Alcoholic Beverage Control Law; bring forward for purposes of amendment.

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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Shanks

HOUSE BILL NO. 1394

AN ACT TO BRING FORWARD SECTIONS 27-71-5, 27-71-7, 27-71-11, 1
27-71-15, 27-71-29, 67-1-5, 67-1-11, 67-1-37, 67-1-41, 67-1-45, 2
67-1-51, 67-1-52, 67-1-53, 67-1-55, 67-1-57, 67-1-59, 67-1-73, 3
67-1-101, 67-9-1, 93-11-64, 97-31-47, 97-31-49 AND 67-3-19, 4
MISSISSIPPI CODE OF 1972, WHICH REGULATE ALCOHOL BEVERAGE CONTROL 5
LAWS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 27-71-5, Mississippi Code of 1972, is 8
brought forward as follows: 9
27-71-5. (1) Upon each person approved for a permit under 10
the provisions of the Alcoholic Beverage Control Law and 11
amendments thereto, there is levied and imposed for each location 12
for the privilege of engaging and continuing in this state in the 13
business authorized by such permit, an annual privilege license 14
tax in the amount provided in the following schedule: 15
(a) Except as otherwise provided in this subsection 16
(1), manufacturer's permit, Class 1, distiller's and/or 17
rectifier's: 18
(i) For a permittee with annual production of 19
five thousand (5,000) gallons or more.................... $4,500.00 20
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(ii) For a permittee with annual production under five thousand 21
(5,000) gallons $2,800.00 22
(b) Manufacturer's permit, Class 2, wine 23
manufacturer............................................. $1,800.00 24
(c) Manufacturer's permit, Class 3, native wine 25
manufacturer per ten thousand (10,000) gallons or part thereof 26
produced................................................. $ 10.00 27
(d) Manufacturer's permit, Class 4, native spirit 28
manufacturer per one thousand (1,000) gallons or part thereof 29
produced................................................. $ 300.00 30
(e) Native wine retailer's permit............. $ 50.00 31
(f) Package retailer's permit, each........... $ 900.00 32
(g) On-premises retailer's permit, except for clubs and 33
common carriers, each.................................... $ 450.00 34
(h) On-premises retailer's permit for wine of more than 35
five percent (5%) alcohol by weight, but not more than twenty-one 36
percent (21%) alcohol by weight, each.................... $ 225.00 37
(i) On-premises retailer's permit for clubs... $ 225.00 38
(j) On-premises retailer's permit for common carriers, 39
per car, plane, or other vehicle......................... $ 120.00 40
(k) Solicitor's permit, regardless of any other 41
provision of law, solicitor's permits shall be issued only in the 42
discretion of the department............................. $ 100.00 43
(l) Filing fee for each application except for an 44
employee identification card............................. $ 25.00 45
(m) Temporary permit, Class 1, each........... $ 10.00 46
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(n) Temporary permit, Class 2, each........... $ 50.00 47
(o) (i) Caterer's permit..................... $ 600.00 48
(ii) Caterer's permit for holders of on-premises 49
retailer's permit........................................ $ 150.00 50
(p) Research permit........................... $ 100.00 51
(q) Temporary permit, Class 3 (wine only)..... $ 10.00 52
(r) Special service permit.................... $ 225.00 53
(s) Merchant permit........................... $ 225.00 54
(t) Temporary alcoholic beverages charitable auction 55
permit................................................... $ 10.00 56
(u) Event venue retailer's permit............. $ 225.00 57
(v) Temporary theatre permit, each............ $ 10.00 58
(w) Charter ship operator's permit............ $ 100.00 59
(x) Distillery retailer's permit.............. $ 450.00 60
(y) Festival permit.......................... $ 10.00 61
(z) Charter vessel operator's permit.......... $ 100.00 62
(aa) Native or craft spirit retailer's permit, 63
each..................................................... $ 50.00 64
(ab) Delivery service permit.................. $ 500.00 65
(ac) Food truck permit $ 100.00 66
(ad) On-premises tobacco permit $ 450.00 67
(ae) Direct wine shipper's permit $ 100.00 68
(af) Wine fulfillment provider's permit $ 100.00 69
(ag) Manufacturer's permit, Class 5, craft spirit manufacturer 70
per one thousand (1,000) gallons or part thereof produced, $ 71
300.00, 72
but not to exceed $3,000.00. 73
In addition to the filing fee imposed by paragraph (l) of 74
this subsection, a fee to be determined by the Department of 75
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Revenue may be charged to defray costs incurred to process 76
applications. The additional fees shall be paid into the State 77
Treasury to the credit of a special fund account, which is hereby 78
created, and expenditures therefrom shall be made only to defray 79
the costs incurred by the Department of Revenue in processing 80
alcoholic beverage applications. Any unencumbered balance 81
remaining in the special fund account on June 30 of any fiscal 82
year shall lapse into the State General Fund. 83
All privilege taxes imposed by this section shall be paid in 84
advance of doing business. A new permittee whose privilege tax is 85
determined by production volume will pay the tax for the first 86
year in accordance with department regulations. The additional 87
privilege tax imposed for an on-premises retailer's permit based 88
upon purchases shall be due and payable on demand. 89
Paragraph (y) of this subsection shall stand repealed from 90
and after July 1, 2026. 91
(2) (a) There is imposed and shall be collected from each 92
permittee, except a common carrier, solicitor, temporary 93
permittee, delivery service permittee or direct wine shipper's 94
permittee, by the department, an additional license tax equal to 95
the amounts imposed under subsection (1) of this section for the 96
privilege of doing business within any municipality or county in 97
which the licensee is located. 98
(b) (i) In addition to the tax imposed in paragraph 99
(a) of this subsection, there is imposed and shall be collected by 100
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the department from each permittee described in subsection (1)(g), 101
(h), (i), (n) and (u) of this section, an additional license tax 102
for the privilege of doing business within any municipality or 103
county in which the licensee is located in the amount of Two 104
Hundred Twenty-five Dollars ($225.00) on purchases exceeding Five 105
Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars 106
($225.00) for each additional purchase of Five Thousand Dollars 107
($5,000.00), or fraction thereof. 108
(ii) In addition to the tax imposed in paragraph 109
(a) of this subsection, there is imposed and shall be collected by 110
the department from each permittee described in subsection (1)(o) 111
and (s) of this section, an additional license tax for the 112
privilege of doing business within any municipality or county in 113
which the licensee is located in the amount of Two Hundred Fifty 114
Dollars ($250.00) on purchases exceeding Five Thousand Dollars 115
($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each 116
additional purchase of Five Thousand Dollars ($5,000.00), or 117
fraction thereof. 118
(iii) Any person who has paid the additional 119
privilege license tax imposed by this paragraph, and whose permit 120
is renewed, may add any unused fraction of Five Thousand Dollars 121
($5,000.00) purchases to the first Five Thousand Dollars 122
($5,000.00) purchases authorized by the renewal permit, and no 123
additional license tax will be required until purchases exceed the 124
sum of the two (2) figures. 125
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(c) If the licensee is located within a municipality, 126
the department shall pay the amount of additional license tax 127
collected under this section to the municipality, and if outside a 128
municipality the department shall pay the additional license tax 129
to the county in which the licensee is located. Payments by the 130
department to the respective local government subdivisions shall 131
be made once each month for any collections during the preceding 132
month. 133
(3) When an application for any permit, other than for 134
renewal of a permit, has been rejected by the department, such 135
decision shall be final. Appeal may be made in the manner 136
provided by Section 67-1-39. Another application from an 137
applicant who has been denied a permit shall not be reconsidered 138
within a twelve-month period. 139
(4) The number of permits issued by the department shall not 140
be restricted or limited on a population basis; however, the 141
foregoing limitation shall not be construed to preclude the right 142
of the department to refuse to issue a permit because of the 143
undesirability of the proposed location. 144
(5) If any person shall engage or continue in any business 145
which is taxable under this section without having paid the tax as 146
provided in this section, the person shall be liable for the full 147
amount of the tax plus a penalty thereon equal to the amount 148
thereof, and, in addition, shall be punished by a fine of not more 149
than One Thousand Dollars ($1,000.00), or by imprisonment in the 150
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county jail for a term of not more than six (6) months, or by both 151
such fine and imprisonment, in the discretion of the court. 152
(6) It shall be unlawful for any person to consume alcoholic 153
beverages on the premises of any hotel restaurant, restaurant, 154
club or the interior of any public place defined in Chapter 1, 155
Title 67, Mississippi Code of 1972, when the owner or manager 156
thereof displays in several conspicuous places inside the 157
establishment and at the entrances of establishment a sign 158
containing the following language: NO ALCOHOLIC BEVERAGES 159
ALLOWED. 160
SECTION 2. Section 27-71-7, Mississippi Code of 1972, is 161
brought forward as follows: 162
27-71-7. (1) There is hereby levied and assessed an excise 163
tax upon each case of alcoholic beverages sold by the department 164
to be collected from each retail licensee at the time of sale in 165
accordance with the following schedule: 166
(a) Distilled spirits $2.50 per gallon 167
(b) Sparkling wine and champagne $1.00 per gallon 168
(c) Other wines, including native 169
wines $ .35 per gallon 170
(2) (a) In addition to the tax levied by subsection (1) of 171
this section, and in addition to any other markup collected, the 172
division shall collect a markup of three percent (3%) on all 173
alcoholic beverages, as defined in Section 67-1-5, Mississippi 174
Code of 1972, which are sold by the division. The proceeds of the 175
markup shall be collected by the division from each purchaser at 176
the time of purchase. 177
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(b) Until June 30, 1987, the revenue derived from this 178
three percent (3%) markup shall be deposited by the division in 179
the State Treasury to the credit of the "Alcoholism Treatment and 180
Rehabilitation Fund," a special fund which is hereby created in 181
the State Treasury, and shall be used by the Division of Alcohol 182
and Drug Abuse of the State Department of Mental Health and public 183
or private centers or organizations solely for funding of 184
treatment and rehabilitation programs for alcoholics and alcohol 185
abusers which are sponsored by the division or public or private 186
centers or organizations in such amounts as the Legislature may 187
appropriate to the division for use by the division or public or 188
private centers or organizations for such programs. Any tax 189
revenue in the fund which is not encumbered at the end of the 190
fiscal year shall lapse to the General Fund. It is the intent of 191
the Legislature that the State Department of Mental Health shall 192
continue to seek funds from other sources and shall use the funds 193
appropriated for the purposes of this section and Section 27-71-29 194
to match all federal funds which may be available for alcoholism 195
treatment and rehabilitation. 196
From and after July 1, 1987, the revenue derived from this 197
three percent (3%) markup shall be deposited by the division in 198
the State Treasury to the credit of the "Mental Health Programs 199
Fund," a special fund which is hereby created in the State 200
Treasury and shall be used by the State Department of Mental 201
Health for the service programs of the department. Any revenue in 202
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the "Alcoholism Treatment and Rehabilitation Fund" which is not 203
encumbered at the end of Fiscal Year 1987 shall be deposited to 204
the credit of the "Mental Health Programs Fund." 205
(3) There is levied and assessed upon the holder of a direct 206
wine shipper's permit, a tax in the amount of fifteen and one-half 207
percent (15.5%) of the sales price of each sale and shipment of 208
wine made to a resident in this state. The holder of a direct 209
wine shipper's permit shall file a monthly report with the 210
department along with a copy of the invoice for each sale and 211
shipment of wine and remit any taxes due; however, no report shall 212
be required for months in which no sales or shipments were made 213
into this state. The report, together with copies of the invoices 214
and the payment of all taxes, shall be filed with the department 215
not later than the twentieth day of the month following the month 216
in which the shipment was made. Permittees who fail to timely 217
file and pay taxes as required by this subsection shall pay a late 218
fee in the amount of Fifty Dollars ($50.00), in addition to any 219
other penalty authorized by this article. 220
SECTION 3. Section 27-71-11, Mississippi Code of 1972, is 221
brought forward as follows: 222
27-71-11. (1) The department shall from time to time by 223
resolution request the State Bond Commission to provide sufficient 224
funds required to maintain an adequate alcoholic beverage 225
inventory. Said funds shall be provided under the provisions of 226
Chapter 557, Laws of 1966. 227
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(2) The department shall add to the cost of all alcoholic 228
beverages a markup of twenty-seven and one-half percent (27-1/2%), 229
inclusive of the three percent (3%) markup imposed by Section 230
27-71-7(2). 231
(3) In addition to other excise taxes and markups imposed in 232
this section and in Section 27-71-7, the department shall add to 233
the cost of all alcoholic beverages shipped a charge of 234
Twenty-five Cents (25¢) per case, to be deposited into the ABC 235
Warehouse Improvements Fund created in Section 67-1-211(2). 236
However, any unobligated amounts above Ten Million Dollars 237
($10,000,000.00) remaining in the ABC Warehouse Improvements Fund 238
at the end of a fiscal year shall be transferred to the State 239
General Fund. 240
(4) Notwithstanding the contract for warehouse and 241
distribution operations under Section 67-1-205, the department 242
shall remain responsible for purchasing and selling alcoholic 243
beverages. The department shall sell alcoholic beverages at 244
uniform prices throughout the state. Pricing for all alcoholic 245
beverages shall be set by the addition of the markup and taxes to 246
the price at which the beverages were purchased by the department. 247
(5) A permittee's order shall qualify for shipping when it 248
includes the minimum number of cases of alcoholic beverages as set 249
by the department. The department shall place qualifying orders 250
in a queue for shipment in the order in which the orders are made. 251
An order of fewer than the minimum number of cases, and special 252
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orders, shall be added to the permittee's next qualified shipment. 253
The department shall give sufficient notice of any change in the 254
minimum number of cases for shipping and shall allow the 255
opportunity for comment. 256
(6) The department shall set a per-case shipping fee to be 257
charged to permittees. The department shall adjust the fee to 258
match, as closely as possible, the shipping costs as defined in 259
Section 67-1-201. The shipping fee charged under this subsection 260
shall be deposited to the credit of the ABC Shipping Fund created 261
in Section 27-71-29. 262
(7) The department shall charge manufacturers a bailment fee 263
of One Dollar and Fifty Cents ($1.50) per case of alcoholic 264
beverages stored in the warehouse, to be deposited to the credit 265
of the bond sinking fund created in Section 7(3) of Chapter 483, 266
Laws of 2022. 267
SECTION 4. Section 27-71-15, Mississippi Code of 1972, is 268
brought forward as follows: 269
27-71-15. Except as otherwise provided in Section 67-9-1 for 270
the transportation of limited amounts of alcoholic beverages for 271
the use of an alcohol processing permittee, and in Sections 272
67-1-301 to 67-1-317 for the sale and shipment of wine by the 273
holder of a direct wine shipper's permit, if transportation 274
requires passage through a county which has not authorized the 275
sale of alcoholic beverages, such transportation shall be by a 276
sealed vehicle. Such seal shall remain unbroken until the vehicle 277
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shall reach the place of business operated by the permittee. The 278
operator of any vehicle transporting alcoholic beverages shall 279
have in his possession an invoice issued by the department at the 280
time of the wholesale sale covering the merchandise transported by 281
the vehicle. The department is authorized to issue regulations 282
controlling the transportation of alcoholic beverages. 283
When the restrictions imposed by this section and by the 284
regulation of the department have not been violated, the person 285
transporting alcoholic beverages through a county wherein the sale 286
of alcoholic beverages is prohibited shall not be guilty of 287
unlawful possession and such merchandise shall be immune from 288
seizure. 289
SECTION 5. Section 27-71-29, Mississippi Code of 1972, is 290
brought forward as follows: 291
27-71-29. (1) (a) All taxes levied by this article shall 292
be paid to the Department of Revenue in cash or by personal check, 293
cashier's check, bank exchange, post office money order or express 294
money order and shall be deposited by the department in the State 295
Treasury on the same day collected, but no remittances other than 296
cash shall be a final discharge of liability for the tax herein 297
imposed and levied unless and until it has been paid in cash to 298
the department. 299
(b) All taxes levied under Section 27-71-7(1) and 300
received by the department under this article shall be paid into 301
the General Fund, and the three percent (3%) levied under Section 302
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27-71-7(2) and received by the department under this article shall 303
be paid into the special fund in the State Treasury designated as 304
the "Alcoholism Treatment and Rehabilitation Fund" as required by 305
law. Any funds derived from the sale of alcoholic beverages in 306
excess of inventory requirements shall be paid not less often than 307
annually into the General Fund, except for a portion of the 308
twenty-seven and one-half percent (27-1/2%) markup provided for in 309
Section 27-71-11, as specified in subsection (2) of this section, 310
and except for fees charged by the department for the defraying of 311
costs associated with shipping alcoholic beverages. The revenue 312
derived from these fees shall be deposited by the department into 313
a special fund, hereby created in the State Treasury, which is 314
designated the "ABC Shipping Fund." The monies in this special 315
fund shall be earmarked for use by the department for any 316
expenditure made to ship alcoholic beverages. Any net proceeds 317
remaining in the special fund on August 1 of any fiscal year shall 318
lapse into the General Fund. "Net proceeds" in this section means 319
the total of all fees collected by the department to defray the 320
costs of shipping less the actual costs of shipping. 321
(c) All taxes levied under Section 27-71-7(3) and 322
received by the department under this article shall be paid into 323
the General Fund, except for an amount equivalent to the three 324
percent (3%) levied under Section 27-71-7(2), which shall be paid 325
into the special fund in the State Treasury designated as the 326
"Mental Health Programs Fund" as required by law. 327
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(2) If the special bond sinking fund created in Section 7(3) 328
of Chapter 483, Laws of 2022 has a balance below the minimum 329
amount specified in the resolution providing for the issuance of 330
the bonds, or below one and one-half (1-1/2) times the amount 331
needed to pay the annual debt obligations related to the bonds 332
issued under Section 7 of Chapter 483, Laws of 2022, whichever is 333
the lesser amount, the Commissioner of Revenue shall transfer the 334
deficit amount to the bond sinking fund from revenue derived from 335
the twenty-seven and one-half percent (27-1/2%) markup provided 336
for in Section 27-71-11. 337
SECTION 6. Section 67-1-5, Mississippi Code of 1972, is 338
brought forward as follows: 339
67-1-5. For the purposes of this article and unless 340
otherwise required by the context: 341
(a) "Alcoholic beverage" means any alcoholic liquid, 342
including wines of more than five percent (5%) of alcohol by 343
weight, capable of being consumed as a beverage by a human being, 344
but shall not include light wine, light spirit product and beer, 345
as defined in Section 67-3-3, but shall include native wines, 346
native spirits, and craft spirits. The words "alcoholic beverage" 347
shall not include ethyl alcohol manufactured or distilled solely 348
for fuel purposes or beer of an alcoholic content of more than 349
eight percent (8%) by weight if the beer is legally manufactured 350
in this state for sale in another state. 351
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(b) "Alcohol" means the product of distillation of any 352
fermented liquid, whatever the origin thereof, and includes 353
synthetic ethyl alcohol, but does not include denatured alcohol or 354
wood alcohol. 355
(c) "Distilled spirits" means any beverage containing 356
more than six percent (6%) of alcohol by weight produced by 357
distillation of fermented grain, starch, molasses or sugar, 358
including dilutions and mixtures of these beverages. 359
(d) "Wine" or "vinous liquor" means any product 360
obtained from the alcoholic fermentation of the juice of sound, 361
ripe grapes, fruits, honey or berries and made in accordance with 362
the revenue laws of the United States. 363
(e) "Person" means and includes any individual, 364
partnership, corporation, association or other legal entity 365
whatsoever. 366
(f) "Manufacturer" means any person engaged in 367
manufacturing, distilling, rectifying, blending or bottling any 368
alcoholic beverage. 369
(g) "Wholesaler" means any person, other than a 370
manufacturer, engaged in distributing or selling any alcoholic 371
beverage at wholesale for delivery within or without this state 372
when such sale is for the purpose of resale by the purchaser. 373
(h) "Retailer" means any person who sells, distributes, 374
or offers for sale or distribution, any alcoholic beverage for use 375
or consumption by the purchaser and not for resale. 376
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(i) "State Tax Commission," "commission" or 377
"department" means the Department of Revenue of the State of 378
Mississippi, which shall create a division in its organization to 379
be known as the Alcoholic Beverage Control Division. Any 380
reference to the commission or the department hereafter means the 381
powers and duties of the Department of Revenue with reference to 382
supervision of the Alcoholic Beverage Control Division. 383
(j) "Division" means the Alcoholic Beverage Control 384
Division of the Department of Revenue. 385
(k) "Municipality" means any incorporated city or town 386
of this state. 387
(l) "Hotel" means an establishment within a 388
municipality, or within a qualified resort area approved as such 389
by the department, where, in consideration of payment, food and 390
lodging are habitually furnished to travelers and wherein are 391
located at least twenty (20) adequately furnished and completely 392
separate sleeping rooms with adequate facilities that persons 393
usually apply for and receive as overnight accommodations. Hotels 394
in towns or cities of more than twenty-five thousand (25,000) 395
population are similarly defined except that they must have fifty 396
(50) or more sleeping rooms. Any such establishment described in 397
this paragraph with less than fifty (50) beds shall operate one or 398
more regular dining rooms designed to be constantly frequented by 399
customers each day. When used in this article, the word "hotel" 400
shall also be construed to include any establishment that meets 401
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the definition of "bed and breakfast inn" as provided in this 402
section. 403
(m) "Restaurant" means: 404
(i) A place which is regularly and in a bona fide 405
manner used and kept open for the serving of meals to guests for 406
compensation, which has suitable seating facilities for guests, 407
and which has suitable kitchen facilities connected therewith for 408
cooking an assortment of foods and meals commonly ordered at 409
various hours of the day; the service of such food as sandwiches 410
and salads only shall not be deemed in compliance with this 411
requirement. Except as otherwise provided in this paragraph, no 412
place shall qualify as a restaurant under this article unless 413
twenty-five percent (25%) or more of the revenue derived from such 414
place shall be from the preparation, cooking and serving of meals 415
and not from the sale of beverages, or unless the value of food 416
given to and consumed by customers is equal to twenty-five percent 417
(25%) or more of total revenue; or 418
(ii) Any privately owned business located in a 419
building in a historic district where the district is listed in 420
the National Register of Historic Places, where the building has a 421
total occupancy rating of not less than one thousand (1,000) and 422
where the business regularly utilizes ten thousand (10,000) square 423
feet or more in the building for live entertainment, including not 424
only the stage, lobby or area where the audience sits and/or 425
stands, but also any other portion of the building necessary for 426
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the operation of the business, including any kitchen area, bar 427
area, storage area and office space, but excluding any area for 428
parking. In addition to the other requirements of this 429
subparagraph, the business must also serve food to guests for 430
compensation within the building and derive the majority of its 431
revenue from event-related fees, including, but not limited to, 432
admission fees or ticket sales to live entertainment in the 433
building, and from the rental of all or part of the facilities of 434
the business in the building to another party for a specific event 435
or function. 436
(n) "Club" means an association or a corporation: 437
(i) Organized or created under the laws of this 438
state for a period of five (5) years prior to July 1, 1966; 439
(ii) Organized not primarily for pecuniary profit 440
but for the promotion of some common object other than the sale or 441
consumption of alcoholic beverages; 442
(iii) Maintained by its members through the 443
payment of annual dues; 444
(iv) Owning, hiring or leasing a building or space 445
in a building of such extent and character as may be suitable and 446
adequate for the reasonable and comfortable use and accommodation 447
of its members and their guests; 448
(v) The affairs and management of which are 449
conducted by a board of directors, board of governors, executive 450
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committee, or similar governing body chosen by the members at a 451
regular meeting held at some periodic interval; and 452
(vi) No member, officer, agent or employee of 453
which is paid, or directly or indirectly receives, in the form of 454
a salary or other compensation any profit from the distribution or 455
sale of alcoholic beverages to the club or to members or guests of 456
the club beyond such salary or compensation as may be fixed and 457
voted at a proper meeting by the board of directors or other 458
governing body out of the general revenues of the club. 459
The department may, in its discretion, waive the five-year 460
provision of this paragraph. In order to qualify under this 461
paragraph, a club must file with the department, at the time of 462
its application for a license under this article, two (2) copies 463
of a list of the names and residences of its members and similarly 464
file, within ten (10) days after the election of any additional 465
member, his name and address. Each club applying for a license 466
shall also file with the department at the time of the application 467
a copy of its articles of association, charter of incorporation, 468
bylaws or other instruments governing the business and affairs 469
thereof. 470
(o) "Qualified resort area" means any area or locality 471
outside of the limits of incorporated municipalities in this state 472
commonly known and accepted as a place which regularly and 473
customarily attracts tourists, vacationists and other transients 474
because of its historical, scenic or recreational facilities or 475
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attractions, or because of other attributes which regularly and 476
customarily appeal to and attract tourists, vacationists and other 477
transients in substantial numbers; however, no area or locality 478
shall so qualify as a resort area until it has been duly and 479
properly approved as such by the department. The department may 480
not approve an area as a qualified resort area after July 1, 2018, 481
if any portion of such proposed area is located within two (2) 482
miles of a convent or monastery that is located in a county 483
traversed by Interstate 55 and U.S. Highway 98. A convent or 484
monastery may waive such distance restrictions in favor of 485
allowing approval by the department of an area as a qualified 486
resort area. Such waiver shall be in written form from the owner, 487
the governing body, or the appropriate officer of the convent or 488
monastery having the authority to execute such a waiver, and the 489
waiver shall be filed with and verified by the department before 490
becoming effective. 491
(i) The department may approve an area or locality 492
outside of the limits of an incorporated municipality that is in 493
the process of being developed as a qualified resort area if such 494
area or locality, when developed, can reasonably be expected to 495
meet the requisites of the definition of the term "qualified 496
resort area." In such a case, the status of qualified resort area 497
shall not take effect until completion of the development. 498
(ii) The term includes any state park which is 499
declared a resort area by the department; however, such 500
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declaration may only be initiated in a written request for resort 501
area status made to the department by the Executive Director of 502
the Department of Wildlife, Fisheries and Parks, and no permit for 503
the sale of any alcoholic beverage, as defined in this article, 504
except an on-premises retailer's permit, shall be issued for a 505
hotel, restaurant or bed and breakfast inn in such park. 506
(iii) The term includes: 507
1. The clubhouses associated with the state 508
park golf courses at the Lefleur's Bluff State Park, the John Kyle 509
State Park, the Percy Quin State Park and the Hugh White State 510
Park; 511
2. The clubhouse and associated golf course, 512
tennis courts and related facilities and swimming pool and related 513
facilities where the golf course, tennis courts and related 514
facilities and swimming pool and related facilities are adjacent 515
to one or more planned residential developments and the golf 516
course and all such developments collectively include at least 517
seven hundred fifty (750) acres and at least four hundred (400) 518
residential units; 519
3. Any facility located on property that is a 520
game reserve with restricted access that consists of at least 521
three thousand (3,000) contiguous acres with no public roads and 522
that offers as a service hunts for a fee to overnight guests of 523
the facility; 524
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4. Any facility located on federal property 525
surrounding a lake and designated as a recreational area by the 526
United States Army Corps of Engineers that consists of at least 527
one thousand five hundred (1,500) acres; 528
5. Any facility that is located in a 529
municipality that is bordered by the Pearl River, traversed by 530
Mississippi Highway 25, adjacent to the boundaries of the Jackson 531
International Airport and is located in a county which has voted 532
against coming out from under the dry law; however, any such 533
facility may only be located in areas designated by the governing 534
authorities of such municipality; 535
6. Any municipality with a population in 536
excess of ten thousand (10,000) according to the latest federal 537
decennial census that is located in a county that is bordered by 538
the Pearl River and is not traversed by Interstate Highway 20, 539
with a population in excess of forty-five thousand (45,000) 540
according to the latest federal decennial census; 541
7. The West Pearl Restaurant Tax District as 542
defined in Chapter 912, Local and Private Laws of 2007; 543
8. a. Land that is located in any county in 544
which Mississippi Highway 43 and Mississippi Highway 25 intersect 545
and: 546
A. Owned by the Pearl River Valley 547
Water Supply District, and/or 548
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B. Located within the Reservoir 549
Community District, zoned commercial, east of Old Fannin Road, 550
north of Regatta Drive, south of Spillway Road, west of Hugh Ward 551
Boulevard and accessible by Old Fannin Road, Spillway Road, Spann 552
Drive and/or Lake Vista Place, and/or 553
C. Located within the Reservoir 554
Community District, zoned commercial, west of Old Fannin Road, 555
south of Spillway Road and extending to the boundary of the 556
corporate limits of the City of Flowood, Mississippi; 557
b. The board of supervisors of such 558
county, with respect to B and C of item 8.a., may by resolution or 559
other order: 560
A. Specify the hours of operation 561
of facilities that offer alcoholic beverages for sale, 562
B. Specify the percentage of 563
revenue that facilities that offer alcoholic beverages for sale 564
must derive from the preparation, cooking and serving of meals and 565
not from the sale of beverages, and 566
C. Designate the areas in which 567
facilities that offer alcoholic beverages for sale may be located; 568
9. Any facility located on property that is a 569
game reserve with restricted access that consists of at least 570
eight hundred (800) contiguous acres with no public roads, that 571
offers as a service hunts for a fee to overnight guests of the 572
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facility, and has accommodations for at least fifty (50) overnight 573
guests; 574
10. Any facility that: 575
a. Consists of at least six thousand 576
(6,000) square feet being heated and cooled along with an 577
additional adjacent area that consists of at least two thousand 578
two hundred (2,200) square feet regardless of whether heated and 579
cooled, 580
b. For a fee is used to host events such 581
as weddings, reunions and conventions, 582
c. Provides lodging accommodations 583
regardless of whether part of the facility and/or located adjacent 584
to or in close proximity to the facility, and 585
d. Is located on property that consists 586
of at least thirty (30) contiguous acres; 587
11. Any facility and related property: 588
a. Located on property that consists of 589
at least one hundred twenty-five (125) contiguous acres and 590
consisting of an eighteen-hole golf course, and/or located in a 591
facility that consists of at least eight thousand (8,000) square 592
feet being heated and cooled, 593
b. Used for the purpose of providing 594
meals and hosting events, and 595
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c. Used for the purpose of teaching 596
culinary arts courses and/or turf management and grounds keeping 597
courses, and/or outdoor recreation and leadership courses; 598
12. Any facility and related property that: 599
a. Consist of at least eight thousand 600
(8,000) square feet being heated and cooled, 601
b. For a fee is used to host events, 602
c. Is used for the purpose of culinary 603
arts courses, and/or live entertainment courses and art 604
performances, and/or outdoor recreation and leadership courses; 605
13. The clubhouse and associated golf course 606
where the golf course is adjacent to one or more residential 607
developments and the golf course and all such developments 608
collectively include at least two hundred (200) acres and at least 609
one hundred fifty (150) residential units and are located a. in a 610
county that has voted against coming out from under the dry law; 611
and b. outside of but in close proximity to a municipality in such 612
county which has voted under Section 67-1-14, after January 1, 613
2013, to come out from under the dry law; 614
14. The clubhouse and associated 615
eighteen-hole golf course located in a municipality traversed by 616
Interstate Highway 55 and U.S. Highway 51 that has voted to come 617
out from under the dry law; 618
15. a. Land that is planned for mixed-use 619
development and consists of at least two hundred (200) contiguous 620
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acres with one or more planned residential developments 621
collectively planned to include at least two hundred (200) 622
residential units when completed, and also including a facility 623
that consists of at least four thousand (4,000) square feet that 624
is not part of such land but is located adjacent to or in close 625
proximity thereto, and in addition, also including land located 626
and beginning outside of and adjacent to the south boundary of the 627
corporate limits of a municipality on South Montgomery Street and 628
running approximately one (1) mile west outside of and along such 629
corporate limits, then running in a straight line parallel to 630
South Montgomery Street south to Poor House Road, then running 631
east along Poor House Road to South Montgomery Street, and then 632
running north along South Montgomery Street back to the point of 633
beginning, and which land is located: 634
A. In a county that has voted to 635
come out from under the dry law, 636
B. Outside the corporate limits of 637
any municipality in such county and adjacent to or in close 638
proximity to a golf course located in a municipality in such 639
county, and 640
C. Within one (1) mile of a state 641
institution of higher learning; 642
b. The board of supervisors of such 643
county may by resolution or other order: 644
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A. Specify the hours of operation 645
of facilities that offer alcoholic beverages for sale, 646
B. Specify the percentage of 647
revenue that facilities that offer alcoholic beverages for sale 648
must derive from the preparation, cooking and serving of meals and 649
not from the sale of beverages, and 650
C. Designate the areas in which 651
facilities that offer alcoholic beverages for sale may be located; 652
16. Any facility with a capacity of five 653
hundred (500) people or more, to be used as a venue for private 654
events, on a tract of land in the Southwest Quarter of Section 33, 655
Township 2 South, Range 7 East, of a county where U.S. Highway 45 656
and U.S. Highway 72 intersect and that has not voted to come out 657
from under the dry law; 658
17. One hundred five (105) contiguous acres, 659
more or less, located in Hinds County, Mississippi, and in the 660
City of Jackson, Mississippi, whereon are constructed a variety of 661
buildings, improvements, grounds or objects for the purpose of 662
holding events thereon to promote agricultural and industrial 663
development in Mississippi; 664
18. Land that is owned by a state institution 665
of higher learning, land that is owned by an entity that is bound 666
by an affiliation agreement with a state institution of higher 667
learning, or land that is owned by one or more other entities so 668
long as such other entities are solely owned, either directly or 669
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through additional entities, by an institution of higher learning 670
and/or one or more entities bound by affiliation agreements with 671
such institution, and: 672
a. Located entirely within a county that 673
has elected by majority vote not to permit the transportation, 674
storage, sale, distribution, receipt and/or manufacture of light 675
wine and beer pursuant to Section 67-3-7; and 676
b. A. Located adjacent to but outside 677
the incorporated limits of a municipality that has elected by 678
majority vote to permit the sale, receipt, storage and 679
transportation of light wine and beer pursuant to Section 67-3-9; 680
or 681
B. Located in an area bounded on 682
the north by College View Drive, on the east by Mississippi 683
Highway 12 East, on the south by Mississippi Highway 12 East, on 684
the west by Mill Street, on the north by Russell Street, then on 685
the west by Colonel Muldrow Avenue, on the north by University 686
Drive, on the west by Adkerson Way within a municipality through 687
which run Mississippi Highway 25, Mississippi Highway 12 and U.S. 688
Highway 82. 689
If any portion of the land described in this item 18 has been 690
declared a qualified resort area by the department before July 1, 691
2020, then that qualified resort area shall be incorporated into 692
the qualified resort area created by this item 18; 693
19. Any facility and related property: 694
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a. Used as a flea market or similar 695
venue during a weekend (Saturday and Sunday) immediately preceding 696
the first Monday of a month and having an annual average of at 697
least one thousand (1,000) visitors for each such weekend and five 698
hundred (500) vendors for Saturday of each such weekend, and 699
b. Located in a county that has not 700
voted to come out from under the dry law and outside of but in 701
close proximity to a municipality located in such county and which 702
municipality has voted to come out from under the dry law; 703
20. Blocks 1, 2 and 3 of the original town 704
square in any municipality with a population in excess of one 705
thousand five hundred (1,500) according to the latest federal 706
decennial census and which is located in: 707
a. A county traversed by Interstate 55 708
and Interstate 20, and 709
b. A judicial district that has not 710
voted to come out from under the dry law; 711
21. Any municipality with a population in 712
excess of two thousand (2,000) according to the latest federal 713
decennial census and in which is located a part of White's Creek 714
Lake and in which U.S. Highway 82 intersects with Mississippi 715
Highway 9 and located in a county that is partially bordered on 716
one (1) side by the Big Black River; 717
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22. A restaurant located on a two-acre tract 718
adjacent to a five-hundred-fifty-acre lake in the northeast corner 719
of a county traversed by U.S. Interstate 55 and U.S. Highway 84; 720
23. Any tracts of land in Oktibbeha County, 721
situated north of Bailey Howell Drive, Lee Boulevard and Old 722
Mayhew Road, east of George Perry Street and south of Mississippi 723
Highway 182, and not located on the property of a state 724
institution of higher learning; however, the board of supervisors 725
of such county may by resolution or other order: 726
a. Specify the hours of operation of 727
facilities that offer alcoholic beverages for sale; 728
b. Specify the percentage of revenue 729
that facilities that offer alcoholic beverages for sale must 730
derive from the preparation, cooking and serving of meals and not 731
from the sale of beverages; and 732
c. Designate the areas in which 733
facilities that offer alcoholic beverages for sale may be located; 734
24. A municipality in which Mississippi 735
Highway 27 and Mississippi Highway 28 intersect; 736
25. A municipality through which run 737
Mississippi Highway 35 and Interstate 20; 738
26. A municipality in which Mississippi 739
Highway 16 and Mississippi Highway 35 intersect; 740
27. A municipality in which U.S. Highway 82 741
and Old Highway 61 intersect; 742
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28. A municipality in which Mississippi 743
Highway 8 meets Mississippi Highway 1; 744
29. A municipality in which U.S. Highway 82 745
and Mississippi Highway 1 intersect; 746
30. A municipality in which Mississippi 747
Highway 50 meets Mississippi Highway 9; 748
31. An area bounded on the north by Pearl 749
Street, on the east by West Street, on the south by Court Street 750
and on the west by Farish Street, within a municipality bordered 751
on the east by the Pearl River and through which run Interstate 20 752
and Interstate 55; 753
32. Any facility and related property that: 754
a. Is contracted for mixed-use 755
development improvements consisting of office and residential 756
space and a restaurant and lounge, partially occupying the 757
renovated space of a four-story commercial building which 758
previously served as a financial institution; and adjacent 759
property to the west consisting of a single-story office building 760
that was originally occupied by the Brotherhood of Carpenters and 761
Joiners of American Local Number 569; and 762
b. Is situated on a tract of land 763
consisting of approximately one and one-tenth (1.10) acres, and 764
the adjacent property to the west consisting of approximately 0.5 765
acres, located in a municipality which is the seat of county 766
government, situated south of Interstate 10, traversed by U.S. 767
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Highway 90, partially bordered on one (1) side by the Pascagoula 768
River and having its most southern boundary bordered by the Gulf 769
of Mexico, with a population greater than twenty-two thousand 770
(22,000) according to the 2010 federal decennial census; however, 771
the governing authorities of such a municipality may by ordinance: 772
A. Specify the hours of operation 773
of facilities that offer alcoholic beverages for sale; 774
B. Specify the percentage of 775
revenue that facilities that offer alcoholic beverages for sale 776
must derive from the preparation, cooking and serving of meals and 777
not from the sale of beverages; and 778
C. Designate the areas within the 779
facilities in which alcoholic beverages may be offered for sale; 780
33. Any facility with a maximum capacity of 781
one hundred twenty (120) people that consists of at least three 782
thousand (3,000) square feet being heated and cooled, has a 783
commercial kitchen, has a pavilion that consists of at least nine 784
thousand (9,000) square feet and is located on land more 785
particularly described as follows: 786
All that part of the East Half of the Northwest Quarter of 787
Section 21, Township 7 South, Range 4 East, Union County, 788
Mississippi, that lies South of Mississippi State Highway 348 789
right-of-way and containing 19.48 acres, more or less. 790
ALSO, 791
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The Northeast 38 acres of the Southwest Quarter of Section 792
21, Township 7 South, Range 4 East, Union County, Mississippi. 793
ALSO, 794
The South 81 1/2 acres of the Southwest Quarter of Section 795
21, Township 7 South, Range 4 East, Union County, Mississippi; 796
34. A municipality in which U.S. Highway 51 797
and Mississippi Highway 16 intersect; 798
35. A municipality in which Interstate 20 799
passes over Mississippi Highway 15; 800
36. Any municipality that is bordered in its 801
northwestern boundary by the Pearl River, traversed by U.S. 802
Highway 49 and Interstate 20, and is located in a county which has 803
voted against coming out from under the dry law; 804
37. A municipality in which Mississippi 805
Highway 28 and Mississippi Highway 29 North intersect; 806
38. An area bounded as follows within a 807
municipality through which run Interstate 22 and Mississippi 808
Highway 15: Beginning at a point at the intersection of Bankhead 809
Street and Tallahatchie Trails; then running to a point at the 810
intersection of Tallahatchie Trails and Interstate 22; then 811
running to a point at the intersection of Interstate 22 and Carter 812
Avenue; then running to a point at the intersection of Carter 813
Avenue and Camp Avenue; then running to a point at the 814
intersection of Camp Avenue and King Street; then running to a 815
point at the intersection of King Street and E. Main Street; then 816
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running to a point at the intersection of E. Main Street and Camp 817
Avenue; then running to a point at the intersection of Camp Avenue 818
and Highland Street; then running to a point at the intersection 819
of Highland Street and Adams Street; then running to a point at 820
the intersection of Adams Street and Cleveland Street; then 821
running to a point at the intersection of Cleveland Street and N. 822
Railroad Avenue; then running to a point at the intersection of N. 823
Railroad Avenue and McGill Street; then running to a point at the 824
intersection of McGill Street and Snyder Street; then running to a 825
point at the intersection of Snyder Street and Bankhead Street; 826
then running to a point at the intersection of Bankhead Street and 827
Tallahatchie Trails and the point of the beginning; 828
39. A municipality through which run 829
Mississippi Highway 43 and U.S. Highway 80; 830
40. The coliseum in a municipality in which 831
U.S. Highway 72 passes over U.S. Highway 45; 832
41. A piece of property on the northeast 833
corner of the T-intersection where Builders Square Drive meets 834
Mississippi Highway 471; 835
42. The clubhouse and associated golf course, 836
tennis courts and related facilities and swimming pool and related 837
facilities located on Oaks Country Club Road less than one-half 838
(1/2) mile to the east of Mississippi Highway 15; 839
43. Any facility located on land more 840
particularly described as follows: 841
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The East Half (E 1/2) of the Southwest Quarter (SW 1/4) of 842
Section 15, Township 3 North, Range 2 East; a 4 acre parcel in the 843
Southwest Corner of the Southwest Quarter (SW 1/4) of the 844
Southeast Quarter (SE 1/4), Section 15, Township 3 North, Range 2 845
East, running 210 feet east and west and 840 feet running north 846
and south; the Northeast Quarter (NE 1/4) of the Northwest Quarter 847
(NW 1/4) of Section 22, Township 3 North, Range 2 East, all in 848
Rankin County, Mississippi; 849
44. Any facility located on land more 850
particularly described as follows: 851
Beginning at a point 1915 feet west and 2171 feet north of 852
southeast corner, Section 11, Township 24 North, Range 2 West, 853
Second Judicial District, Tallahatchie County, Mississippi, which 854
point is the southwest corner of J.C. Section Lot mentioned in 855
deed recorded in Book 50, page 34, in the records of the Chancery 856
Clerk's Office at Sumner, in said District of said County; thence 857
South 80° West, 19 feet to the east boundary of United States 858
Highway 49-E, thence East along the east boundary of said Highway 859
270 feet to point of beginning of Lot to be conveyed; thence 860
southeast along the east boundary of said Highway 204 feet to a 861
concrete post at the intersection of the east boundary of said 862
Highway with the west boundary of gravel road from Sumner to Webb, 863
known as Oil Mill Road, thence Northwest along west boundary of 864
said Oil Mill Road 194 feet to center of driveway running 865
southwest from said Oil Mill Road to U.S. Highway 49-E; thence 866
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South 66° West along center of said driveway 128 feet to point of 867
beginning, being situated in Northwest Quarter of Southeast 868
Quarter of Section 11, together with all improvements situated 869
thereon; 870
45. Any facility that: 871
a. Consists of at least five thousand 872
six hundred (5,600) square feet being heated and cooled along with 873
a lakeside patio that consists of at least two thousand two 874
hundred (2,200) square feet, regardless of whether such patio is 875
part of the facility and/or located adjacent to or in close 876
proximity to the facility; 877
b. Includes a caterer's kitchen and 878
green room for entertainment preparation; 879
c. For a fee is used to host events; and 880
d. Is located adjacent to or in close 881
proximity to an approximately nine-acre lake on property that 882
consists of at least one hundred twenty (120) acres in a county 883
traversed by Mississippi Highway 15 and U.S. Highway 278; 884
46. Any municipality with a population in 885
excess of one thousand (1,000) according to the 2010 federal 886
decennial census and which is located in a county that is 887
traversed by U.S. Highways 84 and 98 and has not voted to come out 888
from under the dry law; 889
47. The clubhouse and associated nine-hole 890
golf course, tennis courts and related facilities and swimming 891
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pool and related facilities located on or near U.S. Highway 82 892
between Mississippi Highway 15 and Mississippi Highway 9; 893
48. The downtown square area bound by East 894
Service Drive, Commerce Street, Second Street and Court Street and 895
adjacent properties in a municipality through which run Interstate 896
55, U.S. Highway 51 and Mississippi Highway 306; 897
49. All parcels zoned for mixed-use 898
development located west of Mississippi Highway 589, more than 899
four hundred (400) feet north of Old Highway 24, east of 900
Parkers Creek and Black Creek, and south of J M Burge Road; 901
50. Any facility used by a soccer club and 902
located on Old Highway 11 between one-tenth (0.1) and two-tenths 903
(0.2) of a mile from its intersection with Oak Grove Road, in a 904
county in which U.S. Highway 98 and Mississippi Highway 589 905
intersect; 906
51. Any municipality in which U.S. Highway 49 907
and Mississippi Highway 469 intersect; 908
52. Any facility that is: 909
a. Owned by a Veterans of Foreign Wars 910
(VFW) organization that is a nonprofit corporation and registered 911
with the Mississippi Secretary of State; 912
b. Used by such organization for its 913
headquarters and other organization related purposes; and 914
c. Located outside of a municipality in 915
a county that has not voted to come out from under the dry law; 916
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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53. The following within a municipality in 917
which U.S. Highway 49 and U.S. 61 Highway intersect and through 918
which flows the Sunflower River: 919
a. An area bounded as follows: Starting 920
at the southern point of the intersection of Sunflower Avenue and 921
1st Street and going south along said avenue on its eastern side 922
to 8th Street, then going east along said street on its northern 923
side to West Tallahatchie Street, then going north along said 924
street on its western side to 4th Street/Martin Luther King 925
Boulevard, then going east along said street/boulevard on its 926
northern side to Desoto Avenue, then going north along said avenue 927
on its western side to 1st Street, then going west along said 928
street on its southern side to the point of beginning along the 929
southern side of Court Street; 930
b. Lots located at or near the 931
intersection of Madison Avenue, Walnut Street, and Riverside 932
Avenue that are in a commercial zone; and 933
c. Any facility located on the west side 934
of Sunflower Avenue to the Sunflower River between the southern 935
side of 6th Street and the northern side of 8th Street and which 936
is operated as and/or was operated as a hotel or lodging facility, 937
in consideration of payment, regardless of whether the facility 938
meets the criteria for the definition of the term "hotel" in 939
paragraph (l) of this section; and 940
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d. Any facility located on the west side 941
of Sunflower Avenue to the Sunflower River between the southern 942
side of 3rd Street and the northern side of 4th Street/Martin 943
Luther King Boulevard and which is operated as and/or was operated 944
as a musical venue, in consideration of payment; 945
54. Any municipality in which Mississippi 946
Highway 340 meets Mississippi Highway 15; 947
55. Any municipality in which Mississippi 948
Highway 540 and Mississippi Highway 149 intersect; 949
56. Any municipality in which Mississippi 950
Highway 15 and Mississippi Highway 345/Main Street intersect; 951
57. The property and structures thereon at 952
the following locations within a municipality through which run 953
U.S. Highway 45 and Mississippi Highway 145 and in which 954
Mississippi Highway 370 and Mississippi Highway 145 intersect: 955
104 West Main Street, 106 West Main Street, 108 West Main Street, 956
110 West Main Street and 112 West Main Street; 957
58. Any municipality in which U.S. Highway 11 958
and Main Street intersect and which is located in a county having 959
two (2) judicial districts; 960
59. Any municipality in which Interstate 22 961
passes over Mississippi Highway 9; 962
60. Any facility located on land more 963
particularly described as follows: 964
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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A certain parcel of land being situated in the Southeast 1/4 965
of the Northeast 1/4 of Section 9, T3N-R3E, Rankin County, 966
Mississippi, and being more particularly described as follows: 967
Commence at an existing 1/2" iron pin marking the Southwest 968
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 969
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 970
seconds East along the East line of the Southeast 1/4 of the 971
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 972
iron pin; leaving said East line of the Southeast 1/4 of the 973
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 974
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 975
thence North 00 degrees 22 minutes 19 seconds East for a distance 976
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 977
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 978
a set 1/2" iron pin marking the POINT OF BEGINNING of the parcel 979
of land herein described; from said POINT OF BEGINNING, continue 980
thence North 00 degrees 16 minutes 18 seconds East along an 981
existing fence for a distance of 493.27 feet to an existing 1/2" 982
iron pin; run thence North 03 degrees 08 minutes 15 seconds East 983
for a distance of 170.22 feet to an existing 1/2" iron pin on the 984
North line of the aforesaid Southeast 1/4 of the Northeast 1/4 of 985
Section 9; run thence North 89 degrees 46 minutes 45 seconds East 986
along said North line of the Southeast 1/4 of the Northeast 1/4 of 987
Section 9 for a distance of 1,305.51 feet to an existing 1/2" iron 988
pin marking Northeast corner thereof; leaving said North line of 989
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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the Southeast 1/4 of the Northeast 1/4 of Section 9, run thence 990
South 00 degrees 08 minutes 35 seconds West along the East line of 991
said Southeast 1/4 of the Northeast 1/4 of Section 9 for a 992
distance of 663.19 feet to a set 1/2" iron pin; leaving said East 993
line of the Southeast 1/4 of the Northeast 1/4 of Section 9, run 994
thence South 89 degrees 46 minutes 45 seconds West for a distance 995
of 1,315.51 feet to the POINT OF BEGINNING, containing 20.00 996
acres, more or less. 997
And Also: An easement for the purpose of ingress and egress 998
being situated in the Southeast 1/4 of the Northeast 1/4 and in 999
the Northeast 1/4 of the Southeast 1/4 of Section 9, T3N-R3E, 1000
Rankin County, Mississippi, and being more particularly described 1001
as follows: 1002
Begin at an existing 1/2" iron pin marking the Southwest 1003
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 1004
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 1005
seconds East along the East line of the Southeast 1/4 of the 1006
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 1007
iron pin; leaving said East line of the Southeast 1/4 of the 1008
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 1009
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 1010
thence North 00 degrees 22 minutes 19 seconds East for a distance 1011
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 1012
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 1013
a set 1/2" iron pin; run thence North 89 degrees 46 minutes 45 1014
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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seconds East for a distance of 25.00 feet to a set 1/2" iron pin; 1015
run thence South 00 degrees 16 minutes 18 seconds West for a 1016
distance of 76.66 feet to a set 1/2" iron pin; run thence South 00 1017
degrees 22 minutes 19 seconds West for a distance of 619.81 feet 1018
to a set 1/2" iron pin; run thence South 89 degrees 43 minutes 01 1019
seconds West for a distance of 26.81 feet to a set 1/2" iron pin; 1020
run thence North 00 degrees 06 minutes 13 seconds East along the 1021
West line of the aforesaid Northeast 1/4 of the Southeast 1/4 of 1022
Section 9 for a distance of 25.00 feet to the POINT OF BEGINNING, 1023
containing 17,525.4 square feet, more or less. 1024
61. Any municipality bordered on the east by 1025
the Pascagoula River and on the south by the Mississippi Sound; 1026
62. The property and structures thereon 1027
located at parcel numbers 4969 198 000; 4969 200 000; 4969 201 1028
000; 4969 206 000; 4969 207 000; 4969 208 000; 4969 218 000; 4969 1029
199; 4969 204 000 and 4969 204 001, all in Block 4 of the original 1030
town square in any municipality with a population in excess of one 1031
thousand five hundred (1,500) according to the latest federal 1032
decennial census and which is located in: 1033
a. A county traversed by Interstate 55 1034
and Interstate 20, and 1035
b. A judicial district that has not 1036
voted to come out from under the dry law; 1037
63. Any municipality in which Mississippi 1038
Highway 12 meets Mississippi Highway 17; 1039
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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64. Any municipality in which U.S. Highway 49 1040
and Mississippi Highway 469 intersect; 1041
65. The clubhouse and associated nine-hole 1042
golf course and related facilities located on or near the eastern 1043
corner of the point at which Golf Course Road meets Athens Road, 1044
in a county in which Mississippi Highway 13 and Mississippi 1045
Highway 28 intersect, with GPS coordinates of approximately 1046
31.900370078041004, -89.7928067652611; 1047
66. Any facility located at the 1048
south-to-southwest corner of the intersection of Madison Street 1049
and Bolton Brownsville Road, in a municipality in which Bolton 1050
Brownsville Road passes over Interstate 20, with GPS coordinates 1051
of approximately 32.349067271758955, -90.4596221146197; 1052
67. Any facility located at the northwest 1053
corner of the intersection of Depot Street and Madison Street, in 1054
a municipality in which Bolton Brownsville Road passes over 1055
Interstate 20, with GPS coordinates of approximately 1056
32.34903152971068, -90.46047660172901; 1057
68. Any facility located on Hinds Boulevard 1058
approximately three-tenths (0.3) of a mile south of the point at 1059
which Hinds Boulevard diverges from Clinton Road, in a 1060
municipality whose northern boundary partially consists of Snake 1061
Creek Road, and whose southern boundary partially consists of 1062
Mississippi Highway 18, with GPS coordinates of approximately 1063
32.26384517526713, -90.41586570183475; 1064
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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69. Any facility located on Pleasant Grove 1065
Drive approximately one and three-tenths (1.3) miles southeast of 1066
its intersection with Harmony Drive, in a county through which run 1067
Interstate 55 and U.S. Highway 84, with GPS coordinates of 1068
approximately 31.512043770371907, -90.2506094382595; 1069
70. Any facility located immediately north of 1070
the intersection of two roads, both named Mason Clark Drive, 1071
located between two-tenths (0.2) and three-tenths (0.3) of a mile 1072
southwest of Mississippi Highway 57/63, with GPS coordinates of 1073
approximately 31.135950529733048, -88.53068674585575; 1074
71. Any facility located on Raj Road 1075
approximately three-tenths (0.3) of a mile south of Mississippi 1076
Highway 57/63, with GPS coordinates of approximately 1077
31.139553708288418, -88.53411203512971; 1078
72. Any facility located on Raj Road 1079
approximately one-tenth (0.1) of a mile south of Mississippi 1080
Highway 57/63, with GPS coordinates of approximately 1081
31.14184097577295, -88.53287700849411; 1082
73. Any municipality through which run U.S. 1083
Highway 45 and Mississippi Highway 145 and in which Mississippi 1084
Highway 370 and Mississippi Highway 145 intersect; however, this 1085
designation as a qualified resort area shall only apply to the 1086
portion of such municipality which is located in a county that has 1087
not voted to come out from under the dry law; 1088
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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74. A municipality through which runs a 1089
portion of the Tanglefoot Trail and in which Mississippi Highway 1090
32 and East Front Street intersect; 1091
75. Lot Three (3) in Block One Hundred 1092
Seventy-eight (178) of the D.H. McInnis First Survey, sometimes 1093
referred to as D.H. McInnis Railroad Addition, to the City of 1094
Hattiesburg, the said lot having a frontage of thirty (30) feet on 1095
the Eastern side of Front Street and extending back between 1096
parallel lines ninety (90) feet to an alley, and being located in 1097
the Northwest Quarter of Section 10, Township 4 North, Range 13 1098
West, Forrest County, Mississippi; 1099
76. An area of land in George County of 1100
approximately eight and five hundredths (8.05) acres, bordered on 1101
the east and northeast by Brushy Creek, on the northwest by Brushy 1102
Creek Road, on the west by Beaver Creek Road, and on the south by 1103
a property boundary running east and west; 1104
77. A municipality in which Mississippi 1105
Highway 15 intersects with Webster Street, and in which Webster 1106
Street splits into Mill Street and Maben Starkville Road; 1107
78. A municipality in which Mississippi 1108
Highway 492 meets Mississippi Highway 35; 1109
79. A facility operating as an event venue 1110
and located on Mississippi Highway 589, with GPS coordinates of 1111
approximately 31.36730, -89.50548; 1112
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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80. An area situated in the SW 1/4 of Section 1113
12, T7N-R2E, Madison County, Mississippi, and commencing at the 1114
point on the Ross Barnett Reservoir directly east of the 1115
intersection of North Natchez Street and Louisiana Street, then go 1116
west on Louisiana Street to the intersection of Louisiana Street 1117
and Andrew Jackson Street, then west on Andrew Jackson Street to 1118
the intersection of Andrew Jackson Street and Choctaw Street, then 1119
north on Choctaw Street to the intersection of Choctaw Street and 1120
Republic Street, then west on Republic Street to the intersection 1121
of Republic Street and Port Street, then north on Port Street to 1122
the Natchez Trace right-of-way, then east on the Natchez Trace 1123
right-of-way to the Ross Barnett Reservoir, then following the 1124
Ross Barnett Reservoir south back to the point of beginning; 1125
81. Any facility located on land more 1126
particularly described as follows: 1127
Commencing at a fence corner at the Northeast corner of 1128
Section 34, Township 6 South, Range 3 East, Union County, 1129
Mississippi, for the point of beginning; thence run South 00 1130
degrees 31 minutes 39 seconds East, along the Section line, a 1131
distance of 161.83 feet to a one-half inch iron pin, thence North 1132
88 degrees 20 minutes 48 seconds West, along a fence, a distance 1133
of 1221.09 feet to a one-half iron pin, thence South 09 degrees 45 1134
minutes 37 seconds West, along a fence, a distance of 61.49 feet 1135
to a one-half inch iron pin, thence North 84 degrees l8 minutes 01 1136
seconds West, along a fence, (passing through a one-half inch iron 1137
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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pin at 196.83 feet) a distance of 234.62 feet to a mag-nail on the 1138
centerline of Union County Road No. 137, thence North 11 degrees 1139
00 minutes 29 seconds East a distance of 187.87 feet to a one-half 1140
inch iron pin on the West edge of said road, thence North 29 1141
degrees 41 minutes 28 seconds East a distance of 59.28 feet to a 1142
point on the centerline of said road, thence South 89 degrees 13 1143
minutes 02 seconds East (passing through a one-half inch iron pin 1144
at 30.0 feet) along the South line of the Bernard Whiteside 1145
property as recorded in Deed Book 117, Pages 517-518 and Deed Book 1146
214, page 109, a distance of 646.07 feet to a concrete monument, 1147
thence South 89 degrees 13 minutes 02 seconds East a distance of 1148
751.31 feet to a one-half inch iron pin, thence South 00 degrees 1149
31 minutes 39 seconds East, along the aforesaid Section line, a 1150
distance of 52.93 feet to the point of beginning, said tract lying 1151
in the Southeast Quarter of Section 27, and the Northeast Quarter 1152
of Section 34, Township 6 South, Range 3 East and containing 6.99 1153
acres. 1154
Subject to a perpetual all purpose non-exclusive easement for 1155
ingress, egress and public utilities together the right to enter 1156
upon the above described property and do any and all work 1157
necessary to build, repair and maintain a roadway or well or 1158
install public utilities all over upon and across the following 1159
described property: 1160
A 25.0 foot easement for ingress and egress, being 12.5 feet 1161
to the right and 12.5 feet to the left of the following described 1162
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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centerline: Commencing at a fence corner at the Northeast corner 1163
of Section 34, Township 6 South, Range 3 East, Union County, 1164
Mississippi, thence run South 00 degrees 31 minutes 39 seconds 1165
East, along the Section line, a distance of 149.33 feet to the 1166
point of beginning; thence North 88 degrees 20 minutes 48 seconds 1167
West a distance of 1231.46 feet to a point, thence South 09 1168
degrees 45 minutes 37 seconds West a distance of 61.49 feet to a 1169
point, thence North 84 degrees 18 minutes 01 seconds West a 1170
distance of 221.82 feet to a point on the centerline of Union 1171
County Road #137, said tract lying in the Northeast Quarter of 1172
Section 34, Township 6 South, Range 3 East; 1173
82. A country club located: 1174
a. In a county in which Mississippi 1175
Highway 15 and Mississippi Highway 16 intersect and which county 1176
has not voted to come out from under the dry law, and 1177
b. Outside the corporate limits of any 1178
municipality in such county and within one (1) mile of the 1179
corporate limits of a municipality that is the county seat of such 1180
county; 1181
83. Any facility located on North Jackson 1182
Street in a municipality through which run Mississippi Highway 8 1183
and Mississippi Highway 15, with GPS coordinates of approximately 1184
33.913692, -89.005219; 1185
84. Any facility located on North Jackson 1186
Street in a municipality through which run Mississippi Highway 8 1187
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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and Mississippi Highway 15, with GPS coordinates of approximately 1188
33.905581, -89.00200; 1189
85. Any facility located on land more 1190
particularly described as follows: 1191
Commencing at the Southeast corner of Section 4, Township 1192
6 South, Range 18 West, Pearl River County, Mississippi; 1193
thence West 1310.00 feet to a T-bar; thence North 745.84 feet; 1194
thence East 132.00 feet to a 1" iron pipe; thence North 83.61 1195
feet for the Point of Beginning; thence South 79 degrees 02 1196
minutes 61 seconds West 248.28 feet; thence West 76.35 feet; 1197
thence North 20 degrees 00 minutes 00 seconds West 185.54 1198
feet; thence North 52 degrees 43 minutes 14 seconds East 365.98 1199
feet to a 1" iron pipe on the West margin of Henry Smith Road, 1200
a gravel/paved, public road; thence along said margin South 17 1201
degrees 59 minutes 13 seconds East 299.09 feet; thence South 1202
64.39 feet to the Point of Beginning. This parcel containing 1203
2.19 acres and being a part of the East 1/2 of Section 4, 1204
Township 6 South, Range 18 West, Pearl River County, 1205
Mississippi. 1206
INDEXING: BEING A PART OF THE EAST 1/2 OF SECTION 4, 1207
TOWNSHIP 6 SOUTH, RANGE 18 WEST, PEARL RIVER COUNTY, 1208
MISSISSIPPI; 1209
86. Any facility located on land in a county 1210
through which run Mississippi Highway 25 and U.S. Highway 82 and 1211
more particularly described as follows: Beginning at a point with 1212
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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GPS coordinates of approximately 33.331869, -88.715054; then 1213
running in a straight line to a point with GPS coordinates of 1214
approximately 33.336207, -88.713453; then running in a straight 1215
line to a point with GPS coordinates of approximately 33.335369, 1216
-88.709835; then running in a straight line to a point with GPS 1217
coordinates of approximately 33.330870, -88.711496; then running 1218
in a straight line to a point with GPS coordinates of 1219
approximately 33.331869, -88.715054 and the point of the 1220
beginning; 1221
87. Any facility located on land that is 1222
owned by a community college that is located in a county through 1223
which run U.S. Highway 51 and Mississippi Highway 4; 1224
88. Any facility located on Mississippi 1225
Highway 23/178 in a municipality in which Mississippi Highway 1226
23/178 and Stone Drive intersect, with GPS coordinates of 1227
approximately 34.235269, -88.262409; 1228
89. Any facility located on U.S. Highway 51 1229
in a municipality through which run Interstate 55, U.S. Highway 51 1230
and the Natchez Trace Parkway, with GPS coordinates of 1231
approximately 32.42042°N, 90.13473°W; 1232
90. Any facility located on Mullican Road in 1233
a county through which run U.S. Highway 84 and Interstate 59, 1234
with GPS coordinates of approximately 31.73395N, 89.18186W; 1235
91. Any facility located on land in a county 1236
through which run Mississippi Highway 25 and U.S. Highway 82 and 1237
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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more particularly described as follows: Beginning at a point with 1238
GPS coordinates of approximately 33.37391, -88.80645; then running 1239
in a straight line to a point with GPS coordinates of 1240
approximately 33.37391, -88.79972; then running in a straight line 1241
to a point with GPS coordinates of approximately 33.36672, 1242
-88.80644; then running in a straight line to a point with GPS 1243
coordinates of approximately 33.36674, -88.79971; then running in 1244
a straight line to a point with GPS coordinates of approximately 1245
33.37391, -88.80645 and the point of the beginning; 1246
92. Any facility located on land more 1247
particularly described as follows: 1248
All that part of the South half (S 1/2) of the SE 1/4 of NE 1249
1/4 of Section 14, Township 4 North, Range 15 West, lying and 1250
being West of State Highway No. 589, containing one (1) acre, more 1251
or less. 1252
LESS AND EXCEPT: 1253
Begin at the point of intersection of the North line of the 1254
South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 14, 1255
Township 4 North, Range 15 West with the present Southwesterly 1256
right-of-way line of Mississippi Highway No. 589, said point is 1257
also the Northeast corner of grantor property; said point is 50.6 1258
feet West of Station 7 + 59.27 on the centerline of survey of 1259
Mississippi Highway No. 589 as shown on the plans for State 1260
Project No. SP-0014-2(10); from said POINT OF BEGINNING run thence 1261
South 08°57' East along said present Southwesterly right-of-way 1262
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line, a distance of 37.1 feet to a point that is perpendicular to 1263
and 50 feet Southwesterly of Station 7 + 30 on the centerline of 1264
survey of Mississippi Highway 589 as shown on the plans for said 1265
project; run thence South 81°03' West, a distance of 35.7 feet to 1266
the West line of the South 1/2 of the Southeast 1/4 of the 1267
Northeast 1/4 of said Section 14 and the West line of grantors 1268
property; run thence North along said West property line, a 1269
distance of 42.2 feet to the Northwest corner of the South 1/2 of 1270
the Southeast 1/4 of the Northeast 1/4 of said Section 14 and the 1271
Northwest corner of grantors property; run thence East along 1272
grantors North property line, a distance of 29.5 feet to the POINT 1273
OF BEGINNING containing 0.03 acres, more or less, and all being 1274
situated in and a part of the South 1/2 of the Southeast 1/4 of 1275
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 1276
Lamar County, Mississippi. 1277
LESS AND EXCEPT: 1278
A part of the South one-half of the Southeast 1/4 of 1279
Northeast 1/4, Northerly of a certain fence and West of 1280
Mississippi State Highway 589, in Section 14, Township 4 North, 1281
Range 15 West, Lamar County, Mississippi and more particularly 1282
described as commencing at a pine (lighter) stake being used as 1283
the Southwest corner of the Northeast 1/4 of Southeast 1/4 of the 1284
above said Section 14, thence North and along the West line of the 1285
East 1/4 of the above said Section 14 1638.8 feet to the POINT OF 1286
BEGINNING. Thence continue North and along the West line of the 1287
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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East 1/4 of the above said Section 14, 278.5 feet to the Southerly 1288
line of the property Bobby G. Aultman and Marilyn S. Aultman 1289
previously sold to the Mississippi State Highway Department; 1290
thence North 81°03' East and along the above said Southerly 1291
property line for 35.7 feet more or less to the Westerly 1292
right-of-way line of Mississippi State Highway 589; thence 1293
Southeasterly and along the above said Westerly right-of-way line 1294
232.7 feet to a concrete right-of-way marker; thence South 51°39' 1295
West and along the Northerly line of a wooden fence 88 feet to the 1296
POINT OF BEGINNING. 1297
AND ALSO: 1298
A parcel of land in a part of the Southeast 1/4 of Northwest 1299
1/4 and a part of the Southwest 1/4, Section 14, Township 4 North, 1300
Range 15 West, Lamar County, Mississippi, and more particularly 1301
described as beginning at a point where the Southerly right-of-way 1302
line of U.S. Highway 98 intersects the West line of the above said 1303
Southeast 1/4 of Northwest 1/4; thence North 67°34' East and along 1304
the Southerly right-of-way line of said highway 208.75 feet; 1305
thence South 208.75 feet; thence South 67°34' West 208.75 feet; 1306
thence South 141.3 feet; thence North 89°07'30" West 388.9 feet to 1307
the centerline of Parkers Creek; thence Northerly and along the 1308
centerline of said creek for the next three (3) calls: North 1309
35°53' East 115.6 feet; North 25°05' East 68.5 feet; North 1310
09°51'30" West 64.3 feet to the Southerly right-of-way line of 1311
U.S. Highway 98; thence North 67°34' East and along the Southerly 1312
H. B. No. 1394 *HR43/R2312* ~ OFFICIAL ~
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right-of-way line of said highway 327.85 feet to the POINT OF 1313
BEGINNING. The above described area contains 3.02 acres. 1314
AND ALSO: 1315
Commencing at the Southwest corner of the Southwest 1/4 of 1316
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 1317
Lamar County, Mississippi, run South 88°05'27" East 310.00 feet, 1318
thence South 0°53'16" West 60.50 feet to a point on a fence line, 1319
thence run along fence line South 88°05'27" East 718.93 feet to 1320
the POINT OF BEGINNING, thence North 08°48'10" West 714.67 feet to 1321
a point on the South right-of-way line of Highway No. 98, thence 1322
along said right-of-way along a curve to the right with a delta 1323
angle of 02°04'26" having a radius of 5603.58 feet and an arc 1324
length of 202.84 feet, with a chord bearing a distance of North 1325
71°53'47" East 202.83 feet to a Concrete Highway right-of-way 1326
marker, thence South 20°09'13" East 328.13 feet, thence South 1327
69°00'47" East 117.68 feet, thence South 0°58'19" West 429.12 feet 1328
to a Point on Possession Line fence, thence along said fence North 1329
88°05'27" West 299.23 feet back to the POINT OF BEGINNING, 1330
containing 5.0885 acres, more or less and being situated in the SW 1331
1/4 of the NE 1/4 and the NW 1/4 of the SE l/4 of said Section 14, 1332
together with all improvements and appurtenances thereunto 1333
belonging. 1334
AND ALSO: 1335
PARCEL NUMBER ONE: That part of the Northwest Quarter of the 1336
Southwest Quarter (Northwest 1/4 of the Southwest 1/4) of Section 1337
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14, Township 4 North, Range 15 West, of Lamar County, Mississippi, 1338
being located and situated East of the center thread of Mill Creek 1339
as the same presently runs through and bisects said 40-acre tract, 1340
and comprising 10.9 acres, more or less, and all being part of the 1341
Northwest Quarter of the Southwest Quarter (Northwest 1/4 of the 1342
Southwest 1/4) of said Section, Township and Range, Lamar County, 1343
Mississippi. 1344
AND ALSO: 1345
PARCEL NUMBER TWO: A part of the Southeast Quarter of the 1346
Northwest Quarter (Southeast 1/4 of the Northwest 1/4) and part of 1347
the Northeast Quarter of the Southwest (Northeast 1/4 of the 1348
Southwest 1/4) all in Section 14, Township 4 North, Range 15 West, 1349
Lamar County, Mississippi, being more particularly described as 1350
follows, to wit: 1351
Beginning at a point where the South margin of State Highway 1352
98 intersects the West margin of the Southeast 1/4 of the 1353
Northwest 1/4 of Section 14, Township 4 North, Range 15 West, and 1354
run Easterly along the South margin of said highway right-of-way 1355
208.75 feet; thence South 208.75 feet; thence Westerly parallel 1356
with the South margin of said highway right-of-way 208.75 feet to 1357
the West forty line; thence North 208.75 feet to the POINT OF 1358
BEGINNING, containing 1 acre, more or less. 1359
LESS AND EXCEPT: 1360
Begin at the point of intersection of an Easterly line of 1361
grantors property with the present Southerly right-of-way line of 1362
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U.S. Highway 98 as shown on the plans for State Project No. 1363
97-0014-02-044-10; from said POINT OF BEGINNING run thence South 1364
02°56' West along said Easterly property line, a distance of 127.6 1365
feet; thence run South 69°11' West, a distance of 52.9 feet; 1366
thence run South 67°13' West, a distance of 492.7 feet to the 1367
Westerly line of grantors property and the center of a creek; 1368
thence run Northerly along said Westerly property line and said 1369
center of creek, a distance of 122.8 feet to said present 1370
Southerly right-of-way line; thence run North 67°13' East along 1371
said present Southerly right-of-way line, a distance of 553.4 feet 1372
to the POINT OF BEGINNING, containing 1.43 acres, more or less, 1373
and being situated in and a part of the North 1/2 of the Southwest 1374
1/4 of Section 14, Township 4 North, Range 15 West, Lamar County, 1375
Mississippi. 1376
LESS AND EXCEPT: 1377
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 4 1378
NORTH, RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI, PROCEED EAST 1379
2136.60 FEET; THENCE NORTH 2508.67 FEET TO AN IRON PIN AND THE 1380
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 1381
FROM THE DESCRIBED POINT OF BEGINNING, PROCEED NORTH 1382
11°19'49" EAST 217.55 FEET TO AN IRON PIN; THENCE NORTH 40°11'01" 1383
EAST 118.28 FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 1384
179.15 FEET TO AN IRON PIN ON THE SOUTHERN BOUNDARY OF U.S. 1385
HIGHWAY 98; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY BOUNDARY OF 1386
SAID HIGHWAY AS FOLLOWS: SOUTH 67°35'21" WEST 699.55 FEET TO AN 1387
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IRON PIN; THENCE SOUTH 69°16'57" WEST 67.67 FEET TO A CONCRETE 1388
RIGHT-OF-WAY MARKER; THENCE SOUTH 67°35'21" WEST 310.34 FEET TO AN 1389
IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 01°25'53" WEST 1390
667.21 FEET TO AN IRON PIN; THENCE NORTH 67°35'21" EAST 491.91 1391
FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 193.77 FEET TO AN 1392
IRON PIN; THENCE NORTH 67°35'21" EAST 629.48 FEET BACK TO THE 1393
POINT OF BEGINNING. 1394
SAID PARCEL CONTAINS 12.39 ACRES AND IS LOCATED PART IN THE 1395
SE 1/4 OF THE NW 1/4, PART IN THE NE 1/4 OF THE SW 1/4, AND PART 1396
IN THE NW 1/4 OF THE SW 1/4, ALL IN SECTION 14, TOWNSHIP 4 NORTH, 1397
RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI; 1398
93. The clubhouse and associated golf course, 1399
tennis courts, swimming pools and related facilities located at 1400
333 Fairway Drive, Pontotoc, Mississippi; 1401
94. Any facility located on land more 1402
particularly described as follows: 1403
A 4.16 acre parcel being situated in the SE 1/4 of SE 1/4 of 1404
Section 31, T3N-R1E, Rankin County, Mississippi, and being more 1405
particularly described as follows: 1406
Commencing at the SE corner of said Section 31, run thence 1407
WEST - 643.33 feet to a point on the mean high water line of the 1408
Pearl River; thence North 10 degrees 50 minutes 51 seconds West - 1409
444.38 feet along said mean high water line; thence North 11 1410
degrees 58 minutes 08 seconds West - 58.90 feet along said mean 1411
high water line to the POINT OF BEGINNING: run thence North 11 1412
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degrees 58 minutes 08 seconds West - 326.63 feet along said mean 1413
high water line; thence North 19 degrees 52 minutes 24 seconds 1414
West - 74.80 feet along said mean high water line; thence North 78 1415
degrees 01 minutes 52 seconds East - 464.81 feet; thence South 07 1416
degrees 25 minutes 10 seconds East - 39.75 feet; thence South 11 1417
degrees 58 minutes 08 seconds East - 361.10 feet; thence South 78 1418
degrees 01 minutes 52 seconds West - 451.31 feet to the POINT OF 1419
BEGINNING. 1420
TOGETHER WITH a 30 foot wide access easement being situated 1421
in the SE 1/4 of Section 31, T3N, R1E, Rankin County, Mississippi; 1422
being 15 feet either side of a centerline and being more 1423
particularly described as follows: 1424
Commencing at the SE corner of said Section, run thence North 1425
- 380.22 feet to a point on the northerly right-of-way of Moncure 1426
Road; thence North 86 degrees 39 minutes 56 seconds West - 257.25 1427
feet along said road to the POINT OF BEGINNING; run thence North 1428
11 degrees 58 minutes 08 seconds West - 557.86 feet to the POINT 1429
OF TERMINUS; 1430
95. Any municipality in which Mississippi 1431
Highway 26 and U.S. Highway 11 intersect and a public community 1432
college is located; 1433
96. Any municipality in which Mississippi 1434
Highway 15 meets U.S. Highway 82; 1435
97. Any facility and/or venue and related 1436
property at 305 South Monroe Street, Houston, Mississippi. 1437
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The status of these municipalities, districts, clubhouses, 1438
facilities, golf courses and areas described in this paragraph 1439
(o)(iii) as qualified resort areas does not require any 1440
declaration of same by the department. 1441
The governing authorities of a municipality or county 1442
described, in whole or in part, in item 6, 21, 24, 25, 26, 27, 28, 1443
29, 30, 31, 34, 35, 36, 37, 38, 39, 46, 48, 51, 53, 54, 55, 56, 1444
58, 59, 61, 63, 64, 66, 67, 68, 73, 74, 83, 84, 93, 94, 95, 96, or 1445
97 of this paragraph (o)(iii) may by ordinance, with respect to 1446
the qualified resort area described in the same item: specify the 1447
hours of operation of facilities offering alcoholic beverages for 1448
sale; specify the percentage of revenue that facilities offering 1449
alcoholic beverages for sale must derive from the preparation, 1450
cooking and serving of meals and not from the sale of beverages; 1451
and designate the areas in which facilities offering alcoholic 1452
beverages for sale may be located. 1453
(p) "Native wine" means any product, produced in 1454
Mississippi for sale, having an alcohol content not to exceed 1455
twenty-one percent (21%) by weight and made in accordance with 1456
revenue laws of the United States, which shall be obtained 1457
primarily from the alcoholic fermentation of the juice of ripe 1458
grapes, fruits, berries, honey or vegetables grown and produced in 1459
Mississippi; provided that bulk, concentrated or fortified wines 1460
used for blending may be produced without this state and used in 1461
producing native wines. The department shall adopt and promulgate 1462
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rules and regulations to permit a producer to import such bulk 1463
and/or fortified wines into this state for use in blending with 1464
native wines without payment of any excise tax that would 1465
otherwise accrue thereon. 1466
(q) "Native winery" means any place or establishment 1467
within the State of Mississippi where native wine is produced, in 1468
whole or in part, for sale. 1469
(r) "Bed and breakfast inn" means an establishment 1470
within a municipality where in consideration of payment, breakfast 1471
and lodging are habitually furnished to travelers and wherein are 1472
located not less than eight (8) and not more than nineteen (19) 1473
adequately furnished and completely separate sleeping rooms with 1474
adequate facilities, that persons usually apply for and receive as 1475
overnight accommodations; however, such restriction on the minimum 1476
number of sleeping rooms shall not apply to establishments on the 1477
National Register of Historic Places. No place shall qualify as a 1478
bed and breakfast inn under this article unless on the date of the 1479
initial application for a license under this article more than 1480
fifty percent (50%) of the sleeping rooms are located in a 1481
structure formerly used as a residence. 1482
(s) "Board" shall refer to the Board of Tax Appeals of 1483
the State of Mississippi. 1484
(t) "Spa facility" means an establishment within a 1485
municipality or qualified resort area and owned by a hotel where, 1486
in consideration of payment, patrons receive from licensed 1487
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professionals a variety of private personal care treatments such 1488
as massages, facials, waxes, exfoliation and hairstyling. 1489
(u) "Art studio or gallery" means an establishment 1490
within a municipality or qualified resort area that is in the sole 1491
business of allowing patrons to view and/or purchase paintings and 1492
other creative artwork. 1493
(v) "Cooking school" means an establishment within a 1494
municipality or qualified resort area and owned by a nationally 1495
recognized company that offers an established culinary education 1496
curriculum and program where, in consideration of payment, patrons 1497
are given scheduled professional group instruction on culinary 1498
techniques. For purposes of this paragraph, the definition of 1499
cooking school shall not include schools or classes offered by 1500
grocery stores, convenience stores or drugstores. 1501
(w) "Campus" means property owned by a public school 1502
district, community or junior college, college or university in 1503
this state where educational courses are taught, school functions 1504
are held, tests and examinations are administered or academic 1505
course credits are awarded; however, the term shall not include 1506
any "restaurant" or "hotel" that is located on property owned by a 1507
community or junior college, college or university in this state, 1508
and is operated by a third party who receives all revenue 1509
generated from food and alcoholic beverage sales. 1510
(x) "Native spirit" shall mean any beverage, produced 1511
in Mississippi for sale, manufactured primarily by the 1512
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distillation of fermented grain, starch, molasses or sugar 1513
produced in Mississippi, including dilutions and mixtures of these 1514
beverages. In order to be classified as "native spirit" under the 1515
provisions of this article, at least fifty-one percent (51%) of 1516
the finished product by volume shall have been obtained from 1517
distillation of fermented grain, starch, molasses or sugar grown 1518
and produced in Mississippi. 1519
(y) "Native distillery" shall mean any place or 1520
establishment within this state where native spirit is produced in 1521
whole or in part for sale. 1522
(z) "Warehouse operator" shall have the meaning 1523
ascribed in Section 67-1-201. 1524
(aa) "Craft spirit" shall mean any alcoholic beverage 1525
produced, in whole or in part, in Mississippi by a distillery 1526
created under the laws of Mississippi at a location within 1527
Mississippi. 1528
(bb) "Craft distillery" shall mean any place or 1529
establishment within this state where craft spirit is produced in 1530
whole or in part. 1531
SECTION 7. Section 67-1-11, Mississippi Code of 1972, is 1532
brought forward as follows: 1533
67-1-11. (1) Notwithstanding any provision of this article, 1534
the legalizing provisions of this article, except as authorized 1535
under Section 67-9-1 and Section 67-1-7(2), shall not be 1536
effective, applicable or operative in any county unless and until 1537
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a local option election shall be called and held in such county in 1538
the manner and with the results hereinafter provided. 1539
(2) Upon presentation and filing of a proper petition 1540
requesting same signed by at least twenty percent (20%) or fifteen 1541
hundred (1,500), whichever number is the lesser, of the qualified 1542
electors of the county, it shall be the duty of the board of 1543
supervisors to call an election at which there shall be submitted 1544
to the qualified electors of the county the question of whether or 1545
not the sale and distribution of alcoholic beverages shall be 1546
permitted in such county as provided in this article. Such 1547
election shall be held and conducted by the county election 1548
commissioners on a date fixed by the order of the board of 1549
supervisors, which date shall not be more than sixty (60) days 1550
from the date of the filing of said petition. Notice thereof 1551
shall be given by publishing such notice once each week for at 1552
least three (3) consecutive weeks in some newspaper published in 1553
said county or, if no newspaper be published therein, by such 1554
publication in a newspaper in an adjoining county and having a 1555
general circulation in the county involved. The election shall be 1556
held not earlier than fifteen (15) days from the first publication 1557
of such notice. 1558
(3) Said election shall be held and conducted as far as may 1559
be possible in the same manner as is provided by law for the 1560
holding of general elections. The ballots used thereat shall 1561
contain a brief statement of the proposition submitted and, on 1562
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separate lines, the words "I vote FOR coming out from under the 1563
dry law in ________ County ( )" "I vote AGAINST coming out from 1564
under the dry law in ________ County ( )" with appropriate boxes 1565
in which the voters may express their choice. All qualified 1566
electors may vote by marking the ballot with a cross (x) or check 1567
(√) mark opposite the words of their choice. 1568
(4) The election commissioners shall canvass and determine 1569
the results of said election, and shall certify same to the board 1570
of supervisors which shall adopt and spread upon its minutes an 1571
order declaring such results. If, in such election, a majority of 1572
the qualified electors participating therein shall vote in favor 1573
of the proposition, this article shall become applicable and 1574
operative in such county and the manufacture, sale and 1575
distribution of alcoholic beverages therein shall be lawful to the 1576
extent and in the manner permitted hereby. If, on the other hand, 1577
a majority of the qualified electors participating in the election 1578
shall vote against the proposition, this article, except for 1579
Section 67-9-1 and 67-1-7(2), shall not become effective and 1580
operative in such county and, except as otherwise provided under 1581
Section 67-9-1 and 67-1-7(2), all laws prohibiting and regulating 1582
the manufacture, sale and distribution of alcoholic beverages 1583
shall remain in full force and effect and be administered and 1584
vigorously prosecuted therein. In either case, no further 1585
election shall be held in said county under the provisions of this 1586
article for a period of two (2) years from the date of the prior 1587
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election and then only upon the filing of a petition requesting 1588
same signed by at least twenty percent (20%) or fifteen hundred 1589
(1,500), whichever number is the lesser, of the qualified electors 1590
of the county as is otherwise provided herein. 1591
SECTION 8. Section 67-1-37, Mississippi Code of 1972, is 1592
brought forward as follows: 1593
67-1-37. The Department of Revenue, under its duties and 1594
powers with respect to the Alcoholic Beverage Control Division 1595
therein, shall have the following powers, functions and duties: 1596
(a) To issue or refuse to issue any permit provided for 1597
by this article, or to extend the permit or remit in whole or any 1598
part of the permit monies when the permit cannot be used due to a 1599
natural disaster or act of God. 1600
(b) To revoke, suspend or cancel, for violation of or 1601
noncompliance with the provisions of this article, or the law 1602
governing the production and sale of native wines, native spirits, 1603
or craft spirits, or any lawful rules and regulations of the 1604
department issued hereunder, or for other sufficient cause, any 1605
permit issued by it under the provisions of this article. The 1606
department shall also be authorized to suspend the permit of any 1607
permit holder for being out of compliance with an order for 1608
support, as defined in Section 93-11-153. The procedure for 1609
suspension of a permit for being out of compliance with an order 1610
for support, and the procedure for the reissuance or reinstatement 1611
of a permit suspended for that purpose, and the payment of any 1612
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fees for the reissuance or reinstatement of a permit suspended for 1613
that purpose, shall be governed by Section 93-11-157 or Section 1614
93-11-163, as the case may be. If there is any conflict between 1615
any provision of Section 93-11-157 or Section 93-11-163 and any 1616
provision of this article, the provisions of Section 93-11-157 or 1617
Section 93-11-163, as the case may be, shall control. 1618
(c) To prescribe forms of permits and applications for 1619
permits and of all reports which it deems necessary in 1620
administering this article. 1621
(d) To fix standards, not in conflict with those 1622
prescribed by any law of this state or of the United States, to 1623
secure the use of proper ingredients and methods of manufacture of 1624
alcoholic beverages. 1625
(e) To issue rules regulating the advertising of 1626
alcoholic beverages in the state in any class of media and 1627
permitting advertising of the retail price of alcoholic beverages. 1628
(f) To issue reasonable rules and regulations, not 1629
inconsistent with the federal laws or regulations, requiring 1630
informative labeling of all alcoholic beverages offered for sale 1631
within this state and providing for the standards of fill and 1632
shapes of retail containers of alcoholic beverages; however, such 1633
containers shall not contain less than fifty (50) milliliters by 1634
liquid measure. 1635
(g) Subject to the provisions of subsection (3) of 1636
Section 67-1-51, to issue rules and regulations governing the 1637
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issuance of retail permits for premises located near or around 1638
schools, colleges, universities, churches and other public 1639
institutions, and specifying the distances therefrom within which 1640
no such permit shall be issued. The Alcoholic Beverage Control 1641
Division shall not issue a package retailer's or on-premises 1642
retailer's permit for the sale or consumption of alcoholic 1643
beverages in or on the campus of any public school. The Alcoholic 1644
Beverage Control Division shall not issue a package retailer's 1645
permit for the sale of alcoholic beverages in or on the campus of 1646
any community or junior college, college or university. 1647
(h) To adopt and promulgate, repeal and amend, such 1648
rules, regulations, standards, requirements and orders, not 1649
inconsistent with this article or any law of this state or of the 1650
United States, as it deems necessary to control the manufacture, 1651
importation, transportation, distribution, delivery and sale of 1652
alcoholic liquor, whether intended for beverage or nonbeverage use 1653
in a manner not inconsistent with the provisions of this article 1654
or any other statute, including the native wine, native spirit, 1655
and craft spirit laws. 1656
(i) To call upon other administrative departments of 1657
the state, county and municipal governments, county and city 1658
police departments and upon prosecuting officers for such 1659
information and assistance as it may deem necessary in the 1660
performance of its duties. 1661
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(j) To prepare and submit to the Governor during the 1662
month of January of each year a detailed report of its official 1663
acts during the preceding fiscal year ending June 30, including 1664
such recommendations as it may see fit to make, and to transmit a 1665
like report to each member of the Legislature of this state upon 1666
the convening thereof at its next regular session. 1667
(k) To inspect, or cause to be inspected, any premises 1668
where alcoholic liquors intended for sale are manufactured, 1669
stored, distributed or sold, and to examine or cause to be 1670
examined all books and records pertaining to the business 1671
conducted therein. 1672
(l) To investigate the administration of laws in 1673
relation to alcoholic liquors in this and other states and any 1674
foreign countries, and to recommend from time to time to the 1675
Governor and through him to the Legislature of this state such 1676
amendments to this article, if any, as it may think desirable. 1677
(m) To designate hours and days when alcoholic 1678
beverages may be sold in different localities in the state which 1679
permit such sale. 1680
(n) To assign employees to posts of duty at locations 1681
where they will be most beneficial for the control of alcoholic 1682
beverages and to take any other action concerning persons employed 1683
under this article as authorized by law and taken in accordance 1684
with the rules, regulations and procedures of the State Personnel 1685
Board. 1686
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(o) To enforce the provisions made unlawful by Chapter 1687
3, Title 67 and Section 97-5-49. 1688
(p) To delegate its authority under this article to the 1689
Alcoholic Beverage Control Division, its director or any other 1690
officer or employee of the department that it deems appropriate. 1691
(q) To prescribe and charge a fee to defray the costs 1692
of shipping alcoholic beverages, provided that such fee is 1693
determined in a manner provided by the department by rules and/or 1694
regulations adopted in accordance with the Mississippi 1695
Administrative Procedures Law. 1696
The Alcoholic Beverage Control Division shall not issue any 1697
permit which would conflict with any zoning ordinance legally 1698
adopted by the governing authorities of any municipality or rule 1699
or regulation of any board of supervisors of any county as set 1700
forth in Section 67-1-7(1). 1701
SECTION 9. Section 67-1-41, Mississippi Code of 1972, is 1702
brought forward as follows: 1703
67-1-41. (1) The department is hereby created a wholesale 1704
distributor and seller of alcoholic beverages, not including malt 1705
liquors, within the State of Mississippi. It is granted the right 1706
to import and sell alcoholic beverages at wholesale within the 1707
state, and no person who is granted the right to sell, distribute 1708
or receive alcoholic beverages at retail shall purchase any 1709
alcoholic beverages from any source other than the department, 1710
except as authorized in subsections (4), (9) and (12) of this 1711
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section and Sections 67-1-301 to 67-1-317. The department may 1712
establish warehouses, and the department may purchase alcoholic 1713
beverages in such quantities and from such sources as it may deem 1714
desirable and sell the alcoholic beverages to authorized 1715
permittees within the state including, at the discretion of the 1716
department, any retail distributors operating within any military 1717
post or qualified resort areas within the boundaries of the state, 1718
keeping a correct and accurate record of all such transactions and 1719
exercising such control over the distribution of alcoholic 1720
beverages as seem right and proper in keeping with the provisions 1721
or purposes of this article. 1722
(2) No person for the purpose of sale shall manufacture, 1723
distill, brew, sell, possess, export, transport, distribute, 1724
warehouse, store, solicit, take orders for, bottle, rectify, 1725
blend, treat, mix or process any alcoholic beverage except in 1726
accordance with authority granted under this article, or as 1727
otherwise provided by law for native wines, native spirits, or 1728
craft spirits. 1729
(3) No alcoholic beverage intended for sale or resale shall 1730
be imported, shipped or brought into this state for delivery to 1731
any person other than as provided in this article, or as otherwise 1732
provided by law for native wines, native spirits, or craft 1733
spirits. 1734
(4) The department may promulgate rules and regulations 1735
which authorize on-premises retailers to purchase limited amounts 1736
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of alcoholic beverages from package retailers and for package 1737
retailers to purchase limited amounts of alcoholic beverages from 1738
other package retailers. The department shall develop and provide 1739
forms to be completed by the on-premises retailers and the package 1740
retailers verifying the transaction. The completed forms shall be 1741
forwarded to the department within a period of time prescribed by 1742
the department. 1743
(5) The department may promulgate rules which authorize the 1744
holder of a package retailer's permit to permit individual retail 1745
purchasers of packages of alcoholic beverages to return, for 1746
exchange, credit or refund, limited amounts of original sealed and 1747
unopened packages of alcoholic beverages purchased by the 1748
individual from the package retailer. 1749
(6) The department shall maintain all forms to be completed 1750
by applicants necessary for licensure by the department at all 1751
district offices of the department. 1752
(7) The department may promulgate rules which authorize the 1753
manufacturer of an alcoholic beverage or wine to import, transport 1754
and furnish or give a sample of alcoholic beverages or wines to 1755
the holders of package retailer's permits, on-premises retailer's 1756
permits, native wine, native spirit, or craft spirits retailer's 1757
permits and temporary retailer's permits who have not previously 1758
purchased the brand of that manufacturer from the department. For 1759
each holder of the designated permits, the manufacturer may 1760
furnish not more than five hundred (500) milliliters of any brand 1761
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of alcoholic beverage and not more than three (3) liters of any 1762
brand of wine. 1763
(8) The department may promulgate rules disallowing open 1764
product sampling of alcoholic beverages or wines by the holders of 1765
package retailer's permits and permitting open product sampling of 1766
alcoholic beverages by the holders of on-premises retailer's 1767
permits. Permitted sample products shall be plainly identified 1768
"sample" and the actual sampling must occur in the presence of the 1769
manufacturer's representatives during the legal operating hours of 1770
on-premises retailers. 1771
(9) The department may promulgate rules and regulations that 1772
authorize the holder of a research permit to import and purchase 1773
limited amounts of alcoholic beverages from importers, wineries 1774
and distillers of alcoholic beverages or from the department. The 1775
department shall develop and provide forms to be completed by the 1776
research permittee verifying each transaction. The completed 1777
forms shall be forwarded to the department within a period of time 1778
prescribed by the department. The records and inventory of 1779
alcoholic beverages shall be open to inspection at any time by the 1780
Director of the Alcoholic Beverage Control Division or any duly 1781
authorized agent. 1782
(10) The department may promulgate rules facilitating a 1783
retailer's on-site pickup of alcoholic beverages sold by the 1784
department or as authorized by the department, including, but not 1785
limited to, native wines, native spirits, or craft spirits, so 1786
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that those alcoholic beverages may be delivered to the retailer at 1787
the manufacturer's location instead of via shipment from the 1788
department's warehouse. 1789
(11) [Through June 30, 2026] This section shall not apply 1790
to alcoholic beverages authorized to be sold by the holder of a 1791
distillery retailer's permit or a festival wine permit. 1792
(11) [From and after July 1, 2026] This section shall not 1793
apply to alcoholic beverages authorized to be sold by the holder 1794
of a distillery retailer's permit. 1795
(12) (a) An individual resident of this state who is at 1796
least twenty-one (21) years of age may purchase wine from a winery 1797
and have the purchase shipped into this state so long as it is 1798
shipped to a package retailer permittee in Mississippi; however, 1799
the permittee shall pay to the department all taxes, fees and 1800
surcharges on the wine that are imposed upon the sale of wine 1801
shipped by the department or its warehouse operator. No credit 1802
shall be provided to the permittee for any taxes paid to another 1803
state as a result of the transaction. Package retailers may 1804
charge a service fee for receiving and handling shipments from 1805
wineries on behalf of the purchasers. The department shall 1806
develop and provide forms to be completed by the package retailer 1807
permittees verifying the transaction. The completed forms shall 1808
be forwarded to the department within a period of time prescribed 1809
by the department. 1810
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(b) The purchaser of wine that is to be shipped to a 1811
package retailer's store shall be required to get the prior 1812
approval of the package retailer before any wine is shipped to the 1813
package retailer. A purchaser is limited to no more than ten (10) 1814
cases of wine per year to be shipped to a package retailer. A 1815
package retailer shall notify a purchaser of wine within two (2) 1816
days after receiving the shipment of wine. If the purchaser of 1817
the wine does not pick up or take the wine from the package 1818
retailer within thirty (30) days after being notified by the 1819
package retailer, the package retailer may sell the wine as part 1820
of his inventory. 1821
(c) Shipments of wine into this state under this 1822
section shall be made by a duly licensed carrier. It shall be the 1823
duty of every common or contract carrier, and of every firm or 1824
corporation that shall bring, carry or transport wine from outside 1825
the state for delivery inside the state to package retailer 1826
permittees on behalf of consumers, to prepare and file with the 1827
department, on a schedule as determined by the department, of 1828
known wine shipments containing the name of the common or contract 1829
carrier, firm or corporation making the report, the period of time 1830
covered by said report, the name and permit number of the winery, 1831
the name and permit number of the package retailer permittee 1832
receiving such wine, the weight of the package delivered to each 1833
package retailer permittee, a unique tracking number, and the date 1834
of delivery. Reports received by the department shall be made 1835
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available by the department to the public via the Mississippi 1836
Public Records Act process in the same manner as other state 1837
alcohol filings. 1838
Upon the department's request, any records supporting the 1839
report shall be made available to the department within a 1840
reasonable time after the department makes a written request for 1841
such records. Any records containing information relating to such 1842
reports shall be kept and preserved for a period of two (2) years, 1843
unless their destruction sooner is authorized, in writing, by the 1844
department, and shall be open and available to inspection by the 1845
department upon the department's written request. Reports shall 1846
also be made available to any law enforcement or regulatory body 1847
in the state in which the railroad company, express company, 1848
common or contract carrier making the report resides or does 1849
business. 1850
Any common or contract carrier that willfully fails to make 1851
reports, as provided by this section or any of the rules and 1852
regulations of the department for the administration and 1853
enforcement of this section, is subject to a notification of 1854
violation. In the case of a continuing failure to make reports, 1855
the common or contract carrier is subject to possible license 1856
suspension and revocation at the department's discretion. 1857
(d) A winery that ships wine under this section shall 1858
be deemed to have consented to the jurisdiction of the courts of 1859
this state, of the department, of any other state agency regarding 1860
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the enforcement of this section, and of any related law, rules or 1861
regulations. 1862
(e) Any person who makes, participates in, transports, 1863
imports or receives a shipment in violation of this section is 1864
guilty of a misdemeanor and, upon conviction thereof, shall be 1865
punished by a fine of One Thousand Dollars ($1,000.00) or 1866
imprisonment in the county jail for not more than six (6) months, 1867
or both. Each shipment shall constitute a separate offense. 1868
(13) If any provision of this article, or its application to 1869
any person or circumstance, is determined by a court to be invalid 1870
or unconstitutional, the remaining provisions shall be construed 1871
in accordance with the intent of the Legislature to further limit 1872
rather than expand commerce in alcoholic beverages to protect the 1873
health, safety, and welfare of the state's residents, and to 1874
enhance strict regulatory control over taxation, distribution and 1875
sale of alcoholic beverages through the three-tier regulatory 1876
system imposed by this article upon all alcoholic beverages to 1877
curb relationships and practices calculated to stimulate sales and 1878
impair the state's policy favoring trade stability and the 1879
promotion of temperance. 1880
SECTION 10. Section 67-1-45, Mississippi Code of 1972, is 1881
brought forward as follows: 1882
67-1-45. No manufacturer, rectifier or distiller of 1883
alcoholic beverages shall sell or attempt to sell any such 1884
alcoholic beverages, except malt liquor, within the State of 1885
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Mississippi, except to the department, or as provided in Section 1886
67-1-41, or pursuant to Section 67-1-51. A producer of native 1887
wine, native spirit, or craft spirit may sell native wines, native 1888
spirits, or craft spirits, respectively, to the department or to 1889
consumers at the location of the native winery, native distillery, 1890
craft distillery, or its other tasting room locations. The holder 1891
of a direct wine shipper's permit may sell wines directly to 1892
residents in this state as authorized by Sections 67-1-301 through 1893
67-1-317. 1894
Any violation of this section by any manufacturer, rectifier 1895
or distiller shall be punished by a fine of not less than Five 1896
Hundred Dollars ($500.00), and not more than Two Thousand Dollars 1897
($2,000.00), to which may be added imprisonment in the county jail 1898
not to exceed six (6) months. 1899
SECTION 11. Section 67-1-51, Mississippi Code of 1972, is 1900
brought forward as follows: 1901
67-1-51. (1) Permits which may be issued by the department 1902
shall be as follows: 1903
(a) Manufacturer's permit. A manufacturer's permit 1904
shall permit the manufacture, importation in bulk, bottling and 1905
storage of alcoholic liquor and its distribution and sale to 1906
manufacturers holding permits under this article in this state and 1907
to persons outside the state who are authorized by law to purchase 1908
the same, and to sell as provided by this article. 1909
Manufacturer's permits shall be of the following classes: 1910
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Class 1. Distiller's and/or rectifier's permit, which shall 1911
authorize the holder thereof to operate a distillery for the 1912
production of distilled spirits by distillation or redistillation 1913
and/or to operate a rectifying plant for the purifying, refining, 1914
mixing, blending, flavoring or reducing in proof of distilled 1915
spirits and alcohol. 1916
Class 2. Wine manufacturer's permit, which shall authorize 1917
the holder thereof to manufacture, import in bulk, bottle and 1918
store wine or vinous liquor. 1919
Class 3. Native wine producer's permit, which shall 1920
authorize the holder thereof to produce, bottle, store and sell 1921
native wines. 1922
Class 4. Native spirit producer's permit, which shall 1923
authorize the holder thereof to produce, bottle, store and sell 1924
native spirits. 1925
Class 5. Craft spirit producer's permit, which shall 1926
authorize the holder thereof to perform any act or thing in the 1927
process of making craft spirit, including the manufacture, 1928
importation, bottling, and storage of alcoholic liquor and its 1929
sale. 1930
(b) Package retailer's permit. Except as otherwise 1931
provided in this paragraph and Section 67-1-52, a package 1932
retailer's permit shall authorize the holder thereof to operate a 1933
store exclusively for the sale at retail in original sealed and 1934
unopened packages of alcoholic beverages, including native wines, 1935
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native spirits, craft spirits, and edibles, not to be consumed on 1936
the premises where sold. Alcoholic beverages shall not be sold by 1937
any retailer in any package or container containing less than 1938
fifty (50) milliliters by liquid measure. A package retailer's 1939
permit, with prior approval from the department, shall authorize 1940
the holder thereof to sample new product furnished by a 1941
manufacturer's representative or his employees at the permitted 1942
place of business so long as the sampling otherwise complies with 1943
this article and applicable department regulations. Such samples 1944
may not be provided to customers at the permitted place of 1945
business. In addition to the sale at retail of packages of 1946
alcoholic beverages, the holder of a package retailer's permit is 1947
authorized to sell at retail corkscrews, wine glasses, soft 1948
drinks, ice, juices, mixers, other beverages commonly used to mix 1949
with alcoholic beverages, and fruits and foods that have been 1950
submerged in alcohol and are commonly referred to as edibles. 1951
Nonalcoholic beverages sold by the holder of a package retailer's 1952
permit shall not be consumed on the premises where sold. 1953
(c) On-premises retailer's permit. Except as otherwise 1954
provided in subsection (5) of this section, an on-premises 1955
retailer's permit shall authorize the sale of alcoholic beverages, 1956
including native wines, native spirits, and craft spirits, for 1957
consumption on the licensed premises only; however, a patron of 1958
the permit holder may remove one (1) bottle of wine from the 1959
licensed premises if: (i) the patron consumed a portion of the 1960
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bottle of wine in the course of consuming a meal purchased on the 1961
licensed premises; (ii) the permit holder securely reseals the 1962
bottle; (iii) the bottle is placed in a bag that is secured in a 1963
manner so that it will be visibly apparent if the bag is opened; 1964
and (iv) a dated receipt for the wine and the meal is available. 1965
Additionally, as part of a carryout order, a permit holder may 1966
sell one (1) bottle of wine to be removed from the licensed 1967
premises for every two (2) entrees ordered. In addition, an 1968
on-premises retailer's permittee at a permitted premises located 1969
on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 1970
Highway 90 may serve alcoholic beverages by the glass to a patron 1971
in a vehicle using a drive-through method of delivery if the 1972
permitted premises is located in a leisure and recreation district 1973
established under Section 67-1-101. Such a sale will be 1974
considered to be made on the permitted premises. An on-premises 1975
retailer's permit shall be issued only to qualified hotels, 1976
restaurants and clubs, small craft breweries, microbreweries, and 1977
to common carriers with adequate facilities for serving 1978
passengers. In resort areas, however, whether inside or outside 1979
of a municipality, the department, in its discretion, may issue 1980
on-premises retailer's permits to any establishments located 1981
therein as it deems proper. An on-premises retailer's permit when 1982
issued to a common carrier shall authorize the sale and serving of 1983
alcoholic beverages aboard any licensed vehicle while moving 1984
through any county of the state; however, the sale of such 1985
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alcoholic beverages shall not be permitted while such vehicle is 1986
stopped in a county that has not legalized such sales. If an 1987
on-premises retailer's permit is applied for by a common carrier 1988
operating solely in the water, such common carrier must, along 1989
with all other qualifications for a permit, (i) be certified to 1990
carry at least one hundred fifty (150) passengers and/or provide 1991
overnight accommodations for at least fifty (50) passengers and 1992
(ii) operate primarily in the waters within the State of 1993
Mississippi which lie adjacent to the State of Mississippi south 1994
of the three (3) most southern counties in the State of 1995
Mississippi and/or on the Mississippi River or navigable waters 1996
within any county bordering on the Mississippi River. 1997
(d) Solicitor's permit. A solicitor's permit shall 1998
authorize the holder thereof to act as salesman for a manufacturer 1999
or wholesaler holding a proper permit, to solicit on behalf of his 2000
employer orders for alcoholic beverages, and to otherwise promote 2001
his employer's products in a legitimate manner. Such a permit 2002
shall authorize the representation of and employment by one (1) 2003
principal only. However, the permittee may also, in the 2004
discretion of the department, be issued additional permits to 2005
represent other principals. No such permittee shall buy or sell 2006
alcoholic beverages for his own account, and no such beverage 2007
shall be brought into this state in pursuance of the exercise of 2008
such permit otherwise than through a permit issued to a wholesaler 2009
or manufacturer in the state. 2010
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(e) Native wine retailer's permit. Except as otherwise 2011
provided in subsection (5) of this section, a native wine 2012
retailer's permit shall be issued only to a holder of a Class 3 2013
manufacturer's permit, and shall authorize the holder thereof to 2014
make retail sales of native wines to consumers for on-premises 2015
consumption or to consumers in originally sealed and unopened 2016
containers at an establishment located on the premises of or in 2017
the immediate vicinity of a native winery. When selling to 2018
consumers for on-premises consumption, a holder of a native wine 2019
retailer's permit may add to the native wine alcoholic beverages 2020
not produced on the premises, so long as the total volume of 2021
foreign beverage components does not exceed twenty percent (20%) 2022
of the mixed beverage. Hours of sale shall be the same as those 2023
authorized for on-premises permittees in the city or county in 2024
which the native wine retailer is located. 2025
(f) Temporary retailer's permit. Except as otherwise 2026
provided in subsection (5) of this section, a temporary retailer's 2027
permit shall permit the purchase and resale of alcoholic 2028
beverages, including native wines and native spirits, during legal 2029
hours on the premises described in the temporary permit only. 2030
Temporary retailer's permits shall be of the following 2031
classes: 2032
Class 1. A temporary one-day permit may be issued to bona 2033
fide nonprofit civic or charitable organizations authorizing the 2034
sale of alcoholic beverages, including native wine, native 2035
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spirits, and craft spirits, for consumption on the premises 2036
described in the temporary permit only. Class 1 permits may be 2037
issued only to applicants demonstrating to the department, by a 2038
statement signed under penalty of perjury submitted ten (10) days 2039
prior to the proposed date or such other time as the department 2040
may determine, that they meet the qualifications of Sections 2041
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 2042
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 2043
alcoholic beverages from package retailers located in the county 2044
in which the temporary permit is issued. Alcoholic beverages 2045
remaining in stock upon expiration of the temporary permit may be 2046
returned by the permittee to the package retailer for a refund of 2047
the purchase price upon consent of the package retailer or may be 2048
kept by the permittee exclusively for personal use and 2049
consumption, subject to all laws pertaining to the illegal sale 2050
and possession of alcoholic beverages. The department, following 2051
review of the statement provided by the applicant and the 2052
requirements of the applicable statutes and regulations, may issue 2053
the permit. 2054
Class 2. A temporary permit, not to exceed seventy (70) 2055
days, may be issued to prospective permittees seeking to transfer 2056
a permit authorized in paragraph (c) of this subsection. A Class 2057
2 permit may be issued only to applicants demonstrating to the 2058
department, by a statement signed under the penalty of perjury, 2059
that they meet the qualifications of Sections 67-1-5(l), (m), (n), 2060
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(o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 2061
67-1-59. The department, following a preliminary review of the 2062
statement provided by the applicant and the requirements of the 2063
applicable statutes and regulations, may issue the permit. 2064
Class 2 temporary permittees must purchase their alcoholic 2065
beverages directly from the department or, with approval of the 2066
department, purchase the remaining stock of the previous 2067
permittee. If the proposed applicant of a Class 1 or Class 2 2068
temporary permit falsifies information contained in the 2069
application or statement, the applicant shall never again be 2070
eligible for a retail alcohol beverage permit and shall be subject 2071
to prosecution for perjury. 2072
Class 3. A temporary one-day permit may be issued to a 2073
retail establishment authorizing the complimentary distribution of 2074
wine, including native wine, to patrons of the retail 2075
establishment at an open house or promotional event, for 2076
consumption only on the premises described in the temporary 2077
permit. A Class 3 permit may be issued only to an applicant 2078
demonstrating to the department, by a statement signed under 2079
penalty of perjury submitted ten (10) days before the proposed 2080
date or such other time as the department may determine, that it 2081
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 2082
and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 2083
A Class 3 permit holder shall obtain all alcoholic beverages from 2084
the holder(s) of a package retailer's permit located in the county 2085
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in which the temporary permit is issued. Wine remaining in stock 2086
upon expiration of the temporary permit may be returned by the 2087
Class 3 temporary permit holder to the package retailer for a 2088
refund of the purchase price, with consent of the package 2089
retailer, or may be kept by the Class 3 temporary permit holder 2090
exclusively for personal use and consumption, subject to all laws 2091
pertaining to the illegal sale and possession of alcoholic 2092
beverages. The department, following review of the statement 2093
provided by the applicant and the requirements of the applicable 2094
statutes and regulations, may issue the permit. No retailer may 2095
receive more than twelve (12) Class 3 temporary permits in a 2096
calendar year. A Class 3 temporary permit shall not be issued to 2097
a retail establishment that either holds a merchant permit issued 2098
under paragraph (l) of this subsection, or holds a permit issued 2099
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 2100
the holder to engage in the business of a retailer of light wine 2101
or beer. 2102
(g) Caterer's permit. A caterer's permit shall permit 2103
the purchase of alcoholic beverages by a person engaging in 2104
business as a caterer and the resale of alcoholic beverages by 2105
such person in conjunction with such catering business. No person 2106
shall qualify as a caterer unless forty percent (40%) or more of 2107
the revenue derived from such catering business shall be from the 2108
serving of prepared food and not from the sale of alcoholic 2109
beverages and unless such person has obtained a permit for such 2110
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business from the Department of Health. A caterer's permit shall 2111
not authorize the sale of alcoholic beverages on the premises of 2112
the person engaging in business as a caterer; however, the holder 2113
of an on-premises retailer's permit may hold a caterer's permit. 2114
When the holder of an on-premises retailer's permit or an 2115
affiliated entity of the holder also holds a caterer's permit, the 2116
caterer's permit shall not authorize the service of alcoholic 2117
beverages on a consistent, recurring basis at a separate, fixed 2118
location owned or operated by the caterer, on-premises retailer or 2119
affiliated entity and an on-premises retailer's permit shall be 2120
required for the separate location. All sales of alcoholic 2121
beverages by holders of a caterer's permit shall be made at the 2122
location being catered by the caterer, and, except as otherwise 2123
provided in subsection (5) of this section, such sales may be made 2124
only for consumption at the catered location. The location being 2125
catered may be anywhere within a county or judicial district that 2126
has voted to come out from under the dry laws or in which the sale 2127
and distribution of alcoholic beverages is otherwise authorized by 2128
law. Such sales shall be made pursuant to any other conditions 2129
and restrictions which apply to sales made by on-premises retail 2130
permittees. The holder of a caterer's permit or his employees 2131
shall remain at the catered location as long as alcoholic 2132
beverages are being sold pursuant to the permit issued under this 2133
paragraph (g), and the permittee shall have at the location the 2134
identification card issued by the division. No unsold alcoholic 2135
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beverages may be left at the catered location by the permittee 2136
upon the conclusion of his business at that location. Appropriate 2137
law enforcement officers and division personnel may enter a 2138
catered location on private property in order to enforce laws 2139
governing the sale or serving of alcoholic beverages. 2140
(h) Research permit. A research permit shall authorize 2141
the holder thereof to operate a research facility for the 2142
professional research of alcoholic beverages. Such permit shall 2143
authorize the holder of the permit to import and purchase limited 2144
amounts of alcoholic beverages from the department or from 2145
importers, wineries and distillers of alcoholic beverages for 2146
professional research. 2147
(i) Alcohol processing permit. An alcohol processing 2148
permit shall authorize the holder thereof to purchase, transport 2149
and possess alcoholic beverages for the exclusive use in cooking, 2150
processing or manufacturing products which contain alcoholic 2151
beverages as an integral ingredient. An alcohol processing permit 2152
shall not authorize the sale of alcoholic beverages on the 2153
premises of the person engaging in the business of cooking, 2154
processing or manufacturing products which contain alcoholic 2155
beverages. The amounts of alcoholic beverages allowed under an 2156
alcohol processing permit shall be set by the department. 2157
(j) Hospitality cart permit. A hospitality cart permit 2158
shall authorize the sale of alcoholic beverages from a mobile cart 2159
on a golf course that is the holder of an on-premises retailer's 2160
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permit. The alcoholic beverages sold from the cart must be 2161
consumed within the boundaries of the golf course. 2162
(k) Special service permit. A special service permit 2163
shall authorize the holder to sell commercially sealed alcoholic 2164
beverages to the operator of a commercial or private aircraft for 2165
en route consumption only by passengers. A special service permit 2166
shall be issued only to a fixed-base operator who contracts with 2167
an airport facility to provide fueling and other associated 2168
services to commercial and private aircraft. 2169
(l) Merchant permit. Except as otherwise provided in 2170
subsection (5) of this section, a merchant permit shall be issued 2171
only to the owner of a spa facility, an art studio or gallery, or 2172
a cooking school, and shall authorize the holder to serve 2173
complimentary by the glass wine only, including native wine, at 2174
the holder's spa facility, art studio or gallery, or cooking 2175
school. A merchant permit holder shall obtain all wine from the 2176
holder of a package retailer's permit. 2177
(m) Temporary alcoholic beverages charitable auction 2178
permit. A temporary permit, not to exceed five (5) days, may be 2179
issued to a qualifying charitable nonprofit organization that is 2180
exempt from taxation under Section 501(c)(3) or (4) of the 2181
Internal Revenue Code of 1986. The permit shall authorize the 2182
holder to sell alcoholic beverages for the limited purpose of 2183
raising funds for the organization during a live or silent auction 2184
that is conducted by the organization and that meets the following 2185
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requirements: (i) the auction is conducted in an area of the 2186
state where the sale of alcoholic beverages is authorized; (ii) if 2187
the auction is conducted on the premises of an on-premises 2188
retailer's permit holder, then the alcoholic beverages to be 2189
auctioned must be stored separately from the alcoholic beverages 2190
sold, stored or served on the premises, must be removed from the 2191
premises immediately following the auction, and may not be 2192
consumed on the premises; (iii) the permit holder may not conduct 2193
more than two (2) auctions during a calendar year; (iv) the permit 2194
holder may not pay a commission or promotional fee to any person 2195
to arrange or conduct the auction. 2196
(n) Event venue retailer's permit. An event venue 2197
retailer's permit shall authorize the holder thereof to purchase 2198
and resell alcoholic beverages, including native wines, native 2199
spirits, and craft spirits, for consumption on the premises during 2200
legal hours during events held on the licensed premises if food is 2201
being served at the event by a caterer who is not affiliated with 2202
or related to the permittee. The caterer must serve at least 2203
three (3) entrees. The permit may only be issued for venues that 2204
can accommodate two hundred (200) persons or more. The number of 2205
persons a venue may accommodate shall be determined by the local 2206
fire department and such determination shall be provided in 2207
writing and submitted along with all other documents required to 2208
be provided for an on-premises retailer's permit. The permittee 2209
must derive the majority of its revenue from event-related fees, 2210
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including, but not limited to, admission fees or ticket sales for 2211
live entertainment in the building. "Event-related fees" do not 2212
include alcohol, beer or light wine sales or any fee which may be 2213
construed to cover the cost of alcohol, beer or light wine. This 2214
determination shall be made on a per event basis. An event may 2215
not last longer than two (2) consecutive days per week. 2216
(o) Temporary theatre permit. A temporary theatre 2217
permit, not to exceed five (5) days, may be issued to a charitable 2218
nonprofit organization that is exempt from taxation under Section 2219
501(c)(3) or (4) of the Internal Revenue Code and owns or operates 2220
a theatre facility that features plays and other theatrical 2221
performances and productions. Except as otherwise provided in 2222
subsection (5) of this section, the permit shall authorize the 2223
holder to sell alcoholic beverages, including native wines, native 2224
spirits, and craft spirits, to patrons of the theatre during 2225
performances and productions at the theatre facility for 2226
consumption during such performances and productions on the 2227
premises of the facility described in the permit. A temporary 2228
theatre permit holder shall obtain all alcoholic beverages from 2229
package retailers located in the county in which the permit is 2230
issued. Alcoholic beverages remaining in stock upon expiration of 2231
the temporary theatre permit may be returned by the permittee to 2232
the package retailer for a refund of the purchase price upon 2233
consent of the package retailer or may be kept by the permittee 2234
exclusively for personal use and consumption, subject to all laws 2235
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pertaining to the illegal sale and possession of alcoholic 2236
beverages. 2237
(p) Charter ship operator's permit. Subject to the 2238
provisions of this paragraph (p), a charter ship operator's permit 2239
shall authorize the holder thereof and its employees to serve, 2240
monitor, store and otherwise control the serving and availability 2241
of alcoholic beverages to customers of the permit holder during 2242
private charters under contract provided by the permit holder. A 2243
charter ship operator's permit shall authorize such action by the 2244
permit holder and its employees only as to alcoholic beverages 2245
brought onto the permit holder's ship by customers of the permit 2246
holder as part of such a private charter. All such alcoholic 2247
beverages must be removed from the charter ship at the conclusion 2248
of each private charter. A charter ship operator's permit shall 2249
not authorize the permit holder to sell, charge for or otherwise 2250
supply alcoholic beverages to customers, except as authorized in 2251
this paragraph (p). For the purposes of this paragraph (p), 2252
"charter ship operator" means a common carrier that (i) is 2253
certified to carry at least one hundred fifty (150) passengers 2254
and/or provide overnight accommodations for at least fifty (50) 2255
passengers, (ii) operates only in the waters within the State of 2256
Mississippi, which lie adjacent to the State of Mississippi south 2257
of the three (3) most southern counties in the State of 2258
Mississippi, and (iii) provides charters under contract for tours 2259
and trips in such waters. 2260
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(q) Distillery retailer's permit. The holder of a 2261
Class 1 manufacturer's permit may obtain a distillery retailer's 2262
permit. A distillery retailer's permit shall authorize the holder 2263
thereof to sell at retail alcoholic beverages to consumers for 2264
on-premises consumption, or to consumers by the sealed and 2265
unopened bottle from a retail location at the distillery for 2266
off-premises consumption. The holder may only sell product 2267
manufactured by the manufacturer at the distillery described in 2268
the permit. However, when selling to consumers for on-premises 2269
consumption, a holder of a distillery retailer's permit may add 2270
other beverages, alcoholic or not, so long as the total volume of 2271
other beverage components containing alcohol does not exceed 2272
twenty percent (20%). Hours of sale shall be the same as those 2273
authorized for on-premises permittees in the city or county in 2274
which the distillery retailer is located. 2275
The holder shall not sell at retail more than ten percent 2276
(10%) of the alcoholic beverages produced annually at its 2277
distillery. The holder shall not make retail sales of more than 2278
two and twenty-five one-hundredths (2.25) liters, in the 2279
aggregate, of the alcoholic beverages produced at its distillery 2280
to any one (1) individual for consumption off the premises of the 2281
distillery within a twenty-four-hour period. The hours of sale 2282
shall be the same as those hours for package retailers under this 2283
article. The holder of a distillery retailer's permit is not 2284
required to purchase the alcoholic beverages authorized to be sold 2285
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by this paragraph from the department's liquor distribution 2286
warehouse; however, if the holder does not purchase the alcoholic 2287
beverages from the department's liquor distribution warehouse, the 2288
holder shall pay to the department all taxes, fees and surcharges 2289
on the alcoholic beverages that are imposed upon the sale of 2290
alcoholic beverages shipped by the department or its warehouse 2291
operator. In addition to alcoholic beverages, the holder of a 2292
distillery retailer's permit may sell at retail promotional 2293
products from the same retail location, including shirts, hats, 2294
glasses, and other promotional products customarily sold by 2295
alcoholic beverage manufacturers. 2296
(r) Festival Permit. Any wine manufacturer, native 2297
wine producer, native spirit producer, craft spirit producer, or 2298
distilled spirit manufacturer permitted by Mississippi or any 2299
other state is eligible to obtain a Festival Permit. This permit 2300
authorizes the entity to transport product manufactured by it to 2301
festivals held within the State of Mississippi and sell sealed, 2302
unopened bottles to festival participants. The holder of this 2303
permit may provide samples at no charge to participants. 2304
"Festival" means any event at which three (3) or more vendors are 2305
present at a location for the sale or distribution of goods. The 2306
holder of a Festival Permit is not required to purchase the 2307
alcoholic beverages authorized to be sold by this paragraph from 2308
the department's liquor distribution warehouse. However, if the 2309
holder does not purchase the alcoholic beverages from the 2310
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department's liquor distribution warehouse, the holder of this 2311
permit shall pay to the department all taxes, fees and surcharges 2312
on the alcoholic beverages sold at such festivals that are imposed 2313
upon the sale of alcoholic beverages shipped by the division. 2314
Additionally, the entity shall file all applicable reports and 2315
returns as prescribed by the department. This permit is issued 2316
per festival and provides authority to sell for three (3) 2317
consecutive days during the hours authorized for on-premises 2318
permittees' sales in that county or city. The holder of the 2319
permit shall be required to maintain all requirements set by Local 2320
Option Law for the service and sale of alcoholic beverages. This 2321
permit may be issued to entities participating in festivals at 2322
which a Class 1 temporary permit is in effect. 2323
This paragraph (r) shall stand repealed from and after July 2324
1, 2026. 2325
(s) Charter vessel operator's permit. Subject to the 2326
provisions of this paragraph (s), a charter vessel operator's 2327
permit shall authorize the holder thereof and its employees to 2328
sell and serve alcoholic beverages to passengers of the permit 2329
holder during public tours, historical tours, ecological tours and 2330
sunset cruises provided by the permit holder. The permit shall 2331
authorize the holder to only sell alcoholic beverages, including 2332
native wines, to passengers of the charter vessel operator during 2333
public tours, historical tours, ecological tours and sunset 2334
cruises provided by the permit holder aboard the charter vessel 2335
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operator for consumption during such tours and cruises on the 2336
premises of the charter vessel operator described in the permit. 2337
For the purposes of this paragraph (s), "charter vessel operator" 2338
means a common carrier that (i) is certified to carry at least 2339
forty-nine (49) passengers, (ii) operates only in the waters 2340
within the State of Mississippi, which lie south of Interstate 10 2341
in the three (3) most southern counties in the State of 2342
Mississippi, and lie adjacent to the State of Mississippi south of 2343
the three (3) most southern counties in the State of Mississippi, 2344
extending not further than one (1) mile south of such counties, 2345
and (iii) provides vessel services for tours and cruises in such 2346
waters as provided in this paragraph(s). 2347
(t) Native spirit retailer's permit. Except as 2348
otherwise provided in subsection (5) of this section, a native 2349
spirit retailer's permit shall be issued only to a holder of a 2350
Class 4 manufacturer's permit, and shall authorize the holder 2351
thereof to make retail sales of native spirits to consumers for 2352
on-premises consumption or to consumers in originally sealed and 2353
unopened containers at an establishment located on the premises of 2354
the distillery, or at any tasting room location or locations 2355
within five (5) miles of the native distillery. Further, every 2356
native distillery is authorized to have one (1) permanent 2357
satellite tasting room sales location in any other location in the 2358
state that otherwise allows the sale of alcoholic beverages. When 2359
selling to consumers for on-premises consumption, a holder of a 2360
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native spirit retailer's permit may sell alcoholic beverages 2361
produced by other suppliers. Hours of sale shall be the same as 2362
those authorized for on-premises permittees in the city or county 2363
in which the native spirit retailer is located. 2364
(u) Delivery service permit. Any individual, limited 2365
liability company, corporation or partnership registered to do 2366
business in this state is eligible to obtain a delivery service 2367
permit. Subject to the provisions of Section 67-1-51.1, this 2368
permit authorizes the permittee, or its employee or an independent 2369
contractor acting on its behalf, to deliver alcoholic beverages, 2370
beer, light wine and light spirit product from a licensed retailer 2371
to a person in this state who is at least twenty-one (21) years of 2372
age for the individual's use and not for resale. This permit does 2373
not authorize the delivery of alcoholic beverages, beer, light 2374
wine or light spirit product to the premises of a location with a 2375
permit for the manufacture, distribution or retail sale of 2376
alcoholic beverages, beer, light wine or light spirit product. 2377
The holder of a package retailer's permit or an on-premises 2378
retailer's permit under Section 67-1-51 or of a beer, light wine 2379
and light spirit product permit under Section 67-3-19 is 2380
authorized to apply for a delivery service permit as a privilege 2381
separate from its existing retail permit. 2382
(v) Food truck permit. A food truck permit shall 2383
authorize the holder of an on-premises retailer's permit to use a 2384
food truck to sell alcoholic beverages off its premises to guests 2385
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who must consume the beverages in open containers. For the 2386
purposes of this paragraph (v), "food truck" means a fully encased 2387
food service establishment on a motor vehicle or on a trailer that 2388
a motor vehicle pulls to transport, and from which a vendor, 2389
standing within the frame of the establishment, prepares, cooks, 2390
sells and serves food for immediate human consumption. The term 2391
"food truck" does not include a food cart that is not motorized. 2392
Food trucks shall maintain such distance requirements from 2393
schools, churches, kindergartens and funeral homes as are required 2394
for on-premises retailer's permittees under this article, and all 2395
sales must be made within a valid leisure and recreation district 2396
established under Section 67-1-101. Food trucks cannot sell or 2397
serve alcoholic beverages unless also offering food prepared and 2398
cooked within the food truck, and permittees must maintain a 2399
twenty-five percent (25%) food sale revenue requirement based on 2400
the food sold from the food truck alone. The hours allowed for 2401
sale shall be the same as those for on-premises retailer's 2402
permittees in the location. This permit will not be required for 2403
the holder of a caterer's permit issued under this article to 2404
cater an event as allowed by law. Permittees must provide notice 2405
of not less than forty-eight (48) hours to the department of each 2406
location at which alcoholic beverages will be sold. 2407
(w) On-premises tobacco permit. An on-premises tobacco 2408
permit shall authorize the permittee to sell alcoholic beverages 2409
for consumption on the licensed premises. In addition to all 2410
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other requirements to obtain an alcoholic beverage permit, the 2411
permittee must obtain and maintain a tobacco permit issued by the 2412
State of Mississippi, and have a capital investment of not less 2413
than Five Hundred Thousand Dollars ($500,000.00) in the premises 2414
for which the permit is issued. In addition to alcoholic 2415
beverages, the permittee is authorized to sell only cigars, 2416
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 2417
Additionally, seventy-five percent (75%) of the permittee's annual 2418
gross revenue must be derived from the sale of cigars, cheroots, 2419
tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 2420
be required, but food may be sold on the premises. The issuance 2421
of this permit does not remove any obligation a permittee may have 2422
to follow local ordinances or actions prohibiting the use of 2423
tobacco products. 2424
(x) Direct wine shipper's permit. A direct wine 2425
shipper's permit shall authorize the holder to sell and ship a 2426
limited amount of wine directly to residents in this state in 2427
accordance with the provisions of Sections 67-1-301 to 67-1-317, 2428
without being required to transact the sale and shipment of those 2429
wines through the division. 2430
(y) Craft spirit retailer's permit. Except as 2431
otherwise provided in subsection (5) of this section, a craft 2432
spirit retailer's permit shall be issued only to a holder of a 2433
Class 5 manufacturer's permit, and shall authorize the holder 2434
thereof to make retail sales of craft spirits to consumers for 2435
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on-premises consumption or to consumers in originally sealed and 2436
unopened containers at an establishment located on the premises of 2437
the distillery or at any tasting room location or locations within 2438
five (5) miles of the craft distillery. Further, every craft 2439
distillery is authorized to have one (1) permanent satellite 2440
tasting room sales location in any other location in the state 2441
that otherwise allows the sale of alcoholic beverages. When 2442
selling to consumers for on-premises consumption, a holder of a 2443
craft spirit retailer's permit may sell alcoholic beverages 2444
produced by other suppliers. Hours of sale shall be the same as 2445
those authorized for on-premises permittees in the city or county 2446
in which the craft spirit retailer is located. 2447
(2) Except as otherwise provided in subsection (4) of this 2448
section, retail permittees may hold more than one (1) retail 2449
permit, at the discretion of the department. 2450
(3) (a) Except as otherwise provided in this subsection, no 2451
authority shall be granted to any person to manufacture, sell or 2452
store for sale any intoxicating liquor as specified in this 2453
article within four hundred (400) feet of any church, school 2454
(excluding any community college, junior college, college or 2455
university), kindergarten or funeral home. However, within an 2456
area zoned commercial or business, such minimum distance shall be 2457
not less than one hundred (100) feet. 2458
(b) A church or funeral home may waive the distance 2459
restrictions imposed in this subsection in favor of allowing 2460
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issuance by the department of a permit, pursuant to subsection (1) 2461
of this section, to authorize activity relating to the 2462
manufacturing, sale or storage of alcoholic beverages which would 2463
otherwise be prohibited under the minimum distance criterion. 2464
Such waiver shall be in written form from the owner, the governing 2465
body, or the appropriate officer of the church or funeral home 2466
having the authority to execute such a waiver, and the waiver 2467
shall be filed with and verified by the department before becoming 2468
effective. 2469
(c) The distance restrictions imposed in this 2470
subsection shall not apply to the sale or storage of alcoholic 2471
beverages at a bed and breakfast inn listed in the National 2472
Register of Historic Places or to the sale or storage of alcoholic 2473
beverages in a historic district that is listed in the National 2474
Register of Historic Places, is a qualified resort area and is 2475
located (i) in a municipality having a population greater than one 2476
hundred thousand (100,000) according to the latest federal 2477
decennial census, or (ii) in a municipality in which Mississippi 2478
Highways 1 and 8 intersect. 2479
(d) The distance restrictions imposed in this 2480
subsection shall not apply to the sale or storage of alcoholic 2481
beverages at a qualified resort area as defined in Section 2482
67-1-5(o)(iii)32. 2483
(e) The distance restrictions imposed in this 2484
subsection shall not apply to the sale or storage of alcoholic 2485
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beverages at a licensed premises in a building formerly owned by a 2486
municipality and formerly leased by the municipality to a 2487
municipal school district and used by the municipal school 2488
district as a district bus shop facility. 2489
(f) The distance restrictions imposed in this 2490
subsection shall not apply to the sale or storage of alcoholic 2491
beverages at a licensed premises in a building consisting of at 2492
least five thousand (5,000) square feet and located approximately 2493
six hundred (600) feet from the intersection of Mississippi 2494
Highway 15 and Mississippi Highway 4. 2495
(g) The distance restrictions imposed in this 2496
subsection shall not apply to the sale or storage of alcoholic 2497
beverages at a licensed premises in a building located at or near 2498
the intersection of Ward and Tate Streets and adjacent properties 2499
in the City of Senatobia, Mississippi. 2500
(h) The distance restrictions imposed in this 2501
subsection shall not apply to the sale or storage of alcoholic 2502
beverages at a theatre facility that features plays and other 2503
theatrical performances and productions and (i) is capable of 2504
seating more than seven hundred fifty (750) people, (ii) is owned 2505
by a municipality which has a population greater than ten thousand 2506
(10,000) according to the latest federal decennial census, (iii) 2507
was constructed prior to 1930, (iv) is on the National Register of 2508
Historic Places, and (v) is located in a historic district. 2509
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(i) The distance restrictions imposed in this 2510
subsection shall not apply to the sale or storage of alcoholic 2511
beverages at a licensed premises in a building located 2512
approximately one and six-tenths (1.6) miles north of the 2513
intersection of Mississippi Highway 15 and Mississippi Highway 4 2514
on the west side of Mississippi Highway 15. 2515
(j) The distance restrictions imposed in this 2516
subsection shall not apply to the sale or storage of alcoholic 2517
beverages at a qualified resort area as defined in Section 2518
67-1-5(o)(iii)83. 2519
(k) The distance restrictions imposed in this 2520
subsection shall not apply to the sale or storage of alcoholic 2521
beverages at a qualified resort area as defined in Section 2522
67-1-5(o)(iii)84. 2523
(4) No person, either individually or as a member of a firm, 2524
partnership, limited liability company or association, or as a 2525
stockholder, officer or director in a corporation, shall own or 2526
control any interest in more than one (1) package retailer's 2527
permit, nor shall such person's spouse, if living in the same 2528
household of such person, any relative of such person, if living 2529
in the same household of such person, or any other person living 2530
in the same household with such person own any interest in any 2531
other package retailer's permit; however, in the case of a person 2532
holding a package retailer's permit issued before July 1, 2024, 2533
such a person may own one (1) additional package retailer's permit 2534
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if the additional permit is issued for a premises with a minimum 2535
capital investment of Twenty Million Dollars ($20,000,000.00) that 2536
is part of a major retail development project and located in one 2537
(1) of the three (3) most southern counties in the State of 2538
Mississippi, and not within one hundred (100) miles of another 2539
location in the State of Mississippi, for which the permittee 2540
holds such a permit. 2541
(5) (a) In addition to any other authority granted under 2542
this section, the holder of a permit issued under subsection 2543
(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 2544
section may sell or otherwise provide alcoholic beverages and/or 2545
wine to a patron of the permit holder in the manner authorized in 2546
the permit and the patron may remove an open glass, cup or other 2547
container of the alcoholic beverage and/or wine from the licensed 2548
premises and may possess and consume the alcoholic beverage or 2549
wine outside of the licensed premises if: (i) the licensed 2550
premises is located within a leisure and recreation district 2551
created under Section 67-1-101 and (ii) the patron remains within 2552
the boundaries of the leisure and recreation district while in 2553
possession of the alcoholic beverage or wine. 2554
(b) Nothing in this subsection shall be construed to 2555
allow a person to bring any alcoholic beverages into a permitted 2556
premises except to the extent otherwise authorized by this 2557
article. 2558
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(c) Where a permit is issued under subsection (1)(c) to 2559
an establishment located in a resort area created by Section 2560
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 2561
to bring alcoholic beverages into the permitted premises and to 2562
possess, store and consume those alcoholic beverages in the 2563
permitted premises. 2564
SECTION 12. Section 67-1-52, Mississippi Code of 1972, is 2565
brought forward as follows: 2566
67-1-52. A package retailer's permit issued under Section 2567
67-1-51(b) shall be authorized to offer tastings or samplings to 2568
be conducted at the package retailer's permitted place of business 2569
during which tastes or samples of alcoholic beverages or wine may 2570
be offered or served to consumers at no cost to the consumer. 2571
During a tasting or sampling authorized by this section, limited 2572
amounts of alcoholic beverages or wine may be consumed on the 2573
permitted place of business. A tasting or sampling shall not 2574
authorize the sale of alcoholic beverages or wine for consumption 2575
on the permitted place of business, but shall only authorize the 2576
limited consumption of alcoholic beverages or wine at the 2577
permitted place of business for the sole purpose of tasting or 2578
sampling various alcoholic beverages or wine. No one under 2579
twenty-one (21) years of age may participate in a tasting or 2580
sampling. No sample may be provided to a visibly intoxicated 2581
person. No food may be served or sold at a tasting or sampling. 2582
Each sample of wine served shall not exceed one and one-fourth 2583
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(1-1/4) ounces and no more than a cumulative total of five (5) 2584
ounces of wine may be dispensed to any one (1) person during a 2585
tasting or sampling. Each sample of a distilled spirit served 2586
shall not exceed one-fourth (1/4) of an ounce and no more than a 2587
cumulative total of one (1) ounce of distilled spirits may be 2588
dispensed to any one (1) person during a tasting or sampling. All 2589
product tasted or sampled must be provided by the package retailer 2590
from its inventory. Such product cannot be sample product 2591
provided by a manufacturer and must have been purchased from the 2592
department warehouse or from a licensed wholesaler. Employees of 2593
the package retailer may serve any product for tasting or 2594
sampling. In addition, a third party may serve any product for 2595
tasting or sampling and may open, touch and pour product as well 2596
as make a presentation and answer questions. The package retailer 2597
shall be responsible for all such actions by the third party. 2598
Tickets for a tasting or sampling shall not be sold in the 2599
permitted place of business or any other location. 2600
SECTION 13. Section 67-1-53, Mississippi Code of 1972, is 2601
brought forward as follows: 2602
67-1-53. (1) Application for permits shall be in such form 2603
and shall contain such information as shall be required by the 2604
regulations of the department; however, no regulation of the 2605
department shall require personal financial information from any 2606
officer of a corporation applying for an on-premises retailer's 2607
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permit to sell alcoholic beverages unless such officer owns ten 2608
percent (10%) or more of the stock of such corporation. 2609
(2) Every applicant for each type of permit authorized by 2610
Section 67-1-51 shall give notice of such application by 2611
publication for two (2) consecutive issues in a newspaper of 2612
general circulation published in the city or town in which 2613
applicant's place of business is located. However, in instances 2614
where no newspaper is published in the city or town, then the 2615
notice shall be published in a newspaper of general circulation 2616
published in the county where the applicant's business is located. 2617
If no newspaper is published in the county, the notice shall be 2618
published in a qualified newspaper which is published in the 2619
closest neighboring county and circulated in the county of 2620
applicant's residence. The notice shall be printed in ten-point 2621
black face type and shall set forth the type of permit to be 2622
applied for, the exact location of the place of business, the name 2623
of the owner or owners thereof, and if operating under an assumed 2624
name, the trade name together with the names of all owners, and if 2625
a corporation, the names and titles of all officers. The cost of 2626
such notice shall be borne by the applicant. The provisions of 2627
this subsection (2) shall not apply to applicants for a direct 2628
wine shipper's permit under Sections 67-1-301 to 67-1-317. 2629
(3) Each application or filing made under this section shall 2630
include the social security number(s) of the applicant in 2631
accordance with Section 93-11-64, Mississippi Code of 1972. 2632
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SECTION 14. Section 67-1-55, Mississippi Code of 1972, is 2633
brought forward as follows: 2634
67-1-55. No permit of any type shall be issued by the 2635
department until the applicant has first filed with the department 2636
a sworn statement disclosing all persons who are financially 2637
involved in the operation of the business for which the permit is 2638
sought. If an applicant is an individual, he will swear that he 2639
owns one hundred percent (100%) of the business for which he is 2640
seeking a permit. If the applicant is a partnership, all partners 2641
and their addresses shall be disclosed and the extent of their 2642
interest in the partnership shall be disclosed. If the applicant 2643
is a corporation, the total stock in the corporation shall be 2644
disclosed and each shareholder and his address and the amount of 2645
stock in the corporation owned by him shall be disclosed. If the 2646
applicant is a limited liability company, each member and their 2647
addresses shall be disclosed and the extent of their interest in 2648
the limited liability company shall be disclosed. If the 2649
applicant is a trust, the trustee and all beneficiaries and their 2650
addresses shall be disclosed. If the applicant is a combination 2651
of any of the above, all information required to be disclosed 2652
above shall be required. 2653
All the disclosures shall be in writing and kept on file at 2654
the department and shall be available to the public. 2655
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Every applicant must, when applying for a renewal of his 2656
permit, disclose any change in the ownership of the business or 2657
any change in the beneficiaries of the income from the business. 2658
Any person who willfully fails to fully disclose the 2659
information required by this section, or who gives false 2660
information, shall be guilty of a misdemeanor and, upon conviction 2661
thereof, shall be fined a sum not to exceed Five Hundred Dollars 2662
($500.00) or imprisoned for not more than one (1) year, or both, 2663
and the person or applicant shall never again be eligible for any 2664
permit pertaining to alcoholic beverages. 2665
The provisions of this section shall not apply to persons 2666
applying for a direct wine shipper's permit under Sections 2667
67-1-301 to 67-1-317. 2668
SECTION 15. Section 67-1-57, Mississippi Code of 1972, is 2669
brought forward as follows: 2670
67-1-57. Before a permit is issued the department shall 2671
satisfy itself: 2672
(a) That the applicant, if an individual, or if a 2673
partnership, each of the members of the partnership, or if a 2674
corporation, each of its principal officers and directors, or if a 2675
limited liability company, each member of the limited liability 2676
company, is of good moral character and, in addition, enjoys a 2677
reputation of being a peaceable, law-abiding citizen of the 2678
community in which he resides, and is generally fit for the trust 2679
to be reposed in him, is not less than twenty-one (21) years of 2680
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age, and has not been convicted of a felony in any state or 2681
federal court. However, a felony conviction, other than a crime 2682
of violence or a violation of state or federal controlled 2683
substance laws, does not automatically disqualify a person from 2684
being approved for a permit. If at least ten (10) years have 2685
elapsed since conviction, the department may consider such felony 2686
convictions in determining whether all other qualifications are 2687
met. 2688
(b) That, except in the case of an application for a 2689
solicitor's permit, the applicant is the true and actual owner of 2690
the business for which the permit is desired, and that he intends 2691
to carry on the business authorized for himself and not as the 2692
agent of any other person, and that he intends to superintend in 2693
person the management of the business or that he will designate a 2694
manager to manage the business for him. Except for managers 2695
employed by the holder of a direct wine shipper's permit, all 2696
managers must be approved by the department prior to completing 2697
any managerial tasks on behalf of the permittee and must possess 2698
all of the qualifications required of a permittee; however, a 2699
felony conviction, other than a crime of violence, does not 2700
automatically disqualify a person from being approved as a manager 2701
if the person was released from incarceration at least three (3) 2702
years prior to application for approval as a manager. A felony 2703
conviction, other than a crime of violence, may be considered by 2704
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the department in determining whether all other qualifications are 2705
met. 2706
(c) That the applicant for a package retailer's permit, 2707
if an individual, is a resident of the State of Mississippi. If 2708
the applicant is a partnership, each member of the partnership 2709
must be a resident of the state. If the applicant is a limited 2710
liability company, each member of the limited liability company 2711
must be a resident of the state. If the applicant is a 2712
corporation, the designated manager of the corporation must be a 2713
resident of the state. 2714
(d) That the place for which the permit is to be issued 2715
is an appropriate one considering the character of the premises 2716
and the surrounding neighborhood. 2717
(e) That the place for which the permit is to be issued 2718
is within the corporate limits of an incorporated municipality or 2719
qualified resort area or club which comes within the provisions of 2720
this article. 2721
(f) That the applicant is not indebted to the state for 2722
any taxes, fees or payment of penalties imposed by any law of the 2723
State of Mississippi or by any rule or regulation of the 2724
department. 2725
(g) That the applicant is not in the habit of using 2726
alcoholic beverages to excess and is not physically or mentally 2727
incapacitated, and that the applicant has the ability to read and 2728
write the English language. 2729
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(h) That the department does not believe and has no 2730
reason to believe that the applicant will sell or knowingly permit 2731
any agent, servant or employee to unlawfully sell liquor in a dry 2732
area or in any other manner contrary to law. 2733
(i) That the applicant is not residentially domiciled 2734
with any person whose permit or license has been cancelled for 2735
cause within the twelve (12) months next preceding the date of the 2736
present application for a permit. 2737
(j) That the department has not, in the exercise of its 2738
discretion which is reserved and preserved to it, refused to grant 2739
permits under the restrictions of this section, as well as under 2740
any other pertinent provision of this article. 2741
(k) That there are not sufficient legal reasons to deny 2742
a permit on the ground that the premises for which the permit is 2743
sought has previously been operated, used or frequented for any 2744
purpose or in any manner that is lewd, immoral or offensive to 2745
public decency. In the granting or withholding of any permit to 2746
sell alcoholic beverages at retail, the department in forming its 2747
conclusions may give consideration to any recommendations made in 2748
writing by the district or county attorney or county, circuit or 2749
chancery judge of the county, or the sheriff of the county, or the 2750
mayor or chief of police of an incorporated city or town wherein 2751
the applicant proposes to conduct his business and to any 2752
recommendations made by representatives of the department. 2753
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(l) That the applicant and the applicant's key 2754
employees, as determined by the department, do not have a 2755
disqualifying criminal record. In order to obtain a criminal 2756
record history check, the applicant shall submit to the department 2757
a set of fingerprints from any local law enforcement agency for 2758
each person for whom the records check is required. The 2759
department shall forward the fingerprints to the Mississippi 2760
Department of Public Safety. If no disqualifying record is 2761
identified at the state level, the Department of Public Safety 2762
shall forward the fingerprints to the Federal Bureau of 2763
Investigation for a national criminal history record check. Costs 2764
for processing the set or sets of fingerprints shall be borne by 2765
the applicant. The department may waive the fingerprint 2766
requirement in the case of an applicant for a direct wine 2767
shipper's permit. The department shall not deny employment to an 2768
employee of the applicant prior to the identification of a 2769
disqualifying record or other disqualifying information. 2770
SECTION 16. Section 67-1-59, Mississippi Code of 1972, is 2771
brought forward as follows: 2772
67-1-59. Where the word "applicant" is used in Section 2773
67-1-57 or in Sections 67-1-51, 67-1-53, 67-1-55 and 67-1-63, it 2774
shall also mean and include each member of a partnership, limited 2775
liability company or association and all officers and the owner or 2776
owners of the majority of the corporate stock of a corporation, as 2777
of the date of the application. 2778
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SECTION 17. Section 67-1-73, Mississippi Code of 1972, is 2779
brought forward as follows: 2780
67-1-73. (1) Except as otherwise provided in subsection (3) 2781
of this section, every manufacturer, including native wine, native 2782
spirit, or craft spirit producers, within or without the state, 2783
and every other shipper of alcoholic beverages who sells any 2784
alcoholic beverage, including native wine, native spirit, or craft 2785
spirit, within the state, shall, at the time of making such sale, 2786
file with the department a copy of the invoice of such sale 2787
showing in detail the kind of alcoholic beverage sold, the 2788
quantities of each, the size of the container and the weight of 2789
the contents, the alcoholic content, and the name and address of 2790
the person to whom sold. 2791
(2) Except as otherwise provided in subsection (3) of this 2792
section, every person transporting alcoholic beverages, including 2793
native wine, native spirit, or craft spirit, within this state to 2794
a point within this state, whether such transportation originates 2795
within or without this state, shall, within five (5) days after 2796
delivery of such shipment, furnish the department a copy of the 2797
bill of lading or receipt, showing the name or consignor or 2798
consignee, date, place received, destination, and quantity of 2799
alcoholic beverages delivered. Upon failure to comply with the 2800
provisions of this section, such person shall be deemed guilty of 2801
a misdemeanor and, upon conviction thereof, shall be fined in the 2802
sum of Fifty Dollars ($50.00) for each offense. 2803
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(3) Information regarding the sales, shipment, delivery and 2804
transportation of wine in this state by the holder of a direct 2805
wine shipper's permit under Sections 67-1-301 through 67-1-317, 2806
shall be in such form and content as prescribed by the department. 2807
SECTION 18. Section 67-1-101, Mississippi Code of 1972, is 2808
brought forward as follows: 2809
67-1-101. (1) For the purposes of this section, the 2810
following words shall have the following meanings ascribed in this 2811
section, unless the context clearly otherwise requires: 2812
(a) "Municipality" means any incorporated city, town or 2813
village that has voted in favor of coming out from under the dry 2814
law or is in a county that has voted in favor of coming out from 2815
under the dry law. 2816
(b) "Leisure and recreation district" means an area 2817
officially designated by ordinance or resolution of the governing 2818
authorities of a municipality or county as a leisure and 2819
recreation district. 2820
(c) "County" means any county that has voted in favor 2821
of coming out from under the dry law. 2822
(2) (a) Subject to the provisions of this section, the 2823
governing authorities of a municipality, by ordinance, may 2824
establish one or more leisure and recreation districts within the 2825
corporate boundaries of the municipality and designate the 2826
geographic area or areas to be included within a district. The 2827
governing authorities of a municipality, by ordinance, may modify 2828
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the boundaries of a leisure and recreation district. In addition, 2829
the boundaries of a leisure and recreation district may extend 2830
from within the municipality into the unincorporated area of the 2831
county in which the municipality is located if the county consents 2832
to the extension and has voted in favor of coming out from under 2833
the dry law. 2834
(b) Subject to the provisions of this section, the 2835
board of Supervisors of a county, by resolution, may establish one 2836
or more leisure and recreation districts within the county that 2837
are outside the corporate limits of any municipality in the county 2838
and designate the geographic area or areas to be included within 2839
the districts. 2840
(c) The designation or modification of the geographic 2841
area or areas as a leisure and recreation district shall include a 2842
detailed description of the area or areas within the district, 2843
boundaries of the district and a georeferenced map of the 2844
district. In addition to any other matters addressed in an 2845
ordinance or resolution establishing or modifying a leisure and 2846
recreation district, a municipality or county, as the case may be, 2847
must describe the manner in which the municipality or county, as 2848
the case may be, will provide for adequate law enforcement and 2849
other public safety measures and services within the district. 2850
Following the establishment and/or modification of a leisure and 2851
recreation district, the municipality or county, as the case may 2852
be, shall provide the Department of Revenue with (i) a copy of any 2853
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ordinance or resolution relating to the establishment or 2854
modification of the district, (ii) verification from the municipal 2855
police department and/or applicable sheriff's department 2856
indicating how such department will provide adequate law 2857
enforcement and other public safety measures and services within 2858
the district, and (iii) a list of persons or other entities that 2859
hold permits issued under Section 67-1-51(c), (e), (f), (g), (l), 2860
(n) or (o) and are located and/or doing business under such 2861
permits in the district at the time the district is established. 2862
SECTION 19. Section 67-9-1, Mississippi Code of 1972, is 2863
brought forward as follows: 2864
67-9-1. Notwithstanding the provisions of any section of 2865
Title 27 or 67, Mississippi Code of 1972, it shall be lawful for 2866
any person holding an alcohol processing permit to transport and 2867
possess alcoholic beverages, light wine, light spirit product and 2868
beer, in any part of the state, for his or her use in cooking, 2869
processing or manufacturing products which contain alcoholic 2870
beverages as an integral ingredient, in amounts as limited by the 2871
Alcoholic Beverage Control Division of the Department of Revenue. 2872
The authority to transport and possess alcoholic beverages, light 2873
wine, light spirit product and beer under this section exists 2874
regardless of whether (a) the county or municipality in which the 2875
transportation or possession takes place has voted for or against 2876
coming out from under the dry law, or (b) the transportation, 2877
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storage, sale, distribution, receipt or manufacture of light wine, 2878
light spirit product and beer otherwise is prohibited. 2879
The provisions of this section shall not be construed as 2880
amending, repealing or otherwise affecting any statute or any 2881
lawfully adopted ordinance, rule or regulation that prohibits or 2882
restricts the location at which, or the premises upon which, 2883
alcoholic beverages, light wine, light spirit product or beer may 2884
be sold or consumed. 2885
SECTION 20. Section 93-11-64, Mississippi Code of 1972, is 2886
brought forward as follows: 2887
93-11-64. (1) The Department of Human Services and its 2888
divisions, and any agency, office or registry established by the 2889
department, or which works in conjunction with the department, or 2890
is authorized to supply information to the department, may use 2891
social security numbers for the purpose of locating parents or 2892
alleged parents, establishing parentage, and establishing the 2893
amount of, modifying, or enforcing child support obligations. 2894
(2) This section requires that the Social Security number 2895
of: 2896
(a) Except as otherwise provided in Section 73-34-13, 2897
any applicant for a state-issued license be recorded on the 2898
application; 2899
(b) Any individual who is subject to a divorce decree, 2900
support order, or paternity determination or acknowledgment be 2901
placed in the records relating to the matter; and 2902
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(c) Any individual who has died be placed in the 2903
records relating to the death and be recorded on the death 2904
certificate. 2905
SECTION 21. Section 97-31-47, Mississippi Code of 1972, is 2906
brought forward as follows: 2907
97-31-47. It shall be unlawful for any transportation 2908
company, or any agent, employee, or officer of such company, or 2909
any other person, or corporation to transport into or deliver in 2910
this state in any manner or by any means any spirituous, vinous, 2911
malt, or other intoxicating liquors or drinks, or for any such 2912
person, company, or corporation to transport any spirituous, malt, 2913
vinous, or intoxicating liquors or drinks from one place within 2914
this state to another place within the state, or from one (1) 2915
point within this state to any point without the state, except in 2916
cases where this chapter, Section 67-9-1, or Sections 67-1-301 to 2917
67-1-317 authorizes the transportation. 2918
SECTION 22. Section 97-31-49, Mississippi Code of 1972, is 2919
brought forward as follows: 2920
97-31-49. Except as otherwise provided in Sections 67-1-301 2921
to 67-1-317, it shall be unlawful for any person, firm or 2922
corporation in this state, in person, by letter, circular, or 2923
other printed or written matter, or in any other manner, to 2924
solicit or take order in this state for any liquors, bitters or 2925
drinks prohibited by the laws of this state to be sold, bartered, 2926
or otherwise disposed of. The inhibition of this section shall 2927
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apply to such liquors, bitters and drinks, whether the parties 2928
intend that the same shall be shipped into this state from outside 2929
of the state, or from one (1) point in this state to another point 2930
in this state. If such order be in writing, parol evidence 2931
thereof is admissible without producing or accounting for the 2932
absence of the original; and the taking or soliciting of such 2933
orders is within the inhibition of this section, although the 2934
orders are subject to approval by some other person, and no part 2935
of the price is paid, nor any part of the goods is delivered when 2936
the order is taken. 2937
SECTION 23. Section 67-3-19, Mississippi Code of 1972, is 2938
brought forward as follows: 2939
67-3-19. Where application is made for a permit to engage in 2940
the business of a retailer of light wine, light spirit product or 2941
beer, the applicant shall show in his application that he 2942
possesses the following qualifications: 2943
(a) Applicant must be a person at least twenty-one (21) 2944
years of age, of good moral character and a resident of the State 2945
of Mississippi. 2946
(b) Applicant shall not have been convicted of a 2947
felony, or of pandering or of keeping or maintaining a house of 2948
prostitution, or have been convicted within two (2) years of the 2949
date of his application of any violation of the laws of this state 2950
or the laws of the United States relating to alcoholic liquor. 2951
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(c) Applicant shall not have had revoked, except for a 2952
violation of Section 67-3-52, within two (2) years next preceding 2953
his application, any license or permit issued to him pursuant to 2954
the laws of this state, or any other state, to sell alcoholic 2955
liquor of any kind. 2956
(d) Applicant shall be the owner of the premises for 2957
which the permit is sought or the holder of an existing lease 2958
thereon. 2959
(e) Applicant shall not be residentially domiciled with 2960
any person whose permit has been revoked for cause, except for a 2961
violation of Section 67-3-52, within two (2) years next preceding 2962
the date of the present application for a permit. 2963
(f) The applicant has not had any license or permit to 2964
sell beer, light spirit product or light wine at retail revoked, 2965
within five (5) years next preceding his application, due to a 2966
violation of Section 67-3-52. 2967
(g) Applicant shall not employ any person whose permit 2968
has been revoked when such person owned or operated the business 2969
on the premises for which a permit is sought or allow such person 2970
to have any financial interest in the business of the applicant, 2971
until such person is qualified to obtain a permit in his own name. 2972
(h) The applicant is not indebted to the State of 2973
Mississippi for any taxes. 2974
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(i) If applicant is a partnership, all members of the 2975
partnership must be qualified to obtain a permit. Each member of 2976
the partnership must be a resident of the State of Mississippi. 2977
(j) If applicant is a corporation, all officers and 2978
directors thereof, and any stockholder owning more than five 2979
percent (5%) of the stock of such corporation, and the person or 2980
persons who shall conduct and manage the licensed premises for the 2981
corporation shall possess all the qualifications required herein 2982
for any individual permittee. However, the requirements as to 2983
residence shall not apply to officers, directors and stockholders 2984
of such corporation. 2985
Any misstatement or concealment of fact in an application 2986
shall be ground for denial of the application or for revocation of 2987
the permit issued thereon. 2988
The commissioner may refuse to issue a permit to an applicant 2989
for a place that is frequented by known criminals, prostitutes, or 2990
other law violators or troublemakers who disturb the peace and 2991
quietude of the community and frequently require the assistance of 2992
peace officers to apprehend such law violators or to restore 2993
order. The burden of proof of establishing the foregoing shall 2994
rest upon the commissioner. 2995
SECTION 24. This act shall take effect and be in force from 2996
and after July 1, 2026. 2997