only to qualified hotels, restaurants
and clubs, and to common carriers with adequate facilities for serving
passengers. In resort areas, whether inside or outside of a municipality, the
department, in its discretion, may issue on-premises retailer's permits to such
establishments as it deems proper. An on-premises retailer's permit when
issued to a common carrier shall authorize the sale and serving of alcoholic
beverages aboard any licensed vehicle while moving through any county of the
state; however, the sale of such alcoholic beverages shall not be permitted
while such vehicle is stopped in a county that has * * * instituted
prohibition. If an on-premises retailer's permit is applied for by a common
carrier operating solely in the water, such common carrier must, along with all
other qualifications for a permit, (i) be certified to carry at least one
hundred fifty (150) passengers and/or provide overnight accommodations for at
least fifty (50) passengers and (ii) operate primarily in the waters within the
State of Mississippi which lie adjacent to the State of Mississippi south of
the three (3) most southern counties in the State of Mississippi and/or on the
Mississippi River or navigable waters within any county bordering on the
Mississippi River.
(d) Solicitor's permit. A solicitor's permit shall authorize the holder thereof to act as salesman for a manufacturer or wholesaler holding a proper permit, to solicit on behalf of his employer orders for alcoholic beverages, and to otherwise promote his employer's products in a legitimate manner. Such a permit shall authorize the representation of and employment by one (1) principal only. However, the permittee may also, in the discretion of the department, be issued additional permits to represent other principals. No such permittee shall buy or sell alcoholic beverages for his own account, and no such beverage shall be brought into this state in pursuance of the exercise of such permit otherwise than through a permit issued to a wholesaler or manufacturer in the state.
(e) Native wine retailer's permit. Except as otherwise provided in subsection (5) of this section, a native wine retailer's permit shall be issued only to a holder of a Class 3 manufacturer's permit, and shall authorize the holder thereof to make retail sales of native wines to consumers for on-premises consumption or to consumers in originally sealed and unopened containers at an establishment located on the premises of or in the immediate vicinity of a native winery.
(f) Temporary retailer's permit. Except as otherwise provided in subsection (5) of this section, a temporary retailer's permit shall permit the purchase and resale of alcoholic beverages, including native wines, during legal hours on the premises described in the temporary permit only.
Temporary retailer's permits shall be of the following classes:
Class 1. A temporary one-day permit may be issued to bona fide nonprofit civic or charitable organizations authorizing the sale of alcoholic beverages, including native wine, for consumption on the premises described in the temporary permit only. Class 1 permits may be issued only to applicants demonstrating to the department, by a statement signed under penalty of perjury submitted ten (10) days prior to the proposed date or such other time as the department may determine, that they meet the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all alcoholic beverages from package retailers located in the county in which the temporary permit is issued. Alcoholic beverages remaining in stock upon expiration of the temporary permit may be returned by the permittee to the package retailer for a refund of the purchase price upon consent of the package retailer or may be kept by the permittee exclusively for personal use and consumption, subject to all laws pertaining to the illegal sale and possession of alcoholic beverages. The department, following review of the statement provided by the applicant and the requirements of the applicable statutes and regulations, may issue the permit.
Class 2. A temporary permit, not to exceed seventy (70) days, may be issued to prospective permittees seeking to transfer a permit authorized in paragraph (c) of this subsection. A Class 2 permit may be issued only to applicants demonstrating to the department, by a statement signed under the penalty of perjury, that they meet the qualifications of Sections 67-1-5(l), (m), (n), (o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 67-1-59. The department, following a preliminary review of the statement provided by the applicant and the requirements of the applicable statutes and regulations, may issue the permit.
Class 2 temporary permittees must purchase their alcoholic beverages directly from the department or, with approval of the department, purchase the remaining stock of the previous permittee. If the proposed applicant of a Class 1 or Class 2 temporary permit falsifies information contained in the application or statement, the applicant shall never again be eligible for a retail alcohol beverage permit and shall be subject to prosecution for perjury.
Class 3. A temporary one-day permit may be issued to a retail establishment authorizing the complimentary distribution of wine, including native wine, to patrons of the retail establishment at an open house or promotional event, for consumption only on the premises described in the temporary permit. A Class 3 permit may be issued only to an applicant demonstrating to the department, by a statement signed under penalty of perjury submitted ten (10) days before the proposed date or such other time as the department may determine, that it meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. A Class 3 permit holder shall obtain all alcoholic beverages from the holder(s) of a package retailer's permit located in the county in which the temporary permit is issued. Wine remaining in stock upon expiration of the temporary permit may be returned by the Class 3 temporary permit holder to the package retailer for a refund of the purchase price, with consent of the package retailer, or may be kept by the Class 3 temporary permit holder exclusively for personal use and consumption, subject to all laws pertaining to the illegal sale and possession of alcoholic beverages. The department, following review of the statement provided by the applicant and the requirements of the applicable statutes and regulations, may issue the permit. No retailer may receive more than twelve (12) Class 3 temporary permits in a calendar year. A Class 3 temporary permit shall not be issued to a retail establishment that either holds a merchant permit issued under paragraph (l) of this subsection, or holds a permit issued under Chapter 3, Title 67, Mississippi Code of 1972, authorizing the holder to engage in the business of a retailer of light wine or beer.
(g) Caterer's
permit. A caterer's permit shall permit the purchase of alcoholic
beverages by a person engaging in business as a caterer and the resale of
alcoholic beverages by such person in conjunction with such catering business.
No person shall qualify as a caterer unless forty percent (40%) or more of the
revenue derived from such catering business shall be from the serving of
prepared food and not from the sale of alcoholic beverages and unless such
person has obtained a permit for such business from the Department of Health.
A caterer's permit shall not authorize the sale of alcoholic beverages on the
premises of the person engaging in business as a caterer; however, the holder
of an on-premises retailer's permit may hold a caterer's permit. When the
holder of an on-premises retailer's permit or an affiliated entity of the
holder also holds a caterer's permit, the caterer's permit shall not authorize
the service of alcoholic beverages on a consistent, recurring basis at a separate,
fixed location owned or operated by the caterer, on-premises retailer or
affiliated entity and an on-premises retailer's permit shall be required for
the separate location. All sales of alcoholic beverages by holders of a
caterer's permit shall be made at the location being catered by the caterer,
and, except as otherwise provided in subsection (5) of this section, such sales
may be made only for consumption at the catered location. The location being
catered may be anywhere within a county or judicial district that has * * * not instituted prohibition. * * * The sales shall be made pursuant
to any other conditions and restrictions which apply to sales made by on-premises
retail permittees. The holder of a caterer's permit or his employees shall
remain at the catered location as long as alcoholic beverages are being sold
pursuant to the permit issued under this paragraph (g), and the permittee shall
have at the location the identification card issued by the Alcoholic Beverage
Control Division of the department. No unsold alcoholic beverages may be left
at the catered location by the permittee upon the conclusion of his business at
that location. Appropriate law enforcement officers and Alcoholic Beverage
Control Division personnel may enter a catered location on private property in
order to enforce laws governing the sale or serving of alcoholic beverages.
(h) Research permit. A research permit shall authorize the holder thereof to operate a research facility for the professional research of alcoholic beverages. Such permit shall authorize the holder of the permit to import and purchase limited amounts of alcoholic beverages from the department or from importers, wineries and distillers of alcoholic beverages for professional research.
(i) Alcohol processing permit. An alcohol processing permit shall authorize the holder thereof to purchase, transport and possess alcoholic beverages for the exclusive use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient. An alcohol processing permit shall not authorize the sale of alcoholic beverages on the premises of the person engaging in the business of cooking, processing or manufacturing products which contain alcoholic beverages. The amounts of alcoholic beverages allowed under an alcohol processing permit shall be set by the department.
(j) Hospitality cart permit. A hospitality cart permit shall authorize the sale of alcoholic beverages from a mobile cart on a golf course that is the holder of an on-premises retailer's permit. The alcoholic beverages sold from the cart must be consumed within the boundaries of the golf course.
(k) Special service permit. A special service permit shall authorize the holder to sell commercially sealed alcoholic beverages to the operator of a commercial or private aircraft for en route consumption only by passengers. A special service permit shall be issued only to a fixed-base operator who contracts with an airport facility to provide fueling and other associated services to commercial and private aircraft.
(l) Merchant permit. Except as otherwise provided in subsection (5) of this section, a merchant permit shall be issued only to the owner of a spa facility, an art studio or gallery, or a cooking school, and shall authorize the holder to serve complimentary by the glass wine only, including native wine, at the holder's spa facility, art studio or gallery, or cooking school. A merchant permit holder shall obtain all wine from the holder of a package retailer's permit.
(m) Temporary
alcoholic beverages charitable auction permit. A temporary permit, not to
exceed five (5) days, may be issued to a qualifying charitable nonprofit
organization that is exempt from taxation under Section 501(c)(3) or (4) of the
Internal Revenue Code of 1986. The permit shall authorize the holder to sell
alcoholic beverages for the limited purpose of raising funds for the
organization during a live or silent auction that is conducted by the
organization and that meets the following requirements: (i) the auction is
conducted in an area of the state where * * * prohibition
has not been instituted; (ii) if the auction is conducted on the premises
of an on-premises retailer's permit holder, then the alcoholic beverages to be
auctioned must be stored separately from the alcoholic beverages sold, stored
or served on the premises, must be removed from the premises immediately
following the auction, and may not be consumed on the premises; (iii) the
permit holder may not conduct more than two (2) auctions during a calendar
year; (iv) the permit holder may not pay a commission or promotional fee to any
person to arrange or conduct the auction.
(n) Event venue retailer's permit. An event venue retailer's permit shall authorize the holder thereof to purchase and resell alcoholic beverages, including native wines, for consumption on the premises during legal hours during events held on the licensed premises if food is being served at the event by a caterer who is not affiliated with or related to the permittee. The caterer must serve at least three (3) entrees. The permit may only be issued for venues that can accommodate two hundred (200) persons or more. The number of persons a venue may accommodate shall be determined by the local fire department and such determination shall be provided in writing and submitted along with all other documents required to be provided for an on-premises retailer's permit. The permittee must derive the majority of its revenue from event-related fees, including, but not limited to, admission fees or ticket sales for live entertainment in the building. "Event-related fees" do not include alcohol, beer or light wine sales or any fee which may be construed to cover the cost of alcohol, beer or light wine. This determination shall be made on a per event basis. An event may not last longer than two (2) consecutive days per week.
(o) Temporary theatre permit. A temporary theatre permit, not to exceed five (5) days, may be issued to a charitable nonprofit organization that is exempt from taxation under Section 501(c)(3) or (4) of the Internal Revenue Code and owns or operates a theatre facility that features plays and other theatrical performances and productions. Except as otherwise provided in subsection (5) of this section, the permit shall authorize the holder to sell alcoholic beverages, including native wines, to patrons of the theatre during performances and productions at the theatre facility for consumption during such performances and productions on the premises of the facility described in the permit. A temporary theatre permit holder shall obtain all alcoholic beverages from package retailers located in the county in which the permit is issued. Alcoholic beverages remaining in stock upon expiration of the temporary theatre permit may be returned by the permittee to the package retailer for a refund of the purchase price upon consent of the package retailer or may be kept by the permittee exclusively for personal use and consumption, subject to all laws pertaining to the illegal sale and possession of alcoholic beverages.
(p) Charter ship operator's permit. Subject to the provisions of this paragraph (p), a charter ship operator's permit shall authorize the holder thereof and its employees to serve, monitor, store and otherwise control the serving and availability of alcoholic beverages to customers of the permit holder during private charters under contract provided by the permit holder. A charter ship operator's permit shall authorize such action by the permit holder and its employees only as to alcoholic beverages brought onto the permit holder's ship by customers of the permit holder as part of such a private charter. All such alcoholic beverages must be removed from the charter ship at the conclusion of each private charter. A charter ship operator's permit shall not authorize the permit holder to sell, charge for or otherwise supply alcoholic beverages to customers, except as authorized in this paragraph (p). For the purposes of this paragraph (p), "charter ship operator" means a common carrier that (i) is certified to carry at least one hundred fifty (150) passengers and/or provide overnight accommodations for at least fifty (50) passengers, (ii) operates only in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, and (iii) provides charters under contract for tours and trips in such waters.
(q) Distillery retailer's permit. The holder of a Class 1 manufacturer's permit may obtain a distillery retailer's permit. A distillery retailer's permit shall authorize the holder thereof to sell at retail alcoholic beverages by the sealed and unopened bottle from a retail location at the distillery for off-premises consumption. The holder may only sell product manufactured by the manufacturer at the distillery described in the permit. The holder shall not sell at retail more than ten percent (10%) of the alcoholic beverages produced annually at its distillery. The holder shall not make retail sales of more than two and twenty-five one-hundredths (2.25) liters, in the aggregate, of the alcoholic beverages produced at its distillery to any one (1) individual for consumption off the premises of the distillery within a twenty-four-hour period. The hours of sale shall be the same as those hours for package retailers under this chapter. The holder of a distillery retailer's permit is not required to purchase the alcoholic beverages authorized to be sold by this paragraph from the department's liquor distribution warehouse; however, if the holder does not purchase the alcoholic beverages from the department's liquor distribution warehouse, the holder shall pay to the department all taxes, fees and surcharges on the alcoholic beverages that are imposed upon the sale of alcoholic beverages shipped by the Alcoholic Beverage Control Division of the Department of Revenue. In addition to alcoholic beverages, the holder of a distillery retailer's permit may sell at retail promotional products from the same retail location, including shirts, hats, glasses, and other promotional products customarily sold by alcoholic beverage manufacturers.
(2) Except as otherwise provided in subsection (4) of this section, retail permittees may hold more than one (1) retail permit, at the discretion of the department.
(3) Except as otherwise provided in this subsection, no authority shall be granted to any person to manufacture, sell or store for sale any intoxicating liquor as specified in this chapter within four hundred (400) feet of any church, school, kindergarten or funeral home. However, within an area zoned commercial or business, such minimum distance shall be not less than one hundred (100) feet.
A church or funeral home may waive the distance restrictions imposed in this subsection in favor of allowing issuance by the department of a permit, pursuant to subsection (1) of this section, to authorize activity relating to the manufacturing, sale or storage of alcoholic beverages which would otherwise be prohibited under the minimum distance criterion. Such waiver shall be in written form from the owner, the governing body, or the appropriate officer of the church or funeral home having the authority to execute such a waiver, and the waiver shall be filed with and verified by the department before becoming effective.
The distance restrictions imposed in this subsection shall not apply to the sale or storage of alcoholic beverages at a bed and breakfast inn listed in the National Register of Historic Places or to the sale or storage of alcoholic beverages in a historic district that is listed in the National Register of Historic Places, is a qualified resort area and is located in a municipality having a population greater than one hundred thousand (100,000) according to the latest federal decennial census.
(4) No person, either individually or as a member of a firm, partnership, limited liability company or association, or as a stockholder, officer or director in a corporation, shall own or control any interest in more than one (1) package retailer's permit, nor shall such person's spouse, if living in the same household of such person, any relative of such person, if living in the same household of such person, or any other person living in the same household with such person own any interest in any other package retailer's permit.
(5) (a) In addition to any other authority granted under this section, the holder of a permit issued under subsection (1)(c), (e), (f), (g), (l), (n) and/or (o) of this section may sell or otherwise provide alcoholic beverages and/or wine to a patron of the permit holder in the manner authorized in the permit and the patron may remove an open glass, cup or other container of the alcoholic beverage and/or wine from the licensed premises and may possess and consume the alcoholic beverage or wine outside of the licensed premises if: (i) the licensed premises is located within a leisure and recreation district created under Section 67-1-101 and (ii) the patron remains within the boundaries of the leisure and recreation district while in possession of the alcoholic beverage or wine.
(b) Nothing in this subsection shall be construed to allow a person to bring any alcoholic beverages into a permitted premises except to the extent otherwise authorized by this chapter.
SECTION 9. Section 67-1-57, Mississippi Code of 1972, is amended as follows:
67-1-57. Before a permit is issued the department shall satisfy itself:
(a) That the applicant, if an individual, or if a partnership, each of the members of the partnership, or if a corporation, each of its principal officers and directors, or if a limited liability company, each member of the limited liability company, is of good moral character and, in addition, enjoys a reputation of being a peaceable, law-abiding citizen of the community in which he resides, and is generally fit for the trust to be reposed in him, is not less than twenty-one (21) years of age, and has not been convicted of a felony in any state or federal court.
(b) That, except in the case of an application for a solicitor's permit, the applicant is the true and actual owner of the business for which the permit is desired, and that he intends to carry on the business authorized for himself and not as the agent of any other person, and that he intends to superintend in person the management of the business or that he will designate a manager to manage the business for him. All managers must be approved by the department prior to completing any managerial tasks on behalf of the permittee and must possess all of the qualifications required of a permittee; however, a felony conviction, other than a crime of violence, does not automatically disqualify a person from being approved as a manager if the person was released from incarceration at least three (3) years prior to application for approval as a manager. A felony conviction, other than a crime of violence, may be considered by the department in determining whether all other qualifications are met.
(c) That the applicant for a package retailer's permit, if an individual, is a resident of the State of Mississippi. If the applicant is a partnership, each member of the partnership must be a resident of the state. If the applicant is a limited liability company, each member of the limited liability company must be a resident of the state. If the applicant is a corporation, the designated manager of the corporation must be a resident of the state.
(d) That the place for which the permit is to be issued is an appropriate one considering the character of the premises and the surrounding neighborhood.
(e) That the place for which the permit is to be issued is within the corporate limits of an incorporated municipality or qualified resort area or club which comes within the provisions of this chapter.
(f) That the applicant
is not indebted to the state for any taxes, fees or payment of penalties
imposed by any law of the State of Mississippi or by any rule or regulation of
the * * *
department.
(g) That the applicant is not in the habit of using alcoholic beverages to excess and is not physically or mentally incapacitated, and that the applicant has the ability to read and write the English language.
(h) That the * * * department does not believe
and has no reason to believe that the applicant will sell or knowingly permit
any agent, servant or employee to unlawfully sell liquor in * * * an area in which prohibition is
instituted or in any other manner contrary to law.
(i) That the applicant is not residentially domiciled with any person whose permit or license has been cancelled for cause within the twelve (12) months next preceding the date of the present application for a permit.
(j) That the * * * department has not, in the
exercise of its discretion which is reserved and preserved to it, refused to
grant permits under the restrictions of this section, as well as under any
other pertinent provision of this chapter.
(k) That there are not
sufficient legal reasons to deny a permit on the ground that the premises for
which the permit is sought has previously been operated, used or frequented for
any purpose or in any manner that is lewd, immoral or offensive to public
decency. In the granting or withholding of any permit to sell alcoholic
beverages at retail, the * * * commission department in forming its conclusions may
give consideration to any recommendations made in writing by the district or
county attorney or county, circuit or chancery judge of the county, or the
sheriff of the county, or the mayor or chief of police of an incorporated city
or town wherein the applicant proposes to conduct his business and to any
recommendations made by representatives of the * * * department.
(l) That the applicant
and the applicant's key employees, as determined by the * * * department, do not have a
disqualifying criminal record. In order to obtain a criminal record
history check, the applicant shall submit to the * * * department a set of
fingerprints from any local law enforcement agency for each person for whom the
records check is required. The * * * department shall forward the
fingerprints to the Mississippi Department of Public Safety. If no
disqualifying record is identified at the state level, the Department of Public
Safety shall forward the fingerprints to the Federal Bureau of Investigation
for a national criminal history record check. Costs for processing the set or
sets of fingerprints shall be borne by the applicant. The * * * department shall not deny
employment to an employee of the applicant prior to the identification of a
disqualifying record or other disqualifying information.
SECTION 10. Section 67-1-85, Mississippi Code of 1972, is amended as follows:
67-1-85. (1) The holder of a package retailer's permit may have signs, lighted or otherwise, on the outside of the premises covered by his permit which advertise, announce or advise of the sale of alcoholic beverages in or on said premises. Wherever the sign is located on the premises, the name of the business shall also include the permit number thereof, preceded by the words "A.B.C. Permit No."
(2) It shall be lawful to advertise alcoholic beverages by means of signs, billboards or displays on or along any road, highway, street or building.
(3) It shall be lawful for publishers, broadcasters and other kinds, types or forms of public and private advertising media to advertise alcoholic beverages; however, no alcoholic beverages may be advertised during, or within five (5) minutes preceding or following, any television broadcast which consists primarily of animated material intended for viewing by young children.
(4) Notwithstanding the
provisions of this section to the contrary, it shall be unlawful to advertise
alcoholic beverages by means of signs, billboards or displays in * * * areas in which prohibition is instituted.
SECTION 11. Section 67-1-91, Mississippi Code of 1972, is amended as follows:
67-1-91. (1) It is hereby
made the duty of every police and peace officer and every district and county
attorney and the Alcoholic Beverage Control Division of the * * * Department of Revenue
to enforce the provisions of this chapter and to inform against and diligently
prosecute persons whom they have reasonable cause to believe to be offenders
against the provisions * * * of this chapter. Every * * * officer refusing or neglecting to do so
shall be guilty of a misdemeanor, and the court, in addition to imposing the
penalty therefor, shall adjudge forfeiture of his office.
(2) In any county or municipality
where it is readily apparent that local law enforcement authorities in
cooperation with the agents and inspectors provided by the * * * department cannot control
the illegal sale of alcoholic beverages, the * * * department shall request
such assistance as it may deem necessary from the Mississippi Highway Safety
Patrol; and it shall be the duty of the Governor of the State of Mississippi to
see that the laws of the state are properly enforced by use of the additional
authority as herein provided.
(3) The officers, agents
and representatives of the * * * Department of Revenue
and the Alcoholic Beverage Control Division thereof are authorized and directed
to strictly enforce the * * * prohibition laws provisions of this chapter throughout
the state * * *. The State Highway Patrol, sheriffs, police
departments, constables, and all peace officers, and prosecuting attorneys, the
Attorney General's office, district attorneys, county attorneys, city
attorneys, and all others charged with upholding the law, as well as the
citizenry of this state, are hereby urged and directed to uphold the dignity of
the law, to foster public respect therefor and to strictly enforce * * * this
chapter in all cases while operating a motor vehicle on the streets and
highways of this state, and to enforce the law and prosecute against the wrongful
use of intoxicating liquor in any county * * * by a permit holder or licensee
or anyone else under such circumstances and conditions as would lead to a
breakdown in public law or is violative of the public sense of common decency,
as well as to enforce the law against gambling, organized crime, or social vice
and corruption.
SECTION 12. Section 67-9-1, Mississippi Code of 1972, is amended as follows:
67-9-1. Notwithstanding the
provisions of any section of Title 27 or 67, Mississippi Code of 1972, it shall
be lawful for any person holding an alcohol processing permit to transport and
possess alcoholic beverages, light wine and beer, in any part of the state, for
his or her use in cooking, processing or manufacturing products which contain
alcoholic beverages as an integral ingredient, in amounts as limited by the
Alcoholic Beverage Control Division of the * * * Department of Revenue.
The authority to transport and possess alcoholic beverages, light wine and beer
under this section exists regardless of whether (a) the county * * * in which the transportation or
possession takes place has voted * * *
to institute prohibition, or (b) the transportation, storage, sale,
distribution, receipt or manufacture of light wine and beer otherwise is
prohibited.
The provisions of this section shall not be construed as amending, repealing or otherwise affecting any statute or any lawfully adopted ordinance, rule or regulation that prohibits or restricts the location at which, or the premises upon which, alcoholic beverages, light wine or beer may be sold or consumed.
SECTION 13. Section 27-71-15, Mississippi Code of 1972, is amended as follows:
27-71-15. Except as
otherwise provided in Section 67-9-1 for the transportation of limited amounts
of alcoholic beverages for the use of an alcohol processing permittee, if
transportation requires passage through a county which has * * *
instituted prohibition, * * * transportation shall be by a sealed
vehicle. * * *
The seal shall remain unbroken until the vehicle * * * has reached the place of
business operated by the permittee. The operator of any vehicle transporting
alcoholic beverages shall have in his possession an invoice issued by the * * * department at the time of
the wholesale sale covering the merchandise transported by the vehicle. The * * * department is authorized to
issue regulations controlling the transportation of alcoholic beverages.
When the restrictions
imposed by this section and by the regulation of the * * * department have not been
violated, the person transporting alcoholic beverages through a county * * *
instituted prohibition shall not be guilty of unlawful possession and
such merchandise shall be immune from seizure.
SECTION 14. Section 97-31-47, Mississippi Code of 1972, is amended as follows:
97-31-47. Except as may be otherwise authorized by law, it shall be unlawful for any transportation company, or any agent, employee, or officer of such company, or any other person, or corporation to transport into or deliver in this state in any manner or by any means any spirituous, vinous, malt, or other intoxicating liquors or drinks, or for any such person, company, or corporation to transport any spirituous, malt, vinous, or intoxicating liquors or drinks from one place within this state to another place within the state, or from one (1) point within this state to any point without the state, except in cases where this chapter or Section 67-9-1 authorizes the transportation.
SECTION 15. This act shall take effect and be in force from and after July 1, 2019.
