Bill Text: MS SB2521 | 2020 | Regular Session | Comm Sub
Bill Title: Alcoholic Beverage Control laws; reform.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-12 - Died On Calendar [SB2521 Detail]
Download: Mississippi-2020-SB2521-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Finance
By: Senator(s) Carter
Senate Bill 2521
(COMMITTEE SUBSTITUTE)
AN ACT TO CREATE A NEW SECTION IN TITLE 67, CHAPTER 1, MISSISSIPPI CODE TO 1972, TO ALLOW THE DIRECT SHIPMENT OF WINE NOT CARRIED IN BAILMENT BY THE ALCOHOLIC BEVERAGE CONTROL DIVISION OF THE DEPARTMENT OF REVENUE FROM WINERIES TO PACKAGE RETAILERS, SUBJECT TO CERTAIN CONDITIONS; TO ALLOW PACKAGE RETAILERS TO CHARGE A SERVICE FEE FOR RECEIVING AND HANDLING SHIPMENTS FROM WINERIES ON BEHALF OF THEIR CUSTOMERS; TO REQUIRE PACKAGE RETAILERS TO COLLECT ALL TAXES, FEES AND MARKUPS IMPOSED ON THE WINE AS DIRECTED BY THE DEPARTMENT AND TO REPORT TO THE DEPARTMENT CERTAIN INFORMATION REGARDING THE SHIPMENTS; TO SPECIFY OTHER REQUIREMENTS GOVERNING THE HOLDING OF THE WINES BY THE PACKAGE RETAILERS AND THE PICKUPS OF THE WINES BY THE CUSTOMERS; TO AMEND SECTION 67-1-3, MISSISSIPPI CODE OF 1972, TO RENOUNCE PROHIBITION OF INTOXICATING LIQUOR AS THE PUBLIC POLICY OF THE STATE IN FAVOR OF LOCAL OPTION TO REINSTITUTE PROHIBITION; TO AMEND SECTION 67-1-51, MISSISSIPPI CODE OF 1972, TO ALLOW THE HOLDER OF A PACKAGE RETAILER'S PERMIT TO SAMPLE NEW PRODUCT FURNISHED BY A MANUFACTURER WITHOUT PRIOR APPROVAL FROM THE DEPARTMENT, AND TO SELL LOTTERY TICKETS AND OTHER ITEMS RELATED TO WINE AND LIQUOR USE OR CONSUMPTION; TO CREATE ADDITIONAL CLASSES OF PERMITS AND TO IMPOSE CERTAIN LIMITS ON THE ISSUANCE OF CERTAIN CLASSES OF PERMITS; TO BROADEN THE RANGE OF BUSINESSES THAT MAY RECEIVE CLASS 3 TEMPORARY RETAILER'S PERMITS; TO AMEND SECTION 67-1-52, MISSISSIPPI CODE OF 1972, TO ALLOW THE HOLDER OF A PACKAGE RETAILER'S PERMIT TO OFFER FREE TASTINGS AND SAMPLINGS WITHOUT PRIOR WRITTEN APPROVAL FROM THE DEPARTMENT, AND TO REMOVE CERTAIN RESTRICTIONS ON SUCH TASTINGS AND SAMPLINGS; TO AMEND SECTION 27-71-5, MISSISSIPPI CODE OF 1972, TO SET PRIVILEGE TAXES FOR THE NEW CLASSES OF PERMITS CREATED, AND TO AUTHORIZE THE DEPARTMENT OF REVENUE TO CHARGE AN ADDITIONAL FEE TO COVER THE OPERATIONAL EXPENSES OF THE ALCOHOLIC BEVERAGE CONTROL DIVISION WAREHOUSE; TO AMEND SECTIONS 67-1-7, 67-1-9, 67-1-11, 67-1-13, 67-1-14, 67-1-15, 67-1-41, 67-1-57, 67-1-71, 67-1-85, 67-1-91, 67-9-1, 27-71-15 AND 97-31-47, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE ABOVE; TO AMEND SECTION 27-71-303, MISSISSIPPI CODE OF 1972, TO INCREASE THE LICENSE TAX FOR RETAILERS, WHOLESALERS AND DISTRIBUTORS OF BEER AND LIGHT WINES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any person or business possessing a valid license or permit to engage in the activity of manufacturing alcoholic beverages in his state of operation may lawfully ship wine purchased from a vineyard or winery by a person twenty-one (21) years of age or older to the holder of a package retailer's permit in this state, without being required to make the shipment through the Alcoholic Beverage Control Division of the Department of Revenue, provided that particular wine is not currently brokered in Mississippi.
The purchaser of wine that is to be shipped to a package retailer's store shall be required to get the prior approval of the package retailer before any wine is shipped to the package retailer. A purchaser is limited to no more than ten (10) cases of wine per year to be shipped to a package retailer.
Package retailers may charge a service fee for receiving and handling shipments from wineries on behalf of their customers and shall collect all taxes, fees and markups imposed on the wine as directed by the department. Additionally, package retailers shall report to the department, on a schedule as determined by the department, the name of each vineyard or winery, the varietal of the wine received, and the number of bottles.
Package retailers shall notify customers within two (2) days of receiving shipments on behalf of the customer, and customers shall pick up their wine shipment within seven (7) days of being notified. Should circumstances exist that prevent customers from picking up their wine in the stated timeframe, they may make arrangements with the package retailer for a later date.
In the event a customer fails to pick up the wine shipment as set forth above, then the shipment shall become the property of the package retailer but may not be sold by the package retailer.
(2) (a) A person twenty-one (21) years of age or older must sign for any wine shipped directly to the holder of a package retailer's permit, or an on-premises retailer's permit under this section before delivery, and all shipping containers of wine shipped under this section shall be conspicuously labeled as follows:
"CONTAINS ALCOHOLIC BEVERAGES: ADULT (21 OR OLDER)
SIGNATURE REQUIRED FOR DELIVERY."
(b) Shipments of wine into this state under this section shall be made by a duly licensed carrier.
(3) A manufacturer who ships wine under this section shall be deemed to have consented to the jurisdiction of the courts of this state, of the department, of any other state agency regarding the enforcement of this section, and of any related law, rules or regulations.
(4) Any person who makes, participates in, transports, imports or receives a shipment in violation of this section is guilty of a misdemeanor. Each shipment shall constitute a separate offense.
SECTION 2. (1) There is created a study committee for the purpose of studying the feasibility of creating a corporation to run the Alcoholic Beverage Control Division of the Department of Revenue. The study committee shall be comprised of the following seven (7) members:
(a) Three (3) members of the Senate, to be appointed by the Lieutenant Governor, one (1) of whom shall be the Chairman of the Senate Finance Committee;
(b) Three (3) members of the House, to be appointed by the Speaker of the House of Representatives, one (1) of whom shall be the Chairman of the House Ways and Means Committee;
(c) The Commissioner of the Department of Revenue, or a designee, as ex officio, nonvoting member.
(2) Appointments to the study committee must be made within thirty (30) days after July 1, 2020. At the first meeting, the study committee shall elect from among its membership a chairman, vice chairman and any other officers determined to be necessary, who must organize the study committee for business and determine the date, time and location of its next meeting.
(3) Legislative members of the study committee shall be reimbursed from the contingent expense fund of their respective house, but only with the specific approval of the Rules Committee of the respective house. The study committee, by approval of a majority of its membership, may accept funds that may be donated or provided in the form of grants from public or private sources.
(4) The Department of Revenue shall provide the staff and other support necessary for the study committee to perform its duties. All departments, agencies and institutions of this state, at the request of the chairman of the study committee, must cooperate fully with the study committee in the performance of its duties.
(5) The study committee shall report its findings and recommendations to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) before January 1, 2021, at which time the study committee shall be dissolved.
SECTION 3. Section 67-1-3, Mississippi Code of 1972, is amended as follows:
67-1-3. From and after
July 1, 2020, the policy of this state * * * respecting
the manufacture, sale, distribution, possession and transportation of
intoxicating liquor * * *
shall be one of local option providing to counties the option of choosing,
by procedures set out in this chapter, to prevent the manufacture, sale,
distribution, possession and transportation of intoxicating liquor. The policy
of prohibition as formerly announced by this section shall no longer be the
public policy of the state. 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.
* * *
SECTION 4. Section 67-1-7, Mississippi Code of 1972, is amended as follows:
67-1-7. (1) Except as * * * provided * * * in this chapter, the manufacture, sale, distribution,
possession and transportation of alcoholic beverages shall be lawful * * * in this state, except in counties that vote to
reinstitute 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 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 * * * to
reinstitute 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 5. 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 6. 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 reinstituted
in a county by an election called and held in such county in the manner and
with the results hereinafter provided.
(2) Upon presentation and
filing of a * * *
petition requesting * * * that prohibition be reinstituted 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 * * *
the notice once each week for at least three (3) consecutive weeks in
some newspaper published in * * * the county or, if no newspaper be
published * * *
in the county, by such 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 thereat 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
continue 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 participating qualified electors * * * vote * * * against the
prohibition of the manufacture, sale, distribution and possession of alcoholic
beverages, the manufacture, sale, distribution and possession of alcoholic
beverages therein shall * * * be remain lawful * * *
in the county. If, on the other hand, a majority of the participating
qualified electors * * * 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 remain 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 * * * an 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 7. Section 67-1-13, Mississippi Code of 1972, is amended as follows:
67-1-13. (1) When * * *
prohibition has been reinstituted 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 * * * requiring 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
thereto. 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 shall be allowed in * * * the county.
(2) Notwithstanding an
election * * *
reinstituting the prohibition laws 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 8. 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 reinstitute prohibition under
Section 67-1-11 may allow the manufacture, sale, distribution, possession or
transportation of alcoholic beverages in the municipality by an election
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 reinstitute
prohibition or any municipality that is a county seat and which is located
in a county which has voted * * * to
reinstitute 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 or 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 or transportation of alcoholic
beverages shall be allowed in a municipality located in a county that has voted
to reinstitute 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 * * * the 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 or 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 9. 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 * * *
reinstituting prohibition under the provisions of this chapter.
SECTION 10. Section 67-1-41, Mississippi Code of 1972, is amended as follows:
67-1-41. (1) The department is hereby created a wholesale distributor and seller of alcoholic beverages, not including malt liquors, within the State of Mississippi. It is granted the sole right to import and sell intoxicating liquors at wholesale within the state, and no person who is granted the right to sell, distribute or receive intoxicating liquors at retail shall purchase any intoxicating liquors from any source other than the department except as authorized in subsections (4) and (9) of this section and Section 1 of this act. The department may establish warehouses, purchase intoxicating liquors in such quantities and from such sources as it may deem desirable and sell the intoxicating liquors to authorized permittees within the state including, at the discretion of the department, any retail distributors operating within any military post or qualified resort areas within the boundaries of the state, keeping a correct and accurate record of all such transactions and exercising such control over the distribution of alcoholic beverages as seem right and proper in keeping with the provisions or purposes of this chapter.
(2) No person for the purpose of sale shall manufacture, distill, brew, sell, possess, export, transport, distribute, warehouse, store, solicit, take orders for, bottle, rectify, blend, treat, mix or process any alcoholic beverage except in accordance with authority granted under this chapter, or as otherwise provided by law for native wines.
(3) No alcoholic beverage intended for sale or resale shall be imported, shipped or brought into this state for delivery to any person other than as provided in this chapter, or as otherwise provided by law for native wines.
(4) The department may promulgate rules and regulations which authorize on-premises retailers to purchase limited amounts of alcoholic beverages from package retailers and for package retailers to purchase limited amounts of alcoholic beverages from other package retailers. The department shall develop and provide forms to be completed by the on-premises retailers and the package retailers verifying the transaction. The completed forms shall be forwarded to the department within a period of time prescribed by the department.
(5) The department may promulgate rules which authorize the holder of a package retailer's permit to permit individual retail purchasers of packages of alcoholic beverages to return, for exchange, credit or refund, limited amounts of original sealed and unopened packages of alcoholic beverages purchased by the individual from the package retailer.
(6) The department shall maintain all forms to be completed by applicants necessary for licensure by the department at all district offices of the department.
(7) The department may promulgate rules which authorize the manufacturer of an alcoholic beverage or wine to import, transport and furnish or give a sample of alcoholic beverages or wines to the holders of package retailer's permits, on-premises retailer's permits, native wine retailer's permits and temporary retailer's permits who have not previously purchased the brand of that manufacturer from the department. For each holder of the designated permits, the manufacturer may furnish not more than five hundred (500) milliliters of any brand of alcoholic beverage and not more than three (3) liters of any brand of wine.
(8) The department may promulgate rules disallowing open product sampling of alcoholic beverages or wines by the holders of package retailer's permits and permitting open product sampling of alcoholic beverages by the holders of on-premises retailer's permits. Permitted sample products shall be plainly identified "sample" and the actual sampling must occur in the presence of the manufacturer's representatives during the legal operating hours of on-premises retailers.
(9) The department may promulgate rules and regulations that authorize the holder of a research permit to import and purchase limited amounts of alcoholic beverages from importers, wineries and distillers of alcoholic beverages or from the department. The department shall develop and provide forms to be completed by the research permittee verifying each transaction. The completed forms shall be forwarded to the department within a period of time prescribed by the department. The records and inventory of alcoholic beverages shall be open to inspection at any time by the Director of the Alcoholic Beverage Control Division or any duly authorized agent.
(10) This section shall not apply to alcoholic beverages authorized to be sold by the holder of a distillery retailer's permit.
SECTION 11. 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 * * *
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, lottery tickets, and other items related to wine
and liquor use or consumption. 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 * * * reinstituted
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 business authorizing the
complimentary distribution of wine, including native wine, to patrons of the * * * business 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 * * * a business in good standing with the
Mississippi Secretary of State. 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 * * * business may receive more than * * * six (6) Class 3 temporary
permits in a calendar year. A Class 3 temporary permit shall not be issued to
a * * * business 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 reinstituted 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 the sale of alcoholic beverages is authorized; (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.
(r) Tourism development permit. A tourism development permit may be issued to a tourism development and shall authorize the holder thereof to sell alcoholic beverages by the drink, to offer samples of complimentary alcoholic beverage products and sell at retail alcoholic beverage in original sealed and unopened packages containing not less than fifty (50) milliliters by liquid measure. Sales of alcoholic beverages and the offering of complementary samples may occur at any location on the premises of the tourism development so long as common ownership of the premises exists and the locations where the sales and offering of samples occur are determined by the department to be a part of the tourism development. For purposes of this paragraph, a tourism development means a premises containing not less than three hundred (300) hotel rooms or suites, retail shops, theater, lounge or other entertainment venues and not less than two (2) restaurants. A tourism development may include, but not be limited to, amenities such as a spa, golf course, casino, beauty salon, coffee shop, marina, pool, snack bar and beach area.
(s) Salon or spa permit. A salon or spa permit may be issued for salons or spas to provide complimentary beer or wine to customers. For purposes of this paragraph, a salon or spa is a place of business where people have cosmetic or other beauty treatments, including, but not limited to, haircuts, hair coloring, braiding, manicures, pedicures or massages.
(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.
(6) (a) From and after July 1, 2020, not more than one (1) package retailer's permit may be issued within the corporate limits of a municipality for every six thousand five hundred (6,500) residents of the municipality, or outside the corporate limits of a municipality for every six thousand five hundred (6,500) residents of the county excluding residents in municipalities, according to the latest federal decennial census.
(b) From and after July 1, 2020, no new and original package retailer's permits or any other retailer's permit that allows alcoholic beverage sales for off-premises consumption shall be issued by the department, and only applications submitted to the department prior to July 1, 2020, shall be considered for the issuance of a package retailer's permit by the department. Permits that were issued prior to July 1, 2020, shall remain in effect regardless of the provisions of paragraph (a) of this subsection.
(c) Package retailer's permits that were issued prior to July 1, 2020, which are currently in operation, are in good standing with the department, and have been in continuous operation for a minimum of seven (7) years may be sold or transferred by the permittee to any other qualified applicant as authorized by law.
(d) In municipalities and counties where existing package retailer's permits are in excess of the allowable number of permits provided for in paragraph (a) of this subsection, qualified applicants must buy a package retailer's permit from an existing package retailer.
(e) In municipalities and counties that adjoin any municipality or county where existing package retailer's permits are in excess of the allowable number of permits provided for in paragraph (a) of this subsection, qualified applicants must buy a package retailer's permit from the adjoining municipality or county, or any other municipality or county with excessive permits.
(f) In municipalities or counties that become wet after July 1, 2020, qualified applicants must buy a package retailer's permit from a municipality or county where existing package retailer's permits are in excess of the allowable number of permits provided for in paragraph (a) of this subsection.
(7) From and after July 1, 2020, a package retailer's permit or any other retailer's permit that allows alcoholic beverage sales for off-premises consumption shall not be issued for a location that is within two (2) miles of the property boundary of an existing package store or, if the package store is located in a mall or shopping center, within two (2) miles of the property boundary of the mall or shopping center. However, a package retailer's permit may be issued for a location within the two-mile limit if a written waiver is obtained from all holders of package retailer's permits who operate package stores within two (2) miles of the proposed location. Package stores operating with permits before July 1, 2020, may continue to have their permits renewed for the same location, and may sell and transfer their permits to a new permittee at the same location, notwithstanding the two-mile limit of this subsection.
SECTION 12. 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 has
been reinstituted, 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 13. Section 67-1-71, Mississippi Code of 1972, is amended as follows:
67-1-71. (1) Except as otherwise provided in subsection (2) of this section, the department may revoke or suspend any permit issued by it for a violation by the permittee of any of the provisions of this chapter or of the regulations promulgated under it by the department.
(2) Except as otherwise provided in subsection (1) of this section, permits must be revoked or suspended for the following causes:
(a) Conviction of the permittee for the violation of any of the provisions of this chapter;
(b) Willful failure or refusal by any permittee to comply with any of the provisions of this chapter or of any rule or regulation adopted pursuant thereto;
(c) The making of any materially false statement in any application for a permit;
(d) Conviction of one or more of the clerks, agents or employees of the permittee, of any violation of this chapter upon the premises covered by such permit within a period of time as designated by the rules or regulations of the department;
(e) The possession on the premises of any retail permittee of any alcoholic beverages upon which the tax has not been paid;
(f) The willful failure of any permittee to keep the records or make the reports required by this chapter, or to allow an inspection of such records by any duly authorized person;
(g) The suspension or revocation of a permit issued to the permittee by the federal government, or conviction of violating any federal law relating to alcoholic beverages;
(h) The failure to furnish any bond required by Section 27-71-21 within fifteen (15) days after notice from the department; and
(i) The conducting of any form of illegal gambling on the premises of any permittee or on any premises connected therewith or the presence on any such premises of any gambling device with the knowledge of the permittee.
The provisions of paragraph (i) of this subsection shall not apply to gambling or the presence of any gambling devices, with knowledge of the permittee, on board a cruise vessel 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, or on any vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River. The department may, in its discretion, issue on-premises retailer's permits to a common carrier of the nature described in this paragraph.
The provisions of paragraph (i) of this section shall not apply to the operation of any game or lottery authorized by Chapter 115, Title 27.
(3) The holder of a tourism development permit found to be in violation of or noncompliance with the requirements of the tourism development permit and applicable regulations promulgated by the department shall be subject to a fine in the amount of Three Thousand Dollars ($3,000.00) and shall be placed on probation for a period of sixty (60) days for a first offense, and a fine in the amount of Five Thousand Dollars ($5,000.00) and a probationary period of ninety (90) days for a second offense and subsequent offenses. During a probationary period, the holder of the tourism development license shall not be allowed to sell full bottles of alcoholic beverages, and all violations or noncompliance must be corrected fully. If the violation or noncompliance is not corrected fully within the probationary period following the second offense, then the tourism development permit may be revoked.
(4) No permit shall be suspended or revoked until after the permittee has been provided reasonable notice of the charges against him for which suspension or revocation is sought and the opportunity to a hearing before the Board of Tax Appeals to contest such charges and the suspension or revocation proposed. Opportunity to a hearing is provided without an actual hearing if the permittee, after receiving reasonable notice, including notice of his right to a hearing, fails to timely request a hearing. The permittee may also at any time waive his rights to reasonable notice and/or to the opportunity to a hearing by agreeing to a suspension or revocation offered by the department. Notwithstanding the requirement above that a permit may not be suspended without notice and opportunity to a hearing, sales of alcoholic beverages by a permittee under a permit for which the bond under Section 27-71-21 has been cancelled shall be suspended from and after issuance of the notice provided in paragraph (h) above and shall continue to be suspended until the bond is reinstated, a new bond is posted or sufficient cash or securities as provided under Section 27-71-21 are deposited with the State Treasurer for this permit.
(5) In addition to the causes specified in this section and other provisions of this chapter, the department shall be authorized to suspend the permit of any permit holder for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a permit suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 14. 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 reinstituted.
SECTION 15. 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, except in those counties and municipalities which have voted for the
legalized sale of intoxicating liquor. 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 * * * would violate the
public sense of common decency, as well as to enforce the law against gambling,
organized crime, or social vice and corruption.
SECTION 16. 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 reinstitute 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 17. Section 67-1-52, Mississippi Code of 1972, is amended as follows:
67-1-52. The holder of
a package retailer's permit issued under Section 67-1-51(b) shall * * *
be authorized to offer tastings or samplings * * * to be conducted at the package
retailer's permitted place of business during which tastes or samples of
alcoholic beverages or wine may be offered or served to consumers at no
cost to the customer. During a tasting or sampling * * * authorized by this section, limited
amounts of alcoholic beverages or wine may be consumed on the permitted
place of business. A tasting or sampling * * * shall not authorize the sale of
alcoholic beverages or wine for consumption on the permitted place of
business, but shall only authorize the limited consumption of alcoholic
beverages or wine at the permitted place of business for the sole
purpose of tasting or sampling various alcoholic beverages or wine. * * * No one under twenty-one (21) years of
age may participate in a tasting or sampling * * *. No sample may be provided to a
visibly intoxicated person. No food may be served or sold at a tasting or
sampling * * *.
Each sample of wine served * * * shall not exceed one and one-fourth
(1-1/4) ounces and no more than a cumulative total of five (5) ounces of wine
may be dispensed to any one (1) person during a tasting or sampling * * *. Each sample of a distilled spirit
served * * *
shall not exceed one-fourth (1/4) of an ounce and no more than a cumulative
total of one (1) ounce of distilled spirits may be dispensed to any one (1)
person during a tasting or sampling * * *. All product tasted or sampled * * * must be provided by the package
retailer from its inventory. Such product cannot be sample product provided by
a manufacturer and must have been purchased from the department warehouse or
from a licensed wholesaler. Only employees of the package retailer may serve
any product for tasting or sampling * * *. Tickets for a tasting or
sampling * * *
shall not be sold in the permitted place of business or any other location. * * *
SECTION 18. Section 27-71-5, Mississippi Code of 1972, is amended as follows:
27-71-5. (1) Upon each person approved for a permit under the provisions of the Alcoholic Beverage Control Law and amendments thereto, there is levied and imposed for each location for the privilege of engaging and continuing in this state in the business authorized by such permit, an annual privilege license tax in the amount provided in the following schedule:
(a) Except as otherwise provided in this subsection (1), manufacturer's permit, Class 1, distiller's and/or
rectifier's............................................... $4,500.00
(b) Manufacturer's permit, Class 2, wine
Manufacturer.............................................. $1,800.00
(c) Manufacturer's permit, Class 3, native wine
manufacturer per ten thousand (10,000) gallons or part thereof produced $ 10.00
(d) Native wine retailer's permit.............. $ 50.00
(e) Package retailer's permit, each............ $ 900.00
(f) On-premises retailer's permit, except for clubs and common carriers, each............................................ $ 450.00
(g) On-premises retailer's permit for wine of more than five percent (5%) alcohol by weight, but not more than twenty-one percent (21%) alcohol by weight, each................................... $ 225.00
(h) On-premises retailer's permit for clubs.... $ 225.00
(i) On-premises retailer's permit for common carriers, per car, plane, or other vehicle................................... $ 120.00
(j) Solicitor's permit, regardless of any other provision of law, solicitor's permits shall be issued only in the discretion of the department................................................ $ 100.00
(k) Filing fee for each application except for an employee identification card....................................... $ 25.00
(l) Temporary permit, Class 1, each............ $ 10.00
(m) Temporary permit, Class 2, each............ $ 50.00
(n) (i) Caterer's permit...................... $ 600.00
(ii) Caterer's permit for holders of on-premises retailer's permit......................................... $ 150.00
(o) Research permit............................ $ 100.00
(p) Temporary permit, Class 3 (wine only)...... $ 10.00
(q) Special service permit..................... $ 225.00
(r) Merchant permit............................ $ 225.00
(s) Temporary alcoholic beverages charitable auction permit $ 10.00
(t) Event venue retailer's permit.............. $ 225.00
(u) Temporary theatre permit, each............. $ 10.00
(v) Charter ship operator's permit............. $ 100.00
(w) Distillery retailer's permit............... $ 450.00
(x) Salon or spa permit........................ $ 200.00
If a person approved for a manufacturer's permit, Class 1, distiller's permit produces a product with at least fifty-one percent (51%) of the finished product by volume being obtained from alcoholic fermentation of grapes, fruits, berries, honey and/or vegetables grown and produced in Mississippi, and produces all of the product by using not more than one (1) still having a maximum capacity of one hundred fifty (150) liters, the annual privilege license tax for such a permit shall be Ten Dollars ($10.00) per ten thousand (10,000) gallons or part thereof produced. Bulk, concentrated or fortified ingredients used for blending may be produced outside this state and used in producing such a product.
In addition to the filing fee imposed by paragraph (k) of this subsection, a fee to be determined by the Department of Revenue may be charged to defray costs incurred to process applications. The additional fees shall be paid into the State Treasury to the credit of a special fund account, which is hereby created, and expenditures therefrom shall be made only to defray the costs incurred by the Department of Revenue in processing alcoholic beverage applications. Any unencumbered balance remaining in the special fund account on June 30 of any fiscal year shall lapse into the State General Fund.
In addition to other fees imposed, the department may charge each permittee a fee equal to fifteen percent (15%) of the amounts imposed under this subsection (1) and under subsection (3) of this section. This additional fee shall be paid into the State Treasury to the credit of a special fund account to be designated the "ABC Warehouse Operational Expense Fund," which is hereby created, and expenditures therefrom shall be made to defray the operational expenses of the Alcoholic Beverage Control Division warehouse. Any unencumbered balance remaining in the special fund account on June 30 of any fiscal year shall not lapse into the State General Fund.
All privilege taxes imposed by this section shall be paid in advance of doing business. The additional privilege tax imposed for an on-premises retailer's permit based upon purchases shall be due and payable on demand.
(2) (a) There is imposed and shall be collected from each permittee, except a common carrier, solicitor or a temporary permittee, by the department, an additional license tax equal to the amounts imposed under subsection (1) of this section for the privilege of doing business within any municipality or county in which the licensee is located.
(b) (i) In addition to the tax imposed in paragraph (a) of this subsection, there is imposed and shall be collected by the department from each permittee described in subsection (1)(f), (g), (h), (m) and (t) of this section, an additional license tax for the privilege of doing business within any municipality or county in which the licensee is located in the amount of Two Hundred Twenty-five Dollars ($225.00) on purchases exceeding Five Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each additional purchase of Five Thousand Dollars ($5,000.00), or fraction thereof.
(ii) In addition to the tax imposed in paragraph (a) of this subsection, there is imposed and shall be collected by the department from each permittee described in subsection (1)(n) and (r) of this section, an additional license tax for the privilege of doing business within any municipality or county in which the licensee is located in the amount of Two Hundred Fifty Dollars ($250.00) on purchases exceeding Five Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each additional purchase of Five Thousand Dollars ($5,000.00), or fraction thereof.
(iii) Any person who has paid the additional privilege license tax imposed by this paragraph, and whose permit is renewed, may add any unused fraction of Five Thousand Dollars ($5,000.00) purchases to the first Five Thousand Dollars ($5,000.00) purchases authorized by the renewal permit, and no additional license tax will be required until purchases exceed the sum of the two (2) figures.
(c) If the licensee is located within a municipality, the department shall pay the amount of additional license tax collected under this section to the municipality, and if outside a municipality the department shall pay the additional license tax to the county in which the licensee is located. Payments by the department to the respective local government subdivisions shall be made once each month for any collections during the preceding month.
(3) The initial fee to obtain a tourism development permit shall be Fifteen Thousand Dollars ($15,000.00) and shall be renewable every three (3) years thereafter for a renewal fee of Five Thousand Dollars ($5,000.00). Renewal fees shall be remitted not less than thirty (30) days prior to the expiration of the three-year period.
( * * *4) When an application for any permit,
other than for renewal of a permit, has been rejected by the department, such
decision shall be final. Appeal may be made in the manner provided by Section
67-1-39. Another application from an applicant who has been denied a permit
shall not be reconsidered within a twelve-month period.
* * *
(5) If any person shall engage or continue in any business which is taxable under this section without having paid the tax as provided in this section, the person shall be liable for the full amount of the tax plus a penalty thereon equal to the amount thereof, and, in addition, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court.
(6) It shall be unlawful for any person to consume alcoholic beverages on the premises of any hotel restaurant, restaurant, club or the interior of any public place defined in Chapter 1, Title 67, Mississippi Code of 1972, when the owner or manager thereof displays in several conspicuous places inside the establishment and at the entrances of establishment a sign containing the following language: NO ALCOHOLIC BEVERAGES ALLOWED.
SECTION 19. 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, and
except for wine shipped under Section 1 of this act, if transportation
requires passage through a county which has * * *
reinstituted prohibition, the transportation shall be by a sealed
vehicle. * * *
The seal shall remain unbroken until the vehicle * * * reaches 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 * * *
instituting prohibition shall not be guilty of unlawful possession and
such merchandise shall be immune from seizure.
SECTION 20. 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 21. Section 27-71-303, Mississippi Code of 1972, is amended as follows:
27-71-303. Upon each person approved for a permit to engage in the business of selling light wines or beer there is hereby imposed, levied and assessed, to be collected and paid as herein provided, annual privilege taxes in the following amounts:
(a) Retailers--for each place of
business........................ $ * * * 250.00
(b) Wholesalers or distributors--for each
* * * location................. $ * * * 3,000.00
(c) Manufacturers--for each place of
business............................... $1,000.00
(d) Brewpubs--for each place of
business............................... $1,000.00
Upon each person operating an airline, bus, boat or railroad car upon which light wines or beer may be sold there is hereby imposed, levied and assessed, to be collected and paid, annual privilege taxes of Thirty Dollars ($30.00) for each airplane, bus, boat or railroad car so operated in this state.
Provided, however, the amount of the privilege tax to be paid for a permit issued for a period of less than twelve (12) months shall be that proportionate amount of the annual privilege tax that the number of months, or part of a month, remaining until its expiration date bears to twelve (12) months, but in no case shall the privilege tax be less than Ten Dollars ($10.00).
SECTION 22. Section 1 of this act shall be codified in Title 67, Chapter 1, Mississippi Code of 1972.
SECTION 23. This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed on June 30, 2020.