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To: Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Shanks
HOUSE BILL NO. 1761
(As Sent to Governor)
AN ACT TO AMEND SECTION 67-1-51, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE THE HOLDER OF A NATIVE WINE RETAILER'S PERMIT TO MAKE 2
RETAIL SALES OF NATIVE WINES AT ANY TASTING ROOM LOCATIONS WITHIN 3
THE SAME COUNTY AS THE NATIVE WINERY, TO HAVE ONE PERMANENT 4
SATELLITE TASTING ROOM SALES LOCATION IN ANY OTHER LOCATION IN THE 5
STATE THAT OTHERWISE ALLOWS THE SALE OF ALCOHOLIC BEVERAGES, AND, 6
WHEN SELLING TO CONSUMERS FOR ON-PREMISES CONSUMPTION, TO SELL 7
ALCOHOLIC BEVERAGES PRODUCED BY OTHER SUPPLIERS; TO REMOVE THE 8
REPEALER ON THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO ISSUE A 9
FESTIVAL PERMIT; TO AMEND SECTION 67-1-41, MISSISSIPPI CODE OF 10
1972, TO REMOVE THE EXPIRATION DATE OF THE EXCEPTION FOR ALCOHOLIC 11
BEVERAGES AUTHORIZED TO BE SOLD BY THE HOLDER OF A FESTIVAL PERMIT 12
TO THE STATUTE REQUIRING THE DEPARTMENT OF REVENUE TO SERVE AS A 13
WHOLESALE DISTRIBUTOR AND SELLER OF ALCOHOLIC BEVERAGES; TO AMEND 14
SECTION 67-1-77, MISSISSIPPI CODE OF 1972, TO REMOVE THE 15
EXPIRATION DATE ON THE AUTHORITY OF A DISTILLER, WINE 16
MANUFACTURER, RECTIFIER, BLENDER OR BOTTLER TO HAVE A FINANCIAL 17
INTEREST IN A FESTIVAL PERMIT; TO AMEND SECTION 67-5-11, 18
MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 27-71-5, 19
MISSISSIPPI CODE OF 1972, TO REMOVE THE REPEALER ON THE ANNUAL 20
PRIVILEGE LICENSE TAX FOR A FESTIVAL PERMIT; AND FOR RELATED 21
PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. Section 67-1-51, Mississippi Code of 1972, is 24
amended as follows: 25
67-1-51. (1) Permits which may be issued by the department 26
shall be as follows: 27
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(a) Manufacturer's permit. A manufacturer's permit 28
shall permit the manufacture, importation in bulk, bottling and 29
storage of alcoholic liquor and its distribution and sale to 30
manufacturers holding permits under this article in this state and 31
to persons outside the state who are authorized by law to purchase 32
the same, and to sell as provided by this article. 33
Manufacturer's permits shall be of the following classes: 34
Class 1. Distiller's and/or rectifier's permit, which shall 35
authorize the holder thereof to operate a distillery for the 36
production of distilled spirits by distillation or redistillation 37
and/or to operate a rectifying plant for the purifying, refining, 38
mixing, blending, flavoring or reducing in proof of distilled 39
spirits and alcohol. 40
Class 2. Wine manufacturer's permit, which shall authorize 41
the holder thereof to manufacture, import in bulk, bottle and 42
store wine or vinous liquor. 43
Class 3. Native wine producer's permit, which shall 44
authorize the holder thereof to produce, bottle, store and sell 45
native wines. 46
Class 4. Native spirit producer's permit, which shall 47
authorize the holder thereof to produce, bottle, store and sell 48
native spirits. 49
Class 5. Craft spirit producer's permit, which shall 50
authorize the holder thereof to perform any act or thing in the 51
process of making craft spirit, including the manufacture, 52
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importation, bottling, and storage of alcoholic liquor and its 53
sale. 54
(b) Package retailer's permit. Except as otherwise 55
provided in this paragraph and Section 67-1-52, a package 56
retailer's permit shall authorize the holder thereof to operate a 57
store exclusively for the sale at retail in original sealed and 58
unopened packages of alcoholic beverages, including native wines, 59
native spirits, craft spirits, and edibles, not to be consumed on 60
the premises where sold. Alcoholic beverages shall not be sold by 61
any retailer in any package or container containing less than 62
fifty (50) milliliters by liquid measure. A package retailer's 63
permit, with prior approval from the department, shall authorize 64
the holder thereof to sample new product furnished by a 65
manufacturer's representative or his employees at the permitted 66
place of business so long as the sampling otherwise complies with 67
this article and applicable department regulations. Such samples 68
may not be provided to customers at the permitted place of 69
business. In addition to the sale at retail of packages of 70
alcoholic beverages, the holder of a package retailer's permit is 71
authorized to sell at retail corkscrews, wine glasses, soft 72
drinks, ice, juices, mixers, other beverages commonly used to mix 73
with alcoholic beverages, and fruits and foods that have been 74
submerged in alcohol and are commonly referred to as edibles. 75
Nonalcoholic beverages sold by the holder of a package retailer's 76
permit shall not be consumed on the premises where sold. 77
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(c) On-premises retailer's permit. Except as otherwise 78
provided in subsection (5) of this section, an on-premises 79
retailer's permit shall authorize the sale of alcoholic beverages, 80
including native wines, native spirits, and craft spirits, for 81
consumption on the licensed premises only; however, a patron of 82
the permit holder may remove one (1) bottle of wine from the 83
licensed premises if: (i) the patron consumed a portion of the 84
bottle of wine in the course of consuming a meal purchased on the 85
licensed premises; (ii) the permit holder securely reseals the 86
bottle; (iii) the bottle is placed in a bag that is secured in a 87
manner so that it will be visibly apparent if the bag is opened; 88
and (iv) a dated receipt for the wine and the meal is available. 89
Additionally, as part of a carryout order, a permit holder may 90
sell one (1) bottle of wine to be removed from the licensed 91
premises for every two (2) entrees ordered. In addition, an 92
on-premises retailer's permittee at a permitted premises located 93
on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 94
Highway 90 may serve alcoholic beverages by the glass to a patron 95
in a vehicle using a drive-through method of delivery if the 96
permitted premises is located in a leisure and recreation district 97
established under Section 67-1-101. Such a sale will be 98
considered to be made on the permitted premises. An on-premises 99
retailer's permit shall be issued only to qualified hotels, 100
restaurants and clubs, small craft breweries, microbreweries, and 101
to common carriers with adequate facilities for serving 102
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passengers. In resort areas, however, whether inside or outside 103
of a municipality, the department, in its discretion, may issue 104
on-premises retailer's permits to any establishments located 105
therein as it deems proper. An on-premises retailer's permit when 106
issued to a common carrier shall authorize the sale and serving of 107
alcoholic beverages aboard any licensed vehicle while moving 108
through any county of the state; however, the sale of such 109
alcoholic beverages shall not be permitted while such vehicle is 110
stopped in a county that has not legalized such sales. If an 111
on-premises retailer's permit is applied for by a common carrier 112
operating solely in the water, such common carrier must, along 113
with all other qualifications for a permit, (i) be certified to 114
carry at least one hundred fifty (150) passengers and/or provide 115
overnight accommodations for at least fifty (50) passengers and 116
(ii) operate primarily in the waters within the State of 117
Mississippi which lie adjacent to the State of Mississippi south 118
of the three (3) most southern counties in the State of 119
Mississippi and/or on the Mississippi River or navigable waters 120
within any county bordering on the Mississippi River. 121
(d) Solicitor's permit. A solicitor's permit shall 122
authorize the holder thereof to act as salesman for a manufacturer 123
or wholesaler holding a proper permit, to solicit on behalf of his 124
employer orders for alcoholic beverages, and to otherwise promote 125
his employer's products in a legitimate manner. Such a permit 126
shall authorize the representation of and employment by one (1) 127
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principal only. However, the permittee may also, in the 128
discretion of the department, be issued additional permits to 129
represent other principals. No such permittee shall buy or sell 130
alcoholic beverages for his own account, and no such beverage 131
shall be brought into this state in pursuance of the exercise of 132
such permit otherwise than through a permit issued to a wholesaler 133
or manufacturer in the state. 134
(e) Native wine retailer's permit. Except as otherwise 135
provided in subsection (5) of this section, a native wine 136
retailer's permit shall be issued only to a holder of a Class 3 137
manufacturer's permit, and shall authorize the holder thereof to 138
make retail sales of native wines to consumers for on-premises 139
consumption or to consumers in originally sealed and unopened 140
containers at an establishment located on the premises of or in 141
the immediate vicinity of a native winery * * *, or at any tasting 142
room locations within the same county as the native winery. 143
Further, a holder of a native wine retailer's permit is authorized 144
to have one (1) permanent satellite location in any other location 145
in the state that otherwise allows the sale of alcoholic 146
beverages. When selling to consumers for on-premises consumption, 147
a holder of a native wine retailer's permit may sell alcoholic 148
beverages produced by other suppliers. Hours of sale shall be the 149
same as those authorized for on-premises permittees in the city or 150
county in which the native wine retailer is located. 151
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(f) Temporary retailer's permit. Except as otherwise 152
provided in subsection (5) of this section, a temporary retailer's 153
permit shall permit the purchase and resale of alcoholic 154
beverages, including native wines and native spirits, during legal 155
hours on the premises described in the temporary permit only. 156
Temporary retailer's permits shall be of the following 157
classes: 158
Class 1. A temporary one-day permit may be issued to bona 159
fide nonprofit civic or charitable organizations authorizing the 160
sale of alcoholic beverages, including native wine, native 161
spirits, and craft spirits, for consumption on the premises 162
described in the temporary permit only. Class 1 permits may be 163
issued only to applicants demonstrating to the department, by a 164
statement signed under penalty of perjury submitted ten (10) days 165
prior to the proposed date or such other time as the department 166
may determine, that they meet the qualifications of Sections 167
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 168
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 169
alcoholic beverages from package retailers located in the county 170
in which the temporary permit is issued. Alcoholic beverages 171
remaining in stock upon expiration of the temporary permit may be 172
returned by the permittee to the package retailer for a refund of 173
the purchase price upon consent of the package retailer or may be 174
kept by the permittee exclusively for personal use and 175
consumption, subject to all laws pertaining to the illegal sale 176
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and possession of alcoholic beverages. The department, following 177
review of the statement provided by the applicant and the 178
requirements of the applicable statutes and regulations, may issue 179
the permit. 180
Class 2. A temporary permit, not to exceed seventy (70) 181
days, may be issued to prospective permittees seeking to transfer 182
a permit authorized in paragraph (c) of this subsection. A Class 183
2 permit may be issued only to applicants demonstrating to the 184
department, by a statement signed under the penalty of perjury, 185
that they meet the qualifications of Sections 67-1-5(l), (m), (n), 186
(o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 187
67-1-59. The department, following a preliminary review of the 188
statement provided by the applicant and the requirements of the 189
applicable statutes and regulations, may issue the permit. 190
Class 2 temporary permittees must purchase their alcoholic 191
beverages directly from the department or, with approval of the 192
department, purchase the remaining stock of the previous 193
permittee. If the proposed applicant of a Class 1 or Class 2 194
temporary permit falsifies information contained in the 195
application or statement, the applicant shall never again be 196
eligible for a retail alcohol beverage permit and shall be subject 197
to prosecution for perjury. 198
Class 3. A temporary one-day permit may be issued to a 199
retail establishment authorizing the complimentary distribution of 200
wine, including native wine, to patrons of the retail 201
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establishment at an open house or promotional event, for 202
consumption only on the premises described in the temporary 203
permit. A Class 3 permit may be issued only to an applicant 204
demonstrating to the department, by a statement signed under 205
penalty of perjury submitted ten (10) days before the proposed 206
date or such other time as the department may determine, that it 207
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 208
and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 209
A Class 3 permit holder shall obtain all alcoholic beverages from 210
the holder(s) of a package retailer's permit located in the county 211
in which the temporary permit is issued. Wine remaining in stock 212
upon expiration of the temporary permit may be returned by the 213
Class 3 temporary permit holder to the package retailer for a 214
refund of the purchase price, with consent of the package 215
retailer, or may be kept by the Class 3 temporary permit holder 216
exclusively for personal use and consumption, subject to all laws 217
pertaining to the illegal sale and possession of alcoholic 218
beverages. The department, following review of the statement 219
provided by the applicant and the requirements of the applicable 220
statutes and regulations, may issue the permit. No retailer may 221
receive more than twelve (12) Class 3 temporary permits in a 222
calendar year. A Class 3 temporary permit shall not be issued to 223
a retail establishment that either holds a merchant permit issued 224
under paragraph (l) of this subsection, or holds a permit issued 225
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 226
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the holder to engage in the business of a retailer of light wine 227
or beer. 228
(g) Caterer's permit. A caterer's permit shall permit 229
the purchase of alcoholic beverages by a person engaging in 230
business as a caterer and the resale of alcoholic beverages by 231
such person in conjunction with such catering business. No person 232
shall qualify as a caterer unless forty percent (40%) or more of 233
the revenue derived from such catering business shall be from the 234
serving of prepared food and not from the sale of alcoholic 235
beverages and unless such person has obtained a permit for such 236
business from the Department of Health. A caterer's permit shall 237
not authorize the sale of alcoholic beverages on the premises of 238
the person engaging in business as a caterer; however, the holder 239
of an on-premises retailer's permit may hold a caterer's permit. 240
When the holder of an on-premises retailer's permit or an 241
affiliated entity of the holder also holds a caterer's permit, the 242
caterer's permit shall not authorize the service of alcoholic 243
beverages on a consistent, recurring basis at a separate, fixed 244
location owned or operated by the caterer, on-premises retailer or 245
affiliated entity and an on-premises retailer's permit shall be 246
required for the separate location. All sales of alcoholic 247
beverages by holders of a caterer's permit shall be made at the 248
location being catered by the caterer, and, except as otherwise 249
provided in subsection (5) of this section, such sales may be made 250
only for consumption at the catered location. The location being 251
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catered may be anywhere within a county or judicial district that 252
has voted to come out from under the dry laws or in which the sale 253
and distribution of alcoholic beverages is otherwise authorized by 254
law. Such sales shall be made pursuant to any other conditions 255
and restrictions which apply to sales made by on-premises retail 256
permittees. The holder of a caterer's permit or his employees 257
shall remain at the catered location as long as alcoholic 258
beverages are being sold pursuant to the permit issued under this 259
paragraph (g), and the permittee shall have at the location the 260
identification card issued by the division. No unsold alcoholic 261
beverages may be left at the catered location by the permittee 262
upon the conclusion of his business at that location. Appropriate 263
law enforcement officers and division personnel may enter a 264
catered location on private property in order to enforce laws 265
governing the sale or serving of alcoholic beverages. 266
(h) Research permit. A research permit shall authorize 267
the holder thereof to operate a research facility for the 268
professional research of alcoholic beverages. Such permit shall 269
authorize the holder of the permit to import and purchase limited 270
amounts of alcoholic beverages from the department or from 271
importers, wineries and distillers of alcoholic beverages for 272
professional research. 273
(i) Alcohol processing permit. An alcohol processing 274
permit shall authorize the holder thereof to purchase, transport 275
and possess alcoholic beverages for the exclusive use in cooking, 276
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processing or manufacturing products which contain alcoholic 277
beverages as an integral ingredient. An alcohol processing permit 278
shall not authorize the sale of alcoholic beverages on the 279
premises of the person engaging in the business of cooking, 280
processing or manufacturing products which contain alcoholic 281
beverages. The amounts of alcoholic beverages allowed under an 282
alcohol processing permit shall be set by the department. 283
(j) Hospitality cart permit. A hospitality cart permit 284
shall authorize the sale of alcoholic beverages from a mobile cart 285
on a golf course that is the holder of an on-premises retailer's 286
permit. The alcoholic beverages sold from the cart must be 287
consumed within the boundaries of the golf course. 288
(k) Special service permit. A special service permit 289
shall authorize the holder to sell commercially sealed alcoholic 290
beverages to the operator of a commercial or private aircraft for 291
en route consumption only by passengers. A special service permit 292
shall be issued only to a fixed-base operator who contracts with 293
an airport facility to provide fueling and other associated 294
services to commercial and private aircraft. 295
(l) Merchant permit. Except as otherwise provided in 296
subsection (5) of this section, a merchant permit shall be issued 297
only to the owner of a spa facility, an art studio or gallery, or 298
a cooking school, and shall authorize the holder to serve 299
complimentary by the glass wine only, including native wine, at 300
the holder's spa facility, art studio or gallery, or cooking 301
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school. A merchant permit holder shall obtain all wine from the 302
holder of a package retailer's permit. 303
(m) Temporary alcoholic beverages charitable auction 304
permit. A temporary permit, not to exceed five (5) days, may be 305
issued to a qualifying charitable nonprofit organization that is 306
exempt from taxation under Section 501(c)(3) or (4) of the 307
Internal Revenue Code of 1986. The permit shall authorize the 308
holder to sell alcoholic beverages for the limited purpose of 309
raising funds for the organization during a live or silent auction 310
that is conducted by the organization and that meets the following 311
requirements: (i) the auction is conducted in an area of the 312
state where the sale of alcoholic beverages is authorized; (ii) if 313
the auction is conducted on the premises of an on-premises 314
retailer's permit holder, then the alcoholic beverages to be 315
auctioned must be stored separately from the alcoholic beverages 316
sold, stored or served on the premises, must be removed from the 317
premises immediately following the auction, and may not be 318
consumed on the premises; (iii) the permit holder may not conduct 319
more than two (2) auctions during a calendar year; (iv) the permit 320
holder may not pay a commission or promotional fee to any person 321
to arrange or conduct the auction. 322
(n) Event venue retailer's permit. An event venue 323
retailer's permit shall authorize the holder thereof to purchase 324
and resell alcoholic beverages, including native wines, native 325
spirits, and craft spirits, for consumption on the premises during 326
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legal hours during events held on the licensed premises if food is 327
being served at the event by a caterer who is not affiliated with 328
or related to the permittee. The caterer must serve at least 329
three (3) entrees. The permit may only be issued for venues that 330
can accommodate two hundred (200) persons or more. The number of 331
persons a venue may accommodate shall be determined by the local 332
fire department and such determination shall be provided in 333
writing and submitted along with all other documents required to 334
be provided for an on-premises retailer's permit. The permittee 335
must derive the majority of its revenue from event-related fees, 336
including, but not limited to, admission fees or ticket sales for 337
live entertainment in the building. "Event-related fees" do not 338
include alcohol, beer or light wine sales or any fee which may be 339
construed to cover the cost of alcohol, beer or light wine. This 340
determination shall be made on a per event basis. An event may 341
not last longer than two (2) consecutive days per week. 342
(o) Temporary theatre permit. A temporary theatre 343
permit, not to exceed five (5) days, may be issued to a charitable 344
nonprofit organization that is exempt from taxation under Section 345
501(c)(3) or (4) of the Internal Revenue Code and owns or operates 346
a theatre facility that features plays and other theatrical 347
performances and productions. Except as otherwise provided in 348
subsection (5) of this section, the permit shall authorize the 349
holder to sell alcoholic beverages, including native wines, native 350
spirits, and craft spirits, to patrons of the theatre during 351
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performances and productions at the theatre facility for 352
consumption during such performances and productions on the 353
premises of the facility described in the permit. A temporary 354
theatre permit holder shall obtain all alcoholic beverages from 355
package retailers located in the county in which the permit is 356
issued. Alcoholic beverages remaining in stock upon expiration of 357
the temporary theatre permit may be returned by the permittee to 358
the package retailer for a refund of the purchase price upon 359
consent of the package retailer or may be kept by the permittee 360
exclusively for personal use and consumption, subject to all laws 361
pertaining to the illegal sale and possession of alcoholic 362
beverages. 363
(p) Charter ship operator's permit. Subject to * * * 364
this paragraph (p), a charter ship operator's permit shall 365
authorize the holder thereof and its employees to serve, monitor, 366
store and otherwise control the serving and availability of 367
alcoholic beverages to customers of the permit holder during 368
private charters under contract provided by the permit holder. A 369
charter ship operator's permit shall authorize such action by the 370
permit holder and its employees only as to alcoholic beverages 371
brought onto the permit holder's ship by customers of the permit 372
holder as part of such a private charter. All such alcoholic 373
beverages must be removed from the charter ship at the conclusion 374
of each private charter. A charter ship operator's permit shall 375
not authorize the permit holder to sell, charge for or otherwise 376
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supply alcoholic beverages to customers, except as authorized in 377
this paragraph (p). For the purposes of this paragraph (p), 378
"charter ship operator" means a common carrier that (i) is 379
certified to carry at least one hundred fifty (150) passengers 380
and/or provide overnight accommodations for at least fifty (50) 381
passengers, (ii) operates only in the waters within the State of 382
Mississippi, which lie adjacent to the State of Mississippi south 383
of the three (3) most southern counties in the State of 384
Mississippi, and (iii) provides charters under contract for tours 385
and trips in such waters. 386
(q) Distillery retailer's permit. The holder of a 387
Class 1 manufacturer's permit may obtain a distillery retailer's 388
permit. A distillery retailer's permit shall authorize the holder 389
thereof to sell at retail alcoholic beverages to consumers for 390
on-premises consumption, or to consumers by the sealed and 391
unopened bottle from a retail location at the distillery for 392
off-premises consumption. The holder may only sell product 393
manufactured by the manufacturer at the distillery described in 394
the permit. However, when selling to consumers for on-premises 395
consumption, a holder of a distillery retailer's permit may add 396
other beverages, alcoholic or not, so long as the total volume of 397
other beverage components containing alcohol does not exceed 398
twenty percent (20%). Hours of sale shall be the same as those 399
authorized for on-premises permittees in the city or county in 400
which the distillery retailer is located. 401
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The holder shall not sell at retail more than ten percent 402
(10%) of the alcoholic beverages produced annually at its 403
distillery. The holder shall not make retail sales of more than 404
two and twenty-five one-hundredths (2.25) liters, in the 405
aggregate, of the alcoholic beverages produced at its distillery 406
to any one (1) individual for consumption off the premises of the 407
distillery within a twenty-four-hour period. The hours of sale 408
shall be the same as those hours for package retailers under this 409
article. The holder of a distillery retailer's permit is not 410
required to purchase the alcoholic beverages authorized to be sold 411
by this paragraph from the department's liquor distribution 412
warehouse; however, if the holder does not purchase the alcoholic 413
beverages from the department's liquor distribution warehouse, the 414
holder shall pay to the department all taxes, fees and surcharges 415
on the alcoholic beverages that are imposed upon the sale of 416
alcoholic beverages shipped by the department or its warehouse 417
operator. In addition to alcoholic beverages, the holder of a 418
distillery retailer's permit may sell at retail promotional 419
products from the same retail location, including shirts, hats, 420
glasses, and other promotional products customarily sold by 421
alcoholic beverage manufacturers. 422
(r) Festival Permit. Any wine manufacturer, native 423
wine producer, native spirit producer, craft spirit producer, or 424
distilled spirit manufacturer permitted by Mississippi or any 425
other state is eligible to obtain a Festival Permit. This permit 426
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authorizes the entity to transport product manufactured by it to 427
festivals held within the State of Mississippi and sell sealed, 428
unopened bottles to festival participants. The holder of this 429
permit may provide samples at no charge to participants. 430
"Festival" means any event at which three (3) or more vendors are 431
present at a location for the sale or distribution of goods. The 432
holder of a Festival Permit is not required to purchase the 433
alcoholic beverages authorized to be sold by this paragraph from 434
the department's liquor distribution warehouse. However, if the 435
holder does not purchase the alcoholic beverages from the 436
department's liquor distribution warehouse, the holder of this 437
permit shall pay to the department all taxes, fees and surcharges 438
on the alcoholic beverages sold at such festivals that are imposed 439
upon the sale of alcoholic beverages shipped by the division. 440
Additionally, the entity shall file all applicable reports and 441
returns as prescribed by the department. This permit is issued 442
per festival and provides authority to sell for three (3) 443
consecutive days during the hours authorized for on-premises 444
permittees' sales in that county or city. The holder of the 445
permit shall be required to maintain all requirements set by Local 446
Option Law for the service and sale of alcoholic beverages. This 447
permit may be issued to entities participating in festivals at 448
which a Class 1 temporary permit is in effect. 449
* * * 450
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(s) Charter vessel operator's permit. Subject to * * * 451
this paragraph (s), a charter vessel operator's permit shall 452
authorize the holder thereof and its employees to sell and serve 453
alcoholic beverages to passengers of the permit holder during 454
public tours, historical tours, ecological tours and sunset 455
cruises provided by the permit holder. The permit shall authorize 456
the holder to only sell alcoholic beverages, including native 457
wines, to passengers of the charter vessel operator during public 458
tours, historical tours, ecological tours and sunset cruises 459
provided by the permit holder aboard the charter vessel operator 460
for consumption during such tours and cruises on the premises of 461
the charter vessel operator described in the permit. For the 462
purposes of this paragraph (s), "charter vessel operator" means a 463
common carrier that (i) is certified to carry at least forty-nine 464
(49) passengers, (ii) operates only in the waters within the State 465
of Mississippi, which lie south of Interstate 10 in the three (3) 466
most southern counties in the State of Mississippi, and lie 467
adjacent to the State of Mississippi south of the three (3) most 468
southern counties in the State of Mississippi, extending not 469
further than one (1) mile south of such counties, and (iii) 470
provides vessel services for tours and cruises in such waters as 471
provided in this paragraph(s). 472
(t) Native spirit retailer's permit. Except as 473
otherwise provided in subsection (5) of this section, a native 474
spirit retailer's permit shall be issued only to a holder of a 475
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Class 4 manufacturer's permit, and shall authorize the holder 476
thereof to make retail sales of native spirits to consumers for 477
on-premises consumption or to consumers in originally sealed and 478
unopened containers at an establishment located on the premises of 479
the distillery, or at any tasting room location or locations 480
within five (5) miles of the native distillery. Further, every 481
native distillery is authorized to have one (1) permanent 482
satellite tasting room sales location in any other location in the 483
state that otherwise allows the sale of alcoholic beverages. When 484
selling to consumers for on-premises consumption, a holder of a 485
native spirit retailer's permit may sell alcoholic beverages 486
produced by other suppliers. Hours of sale shall be the same as 487
those authorized for on-premises permittees in the city or county 488
in which the native spirit retailer is located. 489
(u) Delivery service permit. Any individual, limited 490
liability company, corporation or partnership registered to do 491
business in this state is eligible to obtain a delivery service 492
permit. Subject to * * * Section 67-1-51.1, this permit 493
authorizes the permittee, or its employee or an independent 494
contractor acting on its behalf, to deliver alcoholic beverages, 495
beer, light wine and light spirit product from a licensed retailer 496
to a person in this state who is at least twenty-one (21) years of 497
age for the individual's use and not for resale. This permit does 498
not authorize the delivery of alcoholic beverages, beer, light 499
wine or light spirit product to the premises of a location with a 500
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permit for the manufacture, distribution or retail sale of 501
alcoholic beverages, beer, light wine or light spirit product. 502
The holder of a package retailer's permit or an on-premises 503
retailer's permit under Section 67-1-51 or of a beer, light wine 504
and light spirit product permit under Section 67-3-19 is 505
authorized to apply for a delivery service permit as a privilege 506
separate from its existing retail permit. 507
(v) Food truck permit. A food truck permit shall 508
authorize the holder of an on-premises retailer's permit to use a 509
food truck to sell alcoholic beverages off its premises to guests 510
who must consume the beverages in open containers. For the 511
purposes of this paragraph (v), "food truck" means a fully encased 512
food service establishment on a motor vehicle or on a trailer that 513
a motor vehicle pulls to transport, and from which a vendor, 514
standing within the frame of the establishment, prepares, cooks, 515
sells and serves food for immediate human consumption. The term 516
"food truck" does not include a food cart that is not motorized. 517
Food trucks shall maintain such distance requirements from 518
schools, churches, kindergartens and funeral homes as are required 519
for on-premises retailer's permittees under this article, and all 520
sales must be made within a valid leisure and recreation district 521
established under Section 67-1-101. Food trucks cannot sell or 522
serve alcoholic beverages unless also offering food prepared and 523
cooked within the food truck, and permittees must maintain a 524
twenty-five percent (25%) food sale revenue requirement based on 525
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the food sold from the food truck alone. The hours allowed for 526
sale shall be the same as those for on-premises retailer's 527
permittees in the location. This permit will not be required for 528
the holder of a caterer's permit issued under this article to 529
cater an event as allowed by law. Permittees must provide notice 530
of not less than forty-eight (48) hours to the department of each 531
location at which alcoholic beverages will be sold. 532
(w) On-premises tobacco permit. An on-premises tobacco 533
permit shall authorize the permittee to sell alcoholic beverages 534
for consumption on the licensed premises. In addition to all 535
other requirements to obtain an alcoholic beverage permit, the 536
permittee must obtain and maintain a tobacco permit issued by the 537
State of Mississippi, and have a capital investment of not less 538
than Five Hundred Thousand Dollars ($500,000.00) in the premises 539
for which the permit is issued. In addition to alcoholic 540
beverages, the permittee is authorized to sell only cigars, 541
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 542
Additionally, seventy-five percent (75%) of the permittee's annual 543
gross revenue must be derived from the sale of cigars, cheroots, 544
tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 545
be required, but food may be sold on the premises. The issuance 546
of this permit does not remove any obligation a permittee may have 547
to follow local ordinances or actions prohibiting the use of 548
tobacco products. 549
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(x) Direct wine shipper's permit. A direct wine 550
shipper's permit shall authorize the holder to sell and ship a 551
limited amount of wine directly to residents in this state in 552
accordance with * * * Sections 67-1-301 to 67-1-317, without being 553
required to transact the sale and shipment of those wines through 554
the division. 555
(y) Craft spirit retailer's permit. Except as 556
otherwise provided in subsection (5) of this section, a craft 557
spirit retailer's permit shall be issued only to a holder of a 558
Class 5 manufacturer's permit, and shall authorize the holder 559
thereof to make retail sales of craft spirits to consumers for 560
on-premises consumption or to consumers in originally sealed and 561
unopened containers at an establishment located on the premises of 562
the distillery or at any tasting room location or locations within 563
five (5) miles of the craft distillery. Further, every craft 564
distillery is authorized to have one (1) permanent satellite 565
tasting room sales location in any other location in the state 566
that otherwise allows the sale of alcoholic beverages. When 567
selling to consumers for on-premises consumption, a holder of a 568
craft spirit retailer's permit may sell alcoholic beverages 569
produced by other suppliers. Hours of sale shall be the same as 570
those authorized for on-premises permittees in the city or county 571
in which the craft spirit retailer is located. 572
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(2) Except as otherwise provided in subsection (4) of this 573
section, retail permittees may hold more than one (1) retail 574
permit, at the discretion of the department. 575
(3) (a) Except as otherwise provided in this subsection, no 576
authority shall be granted to any person to manufacture, sell or 577
store for sale any intoxicating liquor as specified in this 578
article within four hundred (400) feet of any church, school 579
(excluding any community college, junior college, college or 580
university), kindergarten or funeral home. However, within an 581
area zoned commercial or business, such minimum distance shall be 582
not less than one hundred (100) feet. 583
(b) A church or funeral home may waive the distance 584
restrictions imposed in this subsection in favor of allowing 585
issuance by the department of a permit, pursuant to subsection (1) 586
of this section, to authorize activity relating to the 587
manufacturing, sale or storage of alcoholic beverages which would 588
otherwise be prohibited under the minimum distance criterion. 589
Such waiver shall be in written form from the owner, the governing 590
body, or the appropriate officer of the church or funeral home 591
having the authority to execute such a waiver, and the waiver 592
shall be filed with and verified by the department before becoming 593
effective. 594
(c) The distance restrictions imposed in this 595
subsection shall not apply to the sale or storage of alcoholic 596
beverages at a bed and breakfast inn listed in the National 597
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Register of Historic Places or to the sale or storage of alcoholic 598
beverages in a historic district that is listed in the National 599
Register of Historic Places, is a qualified resort area and is 600
located (i) in a municipality having a population greater than one 601
hundred thousand (100,000) according to the latest federal 602
decennial census, or (ii) in a municipality in which Mississippi 603
Highways 1 and 8 intersect. 604
(d) The distance restrictions imposed in this 605
subsection shall not apply to the sale or storage of alcoholic 606
beverages at a qualified resort area as defined in Section 607
67-1-5(o)(iii)32. 608
(e) The distance restrictions imposed in this 609
subsection shall not apply to the sale or storage of alcoholic 610
beverages at a licensed premises in a building formerly owned by a 611
municipality and formerly leased by the municipality to a 612
municipal school district and used by the municipal school 613
district as a district bus shop facility. 614
(f) The distance restrictions imposed in this 615
subsection shall not apply to the sale or storage of alcoholic 616
beverages at a licensed premises in a building consisting of at 617
least five thousand (5,000) square feet and located approximately 618
six hundred (600) feet from the intersection of Mississippi 619
Highway 15 and Mississippi Highway 4. 620
(g) The distance restrictions imposed in this 621
subsection shall not apply to the sale or storage of alcoholic 622
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beverages at a licensed premises in a building located at or near 623
the intersection of Ward and Tate Streets and adjacent properties 624
in the City of Senatobia, Mississippi. 625
(h) The distance restrictions imposed in this 626
subsection shall not apply to the sale or storage of alcoholic 627
beverages at a theatre facility that features plays and other 628
theatrical performances and productions and (i) is capable of 629
seating more than seven hundred fifty (750) people, (ii) is owned 630
by a municipality which has a population greater than ten thousand 631
(10,000) according to the latest federal decennial census, (iii) 632
was constructed prior to 1930, (iv) is on the National Register of 633
Historic Places, and (v) is located in a historic district. 634
(i) The distance restrictions imposed in this 635
subsection shall not apply to the sale or storage of alcoholic 636
beverages at a licensed premises in a building located 637
approximately one and six-tenths (1.6) miles north of the 638
intersection of Mississippi Highway 15 and Mississippi Highway 4 639
on the west side of Mississippi Highway 15. 640
(j) The distance restrictions imposed in this 641
subsection shall not apply to the sale or storage of alcoholic 642
beverages at a qualified resort area as defined in Section 643
67-1-5(o)(iii)83. 644
(k) The distance restrictions imposed in this 645
subsection shall not apply to the sale or storage of alcoholic 646
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beverages at a qualified resort area as defined in Section 647
67-1-5(o)(iii)84. 648
(4) No person, either individually or as a member of a firm, 649
partnership, limited liability company or association, or as a 650
stockholder, officer or director in a corporation, shall own or 651
control any interest in more than one (1) package retailer's 652
permit, nor shall such person's spouse, if living in the same 653
household of such person, any relative of such person, if living 654
in the same household of such person, or any other person living 655
in the same household with such person own any interest in any 656
other package retailer's permit; however, in the case of a person 657
holding a package retailer's permit issued before July 1, 2024, 658
such a person may own one (1) additional package retailer's permit 659
if the additional permit is issued for a premises with a minimum 660
capital investment of Twenty Million Dollars ($20,000,000.00) that 661
is part of a major retail development project and located in one 662
(1) of the three (3) most southern counties in the State of 663
Mississippi, and not within one hundred (100) miles of another 664
location in the State of Mississippi, for which the permittee 665
holds such a permit. 666
(5) (a) In addition to any other authority granted under 667
this section, the holder of a permit issued under subsection 668
(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 669
section may sell or otherwise provide alcoholic beverages and/or 670
wine to a patron of the permit holder in the manner authorized in 671
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the permit and the patron may remove an open glass, cup or other 672
container of the alcoholic beverage and/or wine from the licensed 673
premises and may possess and consume the alcoholic beverage or 674
wine outside of the licensed premises if: (i) the licensed 675
premises is located within a leisure and recreation district 676
created under Section 67-1-101 and (ii) the patron remains within 677
the boundaries of the leisure and recreation district while in 678
possession of the alcoholic beverage or wine. 679
(b) Nothing in this subsection shall be construed to 680
allow a person to bring any alcoholic beverages into a permitted 681
premises except to the extent otherwise authorized by this 682
article. 683
(c) Where a permit is issued under subsection (1)(c) to 684
an establishment located in a resort area created by Section 685
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 686
to bring alcoholic beverages into the permitted premises and to 687
possess, store and consume those alcoholic beverages in the 688
permitted premises. 689
SECTION 2. Section 67-1-41, Mississippi Code of 1972, is 690
amended as follows: 691
67-1-41. (1) The department is hereby created a wholesale 692
distributor and seller of alcoholic beverages, not including malt 693
liquors, within the State of Mississippi. It is granted the right 694
to import and sell alcoholic beverages at wholesale within the 695
state, and no person who is granted the right to sell, distribute 696
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or receive alcoholic beverages at retail shall purchase any 697
alcoholic beverages from any source other than the department, 698
except as authorized in subsections (4), (9) and (12) of this 699
section and Sections 67-1-301 to 67-1-317. The department may 700
establish warehouses, and the department may purchase alcoholic 701
beverages in such quantities and from such sources as it may deem 702
desirable and sell the alcoholic beverages to authorized 703
permittees within the state including, at the discretion of the 704
department, any retail distributors operating within any military 705
post or qualified resort areas within the boundaries of the state, 706
keeping a correct and accurate record of all such transactions and 707
exercising such control over the distribution of alcoholic 708
beverages as seem right and proper in keeping with the provisions 709
or purposes of this article. 710
(2) No person for the purpose of sale shall manufacture, 711
distill, brew, sell, possess, export, transport, distribute, 712
warehouse, store, solicit, take orders for, bottle, rectify, 713
blend, treat, mix or process any alcoholic beverage except in 714
accordance with authority granted under this article, or as 715
otherwise provided by law for native wines, native spirits, or 716
craft spirits. 717
(3) No alcoholic beverage intended for sale or resale shall 718
be imported, shipped or brought into this state for delivery to 719
any person other than as provided in this article, or as otherwise 720
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provided by law for native wines, native spirits, or craft 721
spirits. 722
(4) The department may promulgate rules and regulations 723
which authorize on-premises retailers to purchase limited amounts 724
of alcoholic beverages from package retailers and for package 725
retailers to purchase limited amounts of alcoholic beverages from 726
other package retailers. The department shall develop and provide 727
forms to be completed by the on-premises retailers and the package 728
retailers verifying the transaction. The completed forms shall be 729
forwarded to the department within a period of time prescribed by 730
the department. 731
(5) The department may promulgate rules which authorize the 732
holder of a package retailer's permit to permit individual retail 733
purchasers of packages of alcoholic beverages to return, for 734
exchange, credit or refund, limited amounts of original sealed and 735
unopened packages of alcoholic beverages purchased by the 736
individual from the package retailer. 737
(6) The department shall maintain all forms to be completed 738
by applicants necessary for licensure by the department at all 739
district offices of the department. 740
(7) The department may promulgate rules which authorize the 741
manufacturer of an alcoholic beverage or wine to import, transport 742
and furnish or give a sample of alcoholic beverages or wines to 743
the holders of package retailer's permits, on-premises retailer's 744
permits, native wine, native spirit, or craft spirits retailer's 745
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permits and temporary retailer's permits who have not previously 746
purchased the brand of that manufacturer from the department. For 747
each holder of the designated permits, the manufacturer may 748
furnish not more than five hundred (500) milliliters of any brand 749
of alcoholic beverage and not more than three (3) liters of any 750
brand of wine. 751
(8) The department may promulgate rules disallowing open 752
product sampling of alcoholic beverages or wines by the holders of 753
package retailer's permits and permitting open product sampling of 754
alcoholic beverages by the holders of on-premises retailer's 755
permits. Permitted sample products shall be plainly identified 756
"sample" and the actual sampling must occur in the presence of the 757
manufacturer's representatives during the legal operating hours of 758
on-premises retailers. 759
(9) The department may promulgate rules and regulations that 760
authorize the holder of a research permit to import and purchase 761
limited amounts of alcoholic beverages from importers, wineries 762
and distillers of alcoholic beverages or from the department. The 763
department shall develop and provide forms to be completed by the 764
research permittee verifying each transaction. The completed 765
forms shall be forwarded to the department within a period of time 766
prescribed by the department. The records and inventory of 767
alcoholic beverages shall be open to inspection at any time by the 768
director of the * * * division or any duly authorized agent. 769
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(10) The department may promulgate rules facilitating a 770
retailer's on-site pickup of alcoholic beverages sold by the 771
department or as authorized by the department, including, but not 772
limited to, native wines, native spirits, or craft spirits, so 773
that those alcoholic beverages may be delivered to the retailer at 774
the manufacturer's location instead of via shipment from the 775
department's warehouse. 776
(11) * * * This section shall not apply to alcoholic 777
beverages authorized to be sold by the holder of a distillery 778
retailer's permit or a festival * * * permit. 779
* * * 780
(12) (a) An individual resident of this state who is at 781
least twenty-one (21) years of age may purchase wine from a winery 782
and have the purchase shipped into this state so long as it is 783
shipped to a package retailer permittee in Mississippi; however, 784
the permittee shall pay to the department all taxes, fees and 785
surcharges on the wine that are imposed upon the sale of wine 786
shipped by the department or its warehouse operator. No credit 787
shall be provided to the permittee for any taxes paid to another 788
state as a result of the transaction. Package retailers may 789
charge a service fee for receiving and handling shipments from 790
wineries on behalf of the purchasers. The department shall 791
develop and provide forms to be completed by the package retailer 792
permittees verifying the transaction. The completed forms shall 793
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be forwarded to the department within a period of time prescribed 794
by the department. 795
(b) The purchaser of wine that is to be shipped to a 796
package retailer's store shall be required to get the prior 797
approval of the package retailer before any wine is shipped to the 798
package retailer. A purchaser is limited to no more than ten (10) 799
cases of wine per year to be shipped to a package retailer. A 800
package retailer shall notify a purchaser of wine within two (2) 801
days after receiving the shipment of wine. If the purchaser of 802
the wine does not pick up or take the wine from the package 803
retailer within thirty (30) days after being notified by the 804
package retailer, the package retailer may sell the wine as part 805
of his inventory. 806
(c) Shipments of wine into this state under this 807
section shall be made by a duly licensed carrier. It shall be the 808
duty of every common or contract carrier, and of every firm or 809
corporation that shall bring, carry or transport wine from outside 810
the state for delivery inside the state to package retailer 811
permittees on behalf of consumers, to prepare and file with the 812
department, on a schedule as determined by the department, of 813
known wine shipments containing the name of the common or contract 814
carrier, firm or corporation making the report, the period of time 815
covered by said report, the name and permit number of the winery, 816
the name and permit number of the package retailer permittee 817
receiving such wine, the weight of the package delivered to each 818
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package retailer permittee, a unique tracking number, and the date 819
of delivery. Reports received by the department shall be made 820
available by the department to the public via the Mississippi 821
Public Records Act process in the same manner as other state 822
alcohol filings. 823
Upon the department's request, any records supporting the 824
report shall be made available to the department within a 825
reasonable time after the department makes a written request for 826
such records. Any records containing information relating to such 827
reports shall be kept and preserved for a period of two (2) years, 828
unless their destruction sooner is authorized, in writing, by the 829
department, and shall be open and available to inspection by the 830
department upon the department's written request. Reports shall 831
also be made available to any law enforcement or regulatory body 832
in the state in which the railroad company, express company, 833
common or contract carrier making the report resides or does 834
business. 835
Any common or contract carrier that willfully fails to make 836
reports, as provided by this section or any of the rules and 837
regulations of the department for the administration and 838
enforcement of this section, is subject to a notification of 839
violation. In the case of a continuing failure to make reports, 840
the common or contract carrier is subject to possible license 841
suspension and revocation at the department's discretion. 842
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(d) A winery that ships wine under this section shall 843
be deemed to have consented to the jurisdiction of the courts of 844
this state, of the department, of any other state agency regarding 845
the enforcement of this section, and of any related law, rules or 846
regulations. 847
(e) Any person who makes, participates in, transports, 848
imports or receives a shipment in violation of this section is 849
guilty of a misdemeanor and, upon conviction thereof, shall be 850
punished by a fine of One Thousand Dollars ($1,000.00) or 851
imprisonment in the county jail for not more than six (6) months, 852
or both. Each shipment shall constitute a separate offense. 853
(13) If any provision of this article, or its application to 854
any person or circumstance, is determined by a court to be invalid 855
or unconstitutional, the remaining provisions shall be construed 856
in accordance with the intent of the Legislature to further limit 857
rather than expand commerce in alcoholic beverages to protect the 858
health, safety, and welfare of the state's residents, and to 859
enhance strict regulatory control over taxation, distribution and 860
sale of alcoholic beverages through the three-tier regulatory 861
system imposed by this article upon all alcoholic beverages to 862
curb relationships and practices calculated to stimulate sales and 863
impair the state's policy favoring trade stability and the 864
promotion of temperance. 865
SECTION 3. Section 67-1-77, Mississippi Code of 1972, is 866
amended as follows: 867
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67-1-77. (1) It shall be unlawful for the holder of a 868
manufacturer's or wholesaler's permit, or anyone connected with 869
the business of such holder, or for any other distiller, wine 870
manufacturer, rectifier, blender or bottler, to have any financial 871
interest in any premises upon which any alcoholic beverage is sold 872
at retail by any permittee, or in the business conducted by such 873
permittee, except that: 874
(a) The holder of a manufacturer's or wholesaler's 875
permit may contract for the service of a representative in the 876
area of governmental affairs on a part-time basis with a holder of 877
an on-premises permit. 878
(b) A distiller, wine manufacturer, rectifier, blender 879
or bottler may have a financial interest in a premises upon which 880
alcoholic beverages are sold at retail by a permittee, or in the 881
business conducted by a permittee, if the permittee does not sell 882
or serve any alcoholic beverages that are distilled, manufactured, 883
rectified, blended or bottled by the distiller, wine manufacturer, 884
rectifier, blender or bottler having the financial interest in the 885
premises or in the business conducted by a permittee. 886
(c) * * * A distiller, wine manufacturer, rectifier, 887
blender or bottler may have a financial interest in and possess a 888
distillery retailer's permit and a * * * festival permit. 889
* * * 890
(d) The holder of a manufacturer's permit which is 891
located adjacent to the Mississippi Museum of Art and is bordered 892
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by Court Street, Farish Street, South Street and Town Creek may 893
have a financial interest in a premises upon which alcoholic 894
beverages are sold at retail. 895
(2) It shall also be unlawful for any such person, or anyone 896
connected with his, its, or their business to lend any money or 897
make any gift or offer any gratuity, to any retail permittee, 898
except as authorized by regulations of the commission, to the 899
holder of any retail permit issued under * * * this article. 900
Except as above provided, no retail permittee shall accept, 901
receive, or make use of any money or gift furnished by any such 902
person, or become indebted to such person except for the purchase 903
of alcoholic beverages. 904
(3) The commission shall not prohibit the furnishing of 905
advertising specialties, printed materials, or other things having 906
nominal value to a retail permittee. This section shall not be 907
construed to prohibit the possession by any person of advertising 908
specialties, printed materials, or other things having nominal 909
value furnished by a retail permittee. 910
(4) Any person violating * * * this section shall, upon 911
conviction, be punished by a fine of not more than Five Thousand 912
Dollars ($5,000.00) or by imprisonment for not more than two (2) 913
years, or by both such fine and imprisonment, in the discretion of 914
the court. 915
SECTION 4. Section 67-5-11, Mississippi Code of 1972, is 916
amended as follows: 917
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67-5-11. (1) Within the State of Mississippi, every native 918
winery is authorized to make sales to the department or to 919
consumers at the location of the native winery or * * * at any 920
tasting room locations within the same county as the native 921
winery, and * * * at one (1) permanent satellite location in * * * 922
any other location in the state that otherwise allows the sale of 923
alcoholic beverages. Every native winery is authorized to make 924
sales to any producer, manufacturer, wholesaler, retailer or 925
consumer located outside of the State of Mississippi who are 926
authorized by law to purchase the same. 927
(2) With respect to native wines * * * sold by the 928
department to retailers under Section 67-1-41, the native 929
winery * * * may hold those wines * * * for onsite pickup at the 930
winery or any of its sales locations instead of shipping them to 931
the department warehouse, at the option of the retailer and 932
pursuant to any rules promulgated by the department. 933
SECTION 5. Section 27-71-5, Mississippi Code of 1972, is 934
amended as follows: 935
27-71-5. (1) Upon each person approved for a permit 936
under * * * the Alcoholic Beverage Control Law and amendments 937
thereto, there is levied and imposed for each location for the 938
privilege of engaging and continuing in this state in the business 939
authorized by such permit, an annual privilege license tax in the 940
amount provided in the following schedule: 941
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(a) Except as otherwise provided in this subsection 942
(1), manufacturer's permit, Class 1, distiller's and/or 943
rectifier's: 944
(i) For a permittee with annual production of 945
five thousand (5,000) gallons or more.................... $4,500.00 946
(ii) For a permittee with annual production under 947
five thousand (5,000) gallons............................ $2,800.00 948
(b) Manufacturer's permit, Class 2, wine 949
manufacturer............................................. $1,800.00 950
(c) Manufacturer's permit, Class 3, native wine 951
manufacturer per ten thousand (10,000) gallons or part thereof 952
produced................................................. $ 10.00 953
(d) Manufacturer's permit, Class 4, native spirit 954
manufacturer per one thousand (1,000) gallons or part thereof 955
produced................................................. $ 300.00 956
(e) Native wine retailer's permit............. $ 50.00 957
(f) Package retailer's permit, each........... $ 900.00 958
(g) On-premises retailer's permit, except for clubs and 959
common carriers, each.................................... $ 450.00 960
(h) On-premises retailer's permit for wine of more than 961
five percent (5%) alcohol by weight, but not more than twenty-one 962
percent (21%) alcohol by weight, each.................... $ 225.00 963
(i) On-premises retailer's permit for clubs... $ 225.00 964
(j) On-premises retailer's permit for common carriers, 965
per car, plane, or other vehicle......................... $ 120.00 966
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(k) Solicitor's permit, regardless of any other 967
provision of law, solicitor's permits shall be issued only in the 968
discretion of the department............................. $ 100.00 969
(l) Filing fee for each application except for an 970
employee identification card............................. $ 25.00 971
(m) Temporary permit, Class 1, each........... $ 10.00 972
(n) Temporary permit, Class 2, each........... $ 50.00 973
(o) (i) Caterer's permit..................... $ 600.00 974
(ii) Caterer's permit for holders of on-premises 975
retailer's permit........................................ $ 150.00 976
(p) Research permit........................... $ 100.00 977
(q) Temporary permit, Class 3 (wine only)..... $ 10.00 978
(r) Special service permit.................... $ 225.00 979
(s) Merchant permit........................... $ 225.00 980
(t) Temporary alcoholic beverages charitable auction 981
permit................................................... $ 10.00 982
(u) Event venue retailer's permit............. $ 225.00 983
(v) Temporary theatre permit, each............ $ 10.00 984
(w) Charter ship operator's permit............ $ 100.00 985
(x) Distillery retailer's permit.............. $ 450.00 986
(y) Festival permit.......................... $ 10.00 987
(z) Charter vessel operator's permit.......... $ 100.00 988
(aa) Native or craft spirit retailer's permit, 989
each..................................................... $ 50.00 990
(ab) Delivery service permit.................. $ 500.00 991
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(ac) Food truck permit........................ $ 100.00 992
(ad) On-premises tobacco permit............... $ 450.00 993
(ae) Direct wine shipper's permit............. $ 100.00 994
(af) Wine fulfillment provider's permit....... $ 100.00 995
(ag) Manufacturer's permit, Class 5, craft spirit 996
manufacturer per one thousand (1,000) gallons or part thereof 997
produced,............................................... $ 300.00, 998
but not to exceed $3,000.00. 999
In addition to the filing fee imposed by paragraph (l) of 1000
this subsection, a fee to be determined by the department * * * 1001
may be charged to defray costs incurred to process applications. 1002
The additional fees shall be paid into the State Treasury to the 1003
credit of a special fund account, which is hereby created, and 1004
expenditures therefrom shall be made only to defray the costs 1005
incurred by the department * * * in processing alcoholic beverage 1006
applications. Any unencumbered balance remaining in the special 1007
fund account on June 30 of any fiscal year shall lapse into the 1008
State General Fund. 1009
All privilege taxes imposed by this section shall be paid in 1010
advance of doing business. A new permittee whose privilege tax is 1011
determined by production volume will pay the tax for the first 1012
year in accordance with department regulations. The additional 1013
privilege tax imposed for an on-premises retailer's permit based 1014
upon purchases shall be due and payable on demand. 1015
* * * 1016
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(2) (a) There is imposed and shall be collected from each 1017
permittee, except a common carrier, solicitor, temporary 1018
permittee, delivery service permittee or direct wine shipper's 1019
permittee, by the department, an additional license tax equal to 1020
the amounts imposed under subsection (1) of this section for the 1021
privilege of doing business within any municipality or county in 1022
which the licensee is located. 1023
(b) (i) In addition to the tax imposed in paragraph 1024
(a) of this subsection, there is imposed and shall be collected by 1025
the department from each permittee described in subsection (1)(g), 1026
(h), (i), (n) and (u) of this section, an additional license tax 1027
for the privilege of doing business within any municipality or 1028
county in which the licensee is located in the amount of Two 1029
Hundred Twenty-five Dollars ($225.00) on purchases exceeding Five 1030
Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars 1031
($225.00) for each additional purchase of Five Thousand Dollars 1032
($5,000.00), or fraction thereof. 1033
(ii) In addition to the tax imposed in paragraph 1034
(a) of this subsection, there is imposed and shall be collected by 1035
the department from each permittee described in subsection (1)(o) 1036
and (s) of this section, an additional license tax for the 1037
privilege of doing business within any municipality or county in 1038
which the licensee is located in the amount of Two Hundred Fifty 1039
Dollars ($250.00) on purchases exceeding Five Thousand Dollars 1040
($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each 1041
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additional purchase of Five Thousand Dollars ($5,000.00), or 1042
fraction thereof. 1043
(iii) Any person who has paid the additional 1044
privilege license tax imposed by this paragraph, and whose permit 1045
is renewed, may add any unused fraction of Five Thousand Dollars 1046
($5,000.00) purchases to the first Five Thousand Dollars 1047
($5,000.00) purchases authorized by the renewal permit, and no 1048
additional license tax will be required until purchases exceed the 1049
sum of the two (2) figures. 1050
(c) If the licensee is located within a municipality, 1051
the department shall pay the amount of additional license tax 1052
collected under this section to the municipality, and if outside a 1053
municipality the department shall pay the additional license tax 1054
to the county in which the licensee is located. Payments by the 1055
department to the respective local government subdivisions shall 1056
be made once each month for any collections during the preceding 1057
month. 1058
(3) When an application for any permit, other than for 1059
renewal of a permit, has been rejected by the department, such 1060
decision shall be final. Appeal may be made in the manner 1061
provided by Section 67-1-39. Another application from an 1062
applicant who has been denied a permit shall not be reconsidered 1063
within a twelve-month period. 1064
(4) The number of permits issued by the department shall not 1065
be restricted or limited on a population basis; however, the 1066
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ST: Alcoholic beverages; extend repealers
relating to festival wine permits.
foregoing limitation shall not be construed to preclude the right 1067
of the department to refuse to issue a permit because of the 1068
undesirability of the proposed location. 1069
(5) If any person shall engage or continue in any business 1070
which is taxable under this section without having paid the tax as 1071
provided in this section, the person shall be liable for the full 1072
amount of the tax plus a penalty thereon equal to the amount 1073
thereof, and, in addition, shall be punished by a fine of not more 1074
than One Thousand Dollars ($1,000.00), or by imprisonment in the 1075
county jail for a term of not more than six (6) months, or by both 1076
such fine and imprisonment, in the discretion of the court. 1077
(6) It shall be unlawful for any person to consume alcoholic 1078
beverages on the premises of any hotel restaurant, restaurant, 1079
club or the interior of any public place defined in Chapter 1, 1080
Title 67, Mississippi Code of 1972, when the owner or manager 1081
thereof displays in several conspicuous places inside the 1082
establishment and at the entrances of establishment a sign 1083
containing the following language: NO ALCOHOLIC BEVERAGES 1084
ALLOWED. 1085
SECTION 6. This act shall take effect and be in force from 1086
and after July 1, 2026. 1087