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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Steverson
HOUSE BILL NO. 1082
AN ACT TO AMEND SECTION 67-1-81, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT, IN ADDITION TO OTHER PENALTIES AUTHORIZED AGAINST A 2
PERMITTEE UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW 3
FOR THE UNLAWFUL SALE, FURNISHING, GIVING OR CAUSING TO BE SOLD OF 4
ALCOHOLIC BEVERAGES TO PERSONS UNDER THE AGE OF 21, THE 5
COMMISSIONER OF REVENUE MAY REQUIRE, AFTER A THIRD OR SUBSEQUENT 6
OFFENSE, THAT THE PERMITTEE HAVE AND USE AN INDEPENDENT, 7
THIRD-PARTY AGE-VERIFICATION APP ON THE LICENSED PREMISES FOR THE 8
PURPOSE OF DETERMINING WHETHER A PERSON TO WHOM ALCOHOLIC 9
BEVERAGES ARE SOLD, FURNISHED, GIVEN OR CAUSED TO BE SOLD IS 21 10
YEARS OF AGE OR OLDER; TO AUTHORIZE THE COMMISSIONER TO PROMULGATE 11
RULES AND REGULATIONS; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 67-1-81, Mississippi Code of 1972, is 14
amended as follows: 15
67-1-81. (1) (a) Any permittee or other person who shall 16
sell, furnish, dispose of, give, or cause to be sold, furnished, 17
disposed of, or given, any alcoholic beverage to any person under 18
the age of twenty-one (21) years shall be guilty of a misdemeanor 19
and shall be punished by a fine of not less than Five Hundred 20
Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) 21
for a first offense. For a second or subsequent offense, such 22
permittee or other person shall be punished by a fine of not less 23
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than One Thousand Dollars ($1,000.00) nor more than Two Thousand 24
Dollars ($2,000.00), or by imprisonment for not more than one (1) 25
year, or by both such fine and imprisonment in the discretion of 26
the court. 27
(b) (i) If a permittee, or any employee of a 28
permittee, violates paragraph (a) of this subsection (1), then, in 29
addition to any other penalty provided for by law, the 30
commissioner may impose the following penalties against the 31
permittee on whose premises the alcoholic beverages were sold, 32
given or furnished: 33
1. For the first offense on the licensed 34
premises, suspension of the permit for not more than one (1) week. 35
2. For a second offense occurring on the 36
licensed premises within a twelve-month period, suspension of the 37
permit for not more than two (2) weeks. 38
3. For a third offense occurring on the 39
licensed premises within a twelve-month period, suspension of the 40
permit for not more than three (3) weeks or revocation of the 41
permit. 42
4. For a fourth or subsequent offense 43
occurring on the licensed premises within a twelve-month period, 44
revocation of the permit. 45
After a third or subsequent offense, the commissioner also 46
may require that the permittee have and use an independent, 47
third-party age-verification app on the licensed premises for the 48
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purpose of determining whether a person to whom alcoholic 49
beverages are sold, furnished, given or caused to be sold on the 50
licensed premises is twenty-one (21) years of age or older. The 51
app used must have at least an eighty-five percent (85%) accuracy 52
rating according to national standards. The commissioner may 53
promulgate rules and regulations for determining the length of 54
time a permittee shall be required to use the app. 55
A violation of paragraph (a) of this subsection (1) shall be 56
sufficient to impose the administrative penalties and any other 57
requirement authorized under this paragraph (b), and any 58
expunction of conviction shall have no effect on any 59
administrative penalty or other requirement imposed against a 60
permittee under this paragraph (b). 61
(2) Any person under the age of twenty-one (21) years who 62
purchases, receives, or has in his or her possession in any public 63
place, any alcoholic beverages, shall be guilty of a misdemeanor 64
and shall be punished by a fine of not less than Two Hundred 65
Dollars ($200.00) nor more than Five Hundred Dollars ($500.00). 66
Provided, that clearing or busing tables that have glasses or 67
other containers that contain or did contain alcoholic beverages, 68
or stocking, bagging or otherwise handling purchases of alcoholic 69
beverages shall not be deemed possession of alcoholic beverages 70
for the purposes of this section. Provided further, that a person 71
who is at least eighteen (18) years of age but under the age of 72
twenty-one (21) years who waits on tables by taking orders for or 73
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delivering orders of alcoholic beverages shall not be deemed to 74
unlawfully possess or furnish alcoholic beverages if in the scope 75
of his employment by the holder of an on-premises retailer's 76
permit. This exception shall not authorize a person under the age 77
of twenty-one (21) to tend bar or act in the capacity of 78
bartender. Any person under the age of twenty-one (21) who 79
knowingly makes a false statement to the effect that he or she is 80
twenty-one (21) years old or older or presents any document that 81
indicates he or she is twenty-one (21) years of age or older for 82
the purpose of purchasing alcoholic beverages from any person 83
engaged in the sale of alcoholic beverages shall be guilty of a 84
misdemeanor and shall be punished by a fine of not less than Two 85
Hundred Dollars ($200.00) nor more than Five Hundred Dollars 86
($500.00), and a sentence to not more than thirty (30) days' 87
community service. 88
(3) The term "community service" as used in this section 89
shall mean work, projects or services for the benefit of the 90
community assigned, supervised and recorded by appropriate public 91
officials. 92
(4) If a person under the age of twenty-one (21) years is 93
convicted or enters a plea of guilty of purchasing, receiving or 94
having in his or her possession in any public place any alcoholic 95
beverages in violation of subsection (2) of this section, the 96
trial judge, in lieu of the penalties otherwise provided under 97
subsection (2) of this section, shall suspend the minor's driver's 98
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ST: Alcoholic beverages; revise certain
provisions relating to sales to persons under
the age of 21.
license by taking and keeping it in the custody of the court for a 99
period of time not to exceed ninety (90) days. The judge so 100
ordering the suspension shall enter upon his docket "DEFENDANT'S 101
DRIVER'S LICENSE SUSPENDED FOR ____ DAYS IN LIEU OF CONVICTION" 102
and such action by the trial judge shall not constitute a 103
conviction. During the period that the minor's driver's license 104
is suspended, the trial judge shall suspend the imposition of any 105
fines or penalties that may be imposed under subsection (2) of 106
this section and may place the minor on probation subject to such 107
conditions as the judge deems appropriate. If the minor violates 108
any of the conditions of probation, then the trial judge shall 109
return the driver's license to the minor and impose the fines, 110
penalties or both, that he would have otherwise imposed, and such 111
action shall constitute a conviction. 112
SECTION 2. This act shall take effect and be in force from 113
and after July 1, 2026. 114