Bill Text: MS SB2612 | 2017 | Regular Session | Engrossed
Bill Title: Local Option Alcoholic Beverage Control Law; revise provisions regarding leisure and recreation districts.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2017-04-18 - Approved by Governor [SB2612 Detail]
Download: Mississippi-2017-SB2612-Engrossed.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Tourism
By: Senator(s) Michel, Barnett, Dearing, Jackson (11th), Jordan, Simmons (12th)
Senate Bill 2612
(As Passed the Senate)
AN ACT TO AMEND SECTION 67-1-101, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "MUNICIPALITY" TO INCLUDE THE CITY OF NATCHEZ, MISSISSIPPI, THE CITY OF LAUREL, MISSISSIPPI, THE CITY OF CLINTON, MISSISSIPPI, THE CITY OF VICKSBURG, MISSISSIPPI, THE CITY OF CLEVELAND, MISSISSIPPI, AND THE CITY OF RIDGELAND, MISSISSIPPI, UNDER THE LAW THAT AUTHORIZES THE GOVERNING AUTHORITIES OF CERTAIN MUNICIPALITIES TO ESTABLISH LEISURE AND RECREATION DISTRICTS UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW; TO AUTHORIZE THE BOARD OF SUPERVISORS OF MADISON COUNTY, MISSISSIPPI, TO CREATE LEISURE AND RECREATION DISTRICTS UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-101, Mississippi Code of 1972, is amended as follows:
67-1-101. (1) For the purposes of this section, the following words shall have the following meanings ascribed in this section, unless the context clearly otherwise requires:
(a) "Municipality" means any incorporated city, town or village:
(i) Located in one (1) of the three (3) most southern counties in the State of Mississippi,
(ii) The City of Hattiesburg, Mississippi,
(iii) The City of Tupelo, Mississippi,
(iv) The City of Holly Springs, Mississippi,
(v) The City of Greenville, Mississippi,
(vi) The City of Greenwood, Mississippi,
(vii) The City of Canton, Mississippi,
(viii) The City of Grenada, Mississippi,
(ix) The City of Starkville, Mississippi,
(x) The City of Water Valley, Mississippi,
(xi) The City of Jackson, Mississippi,
(xii) The City of
Senatobia, Mississippi, * * *and
(xiii) The City of
Corinth, Mississippi * * *,
(xiv) The City of Natchez, Mississippi,
(xv) The City of Laurel, Mississippi,
(xvi) The City of Clinton, Mississippi,
(xvii) The City of Cleveland, Mississippi,
(xviii) The city of Vicksburg, Mississippi, and
(xix) The City of Ridgeland, Mississippi.
(b) "Leisure and recreation district" means an area officially designated by ordinance or resolution of the governing authorities of a municipality or county as a leisure and recreation district.
(2)
(a) (i) Subject to the provisions of this section, the governing authorities
of a municipality, by ordinance, may establish one * * * or more leisure and recreation districts within the corporate
boundaries of the municipality and designate the geographic area or areas to be
included within a district. The governing authorities of a municipality, by
ordinance, may modify the boundaries of a leisure and recreation district. In
addition, the boundaries of a leisure and recreation district may extend from
within the municipality into the unincorporated area of the county in which the
municipality is located if the county consents to the extension and has voted
in favor of coming out from under the dry law.
(ii) If a
municipality defined in subsection (1)(a)(xi) of this section establishes a
leisure and recreation district, the district shall consist of and be limited
to the area located in the municipality consisting of the area beginning at
Duling Avenue with its intersection with State Street and running to its
intersection with Old Canton Road; then running along Old Canton Road to the
point where it merges into State Street; then running along State Street to its
intersection with Duling Avenue, as well as all of the area located within five
hundred (500) feet outside of the area described in this subparagraph ( * * *ii).
(iii) If a municipality defined in subsection (1)(a)(xii) of this section establishes a leisure and recreation district, the district shall consist of and be limited to the following areas in the downtown historic district located in the municipality:
1. The segment of Front Street located south of College Street and north of Tate Street, as well as all of the area located within three hundred (300) feet of such segment of Front Street,
2. The segment of Main Street located west of the railroad track and east of U.S. Highway 51, as well as all of the area located within three hundred (300) feet of such segment of Main Street,
3. The segment of Center Street located north of Tate Street and south of College Street, as well as all of the area located within three hundred (300) feet of such segment of Center Street,
4. The segment of Ward Street located north of Court Street and south of College Street, as well as all of the area located within three hundred (300) feet of such segment of Ward Street, and
5. The segment of Tate Street located west of the railroad track and east of Ward Street, as well as all of the area located within three hundred (300) feet of such segment of Tate Street.
(b) (i) Subject to the provisions of this section, the Board of Supervisors of Madison County, Mississippi, by resolution, may establish a leisure and recreation district within the county in the area described in this paragraph (b) and designate the geographic area or areas to be included within a district. The board of supervisors, by resolution, may modify the boundaries of a leisure and recreation district within the area described in this paragraph (b).
(ii) If the board of supervisors establishes a leisure and recreation district under this paragraph (b), the district shall consist of and be limited to the area of not more than fifty (50) acres located southwest of the intersection of Mississippi Highways 22 and 463 in the county and comprising the area or part of the area once constituting the boundaries or part of the boundaries of the former municipality of Livingston, Mississippi.
( * * *c) The designation or modification of
the geographic area or areas as a leisure and recreation district shall include
a detailed description of the area or areas within the district, boundaries of
the district and a georeferenced map of the district. In addition to any other
matters addressed in an ordinance or resolution establishing or modifying a
leisure and recreation district, a municipality or county, as the case may
be, must describe the manner in which the municipality or county, as the
case may be, will provide for adequate law enforcement and other public
safety measures and services within the district. Following the establishment
and/or modification of a leisure and recreation district, the municipality or
county, as the case may be, shall provide the Department of Revenue with
(i) a copy of any ordinance or resolution relating to the establishment
or modification of the district, (ii) verification from the municipal police
department and/or applicable sheriff's department indicating how such
department will provide adequate law enforcement and other public safety
measures and services within the district, and (iii) a list of persons
or other entities that hold permits issued under Section 67-1-51(c), (e), (f),
(g), (l), (n) or (o) and are located and/or doing business under such permits
in the district at the time the district is established.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
