City of Jackson Revitalization Act; create.

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To: Gaming; Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Bell (65th)

HOUSE BILL NO. 1702

AN ACT TO AMEND SECTION 75-76-5, MISSISSIPPI CODE OF 1972, TO 1
DEFINE THE TERM "PROJECT" UNDER THE MISSISSIPPI GAMING CONTROL 2
ACT; TO AMEND SECTION 75-76-129, MISSISSIPPI CODE OF 1972, TO 3
PROVIDE THAT REVENUE COLLECTED FROM CERTAIN ADDITIONAL LICENSE 4
FEES IMPOSED AND LEVIED UNDER SECTION 75-76-183 SHALL BE DEPOSITED 5
INTO THE CITY OF JACKSON DEVELOPMENT FUND CREATED IN THIS ACT; TO 6
AMEND SECTION 75-76-183, MISSISSIPPI CODE OF 1972, TO IMPOSE AND 7
LEVY ADDITIONAL FEES FOR A LICENSE TO CONDUCT GAMING AS A LICENSED 8
GAMING ESTABLISHMENT THAT IS PART OF A PROJECT UNDER THE 9
MISSISSIPPI GAMING CONTROL ACT; TO PROVIDE THAT THE DEPARTMENT OF 10
FINANCE AND ADMINISTRATION SHALL ESTABLISH A PROGRAM TO PROVIDE 11
LOANS AND GRANTS TO ASSIST WITH THE DEVELOPMENT OF BUILDINGS AND 12
OTHER FACILITIES AND INFRASTRUCTURE FOR THE ESTABLISHMENT OF NEW 13
BUSINESS ENTERPRISES AND EXPANSION OF EXISTING BUSINESS 14
ENTERPRISES IN THE CITY OF JACKSON, MISSISSIPPI; TO PROVIDE AN 15
APPLICATION PROCESS FOR ENTITIES THAT DESIRE TO PARTICIPATE IN THE 16
PROGRAM; TO CREATE THE CITY OF JACKSON DEVELOPMENT FUND AS A 17
SPECIAL FUND IN THE STATE TREASURY; TO PROVIDE THAT MONIES IN THE 18
CITY OF JACKSON DEVELOPMENT FUND SHALL BE DISBURSED BY THE 19
DEPARTMENT OF FINANCE AND ADMINISTRATION, UPON APPROPRIATION BY 20
THE LEGISLATURE, TO PROVIDE LOANS AND GRANTS FOR THE PURPOSES 21
DESCRIBED IN THIS ACT; TO PROVIDE THAT FOR THE FIRST FULL STATE 22
FISCAL YEAR DURING WHICH A LICENSED GAMING ESTABLISHMENT THAT IS 23
PART OF A PROJECT UNDER THE MISSISSIPPI GAMING CONTROL ACT IS 24
OPERATING AND REMITTING LICENSE FEES IMPOSED AND LEVIED UNDER 25
SECTIONS 75-76-177 AND 75-76-195, AND FOR EACH OF THE TWO 26
IMMEDIATELY SUCCEEDING STATE FISCAL YEARS, IF THE TOTAL AMOUNT OF 27
REVENUE DISTRIBUTED TO THE CITY OF VICKSBURG, MISSISSIPPI, OR 28
WARREN COUNTY, MISSISSIPPI, AS THE CASE MAY BE, FOR EACH SUCH 29
FISCAL YEAR UNDER SECTION 75-76-197 AND CHAPTER 965, LOCAL AND 30
PRIVATE LAWS OF 1993, IS LESS THAN THE AVERAGE TOTAL AMOUNT OF 31
SUCH REVENUE DISTRIBUTED ANNUALLY TO THE CITY OR COUNTY FOR THE 32
FOUR STATE FISCAL YEARS IMMEDIATELY PRECEDING THE FULL STATE 33
FISCAL YEAR DURING WHICH THE LICENSED GAMING ESTABLISHMENT BEGAN 34
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OPERATING AND REMITTING SUCH LICENSE FEES, THEN THE DEPARTMENT OF 35
FINANCE AND ADMINISTRATION SHALL DISBURSE FUNDS TO THE CITY OF 36
VICKSBURG OR WARREN COUNTY, AS THE CASE MAY BE, FOR THE AMOUNT OF 37
SUCH REVENUE SHORTFALL FOR EACH SUCH FISCAL YEAR; TO PROVIDE THAT 38
A PORTION OF THE REVENUE COLLECTED FROM CERTAIN LICENSE FEES 39
COLLECTED FROM A LICENSED GAMING ESTABLISHMENT THAT IS PART OF A 40
PROJECT UNDER THE MISSISSIPPI GAMING CONTROL ACT SHALL BE USED 41
TEMPORARILY FOR CERTAIN PURPOSES; TO BRING FORWARD SECTIONS 42
75-76-33, 75-76-67, 75-76-77, 75-76-89 AND 75-76-203, MISSISSIPPI 43
CODE OF 1972, WHICH ARE SECTIONS OF THE MISSISSIPPI GAMING CONTROL 44
ACT, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 45
19-3-79, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THIS SECTION 46
DOES NOT APPLY TO A PERSON, CORPORATION OR OTHER LEGAL ENTITY 47
APPLYING FOR A LICENSE FOR A GAMING ESTABLISHMENT THAT IS PART OF 48
A PROJECT UNDER THE MISSISSIPPI GAMING CONTROL ACT; TO AMEND 49
SECTIONS 87-1-5, 97-33-1, 97-33-7, 97-33-17, 97-33-25 AND 50
97-33-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LEGAL GAMING IN A 51
LICENSED GAMING ESTABLISHMENT THAT IS PART OF A PROJECT UNDER THE 52
MISSISSIPPI GAMING CONTROL ACT; TO BRING FORWARD SECTION 27-109-1, 53
MISSISSIPPI CODE OF 1972, WHICH DEFINES THE TERMS "CRUISE VESSEL" 54
AND "VESSEL" FOR CERTAIN PURPOSES, FOR THE PURPOSES OF POSSIBLE 55
AMENDMENT; TO BRING FORWARD SECTION 95-3-25, MISSISSIPPI CODE OF 56
1972, WHICH RELATES TO VARIOUS FORMS OF ILLEGAL GAMBLING, FOR THE 57
PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 67-1-5, 58
MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM 59
"QUALIFIED RESORT AREA" UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE 60
CONTROL LAW; TO AMEND SECTION 67-1-101, MISSISSIPPI CODE OF 1972, 61
TO PROVIDE THAT A PROJECT AS DEFINED UNDER THE MISSISSIPPI GAMING 62
CONTROL ACT SHALL BE A LEISURE AND RECREATION DISTRICT UNDER THE 63
LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW; TO PROVIDE THAT ANY 64
OWNER OR OPERATOR OF A LICENSED GAMING ESTABLISHMENT LICENSED 65
BEFORE JANUARY 1, 2026, THAT MAKES CAPITAL IMPROVEMENTS TO THE 66
LICENSED GAMING ESTABLISHMENT IN AN AGGREGATE AMOUNT OF AT LEAST 67
$100,000,000.00 SHALL BE ALLOWED A CREDIT AGAINST LICENSE FEES 68
IMPOSED UNDER THE MISSISSIPPI GAMING CONTROL ACT; TO PROVIDE THE 69
TIME PERIOD WITHIN WHICH THE CAPITAL IMPROVEMENTS MUST BE MADE; TO 70
PROVIDE FOR THE AMOUNT OF THE CREDIT; AND FOR RELATED PURPOSES. 71
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 72
SECTION 1. This act shall be known and may be cited as the 73
"City of Jackson Revitalization Act". 74
SECTION 2. Section 75-76-5, Mississippi Code of 1972, is 75
amended as follows: 76
75-76-5. As used in this chapter, unless the context 77
requires otherwise: 78
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(a) "Applicant" means any person who has applied for or 79
is about to apply for a state gaming license, registration or 80
finding of suitability under the provisions of this chapter or 81
approval of any act or transaction for which approval is required 82
or permitted under the provisions of this chapter. 83
(b) "Application" means a request for the issuance of a 84
state gaming license, registration or finding of suitability under 85
the provisions of this chapter or for approval of any act or 86
transaction for which approval is required or permitted under the 87
provisions of this chapter but does not include any supplemental 88
forms or information that may be required with the application. 89
(c) "Associated equipment" means any equipment or 90
mechanical, electromechanical or electronic contrivance, component 91
or machine used remotely or directly in connection with gaming or 92
with any game, race book or sports pool that would not otherwise 93
be classified as a gaming device, including dice, playing cards, 94
links which connect to progressive slot machines, equipment which 95
affects the proper reporting of gross revenue, computerized 96
systems of betting at a race book or sports pool, computerized 97
systems for monitoring slot machines, and devices for weighing or 98
counting money. 99
(d) "Chairman" means the Chairman of the Mississippi 100
Gaming Commission except when used in the term "Chairman of the 101
State Tax Commission." "Chairman of the State Tax Commission" or 102
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"commissioner" means the Commissioner of Revenue of the Department 103
of Revenue. 104
(e) "Commission" or "Mississippi Gaming Commission" 105
means the Mississippi Gaming Commission. 106
(f) "Commission member" means a member of the 107
Mississippi Gaming Commission. 108
(g) "Credit instrument" means a writing which evidences 109
a gaming debt owed to a person who holds a license at the time the 110
debt is created, and includes any writing taken in consolidation, 111
redemption or payment of a prior credit instrument. 112
(h) "Enforcement division" means a particular division 113
supervised by the executive director that provides enforcement 114
functions. 115
(i) "Establishment" means any premises wherein or 116
whereon any gaming is done. 117
(j) "Executive director" means the Executive Director 118
of the Mississippi Gaming Commission. 119
(k) Except as otherwise provided by law, "game," or 120
"gambling game" means any banking or percentage game played with 121
cards, with dice or with any mechanical, electromechanical or 122
electronic device or machine for money, property, checks, credit 123
or any representative of value, including, without limiting, the 124
generality of the foregoing, faro, monte, roulette, keno, fan-tan, 125
twenty-one, blackjack, seven-and-a-half, big injun, klondike, 126
craps, poker, chuck-a-luck (dai shu), wheel of fortune, chemin de 127
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fer, baccarat, pai gow, beat the banker, panguingui, slot machine, 128
or any other game or device approved by the commission. However, 129
"game" or "gambling game" shall not include bingo games or raffles 130
which are held pursuant to the provisions of Section 97-33-51, or 131
the illegal gambling activities described in Section 97-33-8. 132
The commission shall not be required to recognize any game 133
hereunder with respect to which the commission determines it does 134
not have sufficient experience or expertise. 135
(l) "Gaming" or "gambling" means to deal, operate, 136
carry on, conduct, maintain or expose for play any game as defined 137
in this chapter. 138
(m) "Gaming device" means any mechanical, 139
electromechanical or electronic contrivance, component or machine 140
used in connection with gaming or any game which affects the 141
result of a wager by determining win or loss. The term includes a 142
system for processing information which can alter the normal 143
criteria of random selection, which affects the operation of any 144
game, or which determines the outcome of a game. The term does 145
not include a system or device which affects a game solely by 146
stopping its operation so that the outcome remains undetermined, 147
and does not include any antique coin machine as defined in 148
Section 27-27-12. 149
(n) "Gaming employee" means any person connected 150
directly with the operation of a gaming establishment licensed to 151
conduct any game, including: 152
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(i) Boxmen; 153
(ii) Cashiers; 154
(iii) Change personnel; 155
(iv) Counting room personnel; 156
(v) Dealers; 157
(vi) Floormen; 158
(vii) Hosts or other persons empowered to extend 159
credit or complimentary services; 160
(viii) Keno runners; 161
(ix) Keno writers; 162
(x) Machine mechanics; 163
(xi) Security personnel; 164
(xii) Shift or pit bosses; 165
(xiii) Shills; 166
(xiv) Supervisors or managers; and 167
(xv) Ticket writers. 168
The term "gaming employee" also includes employees of 169
manufacturers or distributors of gaming equipment within this 170
state whose duties are directly involved with the manufacture, 171
repair or distribution of gaming equipment. 172
"Gaming employee" does not include bartenders, cocktail 173
waitresses or other persons engaged in preparing or serving food 174
or beverages unless acting in some other capacity. 175
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(o) "Gaming license" means any license issued by the 176
state which authorizes the person named therein to engage in 177
gaming. 178
(p) "Gross revenue" means the total of all of the 179
following, less the total of all cash paid out as losses to 180
patrons and those amounts paid to purchase annuities to fund 181
losses paid to patrons over several years by independent financial 182
institutions: 183
(i) Cash received as winnings; 184
(ii) Cash received in payment for credit extended 185
by a licensee to a patron for purposes of gaming; and 186
(iii) Compensation received for conducting any 187
game in which the licensee is not party to a wager. 188
For the purposes of this definition, cash or the value of 189
noncash prizes awarded to patrons in a contest or tournament are 190
not losses. 191
The term does not include: 192
(i) Counterfeit money or tokens; 193
(ii) Coins of other countries which are received 194
in gaming devices; 195
(iii) Cash taken in fraudulent acts perpetrated 196
against a licensee for which the licensee is not reimbursed; or 197
(iv) Cash received as entry fees for contests or 198
tournaments in which the patrons compete for prizes. 199
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(q) "Hearing examiner" means a member of the 200
Mississippi Gaming Commission or other person authorized by the 201
commission to conduct hearings. 202
(r) "Investigation division" means a particular 203
division supervised by the executive director that provides 204
investigative functions. 205
(s) "License" means a gaming license or a 206
manufacturer's, seller's or distributor's license. 207
(t) "Licensee" means any person to whom a valid license 208
has been issued. 209
(u) "License fees" means monies required by law to be 210
paid to obtain or continue a gaming license or a manufacturer's, 211
seller's or distributor's license. 212
(v) "Licensed gaming establishment" means any premises 213
licensed pursuant to the provisions of this chapter wherein or 214
whereon gaming is done. 215
(w) "Manufacturer's," "seller's" or "distributor's" 216
license means a license issued pursuant to Section 75-76-79. 217
(x) "Navigable waters" shall have the meaning ascribed 218
to such term under Section 27-109-1. 219
(y) "Operation" means the conduct of gaming. 220
(z) "Party" means the Mississippi Gaming Commission and 221
any licensee or other person appearing of record in any proceeding 222
before the commission; or the Mississippi Gaming Commission and 223
any licensee or other person appearing of record in any proceeding 224
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for judicial review of any action, decision or order of the 225
commission. 226
(aa) "Person" includes any association, corporation, 227
firm, partnership, trust or other form of business association as 228
well as a natural person. 229
(bb) "Premises" means land, together with all 230
buildings, improvements and personal property located thereon, and 231
includes all parts of any vessel or cruise vessel. 232
(cc) "Race book" means the business of accepting wagers 233
upon the outcome of any event held at a track which uses the 234
pari-mutuel system of wagering. 235
(dd) "Regulation" means a rule, standard, directive or 236
statement of general applicability which effectuates law or policy 237
or which describes the procedure or requirements for practicing 238
before the commission. The term includes a proposed regulation 239
and the amendment or repeal of a prior regulation but does not 240
include: 241
(i) A statement concerning only the internal 242
management of the commission and not affecting the rights or 243
procedures available to any licensee or other person; 244
(ii) A declaratory ruling; 245
(iii) An interagency memorandum; 246
(iv) The commission's decision in a contested case 247
or relating to an application for a license; or 248
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(v) Any notice concerning the fees to be charged 249
which are necessary for the administration of this chapter. 250
(ee) "Respondent" means any licensee or other person 251
against whom a complaint has been filed with the commission. 252
(ff) "Slot machine" means any mechanical, electrical or 253
other device, contrivance or machine which, upon insertion of a 254
coin, token or similar object, or upon payment of any 255
consideration, is available to play or operate, the play or 256
operation of which, whether by reason of the skill of the operator 257
or application of the element of chance, or both, may deliver or 258
entitle the person playing or operating the machine to receive 259
cash, premiums, merchandise, tokens or anything of value, whether 260
the payoff is made automatically from the machine or in any other 261
manner. The term does not include any antique coin machine as 262
defined in Section 27-27-12. 263
(gg) "Sports pool" means the business of accepting 264
wagers on collegiate or professional sporting events or athletic 265
events, by any system or method of wagering other than the system 266
known as the "pari-mutuel method of wagering." 267
(hh) "State Tax Commission" or "department" means the 268
Department of Revenue of the State of Mississippi. 269
(ii) "Temporary work permit" means a work permit which 270
is valid only for a period not to exceed ninety (90) days from its 271
date of issue and which is not renewable. 272
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(jj) "Vessel" or "cruise vessel" shall have the 273
meanings ascribed to such terms under Section 27-109-1. 274
(kk) "Work permit" means any card, certificate or 275
permit issued by the commission, whether denominated as a work 276
permit, registration card or otherwise, authorizing the employment 277
of the holder as a gaming employee. A document issued by any 278
governmental authority for any employment other than gaming is not 279
a valid work permit for the purposes of this chapter. 280
(ll) "School or training institution" means any school 281
or training institution which is licensed by the commission to 282
teach or train gaming employees pursuant to Section 75-76-34. 283
(mm) "Cheat" means to alter the selection of criteria 284
that determine: 285
(i) The rules of a game; or 286
(ii) The amount or frequency of payment in a game. 287
(nn) "Promotional activity" means an activity or event 288
conducted or held for the purpose of promoting or marketing the 289
individual licensed gaming establishment that is engaging in the 290
promotional activity. The term includes, but is not limited to, a 291
game of any kind other than as defined in paragraph (k) of this 292
section, a tournament, a contest, a drawing, or a promotion of any 293
kind. 294
(oo) "Project" means a major capital project that: 295
(i) Will be located near the downtown area of the 296
City of Jackson, Mississippi, inside the Capitol Complex 297
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Improvement District created in Section 29-5-203, and within six 298
thousand (6,000) feet of the grounds of the New Capitol; 299
(ii) Will consist of one (1) licensed gaming 300
establishment as well as other developments as part of the 301
project; 302
(iii) Will have a minimum capital investment of 303
Five Hundred Million Dollars ($500,000,000.00); and 304
(iv) Is owned or will be owned, in any form or 305
manner, by: 306
1. One (1) or more persons owning or 307
operating a licensed gaming establishment or licensed gaming 308
establishment or licensed gaming establishments at the time of 309
submitting an application under this chapter for a license for a 310
licensed gaming establishment that will be part of the project, 311
and/or 312
2. One (1) or more persons having owned or 313
operated a licensed gaming establishment or licensed gaming 314
establishments before July 1, 2026, regardless of whether such 315
person or persons own or operate a licensed gaming establishment 316
or licensed gaming establishments at the time of submitting an 317
application under this chapter for a license for a licensed gaming 318
establishment that will be part of the project. 319
SECTION 3. Section 75-76-129, Mississippi Code of 1972, is 320
amended as follows: 321
[Through June 30, 2028, this section shall read as follows:] 322
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75-76-129. (1) On or before the last day of each month all 323
taxes, fees, interest, penalties, damages, fines or other monies 324
collected by the Department of Revenue during that month under the 325
provisions of this chapter, with the exception of (a) the local 326
government fees imposed under Section 75-76-195, and (b) an amount 327
equal to Three Million Dollars ($3,000,000.00) of the revenue 328
collected pursuant to the fee imposed under Section 329
75-76-177(1)(c), and (c) the revenue collected pursuant to the fee 330
imposed under Section 75-76-177(1)(c) as a result of wagers on 331
sporting events, and (d) the revenue collected pursuant to the 332
fees imposed under Section 75-76-183(3), shall be paid by the 333
Department of Revenue to the State Treasurer to be deposited in 334
the State General Fund. The local government fees shall be 335
distributed by the Department of Revenue pursuant to Section 336
75-76-197. 337
(2) An amount equal to Three Million Dollars ($3,000,000.00) 338
of the revenue collected during that month pursuant to the fee 339
imposed under Section 75-76-177(1)(c) shall be deposited by the 340
Department of Revenue into the bond sinking fund created in 341
Section 1(3) of Chapter 479, Laws of 2015. 342
(3) Revenue collected pursuant to the fee imposed under 343
Section 75-76-177(1)(c) as a result of wagers on sporting events 344
shall be deposited into the State Highway Fund to be used solely 345
for the repair and maintenance of highways and bridges of the 346
State of Mississippi. This revenue shall be used first for 347
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matching funds made available to the state for such purposes 348
pursuant to any federal highway infrastructure program implemented 349
after September 1, 2018. 350
(4) Revenue collected pursuant to the fees imposed under 351
Section 75-76-183(3) shall be deposited into the City of Jackson 352
Development Fund created in Section 5 of this act. 353
[From and after July 1, 2028, this section shall read as 354
follows:] 355
75-76-129. On or before the last day of each month all 356
taxes, fees, interest, penalties, damages, fines or other monies 357
collected by the Department of Revenue during that month under the 358
provisions of this chapter, with the exception of (a) the local 359
government fees imposed under Section 75-76-195, and (b) an amount 360
equal to Three Million Dollars ($3,000,000.00) of the revenue 361
collected pursuant to the fee imposed under Section 362
75-76-177(1)(c), and (c) the revenue collected pursuant to the 363
fees imposed under Section 75-76-183(3), shall be paid by the 364
Department of Revenue to the State Treasurer to be deposited in 365
the State General Fund. The local government fees shall be 366
distributed by the Department of Revenue pursuant to Section 367
75-76-197. An amount equal to Three Million Dollars 368
($3,000,000.00) of the revenue collected during that month 369
pursuant to the fee imposed under Section 75-76-177(1)(c) shall be 370
deposited by the Department of Revenue into the bond sinking fund 371
created in Section 1(3) of Chapter 479, Laws of 2015. Revenue 372
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collected pursuant to the fees imposed under Section 75-76-183(3), 373
shall be deposited into the City of Jackson Development Fund 374
created in Section 5 of this act. 375
SECTION 4. Section 75-76-183, Mississippi Code of 1972, is 376
amended as follows: 377
75-76-183. (1) Each applicant for a license to conduct 378
gaming aboard a vessel or cruise vessel shall pay an application 379
fee of Five Thousand Dollars ($5,000.00). 380
(2) Each licensee who is licensed to conduct gaming aboard a 381
vessel or cruise vessel shall pay an annual license fee of Five 382
Thousand Dollars ($5,000.00). 383
(3) (i) In addition to any other fees provided for in this 384
chapter, an applicant who is approved for a license to conduct 385
gaming as a licensed gaming establishment that is part of a 386
project shall pay a development fee of Ten Million Dollars 387
($10,000,000.00) after initial issuance of the license to the 388
applicant. 389
(ii) In addition to any other fees provided for in 390
this chapter, a licensee who is licensed to conduct gaming as a 391
licensed gaming establishment that is part of a project shall pay 392
an annual development fee of Ten Million Dollars ($10,000,000.00) 393
for each of the ten (10) years immediately succeeding the year in 394
which the licensee was so initially licensed. 395
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SECTION 5. (1) As used in this section, the following words 396
and phrases shall have the meanings as defined in this subsection 397
unless the context clearly requires otherwise: 398
(a) "Department" means the Department of Finance and 399
Administration. 400
(b) "Development" means the acquisition, construction, 401
renovation, repairs, upgrades and improvements to property such as 402
buildings and other facilities and/or infrastructure for the 403
establishment of new business enterprises and/or the expansion of 404
existing business enterprises, and/or procuring the acquisition, 405
construction, renovation, repairs, upgrades and improvements to 406
property such as buildings and other facilities and/or 407
infrastructure for the establishment of new business enterprises 408
and/or the expansion of existing business enterprises. 409
(c) "Person" means any association, corporation, firm, 410
partnership, trust or other form of business association as well 411
as a natural person. 412
(2) (a) The department shall establish a grant and 413
revolving loan program to provide grants and loans to assist 414
persons in paying costs associated with development in the City of 415
Jackson, Mississippi. 416
(b) A person desiring assistance under the program 417
established under this section must submit an application to the 418
department. The application must contain: 419
(i) A description of: 420
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1. The property to be developed, 421
2. The purpose or purposes for which the 422
property is or was formerly being used at the time the application 423
is submitted, 424
3. The type of work the applicant will 425
perform as part of the development and the purpose or purposes for 426
which the property will be used after development, 427
4. The amount of capital investment for the 428
development other than assistance under this section, if any, and 429
5. The amount of assistance in grant and/or 430
loan funds requested; and 431
(ii) Any other information requested by the 432
department. 433
(c) The department shall review such application and 434
determine whether the applicant is eligible for assistance under 435
the program. If the department approves the applicant for 436
assistance under the program, it shall provide a certificate to 437
the applicant designating the applicant as eligible for 438
assistance. Such assistance may be in the form of grant and/or 439
loans funds. 440
(d) Monies repaid to the state from loans authorized 441
under this section shall be deposited into the City of Jackson 442
Development Fund created in subsection (3) of this section. 443
(3) There is created in the State Treasury a special fund, 444
to be designated as the "City of Jackson Development Fund", which 445
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shall consist of monies deposited therein under Section 75-76-129, 446
Mississippi Code of 1972, and any other monies designated for 447
deposit therein. The fund shall be maintained by the State 448
Treasurer as a separate and special fund, separate and apart from 449
the General Fund of the state. Unexpended amounts remaining in 450
the fund at the end of a fiscal year shall not lapse into the 451
State General Fund, and any interest earned or investment earnings 452
on amounts in the fund shall be deposited into such fund. Monies 453
in the fund shall be disbursed, in the discretion of the 454
Department of Finance and Administration, upon appropriation by 455
the Legislature, to provide loans and grants for purposes 456
described in this section. 457
(4) The department shall have all powers necessary to 458
implement and administer the program established under this 459
section, and the department shall promulgate rules, in accordance 460
with the Mississippi Administrative Procedures Law, as necessary 461
for the implementation of this section. 462
SECTION 6. (1) For the first full state fiscal year during 463
which a licensed gaming establishment that is part of a project is 464
operating and remitting license fees imposed and levied under 465
Sections 75-76-177 and 75-76-195, and for each of the four (4) 466
immediately succeeding state fiscal years, if the total amount of 467
revenue distributed to the City of Vicksburg, Mississippi, for 468
each such fiscal year under Section 75-76-197 and Chapter 965, 469
Local and Private Laws of 1993, is less than the average total 470
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amount of such revenue distributed annually to the city for the 471
three (3) state fiscal years immediately preceding the full state 472
fiscal year during which the licensed gaming establishment began 473
operating and remitting license fees imposed and levied under 474
Sections 75-76-177 and 75-76-195, then the Department of Finance 475
and Administration shall disburse funds to the City of Vicksburg 476
for the amount of such revenue shortfall for each such fiscal 477
year. Such funds shall be paid from monies deposited into the 478
State General Fund under Section 76-76-129 which are derived from 479
fees imposed under Section 75-65-177(1) on a licensee that is a 480
licensed gaming establishment and part of a project. 481
(2) For the first full state fiscal year during which a 482
licensed gaming establishment that is part of a project is 483
operating and remitting license fees imposed and levied under 484
Sections 75-76-177 and 75-76-195, and for each of the four (4) 485
immediately succeeding state fiscal years, if the total amount of 486
revenue distributed to Warren County, Mississippi, for each such 487
fiscal year under Section 75-76-197 and Chapter 965, Local and 488
Private Laws of 1993, is less than the average total amount of 489
such revenue distributed annually to the county for the three (3) 490
state fiscal years immediately preceding the full state fiscal 491
year during which the licensed gaming establishment began 492
operating and remitting license fees imposed and levied under 493
Sections 75-76-177 and 75-76-195, then the Department of Finance 494
and Administration shall disburse funds to Warren County for the 495
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amount of such revenue shortfall for each such fiscal year. Such 496
funds shall be paid from monies deposited into the State General 497
Fund under Section 76-76-129 which are derived from fees imposed 498
under Section 75-65-177(1) on a licensee that is a licensed gaming 499
establishment and part of a project. 500
(3) For the first full state fiscal year during which a 501
licensed gaming establishment that is part of a project is 502
operating and remitting license fees imposed and levied under 503
Sections 75-76-177 and 75-76-195, and for each of the four (4) 504
immediately succeeding state fiscal years, from monies deposited 505
into the State General Fund under Section 76-76-129 which are 506
derived from fees imposed under Section 75-65-177(1) on such a 507
licensee that is a licensed gaming establishment and part of a 508
project, Seven Million Dollars ($7,000,000.00) shall be deposited 509
during each such fiscal year into a special fund that is created 510
in the State Treasury. Monies in the fund shall be disbursed by 511
the Department of Finance and Administration, upon appropriation 512
by the Legislature, for the purpose of paying costs associated 513
with the construction of an athletic stadium for Jackson State 514
University to host the university's sporting events. 515
(4) For the first full state fiscal year during which a 516
licensed gaming establishment that is part of a project is 517
operating and remitting license fees imposed and levied under 518
Sections 75-76-177 and 75-76-195, and for each of the four (4) 519
immediately succeeding state fiscal years, from monies deposited 520
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into the State General Fund under Section 76-76-129 which are 521
derived from fees imposed under Section 75-65-177(1) on such a 522
licensee that is a licensed gaming establishment and part of a 523
project, Two Million Dollars ($2,000,000.00) shall be deposited 524
during each such fiscal year into a special fund that is created 525
in the State Treasury. Monies in the fund shall be disbursed by 526
the Department of Finance and Administration, upon appropriation 527
by the Legislature, for the purpose of paying costs associated 528
with the repair and renovation of and upgrades and improvements to 529
the Mississippi Children's Museum in Jackson, Mississippi. 530
(5) For the first full state fiscal year during which a 531
licensed gaming establishment that is part of a project is 532
operating and remitting license fees imposed and levied under 533
Sections 75-76-177 and 75-76-195, and for each of the four (4) 534
immediately succeeding state fiscal years, from monies deposited 535
into the State General Fund under Section 76-76-129 which are 536
derived from fees imposed under Section 75-65-177(1) on such a 537
licensee that is a licensed gaming establishment and part of a 538
project, Five Million Dollars ($5,000,000.00) shall be deposited 539
during each such fiscal year into a special fund that is created 540
in the State Treasury. Monies in the fund shall be disbursed by 541
the Department of Finance and Administration, upon appropriation 542
by the Legislature, for the support and maintenance of the 543
University of Mississippi Medical Center Cancer Center and 544
Research Institute. 545
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(6) For the first full state fiscal year during which a 546
licensed gaming establishment that is part of a project is 547
operating and remitting license fees imposed and levied under 548
Sections 75-76-177 and 75-76-195, and for each of the two (2) 549
immediately succeeding state fiscal years, from monies deposited 550
into the State General Fund under Section 76-76-129 which are 551
derived from fees imposed under Section 75-65-177(1) on such a 552
licensee that is a licensed gaming establishment and part of a 553
project, One Million Dollars ($1,000,000.00) shall be deposited 554
into a special fund that is created in the State Treasury. Monies 555
in the fund shall be disbursed by the Department of Finance and 556
Administration, upon appropriation by the Legislature, for the 557
purpose of paying costs associated with extending Lakeland Drive 558
to Interstate 220 in Jackson, Mississippi. 559
(7) For the first full state fiscal year during which a 560
licensed gaming establishment that is part of a project is 561
operating and remitting license fees imposed and levied under 562
Sections 75-76-177 and 75-76-195, and for each of the four (4) 563
immediately succeeding state fiscal years, from monies deposited 564
into the State General Fund under Section 76-76-129 which are 565
derived from fees imposed under Section 75-65-177(1) on such a 566
licensee that is a licensed gaming establishment and part of a 567
project, Two Million Dollars ($2,000,000.00) shall be deposited 568
during each such fiscal year into a special fund that is created 569
in the State Treasury. Monies in the fund shall be disbursed by 570
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the Department of Finance and Administration, upon appropriation 571
by the Legislature, for the purpose of paying costs associated 572
with the construction of a tram system/land transportation system 573
running from at or near Jackson - Medgar Wiley Evers International 574
Airport to the downtown area of Jackson, Mississippi, and also 575
linking with the University of Mississippi Medical Center. 576
SECTION 7. Section 75-76-33, Mississippi Code of 1972, is 577
brought forward as follows: 578
75-76-33. (1) The commission shall, from time to time, 579
adopt, amend or repeal such regulations, consistent with the 580
policy, objects and purposes of this chapter, as it may deem 581
necessary or desirable in the public interest in carrying out the 582
policy and provisions of this chapter. The commission shall 583
comply with the Mississippi Administrative Procedures Law when 584
adopting, amending or repealing any regulations authorized under 585
this section or under any other provision of this chapter. 586
(2) These regulations shall, without limiting the general 587
powers herein conferred, include the following: 588
(a) Prescribing the method and form of application 589
which any applicant for a license or for a manufacturer's, 590
seller's or distributor's license must follow and complete before 591
consideration of his application by the executive director or the 592
commission. 593
(b) Prescribing the information to be furnished by any 594
applicant or licensee concerning his antecedents, habits, 595
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character, associates, criminal record, business activities and 596
financial affairs, past or present. 597
(c) Prescribing the information to be furnished by a 598
licensee relating to his employees. 599
(d) Requiring fingerprinting of an applicant or 600
licensee, and gaming employees of a licensee, or other methods of 601
identification and the forwarding of all fingerprints taken 602
pursuant to regulation of the Federal Bureau of Investigation. 603
(e) Prescribing the manner and procedure of all 604
hearings conducted by the commission or any hearing examiner of 605
the commission, including special rules of evidence applicable 606
thereto and notices thereof. 607
(f) Requiring any applicant to pay all or any part of 608
the fees and costs of investigation of such applicant as may be 609
determined by the commission under paragraph (g) of this 610
subsection (2). 611
(g) Prescribing the amounts of investigative fees only 612
as authorized by regulations of the commission under paragraph (f) 613
of this subsection, and collecting those fees. The commission 614
shall adopt regulations setting the amounts of those fees at 615
levels that will provide the commission with sufficient revenue, 616
when combined with any other monies as may be deposited into the 617
Mississippi Gaming Commission Fund created in Section 75-76-325, 618
to carry out the provisions of this chapter without any state 619
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general funds. In calculating the amount of such fees, the 620
commission shall: 621
(i) Attempt to set the fees at levels that will 622
create a balance in the Mississippi Gaming Commission Fund that 623
does not exceed, at the end of any state fiscal year, two percent 624
(2%) of the projected amount of funds that will provide the 625
commission with such sufficient revenue; and 626
(ii) Demonstrate the reasonableness of the 627
relationship between a fee and the actual costs of the 628
investigative activity for which the fee is being prescribed. 629
(h) Prescribing the manner and method of collection and 630
payment of fees and issuance of licenses. 631
(i) Prescribing under what conditions a licensee may be 632
deemed subject to revocation or suspension of his license. 633
(j) Requiring any applicant or licensee to waive any 634
privilege with respect to any testimony at any hearing or meeting 635
of the commission, except any privilege afforded by the 636
Constitution of the United States or this state. 637
(k) Defining and limiting the area, games and devices 638
permitted, and the method of operation of such games and devices, 639
for the purposes of this chapter. 640
(l) Prescribing under what conditions the nonpayment of 641
a gambling debt by a licensee shall be deemed grounds for 642
revocation or suspension of his license. 643
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(m) Governing the use and approval of gambling devices 644
and equipment. 645
(n) Prescribing the qualifications of, and the 646
conditions under which, attorneys, accountants and others are 647
permitted to practice before the commission. 648
(o) Restricting access to confidential information 649
obtained under this chapter and ensuring that the confidentiality 650
of such information is maintained and protected. 651
(p) Prescribing the manner and procedure by which the 652
executive director on behalf of the commission shall notify a 653
county or a municipality wherein an applicant for a license 654
desires to locate. 655
(q) Prescribing the manner and procedure for an 656
objection to be filed with the commission and the executive 657
director by a county or municipality wherein an applicant for a 658
license desires to locate. 659
(3) Notwithstanding any other provision of law, each 660
licensee shall be required to comply with the regulation that no 661
wager may be placed by, or on behalf of, any individual or entity 662
or group, not present on a licensed vessel or cruise vessel. 663
(4) From and after July 1, 2016, the expenses of this agency 664
shall be defrayed by appropriation from the State General Fund and 665
all user charges and fees authorized under this section shall be 666
deposited into the State General Fund as authorized by law. 667
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(5) From and after July 1, 2016, no state agency shall 668
charge another state agency a fee, assessment, rent or other 669
charge for services or resources received by authority of this 670
section. 671
SECTION 8. Section 75-76-67, Mississippi Code of 1972, is 672
brought forward as follows: 673
75-76-67. (1) Any person who the commission determines is 674
qualified to receive a license or be found suitable under the 675
provisions of this chapter, having due consideration for the 676
proper protection of the health, safety, morals, good order and 677
general welfare of the inhabitants of the State of Mississippi and 678
the declared policy of this state, may be issued a state gaming 679
license or found suitable. The burden of proving his 680
qualification to receive any license or be found suitable is on 681
the applicant. 682
(2) An application to receive a license or be found suitable 683
shall not be granted unless the commission is satisfied that the 684
applicant is: 685
(a) A person of good character, honesty and integrity; 686
(b) A person whose prior activities, criminal record, 687
if any, reputation, habits and associations do not pose a threat 688
to the public interest of this state or to the effective 689
regulation and control of gaming, or create or enhance the dangers 690
of unsuitable, unfair or illegal practices, methods and activities 691
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in the conduct of gaming or the carrying on of the business and 692
financial arrangements incidental thereto; and 693
(c) In all other respects qualified to be licensed or 694
found suitable consistent with the declared laws of the state. 695
(3) No person shall be granted a license or found suitable 696
under the provisions of this chapter who has been convicted of a 697
felony in any court of this state, another state, or the United 698
States; and no person shall be granted a license or found suitable 699
hereunder who has been convicted of a crime in any court of 700
another state or the United States which, if committed in this 701
state, would be a felony; and no person shall be granted a license 702
or found suitable under the provisions of this chapter who has 703
been convicted of a misdemeanor in any court of this state or of 704
another state, when such conviction was for gambling, sale of 705
alcoholic beverages to minors, prostitution, or procuring or 706
inducing individuals to engage in prostitution. 707
(4) A license to operate a gaming establishment shall not be 708
granted unless the applicant has satisfied the commission that: 709
(a) He has adequate business probity, competence and 710
experience, in gaming or generally; and 711
(b) The proposed financing of the entire operation is: 712
(i) Adequate for the nature of the proposed 713
operation; and 714
(ii) From a suitable source. Any lender or other 715
source of money or credit which the commission finds does not meet 716
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the standards set forth in subsection (2) may be deemed 717
unsuitable. 718
(5) An application to receive a license or be found suitable 719
constitutes a request for a determination of the applicant's 720
general character, integrity and ability to participate or engage 721
in, or be associated with gaming. Any written or oral statement 722
made in the course of an official proceeding of the commission or 723
the executive director or any witness testifying under oath which 724
is relevant to the purpose of the proceeding is absolutely 725
privileged and does not impose liability for defamation or 726
constitute a ground for recovery in any civil action. 727
(6) The commission may, in its discretion, grant a license 728
to a corporation which has complied with the provisions of this 729
chapter. 730
(7) The commission may, in its discretion, grant a license 731
to a limited partnership which has complied with the provisions of 732
this chapter. 733
(8) No limited partnership, except one whose sole limited 734
partner is a publicly traded corporation which has registered with 735
the commission, or business trust or organization or other 736
association of a quasi-corporate character is eligible to receive 737
or hold any license under this chapter unless all persons having 738
any direct or indirect interest therein of any nature whatsoever, 739
whether financial, administrative, policymaking or supervisory, 740
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are individually qualified to be licensed under the provisions of 741
this chapter. 742
(9) The commission may, by regulation, limit the number of 743
persons who may be financially interested and the nature of their 744
interest in any corporation or other organization or association 745
licensed under this chapter, and may establish such other 746
qualifications of licenses as the commission, in its discretion, 747
deems to be in the public interest and consistent with the 748
declared policy of the state. 749
SECTION 9. Section 75-76-77, Mississippi Code of 1972, is 750
brought forward as follows: 751
75-76-77. (1) The executive director shall present his 752
recommendation upon an application to the commission at the next 753
meeting of the commission. 754
(2) The commission may, after considering the recommendation 755
of the executive director, issue to the applicant named, as a 756
natural person, and to the licensed gaming establishment, as a 757
business entity, under the name or style therein designated, a 758
state gaming license, or may deny the same. The commission may 759
limit the license or place such conditions thereon as it may deem 760
necessary in the public interest. The commission may, if it 761
considers necessary, issue a probationary license. No state gaming 762
license may be assigned either in whole or in part. 763
(3) After the issuance of the license, it shall continue in 764
effect upon proper payment of the state license fees and any other 765
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fees, taxes and penalties, as required by law and the regulations 766
of the commission, subject to the power of the commission to 767
revoke, suspend, condition or limit licenses. 768
(4) The commission may further limit or place such 769
conditions as it may deem necessary in the public interest upon 770
any registration, finding of suitability or approval for which 771
application has been made. 772
(5) After the executive director has made a recommendation 773
for denial of an application, the commission, after considering 774
the recommendation of the executive director, may: 775
(a) Deny the application; 776
(b) Remand the matter to the executive director for 777
such further investigation and reconsideration as the commission 778
may order; or 779
(c) By unanimous vote of the members present, grant the 780
application for a license, registration, finding of suitability or 781
approval. 782
(6) If the commission is not satisfied that an applicant 783
recommended by the executive director is qualified to be licensed 784
under this chapter, the commission may cause to be made such 785
investigation into and conduct such hearings concerning the 786
qualifications of the applicant in accordance with its regulations 787
as it may deem necessary. 788
(7) If the commission desires further investigation be made 789
or desires to conduct any hearings, it shall, within thirty (30) 790
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days after presentation of the recommendation of the executive 791
director, so notify the applicant and set a date for hearing. 792
Final action by the commission must be taken within one hundred 793
twenty (120) days after the recommendation of the executive 794
director has been presented to the commission. Failure of the 795
commission to take action within one hundred twenty (120) days 796
shall be deemed to constitute approval of the applicant by the 797
commission, and a license must be issued forthwith upon compliance 798
by the applicant. 799
(8) The commission has full and absolute power and authority 800
to deny any application for any cause it deems reasonable. If an 801
application is denied, the commission shall prepare and file its 802
written decision upon which its order denying the application is 803
based. 804
SECTION 10. Section 75-76-89, Mississippi Code of 1972, is 805
brought forward as follows: 806
75-76-89. (1) Except as otherwise provided in subsection 807
(3) of this section, all licenses issued to the same person, 808
including a wholly owned subsidiary of that person, for the 809
operation of any game, including a sports pool or race book, which 810
authorize gaming at the same establishment must be merged into a 811
single gaming license. A gaming license may not be issued to any 812
person if the issuance would result in more than one licensed 813
operation at a single establishment, whether or not the profits or 814
revenue from gaming are shared between the licensed operations. 815
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(2) A person who has been issued a gaming license may 816
establish a sports pool or race book on the premises of the 817
establishment at which he conducts a gaming operation only after 818
obtaining permission from the executive director. 819
SECTION 11. Section 75-76-203, Mississippi Code of 1972, is 820
brought forward as follows: 821
75-76-203. In order to be eligible to receive a state gaming 822
license, a corporation shall: 823
(a) Be incorporated: 824
(i) In the State of Mississippi, although such 825
corporation may be a wholly or partly owned subsidiary of a 826
corporation which is chartered in another state of the United 827
States; or 828
(ii) In another state of the United States, if all 829
persons having any direct or indirect interest of any nature in 830
such corporation are licensed as required by this chapter and any 831
applicable regulations of the commission; 832
(b) Maintain an office of the corporation on the 833
licensed premises; 834
(c) Comply with all of the requirements of the laws of 835
the State of Mississippi pertaining to corporations; and 836
(d) Maintain a ledger in the principal office of the 837
corporation in Mississippi, which shall: 838
(i) At all times reflect the ownership of every 839
class of security issued by the corporation; and 840
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(ii) Be available for inspection by the commission 841
or the executive director or his employees at all reasonable times 842
without notice. 843
SECTION 12. Section 19-3-79, Mississippi Code of 1972, is 844
amended as follows: 845
19-3-79. (1) Any person, corporation or other legal entity 846
required to obtain a state gaming license to conduct legal gaming 847
aboard a cruise vessel or vessel, as defined in Section 27-109-1, 848
as prescribed by the Mississippi Gaming Control Act shall, before 849
applying for such license, provide the Mississippi Gaming 850
Commission with a written notice of intent to apply for a license. 851
The "notice of intent to apply for a gaming license" shall be on a 852
form prescribed by the executive director of the commission and 853
shall state the county in which the intending licensee desires to 854
conduct legal gaming aboard a cruise vessel or vessel, as the case 855
may be. Within ten (10) days after receipt of a notice of intent 856
to apply for a gaming license, the commission shall require such 857
person, corporation or legal entity to publish the notice once 858
each week for three (3) consecutive weeks in a newspaper having 859
general circulation in the county in which the intending licensee 860
desires to conduct legal gaming aboard a cruise vessel or vessel, 861
as the case may be. 862
(2) If no petition as prescribed in subsection (3) of this 863
section is filed with the board of supervisors of the applicable 864
county within thirty (30) days after the date of the last 865
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publication, the board of supervisors of such county shall adopt a 866
resolution stating that no petition was timely filed and that 867
legal gaming may henceforth be conducted aboard cruise vessels or 868
vessels, as the case may be, in such county. 869
(3) If a petition signed by twenty percent (20%) or fifteen 870
hundred (1500), whichever is less, of the registered voters of a 871
county in which a notice of intent to apply for a gaming license 872
is published is filed within thirty (30) days of the date of the 873
last publication with the circuit clerk of the applicable county, 874
the board of supervisors of such county shall authorize the 875
circuit clerk to hold an election on the proposition of allowing 876
legal gaming to be conducted aboard cruise vessels or vessels, as 877
the case may be, in the county on the date upon which such an 878
election may be conducted under subsection (7). The referendum 879
shall be advertised, held, conducted and the result thereof 880
canvassed in the manner provided by law for advertising, holding 881
and canvassing county elections. 882
(4) At such election, all qualified electors of such county 883
may vote. The ballots used at such election shall have printed 884
thereon a brief statement of the purpose of the election and the 885
words "FOR LEGAL GAMING ABOARD CRUISE VESSELS (OR VESSELS) IN THE 886
COUNTY AS PRESCRIBED BY LAW" and "AGAINST LEGAL GAMING ABOARD 887
CRUISE VESSELS (OR VESSELS) IN THE COUNTY AS PRESCRIBED BY LAW." 888
The voter shall vote by placing a cross (x) or check (√) mark 889
opposite his choice on the proposition. If a majority of the 890
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qualified electors who vote in such election shall vote in favor 891
of allowing legal gaming to be conducted aboard cruise vessels or 892
vessels, as the case may be, then legal gaming may henceforth be 893
conducted aboard cruise vessels or vessels, as the case may be, in 894
the county. If less than a majority of the qualified electors who 895
vote in such election shall vote in favor of allowing legal gaming 896
to be conducted aboard cruise vessels or vessels, as the case may 897
be, in the county, then gaming aboard cruise vessels or vessels, 898
as the case may be, shall be prohibited in the county until such 899
time as a subsequent election, held according to the restrictions 900
specified in subsection (7), may authorize such legal gaming. 901
(5) In any county in which no petition is timely filed after 902
a notice of intent to apply for a gaming license is published, or 903
in which an election is held on the proposition of allowing legal 904
gaming to be conducted aboard cruise vessels or vessels, as the 905
case may be, in the county and a majority of the qualified 906
electors who vote in such election vote in favor of allowing legal 907
gaming to be conducted aboard cruise vessels or vessels, as the 908
case may be, in the county, no election shall thereafter be held 909
in that county pursuant to this section on the proposition of 910
allowing legal gaming to be conducted aboard cruise vessels or 911
vessels, as the case may be, in that county. 912
(6) Notwithstanding any provision of this section or 913
Sections 97-33-1, 97-33-7, 97-33-17, 97-33-25 and 97-33-27 to the 914
contrary, if an election is held pursuant to this section which 915
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causes the conducting of gaming aboard cruise vessels to be 916
prohibited in any county in which one or more cruise vessels were 917
operating out of a port in the county on August 28, 1990, the 918
prohibition on the conducting of gaming aboard cruise vessels in 919
that county shall not apply to the conducting of legal gaming 920
aboard any of those cruise vessels which were still operating out 921
of a port in that county at the time of the election. 922
(7) If an election has been held on the issue of allowing 923
legal gaming to be conducted aboard cruise vessels or vessels, as 924
the case may be, in a county, and the authority to conduct such 925
legal gaming has been denied by the electors of such county, then 926
a subsequent election on such issue may not be held until: 927
(a) The date of the next succeeding general election in 928
which the election for President of the United States occurs; or 929
(b) In the case in which the authority to conduct such 930
legal gaming has been denied by the electors of such county at 931
elections on three (3) different occasions, whether those 932
occasions be successive or not, the date of the next succeeding 933
general election occurring at least eight (8) years after the last 934
of the three (3) occasions on which the electors denied the 935
authority to conduct such legal gaming. 936
(8) The provisions of this section shall not apply to a 937
person, corporation or other legal entity applying for a license 938
for a gaming establishment that is part of a project as defined in 939
Section 75-76-5. 940
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SECTION 13. Section 87-1-5, Mississippi Code of 1972, is 941
amended as follows: 942
87-1-5. If any person, by playing at any game whatever, or 943
by betting on the sides or hands of such as do play at any game, 944
or by betting on any horse race or cockfight, or at any other 945
sport or pastime, or by any wager whatever, shall lose any money, 946
property, or other valuable thing, real or personal, and shall pay 947
or deliver the same or any part thereof, the person so losing and 948
paying or delivering the same, or his wife or children, may sue 949
for and recover such money, property, or other valuable thing so 950
lost and paid or delivered, or any part thereof, from the person 951
knowingly receiving the same, with costs. However, this section 952
shall not apply to betting, gaming or wagering: 953
(a) On a cruise vessel as defined in Section 27-109-1 954
whenever such vessel is in the waters within the State of 955
Mississippi, which lie adjacent to the State of Mississippi south 956
of the three (3) most southern counties in the State of 957
Mississippi, including the Mississippi Sound, St. Louis Bay, 958
Biloxi Bay and Pascagoula Bay; 959
(b) In a structure located in whole or in part on shore 960
in any of the three (3) most southern counties in the State of 961
Mississippi in which the registered voters of the county have 962
voted to allow such betting, gaming or wagering on cruise vessels 963
as provided in Section 19-3-79, if: 964
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(i) The structure is owned, leased or controlled 965
by a person possessing a gaming license, as defined in Section 966
75-76-5, to conduct legal gaming on a cruise vessel under 967
paragraph (a) of this section; 968
(ii) The part of the structure in which licensed 969
gaming activities are conducted is located entirely in an area 970
which is located no more than eight hundred (800) feet from the 971
mean high-water line (as defined in Section 29-15-1) of the waters 972
within the State of Mississippi, which lie adjacent to the State 973
of Mississippi south of the three (3) most southern counties in 974
the State of Mississippi, including the Mississippi Sound, St. 975
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 976
Harrison County only, no farther north than the southern boundary 977
of the right-of-way for U.S. Highway 90, whichever is greater; and 978
(iii) In the case of a structure that is located 979
in whole or part on shore, the part of the structure in which 980
licensed gaming activities are conducted shall lie adjacent to 981
state waters south of the three (3) most southern counties in the 982
State of Mississippi, including the Mississippi Sound, St. Louis 983
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 984
structure is located consists of a parcel of real property, 985
easements and rights-of-way for public streets and highways shall 986
not be construed to interrupt the contiguous nature of the parcel, 987
nor shall the footage contained within the easements and 988
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rights-of-way be counted in the calculation of the distances 989
specified in subparagraph (ii) * * *; 990
(c) On a vessel as defined in Section 27-109-1 whenever 991
such vessel is on the Mississippi River or navigable waters within 992
any county bordering on the Mississippi River; 993
(d) In a licensed gaming establishment that is part of 994
a project as defined in Section 75-76-5; or 995
( * * *e) That is legal under the laws of the State of 996
Mississippi. 997
SECTION 14. Section 97-33-1, Mississippi Code of 1972, is 998
amended as follows: 999
97-33-1. Except as otherwise provided in Section 97-33-8, if 1000
any person shall encourage, promote or play at any game, play or 1001
amusement, other than a fight or fighting match between dogs, for 1002
money or other valuable thing, or shall wager or bet, promote or 1003
encourage the wagering or betting of any money or other valuable 1004
things, upon any game, play, amusement, cockfight, Indian ball 1005
play or duel, other than a fight or fighting match between dogs, 1006
or upon the result of any election, event or contingency whatever, 1007
upon conviction thereof, he shall be fined in a sum not more than 1008
Five Hundred Dollars ($500.00); and, unless such fine and costs be 1009
immediately paid, shall be imprisoned for any period not more than 1010
ninety (90) days. However, this section shall not apply to 1011
betting, gaming or wagering: 1012
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(a) On a cruise vessel as defined in Section 27-109-1 1013
whenever such vessel is in the waters within the State of 1014
Mississippi, which lie adjacent to the State of Mississippi south 1015
of the three (3) most southern counties in the State of 1016
Mississippi, including the Mississippi Sound, St. Louis Bay, 1017
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1018
of the county in which the port is located have not voted to 1019
prohibit such betting, gaming or wagering on cruise vessels as 1020
provided in Section 19-3-79; 1021
(b) In a structure located, in whole or in part, on 1022
shore in any of the three (3) most southern counties in the State 1023
of Mississippi in which the registered voters of the county have 1024
voted to allow such betting, gaming or wagering on cruise vessels 1025
as provided in Section 19-3-79, if: 1026
(i) The structure is owned, leased or controlled 1027
by a person possessing a gaming license, as defined in Section 1028
75-76-5, to conduct legal gaming on a cruise vessel under 1029
paragraph (a) of this section; 1030
(ii) The part of the structure in which licensed 1031
gaming activities are conducted is located entirely in an area 1032
which is located no more than eight hundred (800) feet from the 1033
mean high-water line (as defined in Section 29-15-1) of the waters 1034
within the State of Mississippi, which lie adjacent to the State 1035
of Mississippi south of the three (3) most southern counties in 1036
the State of Mississippi, including the Mississippi Sound, St. 1037
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Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1038
Harrison County only, no farther north than the southern boundary 1039
of the right-of-way for U.S. Highway 90, whichever is greater; and 1040
(iii) In the case of a structure that is located 1041
in whole or part on shore, the part of the structure in which 1042
licensed gaming activities are conducted shall lie adjacent to 1043
state waters south of the three (3) most southern counties in the 1044
State of Mississippi, including the Mississippi Sound, St. Louis 1045
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1046
structure is located consists of a parcel of real property, 1047
easements and rights-of-way for public streets and highways shall 1048
not be construed to interrupt the contiguous nature of the parcel, 1049
nor shall the footage contained within the easements and 1050
rights-of-way be counted in the calculation of the distances 1051
specified in subparagraph (ii); 1052
(c) On a vessel as defined in Section 27-109-1 whenever 1053
such vessel is on the Mississippi River or navigable waters within 1054
any county bordering on the Mississippi River, and in which the 1055
registered voters of the county in which the port is located have 1056
not voted to prohibit such betting, gaming or wagering on vessels 1057
as provided in Section 19-3-79; 1058
(d) In a licensed gaming establishment that is part of 1059
a project as defined in Section 75-76-5; or 1060
( * * *e) That is legal under the laws of the State of 1061
Mississippi. 1062
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SECTION 15. Section 97-33-7, Mississippi Code of 1972, is 1063
amended as follows: 1064
97-33-7. (1) Except as otherwise provided in Section 1065
97-33-8, it shall be unlawful for any person or persons, firm, 1066
copartnership or corporation to have in possession, own, control, 1067
display, or operate any cane rack, knife rack, artful dodger, 1068
punch board, roll down, merchandise wheel, slot machine, pinball 1069
machine, or similar device or devices. Provided, however, that 1070
this section shall not be so construed as to make unlawful the 1071
ownership, possession, control, display or operation of any 1072
antique coin machine as defined in Section 27-27-12, or any music 1073
machine or bona fide automatic vending machine where the purchaser 1074
receives exactly the same quantity of merchandise on each 1075
operation of said machine. Any slot machine other than an antique 1076
coin machine as defined in Section 27-27-12 which delivers, or is 1077
so constructed as that by operation thereof it will deliver to the 1078
operator thereof anything of value in varying quantities, in 1079
addition to the merchandise received, and any slot machine other 1080
than an antique coin machine as defined in Section 27-27-12 that 1081
is constructed in such manner as that slugs, tokens, coins or 1082
similar devices are, or may be, used and delivered to the operator 1083
thereof in addition to merchandise of any sort contained in such 1084
machine, is hereby declared to be a gambling device, and shall be 1085
deemed unlawful under the provisions of this section. Provided, 1086
however, that pinball machines which do not return to the operator 1087
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or player thereof anything but free additional games or plays 1088
shall not be deemed to be gambling devices, and neither this 1089
section nor any other law shall be construed to prohibit same. 1090
(2) No property right shall exist in any person, natural or 1091
artificial, or be vested in such person, in any or all of the 1092
devices described herein that are not exempted from the provisions 1093
of this section; and all such devices are hereby declared to be at 1094
all times subject to confiscation and destruction, and their 1095
possession shall be unlawful, except when in the possession of 1096
officers carrying out the provisions of this section. It shall be 1097
the duty of all law enforcing officers to seize and immediately 1098
destroy all such machines and devices. 1099
(3) A first violation of the provisions of this section 1100
shall be deemed a misdemeanor, and the party offending shall, upon 1101
conviction, be fined in any sum not exceeding Five Hundred Dollars 1102
($500.00), or imprisoned not exceeding three (3) months, or both, 1103
in the discretion of the court. In the event of a second 1104
conviction for a violation of any of the provisions of this 1105
section, the party offending shall be subject to a sentence of not 1106
less than six (6) months in the county jail, nor more than two (2) 1107
years in the State Penitentiary, in the discretion of the trial 1108
court. 1109
(4) Notwithstanding any provision of this section to the 1110
contrary, it shall not be unlawful to operate any equipment or 1111
device described in subsection (1) of this section or any gaming, 1112
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gambling or similar device or devices by whatever name called 1113
while: 1114
(a) On a cruise vessel as defined in Section 27-109-1 1115
whenever such vessel is in the waters within the State of 1116
Mississippi, which lie adjacent to the State of Mississippi south 1117
of the three (3) most southern counties in the State of 1118
Mississippi, including the Mississippi Sound, St. Louis Bay, 1119
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1120
of the county in which the port is located have not voted to 1121
prohibit such betting, gaming or wagering on cruise vessels as 1122
provided in Section 19-3-79; 1123
(b) In a structure located, in whole or in part, on 1124
shore in any of the three (3) most southern counties in the State 1125
of Mississippi in which the registered voters of the county have 1126
voted to allow such betting, gaming or wagering on cruise vessels 1127
as provided in Section 19-3-79, if: 1128
(i) The structure is owned, leased or controlled 1129
by a person possessing a gaming license, as defined in Section 1130
75-76-5, to conduct legal gaming on a cruise vessel under 1131
paragraph (a) of this subsection; 1132
(ii) The part of the structure in which licensed 1133
gaming activities are conducted is located entirely in an area 1134
which is located no more than eight hundred (800) feet from the 1135
mean high-water line (as defined in Section 29-15-1) of the waters 1136
within the State of Mississippi, which lie adjacent to the State 1137
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of Mississippi south of the three (3) most southern counties in 1138
the State of Mississippi, including the Mississippi Sound, St. 1139
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1140
Harrison County only, no farther north than the southern boundary 1141
of the right-of-way for U.S. Highway 90, whichever is greater; and 1142
(iii) In the case of a structure that is located 1143
in whole or part on shore, the part of the structure in which 1144
licensed gaming activities are conducted shall lie adjacent to 1145
state waters south of the three (3) most southern counties in the 1146
State of Mississippi, including the Mississippi Sound, St. Louis 1147
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1148
structure is located consists of a parcel of real property, 1149
easements and rights-of-way for public streets and highways shall 1150
not be construed to interrupt the contiguous nature of the parcel, 1151
nor shall the footage contained within the easements and 1152
rights-of-way be counted in the calculation of the distances 1153
specified in subparagraph (ii); 1154
(c) On a vessel as defined in Section 27-109-1 whenever 1155
such vessel is on the Mississippi River or navigable waters within 1156
any county bordering on the Mississippi River, and in which the 1157
registered voters of the county in which the port is located have 1158
not voted to prohibit such betting, gaming or wagering on vessels 1159
as provided in Section 19-3-79; 1160
(d) In a licensed gaming establishment that is part of 1161
a project as defined in Section 75-76-5; or 1162
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( * * *e) That is legal under the laws of the State of 1163
Mississippi. 1164
(5) Notwithstanding any provision of this section to the 1165
contrary, it shall not be unlawful (a) to own, possess, repair or 1166
control any gambling device, machine or equipment in a licensed 1167
gaming establishment or on the business premises appurtenant to 1168
any such licensed gaming establishment during any period of time 1169
in which such licensed gaming establishment is being constructed, 1170
repaired, maintained or operated in this state; (b) to install any 1171
gambling device, machine or equipment in any licensed gaming 1172
establishment; (c) to possess or control any gambling device, 1173
machine or equipment during the process of procuring or 1174
transporting such device, machine or equipment for installation on 1175
any such licensed gaming establishment; or (d) to store in a 1176
warehouse or other storage facility any gambling device, machine, 1177
equipment, or part thereof, regardless of whether the county or 1178
municipality in which the warehouse or storage facility is located 1179
has approved gaming aboard cruise vessels or vessels, provided 1180
that such device, machine or equipment is operated only in a 1181
county or municipality that has approved gaming aboard cruise 1182
vessels or vessels. Any gambling device, machine or equipment 1183
that is owned, possessed, controlled, installed, procured, 1184
repaired, transported or stored in accordance with this subsection 1185
shall not be subject to confiscation, seizure or destruction, and 1186
any person, firm, partnership or corporation which owns, 1187
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possesses, controls, installs, procures, repairs, transports or 1188
stores any gambling device, machine or equipment in accordance 1189
with this subsection shall not be subject to any prosecution or 1190
penalty under this section. Any person constructing or repairing 1191
such cruise vessels or vessels within a municipality shall comply 1192
with all municipal ordinances protecting the general health or 1193
safety of the residents of the municipality. 1194
SECTION 16. Section 97-33-17, Mississippi Code of 1972, is 1195
amended as follows: 1196
97-33-17. (1) All monies exhibited for the purpose of 1197
betting or alluring persons to bet at any game, and all monies 1198
staked or betted, shall be liable to seizure by any sheriff, 1199
constable, or police officer, together with all the appliances 1200
used or kept for use in gambling, or by any other person; and all 1201
the monies so seized shall be accounted for by the person making 1202
the seizure, and all appliances seized shall be destroyed; 1203
provided, however, this section shall not apply to betting, gaming 1204
or wagering on: 1205
(a) A cruise vessel as defined in Section 27-109-1 1206
whenever such vessel is in the waters within the State of 1207
Mississippi, which lie adjacent to the State of Mississippi south 1208
of the three (3) most southern counties in the State of 1209
Mississippi, including the Mississippi Sound, St. Louis Bay, 1210
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1211
of the county in which the port is located have not voted to 1212
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prohibit such betting, gaming or wagering on cruise vessels as 1213
provided in Section 19-3-79; 1214
(b) In a structure located in whole or in part on shore 1215
in any of the three (3) most southern counties in the State of 1216
Mississippi in which the registered voters of the county have 1217
voted to allow such betting, gaming or wagering on cruise vessels 1218
as provided in Section 19-3-79, if: 1219
(i) The structure is owned, leased or controlled 1220
by a person possessing a gaming license, as defined in Section 1221
75-76-5, to conduct legal gaming on a cruise vessel under 1222
paragraph (a) of this subsection; 1223
(ii) The part of the structure in which licensed 1224
gaming activities are conducted is located entirely in an area 1225
which is located no more than eight hundred (800) feet from the 1226
mean high-water line (as defined in Section 29-15-1) of the waters 1227
within the State of Mississippi, which lie adjacent to the State 1228
of Mississippi south of the three (3) most southern counties in 1229
the State of Mississippi, including the Mississippi Sound, St. 1230
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1231
Harrison County only, no farther north than the southern boundary 1232
of the right-of-way for U.S. Highway 90, whichever is greater; and 1233
(iii) In the case of a structure that is located 1234
in whole or part on shore, the part of the structure in which 1235
licensed gaming activities are conducted shall lie adjacent to 1236
state waters south of the three (3) most southern counties in the 1237
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State of Mississippi, including the Mississippi Sound, St. Louis 1238
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1239
structure is located consists of a parcel of real property, 1240
easements and rights-of-way for public streets and highways shall 1241
not be construed to interrupt the contiguous nature of the parcel, 1242
nor shall the footage contained within the easements and 1243
rights-of-way be counted in the calculation of the distances 1244
specified in subparagraph (ii) * * *; 1245
(c) A vessel as defined in Section 27-109-1 whenever 1246
such vessel is on the Mississippi River or navigable waters within 1247
any county bordering on the Mississippi River, and in which the 1248
registered voters of the county in which the port is located have 1249
not voted to prohibit such betting, gaming or wagering on vessels 1250
as provided in Section 19-3-79; 1251
(d) In a licensed gaming establishment that is part of 1252
a project as defined in Section 75-76-5; or 1253
( * * *e) That is legal under the laws of the State of 1254
Mississippi. 1255
(2) Nothing in this section shall apply to any gambling 1256
device, machine or equipment that is owned, possessed, controlled, 1257
installed, procured, repaired or transported in accordance with 1258
subsection (4) of Section 97-33-7. 1259
SECTION 17. Section 97-33-25, Mississippi Code of 1972, is 1260
amended as follows: 1261
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97-33-25. If any person shall sell or buy, either directly 1262
or indirectly, any chance in what is commonly called pool, upon 1263
any event whatever, or shall in any manner engage in such business 1264
or pastime, he shall be fined not more than Five Hundred Dollars 1265
($500.00) or shall be imprisoned in the county jail not more than 1266
ninety (90) days; provided, however, this section shall not apply 1267
to betting, gaming or wagering: 1268
(a) On a cruise vessel as defined in Section 27-109-1 1269
whenever such vessel is in the waters within the State of 1270
Mississippi, which lie adjacent to the State of Mississippi south 1271
of the three (3) most southern counties in the State of 1272
Mississippi, including the Mississippi Sound, St. Louis Bay, 1273
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1274
of the county in which the port is located have not voted to 1275
prohibit such betting, gaming or wagering on cruise vessels as 1276
provided in Section 19-3-79; 1277
(b) In a structure located in whole or in part on shore 1278
in any of the three (3) most southern counties in the State of 1279
Mississippi in which the registered voters of the county have 1280
voted to allow such betting, gaming or wagering on cruise vessels 1281
as provided in Section 19-3-79, if: 1282
(i) The structure is owned, leased or controlled 1283
by a person possessing a gaming license, as defined in Section 1284
75-76-5, to conduct legal gaming on a cruise vessel under 1285
paragraph (a) of this section; 1286
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(ii) The part of the structure in which licensed 1287
gaming activities are conducted is located entirely in an area 1288
which is located no more than eight hundred (800) feet from the 1289
mean high-water line (as defined in Section 29-15-1) of the waters 1290
within the State of Mississippi, which lie adjacent to the State 1291
of Mississippi south of the three (3) most southern counties in 1292
the State of Mississippi, including the Mississippi Sound, St. 1293
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1294
Harrison County only, no farther north than the southern boundary 1295
of the right-of-way for U.S. Highway 90, whichever is greater; and 1296
(iii) In the case of a structure that is located 1297
in whole or part on shore, the part of the structure in which 1298
licensed gaming activities are conducted shall lie adjacent to 1299
state waters south of the three (3) most southern counties in the 1300
State of Mississippi, including the Mississippi Sound, St. Louis 1301
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1302
structure is located consists of a parcel of real property, 1303
easements and rights-of-way for public streets and highways shall 1304
not be construed to interrupt the contiguous nature of the parcel, 1305
nor shall the footage contained within the easements and 1306
rights-of-way be counted in the calculation of the distances 1307
specified in subparagraph (ii) * * *; 1308
(c) On a vessel as defined in Section 27-109-1 whenever 1309
such vessel is on the Mississippi River or navigable waters within 1310
any county bordering on the Mississippi River, and in which the 1311
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registered voters of the county in which the port is located have 1312
not voted to prohibit such betting, gaming or wagering on vessels 1313
as provided in Section 19-3-79; 1314
(d) In a licensed gaming establishment that is part of 1315
a project as defined in Section 75-76-5; or 1316
( * * *e) That is legal under the laws of the State of 1317
Mississippi. 1318
SECTION 18. Section 97-33-27, Mississippi Code of 1972, is 1319
amended as follows: 1320
97-33-27. If any person shall bet on a horse race or a yacht 1321
race or on a shooting match, he shall be fined not more than Five 1322
Hundred Dollars ($500.00), and, unless the fine and costs be 1323
immediately paid, he shall be imprisoned in the county jail not 1324
more than ninety (90) days; provided, however, this section shall 1325
not apply to betting, gaming or wagering: 1326
(a) On a cruise vessel as defined in Section 27-109-1 1327
whenever such vessel is in the waters within the State of 1328
Mississippi, which lie adjacent to the State of Mississippi south 1329
of the three (3) most southern counties in the State of 1330
Mississippi, including the Mississippi Sound, St. Louis Bay, 1331
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1332
of the county in which the port is located have not voted to 1333
prohibit such betting, gaming or wagering on cruise vessels as 1334
provided in Section 19-3-79; 1335
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(b) In a structure located in whole or in part on shore 1336
in any of the three (3) most southern counties in the State of 1337
Mississippi in which the registered voters of the county have 1338
voted to allow such betting, gaming or wagering on cruise vessels 1339
as provided in Section 19-3-79, if: 1340
(i) The structure is owned, leased or controlled 1341
by a person possessing a gaming license, as defined in Section 1342
75-76-5, to conduct legal gaming on a cruise vessel under 1343
paragraph (a) of this section; 1344
(ii) The part of the structure in which licensed 1345
gaming activities are conducted is located entirely in an area 1346
which is located no more than eight hundred (800) feet from the 1347
mean high-water line (as defined in Section 29-15-1) of the waters 1348
within the State of Mississippi, which lie adjacent to the State 1349
of Mississippi south of the three (3) most southern counties in 1350
the State of Mississippi, including the Mississippi Sound, St. 1351
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1352
Harrison County only, no farther north than the southern boundary 1353
of the right-of-way for U.S. Highway 90, whichever is greater; and 1354
(iii) In the case of a structure that is located 1355
in whole or part on shore, the part of the structure in which 1356
licensed gaming activities are conducted shall lie adjacent to 1357
state waters south of the three (3) most southern counties in the 1358
State of Mississippi, including the Mississippi Sound, St. Louis 1359
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1360
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structure is located consists of a parcel of real property, 1361
easements and rights-of-way for public streets and highways shall 1362
not be construed to interrupt the contiguous nature of the parcel, 1363
nor shall the footage contained within the easements and 1364
rights-of-way be counted in the calculation of the distances 1365
specified in subparagraph (ii) * * *; 1366
(c) On a vessel as defined in Section 27-109-1 whenever 1367
such vessel is on the Mississippi River or navigable waters within 1368
any county bordering on the Mississippi River, and in which the 1369
registered voters of the county in which the port is located have 1370
not voted to prohibit such betting, gaming or wagering on vessels 1371
as provided in Section 19-3-79; 1372
(d) In a licensed gaming establishment that is part of 1373
a project as defined in Section 75-76-5; or 1374
( * * *e) That is legal under the laws of the State of 1375
Mississippi. 1376
SECTION 19. Section 27-109-1, Mississippi Code of 1972, is 1377
brought forward as follows: 1378
27-109-1. (1) The provisions of this chapter shall be 1379
administered by the State Tax Commission, which shall administer 1380
them for the protection of the public and in the public interest 1381
in accordance with the policy of this state. 1382
(2) (a) The operator of any cruise vessel or vessel 1383
operating within the territorial jurisdiction of the State of 1384
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Mississippi shall be required to apply for and obtain a privilege 1385
license from the State Tax Commission. 1386
(b) For purposes of this chapter, the operator of any 1387
cruise vessel or vessel shall be identified as any owner or lessee 1388
which is vested with the authority and responsibility to manage 1389
daily operations of any such cruise vessel or vessel. 1390
(c) (i) For purposes of this chapter, the term "cruise 1391
vessel" shall mean a vessel which complies with all United States 1392
Coast Guard regulations, having a minimum overall length of one 1393
hundred fifty (150) feet and a minimum draft of six (6) feet and 1394
which is certified to carry at least two hundred (200) passengers; 1395
and the term "vessel" shall mean a vessel having a minimum overall 1396
length of one hundred fifty (150) feet. The term "vessel" shall 1397
also mean a "cruise vessel" as referred to in Section 27-109-11. 1398
For the purposes of a "vessel" as that term is defined in this 1399
section, "navigable waters" means any rivers, creeks, bayous or 1400
other bodies of water within any county in this state bordering on 1401
the Mississippi River that are used or susceptible of being used 1402
as an artery of commerce and which either in their natural or 1403
improved condition are used or suitable for use as an artery of 1404
commerce or are used for the docking or mooring of a vessel, 1405
notwithstanding interruptions between the navigable parts of such 1406
rivers, creeks, bayous or other bodies of water by falls, 1407
shallows, or rapids compelling land carriage. The term "cruise 1408
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vessel" or "vessel" also includes a structure as described in 1409
Section 97-33-1(b). 1410
(ii) For purposes of this subparagraph, the 1411
definitions of the words "person" and "gaming license" shall have 1412
the meanings ascribed to those words and terms in Section 75-76-5. 1413
After July 1, 2005, any person possessing a valid gaming license 1414
to conduct legal gaming on a cruise vessel or vessel may construct 1415
permanent structures upon which to place the vessel or cruise 1416
vessel where the licensee has received approval to offer legal 1417
gaming. Such permanent structures shall be included within the 1418
meanings of the terms "cruise vessel" and "vessel" under 1419
subparagraph (i). In the event that such a gaming licensee 1420
constructs permanent structures under this subparagraph, the 1421
requirement that a cruise vessel have a minimum draft of six (6) 1422
feet shall not apply. This subparagraph shall not authorize any 1423
form of inland gaming or the conducting of legal gaming on a 1424
vessel or cruise vessel which is not on, in or above water, as 1425
contemplated under subparagraph (i) and Section 97-33-1. 1426
(3) The commission and its agents may: 1427
(a) Inspect and examine all premises on the cruise 1428
vessel. 1429
(b) Inspect all equipment and supplies in, upon or 1430
about such premises. 1431
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(c) Summarily seize and remove from such premises and 1432
impound any equipment or supplies for the purpose of examination 1433
and inspection. 1434
(d) Demand access to and inspect, examine, photocopy 1435
and audit all papers, books and records of applicants and 1436
licensees, on their premises, or elsewhere as practicable, and in 1437
the presence of the licensee or his agent, respecting all matters 1438
affecting the enforcement of the policy or any of the provisions 1439
of this chapter. 1440
(4) For the purpose of conducting audits after the cessation 1441
of operations by a licensee, the former licensee shall furnish, 1442
upon demand of an agent of the commission, books, papers and 1443
records as necessary to conduct the audits. The former licensee 1444
shall maintain all books, papers and records necessary for audits 1445
for a period of one (1) year after the date of the surrender or 1446
revocation of his privilege license. If the former licensee seeks 1447
judicial review of a deficiency determination or files a petition 1448
for a redetermination, he must maintain all books, papers and 1449
records until a final order is entered on the determination. 1450
(5) The commission may investigate, for the purpose of 1451
prosecution, any suspected criminal violation of the provisions of 1452
this chapter. For the purpose of the administration and 1453
enforcement of this chapter, the commission and the executive, 1454
supervisory and investigative personnel of the commission have the 1455
powers of a peace officer of this state. 1456
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(6) The commission, or any of its members, has full power 1457
and authority to issue subpoenas and compel the attendance of 1458
witnesses at any place within this state, to administer oaths and 1459
to require testimony under oath. Any process or notice may be 1460
served in the manner provided for service of process and notices 1461
in civil actions. The commission may pay such transportation and 1462
other expense of witnesses as it may deem reasonable and proper. 1463
Any person making false oath in any matter before the commission 1464
is guilty of perjury. The commission, or any member thereof, may 1465
appoint hearing examiners who may administer oaths and receive 1466
evidence and testimony under oath. 1467
SECTION 20. Section 95-3-25, Mississippi Code of 1972, is 1468
brought forward as follows: 1469
95-3-25. Any building, club, vessel, boat, place or room, 1470
wherein is kept or exhibited any game or gaming table, commonly 1471
called A.B.C. or E.O. roulette, or rowley-powley, or rouquetnoir, 1472
roredo, keno, monte, or any faro-bank, dice, or other game, gaming 1473
table, or bank of the same or like kind, or any other kind or 1474
description of gambling device under any other name whatever, and 1475
any such place where information is furnished for the purpose of 1476
making and settling bets or wagers on any horse race, prize fight, 1477
or on the outcome of any like event, or where bets or wagers are 1478
arranged for, made or settled, shall be deemed to be a common 1479
nuisance and may be abated by writ of injunction, issued out of a 1480
court of equity upon a bill filed in the name of the state by the 1481
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Attorney General, or any district or county attorney, whose duty 1482
requires him to prosecute criminal cases on behalf of the state in 1483
the county where the nuisance is maintained, or by any citizen or 1484
citizens of such county, such bill to be filed in the county in 1485
which the nuisance exists. And all rules of evidence and of 1486
practice and procedure that pertain to courts of equity generally 1487
in this state may be invoked and applied in any injunction 1488
procedure hereunder. The provisions of this section shall not 1489
apply to any form of gaming or gambling that is legal under the 1490
laws of the State of Mississippi or to a licensed gaming 1491
establishment and shall not apply to any licensed gaming 1492
establishment having on its premises any gambling device, machine 1493
or equipment that is owned, possessed, controlled, installed, 1494
procured, repaired or transported in accordance with subsection 1495
(4) of Section 97-33-7. 1496
Upon the abatement of any such nuisance, any person found to 1497
be the owner, operator or exhibitor of any gambling device 1498
described in the first paragraph of this section may be required 1499
by the court to enter into a good and sufficient bond in such 1500
amount as may be deemed proper by the court, to be conditioned 1501
that the obligor therein will not violate any of the laws of 1502
Mississippi pertaining to gaming or gambling for a period of not 1503
to exceed two (2) years from the date thereof. The failure to 1504
make such bond shall be a contempt of court and for such contempt 1505
the person or party shall be confined in the county jail until 1506
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such bond is made, but not longer than two (2) years. Said bond 1507
shall be approved by the clerk of the court where the proceedings 1508
were had and shall be filed as a part of the record of such case. 1509
SECTION 21. Section 67-1-5, Mississippi Code of 1972, is 1510
amended as follows: 1511
67-1-5. For the purposes of this article and unless 1512
otherwise required by the context: 1513
(a) "Alcoholic beverage" means any alcoholic liquid, 1514
including wines of more than five percent (5%) of alcohol by 1515
weight, capable of being consumed as a beverage by a human being, 1516
but shall not include light wine, light spirit product and beer, 1517
as defined in Section 67-3-3, but shall include native wines, 1518
native spirits, and craft spirits. The words "alcoholic beverage" 1519
shall not include ethyl alcohol manufactured or distilled solely 1520
for fuel purposes or beer of an alcoholic content of more than 1521
eight percent (8%) by weight if the beer is legally manufactured 1522
in this state for sale in another state. 1523
(b) "Alcohol" means the product of distillation of any 1524
fermented liquid, whatever the origin thereof, and includes 1525
synthetic ethyl alcohol, but does not include denatured alcohol or 1526
wood alcohol. 1527
(c) "Distilled spirits" means any beverage containing 1528
more than six percent (6%) of alcohol by weight produced by 1529
distillation of fermented grain, starch, molasses or sugar, 1530
including dilutions and mixtures of these beverages. 1531
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(d) "Wine" or "vinous liquor" means any product 1532
obtained from the alcoholic fermentation of the juice of sound, 1533
ripe grapes, fruits, honey or berries and made in accordance with 1534
the revenue laws of the United States. 1535
(e) "Person" means and includes any individual, 1536
partnership, corporation, association or other legal entity 1537
whatsoever. 1538
(f) "Manufacturer" means any person engaged in 1539
manufacturing, distilling, rectifying, blending or bottling any 1540
alcoholic beverage. 1541
(g) "Wholesaler" means any person, other than a 1542
manufacturer, engaged in distributing or selling any alcoholic 1543
beverage at wholesale for delivery within or without this state 1544
when such sale is for the purpose of resale by the purchaser. 1545
(h) "Retailer" means any person who sells, distributes, 1546
or offers for sale or distribution, any alcoholic beverage for use 1547
or consumption by the purchaser and not for resale. 1548
(i) "State Tax Commission," "commission" or 1549
"department" means the Department of Revenue of the State of 1550
Mississippi, which shall create a division in its organization to 1551
be known as the Alcoholic Beverage Control Division. Any 1552
reference to the commission or the department hereafter means the 1553
powers and duties of the Department of Revenue with reference to 1554
supervision of the Alcoholic Beverage Control Division. 1555
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(j) "Division" means the Alcoholic Beverage Control 1556
Division of the Department of Revenue. 1557
(k) "Municipality" means any incorporated city or town 1558
of this state. 1559
(l) "Hotel" means an establishment within a 1560
municipality, or within a qualified resort area approved as such 1561
by the department, where, in consideration of payment, food and 1562
lodging are habitually furnished to travelers and wherein are 1563
located at least twenty (20) adequately furnished and completely 1564
separate sleeping rooms with adequate facilities that persons 1565
usually apply for and receive as overnight accommodations. Hotels 1566
in towns or cities of more than twenty-five thousand (25,000) 1567
population are similarly defined except that they must have fifty 1568
(50) or more sleeping rooms. Any such establishment described in 1569
this paragraph with less than fifty (50) beds shall operate one or 1570
more regular dining rooms designed to be constantly frequented by 1571
customers each day. When used in this article, the word "hotel" 1572
shall also be construed to include any establishment that meets 1573
the definition of "bed and breakfast inn" as provided in this 1574
section. 1575
(m) "Restaurant" means: 1576
(i) A place which is regularly and in a bona fide 1577
manner used and kept open for the serving of meals to guests for 1578
compensation, which has suitable seating facilities for guests, 1579
and which has suitable kitchen facilities connected therewith for 1580
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cooking an assortment of foods and meals commonly ordered at 1581
various hours of the day; the service of such food as sandwiches 1582
and salads only shall not be deemed in compliance with this 1583
requirement. Except as otherwise provided in this paragraph, no 1584
place shall qualify as a restaurant under this article unless 1585
twenty-five percent (25%) or more of the revenue derived from such 1586
place shall be from the preparation, cooking and serving of meals 1587
and not from the sale of beverages, or unless the value of food 1588
given to and consumed by customers is equal to twenty-five percent 1589
(25%) or more of total revenue; or 1590
(ii) Any privately owned business located in a 1591
building in a historic district where the district is listed in 1592
the National Register of Historic Places, where the building has a 1593
total occupancy rating of not less than one thousand (1,000) and 1594
where the business regularly utilizes ten thousand (10,000) square 1595
feet or more in the building for live entertainment, including not 1596
only the stage, lobby or area where the audience sits and/or 1597
stands, but also any other portion of the building necessary for 1598
the operation of the business, including any kitchen area, bar 1599
area, storage area and office space, but excluding any area for 1600
parking. In addition to the other requirements of this 1601
subparagraph, the business must also serve food to guests for 1602
compensation within the building and derive the majority of its 1603
revenue from event-related fees, including, but not limited to, 1604
admission fees or ticket sales to live entertainment in the 1605
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building, and from the rental of all or part of the facilities of 1606
the business in the building to another party for a specific event 1607
or function. 1608
(n) "Club" means an association or a corporation: 1609
(i) Organized or created under the laws of this 1610
state for a period of five (5) years prior to July 1, 1966; 1611
(ii) Organized not primarily for pecuniary profit 1612
but for the promotion of some common object other than the sale or 1613
consumption of alcoholic beverages; 1614
(iii) Maintained by its members through the 1615
payment of annual dues; 1616
(iv) Owning, hiring or leasing a building or space 1617
in a building of such extent and character as may be suitable and 1618
adequate for the reasonable and comfortable use and accommodation 1619
of its members and their guests; 1620
(v) The affairs and management of which are 1621
conducted by a board of directors, board of governors, executive 1622
committee, or similar governing body chosen by the members at a 1623
regular meeting held at some periodic interval; and 1624
(vi) No member, officer, agent or employee of 1625
which is paid, or directly or indirectly receives, in the form of 1626
a salary or other compensation any profit from the distribution or 1627
sale of alcoholic beverages to the club or to members or guests of 1628
the club beyond such salary or compensation as may be fixed and 1629
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voted at a proper meeting by the board of directors or other 1630
governing body out of the general revenues of the club. 1631
The department may, in its discretion, waive the five-year 1632
provision of this paragraph. In order to qualify under this 1633
paragraph, a club must file with the department, at the time of 1634
its application for a license under this article, two (2) copies 1635
of a list of the names and residences of its members and similarly 1636
file, within ten (10) days after the election of any additional 1637
member, his name and address. Each club applying for a license 1638
shall also file with the department at the time of the application 1639
a copy of its articles of association, charter of incorporation, 1640
bylaws or other instruments governing the business and affairs 1641
thereof. 1642
(o) "Qualified resort area" means any area or locality 1643
outside of the limits of incorporated municipalities in this state 1644
commonly known and accepted as a place which regularly and 1645
customarily attracts tourists, vacationists and other transients 1646
because of its historical, scenic or recreational facilities or 1647
attractions, or because of other attributes which regularly and 1648
customarily appeal to and attract tourists, vacationists and other 1649
transients in substantial numbers; however, no area or locality 1650
shall so qualify as a resort area until it has been duly and 1651
properly approved as such by the department. The department may 1652
not approve an area as a qualified resort area after July 1, 2018, 1653
if any portion of such proposed area is located within two (2) 1654
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miles of a convent or monastery that is located in a county 1655
traversed by Interstate 55 and U.S. Highway 98. A convent or 1656
monastery may waive such distance restrictions in favor of 1657
allowing approval by the department of an area as a qualified 1658
resort area. Such waiver shall be in written form from the owner, 1659
the governing body, or the appropriate officer of the convent or 1660
monastery having the authority to execute such a waiver, and the 1661
waiver shall be filed with and verified by the department before 1662
becoming effective. 1663
(i) The department may approve an area or locality 1664
outside of the limits of an incorporated municipality that is in 1665
the process of being developed as a qualified resort area if such 1666
area or locality, when developed, can reasonably be expected to 1667
meet the requisites of the definition of the term "qualified 1668
resort area." In such a case, the status of qualified resort area 1669
shall not take effect until completion of the development. 1670
(ii) The term includes any state park which is 1671
declared a resort area by the department; however, such 1672
declaration may only be initiated in a written request for resort 1673
area status made to the department by the Executive Director of 1674
the Department of Wildlife, Fisheries and Parks, and no permit for 1675
the sale of any alcoholic beverage, as defined in this article, 1676
except an on-premises retailer's permit, shall be issued for a 1677
hotel, restaurant or bed and breakfast inn in such park. 1678
(iii) The term includes: 1679
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1. The clubhouses associated with the state 1680
park golf courses at the Lefleur's Bluff State Park, the John Kyle 1681
State Park, the Percy Quin State Park and the Hugh White State 1682
Park; 1683
2. The clubhouse and associated golf course, 1684
tennis courts and related facilities and swimming pool and related 1685
facilities where the golf course, tennis courts and related 1686
facilities and swimming pool and related facilities are adjacent 1687
to one or more planned residential developments and the golf 1688
course and all such developments collectively include at least 1689
seven hundred fifty (750) acres and at least four hundred (400) 1690
residential units; 1691
3. Any facility located on property that is a 1692
game reserve with restricted access that consists of at least 1693
three thousand (3,000) contiguous acres with no public roads and 1694
that offers as a service hunts for a fee to overnight guests of 1695
the facility; 1696
4. Any facility located on federal property 1697
surrounding a lake and designated as a recreational area by the 1698
United States Army Corps of Engineers that consists of at least 1699
one thousand five hundred (1,500) acres; 1700
5. Any facility that is located in a 1701
municipality that is bordered by the Pearl River, traversed by 1702
Mississippi Highway 25, adjacent to the boundaries of the Jackson 1703
International Airport and is located in a county which has voted 1704
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against coming out from under the dry law; however, any such 1705
facility may only be located in areas designated by the governing 1706
authorities of such municipality; 1707
6. Any municipality with a population in 1708
excess of ten thousand (10,000) according to the latest federal 1709
decennial census that is located in a county that is bordered by 1710
the Pearl River and is not traversed by Interstate Highway 20, 1711
with a population in excess of forty-five thousand (45,000) 1712
according to the latest federal decennial census; 1713
7. The West Pearl Restaurant Tax District as 1714
defined in Chapter 912, Local and Private Laws of 2007; 1715
8. a. Land that is located in any county in 1716
which Mississippi Highway 43 and Mississippi Highway 25 intersect 1717
and: 1718
A. Owned by the Pearl River Valley 1719
Water Supply District, and/or 1720
B. Located within the Reservoir 1721
Community District, zoned commercial, east of Old Fannin Road, 1722
north of Regatta Drive, south of Spillway Road, west of Hugh Ward 1723
Boulevard and accessible by Old Fannin Road, Spillway Road, Spann 1724
Drive and/or Lake Vista Place, and/or 1725
C. Located within the Reservoir 1726
Community District, zoned commercial, west of Old Fannin Road, 1727
south of Spillway Road and extending to the boundary of the 1728
corporate limits of the City of Flowood, Mississippi; 1729
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b. The board of supervisors of such 1730
county, with respect to B and C of item 8.a., may by resolution or 1731
other order: 1732
A. Specify the hours of operation 1733
of facilities that offer alcoholic beverages for sale, 1734
B. Specify the percentage of 1735
revenue that facilities that offer alcoholic beverages for sale 1736
must derive from the preparation, cooking and serving of meals and 1737
not from the sale of beverages, and 1738
C. Designate the areas in which 1739
facilities that offer alcoholic beverages for sale may be located; 1740
9. Any facility located on property that is a 1741
game reserve with restricted access that consists of at least 1742
eight hundred (800) contiguous acres with no public roads, that 1743
offers as a service hunts for a fee to overnight guests of the 1744
facility, and has accommodations for at least fifty (50) overnight 1745
guests; 1746
10. Any facility that: 1747
a. Consists of at least six thousand 1748
(6,000) square feet being heated and cooled along with an 1749
additional adjacent area that consists of at least two thousand 1750
two hundred (2,200) square feet regardless of whether heated and 1751
cooled, 1752
b. For a fee is used to host events such 1753
as weddings, reunions and conventions, 1754
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c. Provides lodging accommodations 1755
regardless of whether part of the facility and/or located adjacent 1756
to or in close proximity to the facility, and 1757
d. Is located on property that consists 1758
of at least thirty (30) contiguous acres; 1759
11. Any facility and related property: 1760
a. Located on property that consists of 1761
at least one hundred twenty-five (125) contiguous acres and 1762
consisting of an eighteen-hole golf course, and/or located in a 1763
facility that consists of at least eight thousand (8,000) square 1764
feet being heated and cooled, 1765
b. Used for the purpose of providing 1766
meals and hosting events, and 1767
c. Used for the purpose of teaching 1768
culinary arts courses and/or turf management and grounds keeping 1769
courses, and/or outdoor recreation and leadership courses; 1770
12. Any facility and related property that: 1771
a. Consist of at least eight thousand 1772
(8,000) square feet being heated and cooled, 1773
b. For a fee is used to host events, 1774
c. Is used for the purpose of culinary 1775
arts courses, and/or live entertainment courses and art 1776
performances, and/or outdoor recreation and leadership courses; 1777
13. The clubhouse and associated golf course 1778
where the golf course is adjacent to one or more residential 1779
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developments and the golf course and all such developments 1780
collectively include at least two hundred (200) acres and at least 1781
one hundred fifty (150) residential units and are located a. in a 1782
county that has voted against coming out from under the dry law; 1783
and b. outside of but in close proximity to a municipality in such 1784
county which has voted under Section 67-1-14, after January 1, 1785
2013, to come out from under the dry law; 1786
14. The clubhouse and associated 1787
eighteen-hole golf course located in a municipality traversed by 1788
Interstate Highway 55 and U.S. Highway 51 that has voted to come 1789
out from under the dry law; 1790
15. a. Land that is planned for mixed-use 1791
development and consists of at least two hundred (200) contiguous 1792
acres with one or more planned residential developments 1793
collectively planned to include at least two hundred (200) 1794
residential units when completed, and also including a facility 1795
that consists of at least four thousand (4,000) square feet that 1796
is not part of such land but is located adjacent to or in close 1797
proximity thereto, and in addition, also including land located 1798
and beginning outside of and adjacent to the south boundary of the 1799
corporate limits of a municipality on South Montgomery Street and 1800
running approximately one (1) mile west outside of and along such 1801
corporate limits, then running in a straight line parallel to 1802
South Montgomery Street south to Poor House Road, then running 1803
east along Poor House Road to South Montgomery Street, and then 1804
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running north along South Montgomery Street back to the point of 1805
beginning, and which land is located: 1806
A. In a county that has voted to 1807
come out from under the dry law, 1808
B. Outside the corporate limits of 1809
any municipality in such county and adjacent to or in close 1810
proximity to a golf course located in a municipality in such 1811
county, and 1812
C. Within one (1) mile of a state 1813
institution of higher learning; 1814
b. The board of supervisors of such 1815
county may by resolution or other order: 1816
A. Specify the hours of operation 1817
of facilities that offer alcoholic beverages for sale, 1818
B. Specify the percentage of 1819
revenue that facilities that offer alcoholic beverages for sale 1820
must derive from the preparation, cooking and serving of meals and 1821
not from the sale of beverages, and 1822
C. Designate the areas in which 1823
facilities that offer alcoholic beverages for sale may be located; 1824
16. Any facility with a capacity of five 1825
hundred (500) people or more, to be used as a venue for private 1826
events, on a tract of land in the Southwest Quarter of Section 33, 1827
Township 2 South, Range 7 East, of a county where U.S. Highway 45 1828
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and U.S. Highway 72 intersect and that has not voted to come out 1829
from under the dry law; 1830
17. One hundred five (105) contiguous acres, 1831
more or less, located in Hinds County, Mississippi, and in the 1832
City of Jackson, Mississippi, whereon are constructed a variety of 1833
buildings, improvements, grounds or objects for the purpose of 1834
holding events thereon to promote agricultural and industrial 1835
development in Mississippi; 1836
18. Land that is owned by a state institution 1837
of higher learning, land that is owned by an entity that is bound 1838
by an affiliation agreement with a state institution of higher 1839
learning, or land that is owned by one or more other entities so 1840
long as such other entities are solely owned, either directly or 1841
through additional entities, by an institution of higher learning 1842
and/or one or more entities bound by affiliation agreements with 1843
such institution, and: 1844
a. Located entirely within a county that 1845
has elected by majority vote not to permit the transportation, 1846
storage, sale, distribution, receipt and/or manufacture of light 1847
wine and beer pursuant to Section 67-3-7; and 1848
b. A. Located adjacent to but outside 1849
the incorporated limits of a municipality that has elected by 1850
majority vote to permit the sale, receipt, storage and 1851
transportation of light wine and beer pursuant to Section 67-3-9; 1852
or 1853
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B. Located in an area bounded on 1854
the north by College View Drive, on the east by Mississippi 1855
Highway 12 East, on the south by Mississippi Highway 12 East, on 1856
the west by Mill Street, on the north by Russell Street, then on 1857
the west by Colonel Muldrow Avenue, on the north by University 1858
Drive, on the west by Adkerson Way within a municipality through 1859
which run Mississippi Highway 25, Mississippi Highway 12 and U.S. 1860
Highway 82. 1861
If any portion of the land described in this item 18 has been 1862
declared a qualified resort area by the department before July 1, 1863
2020, then that qualified resort area shall be incorporated into 1864
the qualified resort area created by this item 18; 1865
19. Any facility and related property: 1866
a. Used as a flea market or similar 1867
venue during a weekend (Saturday and Sunday) immediately preceding 1868
the first Monday of a month and having an annual average of at 1869
least one thousand (1,000) visitors for each such weekend and five 1870
hundred (500) vendors for Saturday of each such weekend, and 1871
b. Located in a county that has not 1872
voted to come out from under the dry law and outside of but in 1873
close proximity to a municipality located in such county and which 1874
municipality has voted to come out from under the dry law; 1875
20. Blocks 1, 2 and 3 of the original town 1876
square in any municipality with a population in excess of one 1877
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thousand five hundred (1,500) according to the latest federal 1878
decennial census and which is located in: 1879
a. A county traversed by Interstate 55 1880
and Interstate 20, and 1881
b. A judicial district that has not 1882
voted to come out from under the dry law; 1883
21. Any municipality with a population in 1884
excess of two thousand (2,000) according to the latest federal 1885
decennial census and in which is located a part of White's Creek 1886
Lake and in which U.S. Highway 82 intersects with Mississippi 1887
Highway 9 and located in a county that is partially bordered on 1888
one (1) side by the Big Black River; 1889
22. A restaurant located on a two-acre tract 1890
adjacent to a five-hundred-fifty-acre lake in the northeast corner 1891
of a county traversed by U.S. Interstate 55 and U.S. Highway 84; 1892
23. Any tracts of land in Oktibbeha County, 1893
situated north of Bailey Howell Drive, Lee Boulevard and Old 1894
Mayhew Road, east of George Perry Street and south of Mississippi 1895
Highway 182, and not located on the property of a state 1896
institution of higher learning; however, the board of supervisors 1897
of such county may by resolution or other order: 1898
a. Specify the hours of operation of 1899
facilities that offer alcoholic beverages for sale; 1900
b. Specify the percentage of revenue 1901
that facilities that offer alcoholic beverages for sale must 1902
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derive from the preparation, cooking and serving of meals and not 1903
from the sale of beverages; and 1904
c. Designate the areas in which 1905
facilities that offer alcoholic beverages for sale may be located; 1906
24. A municipality in which Mississippi 1907
Highway 27 and Mississippi Highway 28 intersect; 1908
25. A municipality through which run 1909
Mississippi Highway 35 and Interstate 20; 1910
26. A municipality in which Mississippi 1911
Highway 16 and Mississippi Highway 35 intersect; 1912
27. A municipality in which U.S. Highway 82 1913
and Old Highway 61 intersect; 1914
28. A municipality in which Mississippi 1915
Highway 8 meets Mississippi Highway 1; 1916
29. A municipality in which U.S. Highway 82 1917
and Mississippi Highway 1 intersect; 1918
30. A municipality in which Mississippi 1919
Highway 50 meets Mississippi Highway 9; 1920
31. An area bounded on the north by Pearl 1921
Street, on the east by West Street, on the south by Court Street 1922
and on the west by Farish Street, within a municipality bordered 1923
on the east by the Pearl River and through which run Interstate 20 1924
and Interstate 55; 1925
32. Any facility and related property that: 1926
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a. Is contracted for mixed-use 1927
development improvements consisting of office and residential 1928
space and a restaurant and lounge, partially occupying the 1929
renovated space of a four-story commercial building which 1930
previously served as a financial institution; and adjacent 1931
property to the west consisting of a single-story office building 1932
that was originally occupied by the Brotherhood of Carpenters and 1933
Joiners of American Local Number 569; and 1934
b. Is situated on a tract of land 1935
consisting of approximately one and one-tenth (1.10) acres, and 1936
the adjacent property to the west consisting of approximately 0.5 1937
acres, located in a municipality which is the seat of county 1938
government, situated south of Interstate 10, traversed by U.S. 1939
Highway 90, partially bordered on one (1) side by the Pascagoula 1940
River and having its most southern boundary bordered by the Gulf 1941
of Mexico, with a population greater than twenty-two thousand 1942
(22,000) according to the 2010 federal decennial census; however, 1943
the governing authorities of such a municipality may by ordinance: 1944
A. Specify the hours of operation 1945
of facilities that offer alcoholic beverages for sale; 1946
B. Specify the percentage of 1947
revenue that facilities that offer alcoholic beverages for sale 1948
must derive from the preparation, cooking and serving of meals and 1949
not from the sale of beverages; and 1950
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C. Designate the areas within the 1951
facilities in which alcoholic beverages may be offered for sale; 1952
33. Any facility with a maximum capacity of 1953
one hundred twenty (120) people that consists of at least three 1954
thousand (3,000) square feet being heated and cooled, has a 1955
commercial kitchen, has a pavilion that consists of at least nine 1956
thousand (9,000) square feet and is located on land more 1957
particularly described as follows: 1958
All that part of the East Half of the Northwest Quarter of 1959
Section 21, Township 7 South, Range 4 East, Union County, 1960
Mississippi, that lies South of Mississippi State Highway 348 1961
right-of-way and containing 19.48 acres, more or less. 1962
ALSO, 1963
The Northeast 38 acres of the Southwest Quarter of Section 1964
21, Township 7 South, Range 4 East, Union County, Mississippi. 1965
ALSO, 1966
The South 81 1/2 acres of the Southwest Quarter of Section 1967
21, Township 7 South, Range 4 East, Union County, Mississippi; 1968
34. A municipality in which U.S. Highway 51 1969
and Mississippi Highway 16 intersect; 1970
35. A municipality in which Interstate 20 1971
passes over Mississippi Highway 15; 1972
36. Any municipality that is bordered in its 1973
northwestern boundary by the Pearl River, traversed by U.S. 1974
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Highway 49 and Interstate 20, and is located in a county which has 1975
voted against coming out from under the dry law; 1976
37. A municipality in which Mississippi 1977
Highway 28 and Mississippi Highway 29 North intersect; 1978
38. An area bounded as follows within a 1979
municipality through which run Interstate 22 and Mississippi 1980
Highway 15: Beginning at a point at the intersection of Bankhead 1981
Street and Tallahatchie Trails; then running to a point at the 1982
intersection of Tallahatchie Trails and Interstate 22; then 1983
running to a point at the intersection of Interstate 22 and Carter 1984
Avenue; then running to a point at the intersection of Carter 1985
Avenue and Camp Avenue; then running to a point at the 1986
intersection of Camp Avenue and King Street; then running to a 1987
point at the intersection of King Street and E. Main Street; then 1988
running to a point at the intersection of E. Main Street and Camp 1989
Avenue; then running to a point at the intersection of Camp Avenue 1990
and Highland Street; then running to a point at the intersection 1991
of Highland Street and Adams Street; then running to a point at 1992
the intersection of Adams Street and Cleveland Street; then 1993
running to a point at the intersection of Cleveland Street and N. 1994
Railroad Avenue; then running to a point at the intersection of N. 1995
Railroad Avenue and McGill Street; then running to a point at the 1996
intersection of McGill Street and Snyder Street; then running to a 1997
point at the intersection of Snyder Street and Bankhead Street; 1998
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then running to a point at the intersection of Bankhead Street and 1999
Tallahatchie Trails and the point of the beginning; 2000
39. A municipality through which run 2001
Mississippi Highway 43 and U.S. Highway 80; 2002
40. The coliseum in a municipality in which 2003
U.S. Highway 72 passes over U.S. Highway 45; 2004
41. A piece of property on the northeast 2005
corner of the T-intersection where Builders Square Drive meets 2006
Mississippi Highway 471; 2007
42. The clubhouse and associated golf course, 2008
tennis courts and related facilities and swimming pool and related 2009
facilities located on Oaks Country Club Road less than one-half 2010
(1/2) mile to the east of Mississippi Highway 15; 2011
43. Any facility located on land more 2012
particularly described as follows: 2013
The East Half (E 1/2) of the Southwest Quarter (SW 1/4) of 2014
Section 15, Township 3 North, Range 2 East; a 4 acre parcel in the 2015
Southwest Corner of the Southwest Quarter (SW 1/4) of the 2016
Southeast Quarter (SE 1/4), Section 15, Township 3 North, Range 2 2017
East, running 210 feet east and west and 840 feet running north 2018
and south; the Northeast Quarter (NE 1/4) of the Northwest Quarter 2019
(NW 1/4) of Section 22, Township 3 North, Range 2 East, all in 2020
Rankin County, Mississippi; 2021
44. Any facility located on land more 2022
particularly described as follows: 2023
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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Beginning at a point 1915 feet west and 2171 feet north of 2024
southeast corner, Section 11, Township 24 North, Range 2 West, 2025
Second Judicial District, Tallahatchie County, Mississippi, which 2026
point is the southwest corner of J.C. Section Lot mentioned in 2027
deed recorded in Book 50, page 34, in the records of the Chancery 2028
Clerk's Office at Sumner, in said District of said County; thence 2029
South 80° West, 19 feet to the east boundary of United States 2030
Highway 49-E, thence East along the east boundary of said Highway 2031
270 feet to point of beginning of Lot to be conveyed; thence 2032
southeast along the east boundary of said Highway 204 feet to a 2033
concrete post at the intersection of the east boundary of said 2034
Highway with the west boundary of gravel road from Sumner to Webb, 2035
known as Oil Mill Road, thence Northwest along west boundary of 2036
said Oil Mill Road 194 feet to center of driveway running 2037
southwest from said Oil Mill Road to U.S. Highway 49-E; thence 2038
South 66° West along center of said driveway 128 feet to point of 2039
beginning, being situated in Northwest Quarter of Southeast 2040
Quarter of Section 11, together with all improvements situated 2041
thereon; 2042
45. Any facility that: 2043
a. Consists of at least five thousand 2044
six hundred (5,600) square feet being heated and cooled along with 2045
a lakeside patio that consists of at least two thousand two 2046
hundred (2,200) square feet, regardless of whether such patio is 2047
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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part of the facility and/or located adjacent to or in close 2048
proximity to the facility; 2049
b. Includes a caterer's kitchen and 2050
green room for entertainment preparation; 2051
c. For a fee is used to host events; and 2052
d. Is located adjacent to or in close 2053
proximity to an approximately nine-acre lake on property that 2054
consists of at least one hundred twenty (120) acres in a county 2055
traversed by Mississippi Highway 15 and U.S. Highway 278; 2056
46. Any municipality with a population in 2057
excess of one thousand (1,000) according to the 2010 federal 2058
decennial census and which is located in a county that is 2059
traversed by U.S. Highways 84 and 98 and has not voted to come out 2060
from under the dry law; 2061
47. The clubhouse and associated nine-hole 2062
golf course, tennis courts and related facilities and swimming 2063
pool and related facilities located on or near U.S. Highway 82 2064
between Mississippi Highway 15 and Mississippi Highway 9; 2065
48. The downtown square area bound by East 2066
Service Drive, Commerce Street, Second Street and Court Street and 2067
adjacent properties in a municipality through which run Interstate 2068
55, U.S. Highway 51 and Mississippi Highway 306; 2069
49. All parcels zoned for mixed-use 2070
development located west of Mississippi Highway 589, more than 2071
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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four hundred (400) feet north of Old Highway 24, east of 2072
Parkers Creek and Black Creek, and south of J M Burge Road; 2073
50. Any facility used by a soccer club and 2074
located on Old Highway 11 between one-tenth (0.1) and two-tenths 2075
(0.2) of a mile from its intersection with Oak Grove Road, in a 2076
county in which U.S. Highway 98 and Mississippi Highway 589 2077
intersect; 2078
51. Any municipality in which U.S. Highway 49 2079
and Mississippi Highway 469 intersect; 2080
52. Any facility that is: 2081
a. Owned by a Veterans of Foreign Wars 2082
(VFW) organization that is a nonprofit corporation and registered 2083
with the Mississippi Secretary of State; 2084
b. Used by such organization for its 2085
headquarters and other organization related purposes; and 2086
c. Located outside of a municipality in 2087
a county that has not voted to come out from under the dry law; 2088
53. The following within a municipality in 2089
which U.S. Highway 49 and U.S. 61 Highway intersect and through 2090
which flows the Sunflower River: 2091
a. An area bounded as follows: Starting 2092
at the southern point of the intersection of Sunflower Avenue and 2093
1st Street and going south along said avenue on its eastern side 2094
to 8th Street, then going east along said street on its northern 2095
side to West Tallahatchie Street, then going north along said 2096
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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street on its western side to 4th Street/Martin Luther King 2097
Boulevard, then going east along said street/boulevard on its 2098
northern side to Desoto Avenue, then going north along said avenue 2099
on its western side to 1st Street, then going west along said 2100
street on its southern side to the point of beginning along the 2101
southern side of Court Street; 2102
b. Lots located at or near the 2103
intersection of Madison Avenue, Walnut Street, and Riverside 2104
Avenue that are in a commercial zone; and 2105
c. Any facility located on the west side 2106
of Sunflower Avenue to the Sunflower River between the southern 2107
side of 6th Street and the northern side of 8th Street and which 2108
is operated as and/or was operated as a hotel or lodging facility, 2109
in consideration of payment, regardless of whether the facility 2110
meets the criteria for the definition of the term "hotel" in 2111
paragraph (l) of this section; and 2112
d. Any facility located on the west side 2113
of Sunflower Avenue to the Sunflower River between the southern 2114
side of 3rd Street and the northern side of 4th Street/Martin 2115
Luther King Boulevard and which is operated as and/or was operated 2116
as a musical venue, in consideration of payment; 2117
54. Any municipality in which Mississippi 2118
Highway 340 meets Mississippi Highway 15; 2119
55. Any municipality in which Mississippi 2120
Highway 540 and Mississippi Highway 149 intersect; 2121
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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56. Any municipality in which Mississippi 2122
Highway 15 and Mississippi Highway 345/Main Street intersect; 2123
57. The property and structures thereon at 2124
the following locations within a municipality through which run 2125
U.S. Highway 45 and Mississippi Highway 145 and in which 2126
Mississippi Highway 370 and Mississippi Highway 145 intersect: 2127
104 West Main Street, 106 West Main Street, 108 West Main Street, 2128
110 West Main Street and 112 West Main Street; 2129
58. Any municipality in which U.S. Highway 11 2130
and Main Street intersect and which is located in a county having 2131
two (2) judicial districts; 2132
59. Any municipality in which Interstate 22 2133
passes over Mississippi Highway 9; 2134
60. Any facility located on land more 2135
particularly described as follows: 2136
A certain parcel of land being situated in the Southeast 1/4 2137
of the Northeast 1/4 of Section 9, T3N-R3E, Rankin County, 2138
Mississippi, and being more particularly described as follows: 2139
Commence at an existing 1/2" iron pin marking the Southwest 2140
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 2141
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 2142
seconds East along the East line of the Southeast 1/4 of the 2143
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 2144
iron pin; leaving said East line of the Southeast 1/4 of the 2145
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 2146
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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East for a distance of 2.08 feet to an existing 1/2" iron pin; run 2147
thence North 00 degrees 22 minutes 19 seconds East for a distance 2148
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 2149
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 2150
a set 1/2" iron pin marking the POINT OF BEGINNING of the parcel 2151
of land herein described; from said POINT OF BEGINNING, continue 2152
thence North 00 degrees 16 minutes 18 seconds East along an 2153
existing fence for a distance of 493.27 feet to an existing 1/2" 2154
iron pin; run thence North 03 degrees 08 minutes 15 seconds East 2155
for a distance of 170.22 feet to an existing 1/2" iron pin on the 2156
North line of the aforesaid Southeast 1/4 of the Northeast 1/4 of 2157
Section 9; run thence North 89 degrees 46 minutes 45 seconds East 2158
along said North line of the Southeast 1/4 of the Northeast 1/4 of 2159
Section 9 for a distance of 1,305.51 feet to an existing 1/2" iron 2160
pin marking Northeast corner thereof; leaving said North line of 2161
the Southeast 1/4 of the Northeast 1/4 of Section 9, run thence 2162
South 00 degrees 08 minutes 35 seconds West along the East line of 2163
said Southeast 1/4 of the Northeast 1/4 of Section 9 for a 2164
distance of 663.19 feet to a set 1/2" iron pin; leaving said East 2165
line of the Southeast 1/4 of the Northeast 1/4 of Section 9, run 2166
thence South 89 degrees 46 minutes 45 seconds West for a distance 2167
of 1,315.51 feet to the POINT OF BEGINNING, containing 20.00 2168
acres, more or less. 2169
And Also: An easement for the purpose of ingress and egress 2170
being situated in the Southeast 1/4 of the Northeast 1/4 and in 2171
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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the Northeast 1/4 of the Southeast 1/4 of Section 9, T3N-R3E, 2172
Rankin County, Mississippi, and being more particularly described 2173
as follows: 2174
Begin at an existing 1/2" iron pin marking the Southwest 2175
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 2176
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 2177
seconds East along the East line of the Southeast 1/4 of the 2178
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 2179
iron pin; leaving said East line of the Southeast 1/4 of the 2180
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 2181
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 2182
thence North 00 degrees 22 minutes 19 seconds East for a distance 2183
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 2184
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 2185
a set 1/2" iron pin; run thence North 89 degrees 46 minutes 45 2186
seconds East for a distance of 25.00 feet to a set 1/2" iron pin; 2187
run thence South 00 degrees 16 minutes 18 seconds West for a 2188
distance of 76.66 feet to a set 1/2" iron pin; run thence South 00 2189
degrees 22 minutes 19 seconds West for a distance of 619.81 feet 2190
to a set 1/2" iron pin; run thence South 89 degrees 43 minutes 01 2191
seconds West for a distance of 26.81 feet to a set 1/2" iron pin; 2192
run thence North 00 degrees 06 minutes 13 seconds East along the 2193
West line of the aforesaid Northeast 1/4 of the Southeast 1/4 of 2194
Section 9 for a distance of 25.00 feet to the POINT OF BEGINNING, 2195
containing 17,525.4 square feet, more or less. 2196
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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61. Any municipality bordered on the east by 2197
the Pascagoula River and on the south by the Mississippi Sound; 2198
62. The property and structures thereon 2199
located at parcel numbers 4969 198 000; 4969 200 000; 4969 201 2200
000; 4969 206 000; 4969 207 000; 4969 208 000; 4969 218 000; 4969 2201
199; 4969 204 000 and 4969 204 001, all in Block 4 of the original 2202
town square in any municipality with a population in excess of one 2203
thousand five hundred (1,500) according to the latest federal 2204
decennial census and which is located in: 2205
a. A county traversed by Interstate 55 2206
and Interstate 20, and 2207
b. A judicial district that has not 2208
voted to come out from under the dry law; 2209
63. Any municipality in which Mississippi 2210
Highway 12 meets Mississippi Highway 17; 2211
64. Any municipality in which U.S. Highway 49 2212
and Mississippi Highway 469 intersect; 2213
65. The clubhouse and associated nine-hole 2214
golf course and related facilities located on or near the eastern 2215
corner of the point at which Golf Course Road meets Athens Road, 2216
in a county in which Mississippi Highway 13 and Mississippi 2217
Highway 28 intersect, with GPS coordinates of approximately 2218
31.900370078041004, -89.7928067652611; 2219
66. Any facility located at the 2220
south-to-southwest corner of the intersection of Madison Street 2221
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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and Bolton Brownsville Road, in a municipality in which Bolton 2222
Brownsville Road passes over Interstate 20, with GPS coordinates 2223
of approximately 32.349067271758955, -90.4596221146197; 2224
67. Any facility located at the northwest 2225
corner of the intersection of Depot Street and Madison Street, in 2226
a municipality in which Bolton Brownsville Road passes over 2227
Interstate 20, with GPS coordinates of approximately 2228
32.34903152971068, -90.46047660172901; 2229
68. Any facility located on Hinds Boulevard 2230
approximately three-tenths (0.3) of a mile south of the point at 2231
which Hinds Boulevard diverges from Clinton Road, in a 2232
municipality whose northern boundary partially consists of Snake 2233
Creek Road, and whose southern boundary partially consists of 2234
Mississippi Highway 18, with GPS coordinates of approximately 2235
32.26384517526713, -90.41586570183475; 2236
69. Any facility located on Pleasant Grove 2237
Drive approximately one and three-tenths (1.3) miles southeast of 2238
its intersection with Harmony Drive, in a county through which run 2239
Interstate 55 and U.S. Highway 84, with GPS coordinates of 2240
approximately 31.512043770371907, -90.2506094382595; 2241
70. Any facility located immediately north of 2242
the intersection of two roads, both named Mason Clark Drive, 2243
located between two-tenths (0.2) and three-tenths (0.3) of a mile 2244
southwest of Mississippi Highway 57/63, with GPS coordinates of 2245
approximately 31.135950529733048, -88.53068674585575; 2246
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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71. Any facility located on Raj Road 2247
approximately three-tenths (0.3) of a mile south of Mississippi 2248
Highway 57/63, with GPS coordinates of approximately 2249
31.139553708288418, -88.53411203512971; 2250
72. Any facility located on Raj Road 2251
approximately one-tenth (0.1) of a mile south of Mississippi 2252
Highway 57/63, with GPS coordinates of approximately 2253
31.14184097577295, -88.53287700849411; 2254
73. Any municipality through which run U.S. 2255
Highway 45 and Mississippi Highway 145 and in which Mississippi 2256
Highway 370 and Mississippi Highway 145 intersect; however, this 2257
designation as a qualified resort area shall only apply to the 2258
portion of such municipality which is located in a county that has 2259
not voted to come out from under the dry law; 2260
74. A municipality through which runs a 2261
portion of the Tanglefoot Trail and in which Mississippi Highway 2262
32 and East Front Street intersect; 2263
75. Lot Three (3) in Block One Hundred 2264
Seventy-eight (178) of the D.H. McInnis First Survey, sometimes 2265
referred to as D.H. McInnis Railroad Addition, to the City of 2266
Hattiesburg, the said lot having a frontage of thirty (30) feet on 2267
the Eastern side of Front Street and extending back between 2268
parallel lines ninety (90) feet to an alley, and being located in 2269
the Northwest Quarter of Section 10, Township 4 North, Range 13 2270
West, Forrest County, Mississippi; 2271
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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76. An area of land in George County of 2272
approximately eight and five hundredths (8.05) acres, bordered on 2273
the east and northeast by Brushy Creek, on the northwest by Brushy 2274
Creek Road, on the west by Beaver Creek Road, and on the south by 2275
a property boundary running east and west; 2276
77. A municipality in which Mississippi 2277
Highway 15 intersects with Webster Street, and in which Webster 2278
Street splits into Mill Street and Maben Starkville Road; 2279
78. A municipality in which Mississippi 2280
Highway 492 meets Mississippi Highway 35; 2281
79. A facility operating as an event venue 2282
and located on Mississippi Highway 589, with GPS coordinates of 2283
approximately 31.36730, -89.50548; 2284
80. An area situated in the SW 1/4 of Section 2285
12, T7N-R2E, Madison County, Mississippi, and commencing at the 2286
point on the Ross Barnett Reservoir directly east of the 2287
intersection of North Natchez Street and Louisiana Street, then go 2288
west on Louisiana Street to the intersection of Louisiana Street 2289
and Andrew Jackson Street, then west on Andrew Jackson Street to 2290
the intersection of Andrew Jackson Street and Choctaw Street, then 2291
north on Choctaw Street to the intersection of Choctaw Street and 2292
Republic Street, then west on Republic Street to the intersection 2293
of Republic Street and Port Street, then north on Port Street to 2294
the Natchez Trace right-of-way, then east on the Natchez Trace 2295
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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right-of-way to the Ross Barnett Reservoir, then following the 2296
Ross Barnett Reservoir south back to the point of beginning; 2297
81. Any facility located on land more 2298
particularly described as follows: 2299
Commencing at a fence corner at the Northeast corner of 2300
Section 34, Township 6 South, Range 3 East, Union County, 2301
Mississippi, for the point of beginning; thence run South 00 2302
degrees 31 minutes 39 seconds East, along the Section line, a 2303
distance of 161.83 feet to a one-half inch iron pin, thence North 2304
88 degrees 20 minutes 48 seconds West, along a fence, a distance 2305
of 1221.09 feet to a one-half iron pin, thence South 09 degrees 45 2306
minutes 37 seconds West, along a fence, a distance of 61.49 feet 2307
to a one-half inch iron pin, thence North 84 degrees l8 minutes 01 2308
seconds West, along a fence, (passing through a one-half inch iron 2309
pin at 196.83 feet) a distance of 234.62 feet to a mag-nail on the 2310
centerline of Union County Road No. 137, thence North 11 degrees 2311
00 minutes 29 seconds East a distance of 187.87 feet to a one-half 2312
inch iron pin on the West edge of said road, thence North 29 2313
degrees 41 minutes 28 seconds East a distance of 59.28 feet to a 2314
point on the centerline of said road, thence South 89 degrees 13 2315
minutes 02 seconds East (passing through a one-half inch iron pin 2316
at 30.0 feet) along the South line of the Bernard Whiteside 2317
property as recorded in Deed Book 117, Pages 517-518 and Deed Book 2318
214, page 109, a distance of 646.07 feet to a concrete monument, 2319
thence South 89 degrees 13 minutes 02 seconds East a distance of 2320
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751.31 feet to a one-half inch iron pin, thence South 00 degrees 2321
31 minutes 39 seconds East, along the aforesaid Section line, a 2322
distance of 52.93 feet to the point of beginning, said tract lying 2323
in the Southeast Quarter of Section 27, and the Northeast Quarter 2324
of Section 34, Township 6 South, Range 3 East and containing 6.99 2325
acres. 2326
Subject to a perpetual all purpose non-exclusive easement for 2327
ingress, egress and public utilities together the right to enter 2328
upon the above described property and do any and all work 2329
necessary to build, repair and maintain a roadway or well or 2330
install public utilities all over upon and across the following 2331
described property: 2332
A 25.0 foot easement for ingress and egress, being 12.5 feet 2333
to the right and 12.5 feet to the left of the following described 2334
centerline: Commencing at a fence corner at the Northeast corner 2335
of Section 34, Township 6 South, Range 3 East, Union County, 2336
Mississippi, thence run South 00 degrees 31 minutes 39 seconds 2337
East, along the Section line, a distance of 149.33 feet to the 2338
point of beginning; thence North 88 degrees 20 minutes 48 seconds 2339
West a distance of 1231.46 feet to a point, thence South 09 2340
degrees 45 minutes 37 seconds West a distance of 61.49 feet to a 2341
point, thence North 84 degrees 18 minutes 01 seconds West a 2342
distance of 221.82 feet to a point on the centerline of Union 2343
County Road #137, said tract lying in the Northeast Quarter of 2344
Section 34, Township 6 South, Range 3 East; 2345
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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82. A country club located: 2346
a. In a county in which Mississippi 2347
Highway 15 and Mississippi Highway 16 intersect and which county 2348
has not voted to come out from under the dry law, and 2349
b. Outside the corporate limits of any 2350
municipality in such county and within one (1) mile of the 2351
corporate limits of a municipality that is the county seat of such 2352
county; 2353
83. Any facility located on North Jackson 2354
Street in a municipality through which run Mississippi Highway 8 2355
and Mississippi Highway 15, with GPS coordinates of approximately 2356
33.913692, -89.005219; 2357
84. Any facility located on North Jackson 2358
Street in a municipality through which run Mississippi Highway 8 2359
and Mississippi Highway 15, with GPS coordinates of approximately 2360
33.905581, -89.00200; 2361
85. Any facility located on land more 2362
particularly described as follows: 2363
Commencing at the Southeast corner of Section 4, Township 2364
6 South, Range 18 West, Pearl River County, Mississippi; 2365
thence West 1310.00 feet to a T-bar; thence North 745.84 feet; 2366
thence East 132.00 feet to a 1" iron pipe; thence North 83.61 2367
feet for the Point of Beginning; thence South 79 degrees 02 2368
minutes 61 seconds West 248.28 feet; thence West 76.35 feet; 2369
thence North 20 degrees 00 minutes 00 seconds West 185.54 2370
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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feet; thence North 52 degrees 43 minutes 14 seconds East 365.98 2371
feet to a 1" iron pipe on the West margin of Henry Smith Road, 2372
a gravel/paved, public road; thence along said margin South 17 2373
degrees 59 minutes 13 seconds East 299.09 feet; thence South 2374
64.39 feet to the Point of Beginning. This parcel containing 2375
2.19 acres and being a part of the East 1/2 of Section 4, 2376
Township 6 South, Range 18 West, Pearl River County, 2377
Mississippi. 2378
INDEXING: BEING A PART OF THE EAST 1/2 OF SECTION 4, 2379
TOWNSHIP 6 SOUTH, RANGE 18 WEST, PEARL RIVER COUNTY, 2380
MISSISSIPPI; 2381
86. Any facility located on land in a county 2382
through which run Mississippi Highway 25 and U.S. Highway 82 and 2383
more particularly described as follows: Beginning at a point with 2384
GPS coordinates of approximately 33.331869, -88.715054; then 2385
running in a straight line to a point with GPS coordinates of 2386
approximately 33.336207, -88.713453; then running in a straight 2387
line to a point with GPS coordinates of approximately 33.335369, 2388
-88.709835; then running in a straight line to a point with GPS 2389
coordinates of approximately 33.330870, -88.711496; then running 2390
in a straight line to a point with GPS coordinates of 2391
approximately 33.331869, -88.715054 and the point of the 2392
beginning; 2393
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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87. Any facility located on land that is 2394
owned by a community college that is located in a county through 2395
which run U.S. Highway 51 and Mississippi Highway 4; 2396
88. Any facility located on Mississippi 2397
Highway 23/178 in a municipality in which Mississippi Highway 2398
23/178 and Stone Drive intersect, with GPS coordinates of 2399
approximately 34.235269, -88.262409; 2400
89. Any facility located on U.S. Highway 51 2401
in a municipality through which run Interstate 55, U.S. Highway 51 2402
and the Natchez Trace Parkway, with GPS coordinates of 2403
approximately 32.42042°N, 90.13473°W; 2404
90. Any facility located on Mullican Road in 2405
a county through which run U.S. Highway 84 and Interstate 59, 2406
with GPS coordinates of approximately 31.73395N, 89.18186W; 2407
91. Any facility located on land in a county 2408
through which run Mississippi Highway 25 and U.S. Highway 82 and 2409
more particularly described as follows: Beginning at a point with 2410
GPS coordinates of approximately 33.37391, -88.80645; then running 2411
in a straight line to a point with GPS coordinates of 2412
approximately 33.37391, -88.79972; then running in a straight line 2413
to a point with GPS coordinates of approximately 33.36672, 2414
-88.80644; then running in a straight line to a point with GPS 2415
coordinates of approximately 33.36674, -88.79971; then running in 2416
a straight line to a point with GPS coordinates of approximately 2417
33.37391, -88.80645 and the point of the beginning; 2418
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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92. Any facility located on land more 2419
particularly described as follows: 2420
All that part of the South half (S 1/2) of the SE 1/4 of NE 2421
1/4 of Section 14, Township 4 North, Range 15 West, lying and 2422
being West of State Highway No. 589, containing one (1) acre, more 2423
or less. 2424
LESS AND EXCEPT: 2425
Begin at the point of intersection of the North line of the 2426
South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 14, 2427
Township 4 North, Range 15 West with the present Southwesterly 2428
right-of-way line of Mississippi Highway No. 589, said point is 2429
also the Northeast corner of grantor property; said point is 50.6 2430
feet West of Station 7 + 59.27 on the centerline of survey of 2431
Mississippi Highway No. 589 as shown on the plans for State 2432
Project No. SP-0014-2(10); from said POINT OF BEGINNING run thence 2433
South 08°57' East along said present Southwesterly right-of-way 2434
line, a distance of 37.1 feet to a point that is perpendicular to 2435
and 50 feet Southwesterly of Station 7 + 30 on the centerline of 2436
survey of Mississippi Highway 589 as shown on the plans for said 2437
project; run thence South 81°03' West, a distance of 35.7 feet to 2438
the West line of the South 1/2 of the Southeast 1/4 of the 2439
Northeast 1/4 of said Section 14 and the West line of grantors 2440
property; run thence North along said West property line, a 2441
distance of 42.2 feet to the Northwest corner of the South 1/2 of 2442
the Southeast 1/4 of the Northeast 1/4 of said Section 14 and the 2443
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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Northwest corner of grantors property; run thence East along 2444
grantors North property line, a distance of 29.5 feet to the POINT 2445
OF BEGINNING containing 0.03 acres, more or less, and all being 2446
situated in and a part of the South 1/2 of the Southeast 1/4 of 2447
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 2448
Lamar County, Mississippi. 2449
LESS AND EXCEPT: 2450
A part of the South one-half of the Southeast 1/4 of 2451
Northeast 1/4, Northerly of a certain fence and West of 2452
Mississippi State Highway 589, in Section 14, Township 4 North, 2453
Range 15 West, Lamar County, Mississippi and more particularly 2454
described as commencing at a pine (lighter) stake being used as 2455
the Southwest corner of the Northeast 1/4 of Southeast 1/4 of the 2456
above said Section 14, thence North and along the West line of the 2457
East 1/4 of the above said Section 14 1638.8 feet to the POINT OF 2458
BEGINNING. Thence continue North and along the West line of the 2459
East 1/4 of the above said Section 14, 278.5 feet to the Southerly 2460
line of the property Bobby G. Aultman and Marilyn S. Aultman 2461
previously sold to the Mississippi State Highway Department; 2462
thence North 81°03' East and along the above said Southerly 2463
property line for 35.7 feet more or less to the Westerly 2464
right-of-way line of Mississippi State Highway 589; thence 2465
Southeasterly and along the above said Westerly right-of-way line 2466
232.7 feet to a concrete right-of-way marker; thence South 51°39' 2467
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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West and along the Northerly line of a wooden fence 88 feet to the 2468
POINT OF BEGINNING. 2469
AND ALSO: 2470
A parcel of land in a part of the Southeast 1/4 of Northwest 2471
1/4 and a part of the Southwest 1/4, Section 14, Township 4 North, 2472
Range 15 West, Lamar County, Mississippi, and more particularly 2473
described as beginning at a point where the Southerly right-of-way 2474
line of U.S. Highway 98 intersects the West line of the above said 2475
Southeast 1/4 of Northwest 1/4; thence North 67°34' East and along 2476
the Southerly right-of-way line of said highway 208.75 feet; 2477
thence South 208.75 feet; thence South 67°34' West 208.75 feet; 2478
thence South 141.3 feet; thence North 89°07'30" West 388.9 feet to 2479
the centerline of Parkers Creek; thence Northerly and along the 2480
centerline of said creek for the next three (3) calls: North 2481
35°53' East 115.6 feet; North 25°05' East 68.5 feet; North 2482
09°51'30" West 64.3 feet to the Southerly right-of-way line of 2483
U.S. Highway 98; thence North 67°34' East and along the Southerly 2484
right-of-way line of said highway 327.85 feet to the POINT OF 2485
BEGINNING. The above described area contains 3.02 acres. 2486
AND ALSO: 2487
Commencing at the Southwest corner of the Southwest 1/4 of 2488
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 2489
Lamar County, Mississippi, run South 88°05'27" East 310.00 feet, 2490
thence South 0°53'16" West 60.50 feet to a point on a fence line, 2491
thence run along fence line South 88°05'27" East 718.93 feet to 2492
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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the POINT OF BEGINNING, thence North 08°48'10" West 714.67 feet to 2493
a point on the South right-of-way line of Highway No. 98, thence 2494
along said right-of-way along a curve to the right with a delta 2495
angle of 02°04'26" having a radius of 5603.58 feet and an arc 2496
length of 202.84 feet, with a chord bearing a distance of North 2497
71°53'47" East 202.83 feet to a Concrete Highway right-of-way 2498
marker, thence South 20°09'13" East 328.13 feet, thence South 2499
69°00'47" East 117.68 feet, thence South 0°58'19" West 429.12 feet 2500
to a Point on Possession Line fence, thence along said fence North 2501
88°05'27" West 299.23 feet back to the POINT OF BEGINNING, 2502
containing 5.0885 acres, more or less and being situated in the SW 2503
1/4 of the NE 1/4 and the NW 1/4 of the SE l/4 of said Section 14, 2504
together with all improvements and appurtenances thereunto 2505
belonging. 2506
AND ALSO: 2507
PARCEL NUMBER ONE: That part of the Northwest Quarter of the 2508
Southwest Quarter (Northwest 1/4 of the Southwest 1/4) of Section 2509
14, Township 4 North, Range 15 West, of Lamar County, Mississippi, 2510
being located and situated East of the center thread of Mill Creek 2511
as the same presently runs through and bisects said 40-acre tract, 2512
and comprising 10.9 acres, more or less, and all being part of the 2513
Northwest Quarter of the Southwest Quarter (Northwest 1/4 of the 2514
Southwest 1/4) of said Section, Township and Range, Lamar County, 2515
Mississippi. 2516
AND ALSO: 2517
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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PARCEL NUMBER TWO: A part of the Southeast Quarter of the 2518
Northwest Quarter (Southeast 1/4 of the Northwest 1/4) and part of 2519
the Northeast Quarter of the Southwest (Northeast 1/4 of the 2520
Southwest 1/4) all in Section 14, Township 4 North, Range 15 West, 2521
Lamar County, Mississippi, being more particularly described as 2522
follows, to wit: 2523
Beginning at a point where the South margin of State Highway 2524
98 intersects the West margin of the Southeast 1/4 of the 2525
Northwest 1/4 of Section 14, Township 4 North, Range 15 West, and 2526
run Easterly along the South margin of said highway right-of-way 2527
208.75 feet; thence South 208.75 feet; thence Westerly parallel 2528
with the South margin of said highway right-of-way 208.75 feet to 2529
the West forty line; thence North 208.75 feet to the POINT OF 2530
BEGINNING, containing 1 acre, more or less. 2531
LESS AND EXCEPT: 2532
Begin at the point of intersection of an Easterly line of 2533
grantors property with the present Southerly right-of-way line of 2534
U.S. Highway 98 as shown on the plans for State Project No. 2535
97-0014-02-044-10; from said POINT OF BEGINNING run thence South 2536
02°56' West along said Easterly property line, a distance of 127.6 2537
feet; thence run South 69°11' West, a distance of 52.9 feet; 2538
thence run South 67°13' West, a distance of 492.7 feet to the 2539
Westerly line of grantors property and the center of a creek; 2540
thence run Northerly along said Westerly property line and said 2541
center of creek, a distance of 122.8 feet to said present 2542
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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Southerly right-of-way line; thence run North 67°13' East along 2543
said present Southerly right-of-way line, a distance of 553.4 feet 2544
to the POINT OF BEGINNING, containing 1.43 acres, more or less, 2545
and being situated in and a part of the North 1/2 of the Southwest 2546
1/4 of Section 14, Township 4 North, Range 15 West, Lamar County, 2547
Mississippi. 2548
LESS AND EXCEPT: 2549
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 4 2550
NORTH, RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI, PROCEED EAST 2551
2136.60 FEET; THENCE NORTH 2508.67 FEET TO AN IRON PIN AND THE 2552
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 2553
FROM THE DESCRIBED POINT OF BEGINNING, PROCEED NORTH 2554
11°19'49" EAST 217.55 FEET TO AN IRON PIN; THENCE NORTH 40°11'01" 2555
EAST 118.28 FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 2556
179.15 FEET TO AN IRON PIN ON THE SOUTHERN BOUNDARY OF U.S. 2557
HIGHWAY 98; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY BOUNDARY OF 2558
SAID HIGHWAY AS FOLLOWS: SOUTH 67°35'21" WEST 699.55 FEET TO AN 2559
IRON PIN; THENCE SOUTH 69°16'57" WEST 67.67 FEET TO A CONCRETE 2560
RIGHT-OF-WAY MARKER; THENCE SOUTH 67°35'21" WEST 310.34 FEET TO AN 2561
IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 01°25'53" WEST 2562
667.21 FEET TO AN IRON PIN; THENCE NORTH 67°35'21" EAST 491.91 2563
FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 193.77 FEET TO AN 2564
IRON PIN; THENCE NORTH 67°35'21" EAST 629.48 FEET BACK TO THE 2565
POINT OF BEGINNING. 2566
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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SAID PARCEL CONTAINS 12.39 ACRES AND IS LOCATED PART IN THE 2567
SE 1/4 OF THE NW 1/4, PART IN THE NE 1/4 OF THE SW 1/4, AND PART 2568
IN THE NW 1/4 OF THE SW 1/4, ALL IN SECTION 14, TOWNSHIP 4 NORTH, 2569
RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI; 2570
93. The clubhouse and associated golf course, 2571
tennis courts, swimming pools and related facilities located at 2572
333 Fairway Drive, Pontotoc, Mississippi; 2573
94. Any facility located on land more 2574
particularly described as follows: 2575
A 4.16 acre parcel being situated in the SE 1/4 of SE 1/4 of 2576
Section 31, T3N-R1E, Rankin County, Mississippi, and being more 2577
particularly described as follows: 2578
Commencing at the SE corner of said Section 31, run thence 2579
WEST - 643.33 feet to a point on the mean high water line of the 2580
Pearl River; thence North 10 degrees 50 minutes 51 seconds West - 2581
444.38 feet along said mean high water line; thence North 11 2582
degrees 58 minutes 08 seconds West - 58.90 feet along said mean 2583
high water line to the POINT OF BEGINNING: run thence North 11 2584
degrees 58 minutes 08 seconds West - 326.63 feet along said mean 2585
high water line; thence North 19 degrees 52 minutes 24 seconds 2586
West - 74.80 feet along said mean high water line; thence North 78 2587
degrees 01 minutes 52 seconds East - 464.81 feet; thence South 07 2588
degrees 25 minutes 10 seconds East - 39.75 feet; thence South 11 2589
degrees 58 minutes 08 seconds East - 361.10 feet; thence South 78 2590
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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degrees 01 minutes 52 seconds West - 451.31 feet to the POINT OF 2591
BEGINNING. 2592
TOGETHER WITH a 30 foot wide access easement being situated 2593
in the SE 1/4 of Section 31, T3N, R1E, Rankin County, Mississippi; 2594
being 15 feet either side of a centerline and being more 2595
particularly described as follows: 2596
Commencing at the SE corner of said Section, run thence North 2597
- 380.22 feet to a point on the northerly right-of-way of Moncure 2598
Road; thence North 86 degrees 39 minutes 56 seconds West - 257.25 2599
feet along said road to the POINT OF BEGINNING; run thence North 2600
11 degrees 58 minutes 08 seconds West - 557.86 feet to the POINT 2601
OF TERMINUS; 2602
95. Any municipality in which Mississippi 2603
Highway 26 and U.S. Highway 11 intersect and a public community 2604
college is located; 2605
96. Any municipality in which Mississippi 2606
Highway 15 meets U.S. Highway 82; 2607
97. Any facility and/or venue and related 2608
property at 305 South Monroe Street, Houston, Mississippi; 2609
98. A project as defined in Section 75-76-5. 2610
The status of these municipalities, districts, clubhouses, 2611
facilities, golf courses and areas described in this paragraph 2612
(o)(iii) as qualified resort areas does not require any 2613
declaration of same by the department. 2614
H. B. No. 1702 *HR26/R2080* ~ OFFICIAL ~
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The governing authorities of a municipality or county 2615
described, in whole or in part, in item 6, 21, 24, 25, 26, 27, 28, 2616
29, 30, 31, 34, 35, 36, 37, 38, 39, 46, 48, 51, 53, 54, 55, 56, 2617
58, 59, 61, 63, 64, 66, 67, 68, 73, 74, 83, 84, 93, 94, 95, 96, or 2618
97 of this paragraph (o)(iii) may by ordinance, with respect to 2619
the qualified resort area described in the same item: specify the 2620
hours of operation of facilities offering alcoholic beverages for 2621
sale; specify the percentage of revenue that facilities offering 2622
alcoholic beverages for sale must derive from the preparation, 2623
cooking and serving of meals and not from the sale of beverages; 2624
and designate the areas in which facilities offering alcoholic 2625
beverages for sale may be located. 2626
(p) "Native wine" means any product, produced in 2627
Mississippi for sale, having an alcohol content not to exceed 2628
twenty-one percent (21%) by weight and made in accordance with 2629
revenue laws of the United States, which shall be obtained 2630
primarily from the alcoholic fermentation of the juice of ripe 2631
grapes, fruits, berries, honey or vegetables grown and produced in 2632
Mississippi; provided that bulk, concentrated or fortified wines 2633
used for blending may be produced without this state and used in 2634
producing native wines. The department shall adopt and promulgate 2635
rules and regulations to permit a producer to import such bulk 2636
and/or fortified wines into this state for use in blending with 2637
native wines without payment of any excise tax that would 2638
otherwise accrue thereon. 2639
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(q) "Native winery" means any place or establishment 2640
within the State of Mississippi where native wine is produced, in 2641
whole or in part, for sale. 2642
(r) "Bed and breakfast inn" means an establishment 2643
within a municipality where in consideration of payment, breakfast 2644
and lodging are habitually furnished to travelers and wherein are 2645
located not less than eight (8) and not more than nineteen (19) 2646
adequately furnished and completely separate sleeping rooms with 2647
adequate facilities, that persons usually apply for and receive as 2648
overnight accommodations; however, such restriction on the minimum 2649
number of sleeping rooms shall not apply to establishments on the 2650
National Register of Historic Places. No place shall qualify as a 2651
bed and breakfast inn under this article unless on the date of the 2652
initial application for a license under this article more than 2653
fifty percent (50%) of the sleeping rooms are located in a 2654
structure formerly used as a residence. 2655
(s) "Board" shall refer to the Board of Tax Appeals of 2656
the State of Mississippi. 2657
(t) "Spa facility" means an establishment within a 2658
municipality or qualified resort area and owned by a hotel where, 2659
in consideration of payment, patrons receive from licensed 2660
professionals a variety of private personal care treatments such 2661
as massages, facials, waxes, exfoliation and hairstyling. 2662
(u) "Art studio or gallery" means an establishment 2663
within a municipality or qualified resort area that is in the sole 2664
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business of allowing patrons to view and/or purchase paintings and 2665
other creative artwork. 2666
(v) "Cooking school" means an establishment within a 2667
municipality or qualified resort area and owned by a nationally 2668
recognized company that offers an established culinary education 2669
curriculum and program where, in consideration of payment, patrons 2670
are given scheduled professional group instruction on culinary 2671
techniques. For purposes of this paragraph, the definition of 2672
cooking school shall not include schools or classes offered by 2673
grocery stores, convenience stores or drugstores. 2674
(w) "Campus" means property owned by a public school 2675
district, community or junior college, college or university in 2676
this state where educational courses are taught, school functions 2677
are held, tests and examinations are administered or academic 2678
course credits are awarded; however, the term shall not include 2679
any "restaurant" or "hotel" that is located on property owned by a 2680
community or junior college, college or university in this state, 2681
and is operated by a third party who receives all revenue 2682
generated from food and alcoholic beverage sales. 2683
(x) "Native spirit" shall mean any beverage, produced 2684
in Mississippi for sale, manufactured primarily by the 2685
distillation of fermented grain, starch, molasses or sugar 2686
produced in Mississippi, including dilutions and mixtures of these 2687
beverages. In order to be classified as "native spirit" under the 2688
provisions of this article, at least fifty-one percent (51%) of 2689
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PAGE 109 (BS\KW)

the finished product by volume shall have been obtained from 2690
distillation of fermented grain, starch, molasses or sugar grown 2691
and produced in Mississippi. 2692
(y) "Native distillery" shall mean any place or 2693
establishment within this state where native spirit is produced in 2694
whole or in part for sale. 2695
(z) "Warehouse operator" shall have the meaning 2696
ascribed in Section 67-1-201. 2697
(aa) "Craft spirit" shall mean any alcoholic beverage 2698
produced, in whole or in part, in Mississippi by a distillery 2699
created under the laws of Mississippi at a location within 2700
Mississippi. 2701
(bb) "Craft distillery" shall mean any place or 2702
establishment within this state where craft spirit is produced in 2703
whole or in part. 2704
SECTION 22. Section 67-1-101, Mississippi Code of 1972, is 2705
amended as follows: 2706
67-1-101. (1) For the purposes of this section, the 2707
following words shall have the following meanings ascribed in this 2708
section, unless the context clearly otherwise requires: 2709
(a) "Municipality" means any incorporated city, town or 2710
village that has voted in favor of coming out from under the dry 2711
law or is in a county that has voted in favor of coming out from 2712
under the dry law. 2713
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(b) "Leisure and recreation district" means an area 2714
officially designated by ordinance or resolution of the governing 2715
authorities of a municipality or county as a leisure and 2716
recreation district, and an area designated as a leisure and 2717
recreation district under subsection (3) of this section. 2718
(c) "County" means any county that has voted in favor 2719
of coming out from under the dry law. 2720
(2) (a) Subject to the provisions of this section, the 2721
governing authorities of a municipality, by ordinance, may 2722
establish one or more leisure and recreation districts within the 2723
corporate boundaries of the municipality and designate the 2724
geographic area or areas to be included within a district. The 2725
governing authorities of a municipality, by ordinance, may modify 2726
the boundaries of a leisure and recreation district. In addition, 2727
the boundaries of a leisure and recreation district may extend 2728
from within the municipality into the unincorporated area of the 2729
county in which the municipality is located if the county consents 2730
to the extension and has voted in favor of coming out from under 2731
the dry law. 2732
(b) Subject to the provisions of this section, the 2733
board of Supervisors of a county, by resolution, may establish one 2734
or more leisure and recreation districts within the county that 2735
are outside the corporate limits of any municipality in the county 2736
and designate the geographic area or areas to be included within 2737
the districts. 2738
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(c) The designation or modification of the geographic 2739
area or areas as a leisure and recreation district shall include a 2740
detailed description of the area or areas within the district, 2741
boundaries of the district and a georeferenced map of the 2742
district. In addition to any other matters addressed in an 2743
ordinance or resolution establishing or modifying a leisure and 2744
recreation district, a municipality or county, as the case may be, 2745
must describe the manner in which the municipality or county, as 2746
the case may be, will provide for adequate law enforcement and 2747
other public safety measures and services within the district. 2748
Following the establishment and/or modification of a leisure and 2749
recreation district, the municipality or county, as the case may 2750
be, shall provide the Department of Revenue with (i) a copy of any 2751
ordinance or resolution relating to the establishment or 2752
modification of the district, (ii) verification from the municipal 2753
police department and/or applicable sheriff's department 2754
indicating how such department will provide adequate law 2755
enforcement and other public safety measures and services within 2756
the district, and (iii) a list of persons or other entities that 2757
hold permits issued under Section 67-1-51(c), (e), (f), (g), (l), 2758
(n) or (o) and are located and/or doing business under such 2759
permits in the district at the time the district is established. 2760
(3) In addition to any other provision of this section, a 2761
project as defined in Section 75-76-5 shall be a leisure and 2762
recreation district. 2763
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ST: City of Jackson Revitalization Act; create.
SECTION 23. Subject to the provisions of this section, any 2764
owner or operator of a licensed gaming establishment licensed 2765
before January 1, 2026, that makes capital improvements to the 2766
licensed gaming establishment in an aggregate amount of at least 2767
One Hundred Million Dollars ($100,000,000.00) shall be allowed a 2768
credit against the license fees imposed under Sections 75-76-177 2769
and 75-76-195. The capital improvements must be made on or after 2770
July 1, 2026, and not later than July 1, 2029. The credit shall 2771
be for an amount equal to ten percent (10%) of the amount of the 2772
costs of the capital improvements and may be claimed by the 2773
licensee in equal prorated increments over three (3) years 2774
beginning with the year in which the credit was earned. 2775
SECTION 24. Sections 6 and 23 of this act shall be codified 2776
as new sections in Chapter 76, Title 75, Mississippi Code of 1972. 2777
SECTION 25. This act shall take effect and be in force from 2778
and after July 1, 2026. 2779