Lottery tickets; authorize alcohol package retailer's permit holders to be lottery retailers and sell.

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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Burnett

HOUSE BILL NO. 561

AN ACT TO AMEND SECTION 27-115-55, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT A HOLDER OF A PACKAGE RETAILER'S PERMIT ISSUED 2
UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW IS ELIGIBLE 3
TO APPLY TO BECOME A LOTTERY RETAILER UNDER THE ALYCE G. CLARKE 4
MISSISSIPPI LOTTERY LAW; TO AMEND SECTION 67-1-51, MISSISSIPPI 5
CODE OF 1972, TO PROVIDE THAT IF THE HOLDER OF A PACKAGE 6
RETAILER'S PERMIT IS A LOTTERY RETAILER UNDER THE ALYCE G. CLARKE 7
MISSISSIPPI LOTTERY LAW, THE PERMIT HOLDER MAY SELL LOTTERY 8
TICKETS; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 27-115-55, Mississippi Code of 1972, is 11
amended as follows: 12
27-115-55. (1) The Legislature hereby recognizes that to 13
conduct a successful lottery, the corporation must develop and 14
maintain a statewide network of lottery retailers that will serve 15
the public convenience and promote the sale of tickets, while 16
ensuring the integrity of the lottery operations, games and 17
activities. 18
(2) To govern the selection of lottery retailers, the board 19
shall, by administrative rules and regulations, develop a list of 20
objective criteria upon which the selection of lottery retailers 21
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shall be based. In developing these criteria, the board shall 22
consider such factors as the applicant's financial responsibility, 23
location and security of the applicant's place of business or 24
activity, integrity, and reputation; however, the board shall not 25
consider political affiliation, activities or monetary 26
contributions to political organizations or candidates for any 27
public office. The criteria shall include, but not be limited to, 28
the following: 29
(a) The applicant shall be current in payment of all 30
taxes, interest and penalties owed to any taxing political 31
subdivision where the lottery retailer will sell lottery tickets. 32
(b) The applicant shall be current in filing all 33
applicable tax returns and in payment of all taxes, interest and 34
penalties owed to the State of Mississippi, excluding items under 35
formal appeal pursuant to applicable statutes, before a license is 36
issued and before each renewal. 37
(c) No person shall be selected as a lottery retailer 38
for the sale of lottery tickets who: 39
(i) Has been convicted of a criminal offense 40
related to the security or integrity of the lottery in this or any 41
other jurisdiction. 42
(ii) Has been convicted of any illegal gambling 43
activity, false statements, false swearing or perjury in this or 44
any other jurisdiction, or convicted of a felony. 45
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(iii) Has been found to have violated the 46
provisions of this chapter or any administrative rules and 47
regulations adopted under this chapter, unless either ten (10) 48
years have passed since the violation, or the president and the 49
board find the violation both minor and unintentional in nature. 50
(iv) Is a vendor or an employee or agent of any 51
vendor doing business with the corporation. 52
(v) Resides in the same household as an officer or 53
board member of the corporation. 54
(vi) Has made a statement of material fact to the 55
corporation, knowing such statement to be false. 56
(3) A holder of a package retailer's permit issued under 57
Section 67-1-51 shall be eligible to apply to become a lottery 58
retailer. 59
SECTION 2. Section 67-1-51, Mississippi Code of 1972, is 60
amended as follows: 61
67-1-51. (1) Permits which may be issued by the department 62
shall be as follows: 63
(a) Manufacturer's permit. A manufacturer's permit 64
shall permit the manufacture, importation in bulk, bottling and 65
storage of alcoholic liquor and its distribution and sale to 66
manufacturers holding permits under this article in this state and 67
to persons outside the state who are authorized by law to purchase 68
the same, and to sell as provided by this article. 69
Manufacturer's permits shall be of the following classes: 70
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Class 1. Distiller's and/or rectifier's permit, which shall 71
authorize the holder thereof to operate a distillery for the 72
production of distilled spirits by distillation or redistillation 73
and/or to operate a rectifying plant for the purifying, refining, 74
mixing, blending, flavoring or reducing in proof of distilled 75
spirits and alcohol. 76
Class 2. Wine manufacturer's permit, which shall authorize 77
the holder thereof to manufacture, import in bulk, bottle and 78
store wine or vinous liquor. 79
Class 3. Native wine producer's permit, which shall 80
authorize the holder thereof to produce, bottle, store and sell 81
native wines. 82
Class 4. Native spirit producer's permit, which shall 83
authorize the holder thereof to produce, bottle, store and sell 84
native spirits. 85
Class 5. Craft spirit producer's permit, which shall 86
authorize the holder thereof to perform any act or thing in the 87
process of making craft spirit, including the manufacture, 88
importation, bottling, and storage of alcoholic liquor and its 89
sale. 90
(b) Package retailer's permit. Except as otherwise 91
provided in this paragraph and Section 67-1-52, a package 92
retailer's permit shall authorize the holder thereof to operate a 93
store exclusively for the sale at retail in original sealed and 94
unopened packages of alcoholic beverages, including native wines, 95
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native spirits, craft spirits, and edibles, not to be consumed on 96
the premises where sold. Alcoholic beverages shall not be sold by 97
any retailer in any package or container containing less than 98
fifty (50) milliliters by liquid measure. A package retailer's 99
permit, with prior approval from the department, shall authorize 100
the holder thereof to sample new product furnished by a 101
manufacturer's representative or his employees at the permitted 102
place of business so long as the sampling otherwise complies with 103
this article and applicable department regulations. Such samples 104
may not be provided to customers at the permitted place of 105
business. In addition to the sale at retail of packages of 106
alcoholic beverages, the holder of a package retailer's permit is 107
authorized to sell at retail corkscrews, wine glasses, soft 108
drinks, ice, juices, mixers, other beverages commonly used to mix 109
with alcoholic beverages, and fruits and foods that have been 110
submerged in alcohol and are commonly referred to as edibles. 111
Nonalcoholic beverages sold by the holder of a package retailer's 112
permit shall not be consumed on the premises where sold. If the 113
holder of a package retailer's permit is a lottery retailer under 114
the Alyce G. Clarke Mississippi Lottery Law, the permit holder may 115
sell lottery tickets in accordance with such law. 116
(c) On-premises retailer's permit. Except as otherwise 117
provided in subsection (5) of this section, an on-premises 118
retailer's permit shall authorize the sale of alcoholic beverages, 119
including native wines, native spirits, and craft spirits, for 120
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consumption on the licensed premises only; however, a patron of 121
the permit holder may remove one (1) bottle of wine from the 122
licensed premises if: (i) the patron consumed a portion of the 123
bottle of wine in the course of consuming a meal purchased on the 124
licensed premises; (ii) the permit holder securely reseals the 125
bottle; (iii) the bottle is placed in a bag that is secured in a 126
manner so that it will be visibly apparent if the bag is opened; 127
and (iv) a dated receipt for the wine and the meal is available. 128
Additionally, as part of a carryout order, a permit holder may 129
sell one (1) bottle of wine to be removed from the licensed 130
premises for every two (2) entrees ordered. In addition, an 131
on-premises retailer's permittee at a permitted premises located 132
on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 133
Highway 90 may serve alcoholic beverages by the glass to a patron 134
in a vehicle using a drive-through method of delivery if the 135
permitted premises is located in a leisure and recreation district 136
established under Section 67-1-101. Such a sale will be 137
considered to be made on the permitted premises. An on-premises 138
retailer's permit shall be issued only to qualified hotels, 139
restaurants and clubs, small craft breweries, microbreweries, and 140
to common carriers with adequate facilities for serving 141
passengers. In resort areas, however, whether inside or outside 142
of a municipality, the department, in its discretion, may issue 143
on-premises retailer's permits to any establishments located 144
therein as it deems proper. An on-premises retailer's permit when 145
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issued to a common carrier shall authorize the sale and serving of 146
alcoholic beverages aboard any licensed vehicle while moving 147
through any county of the state; however, the sale of such 148
alcoholic beverages shall not be permitted while such vehicle is 149
stopped in a county that has not legalized such sales. If an 150
on-premises retailer's permit is applied for by a common carrier 151
operating solely in the water, such common carrier must, along 152
with all other qualifications for a permit, (i) be certified to 153
carry at least one hundred fifty (150) passengers and/or provide 154
overnight accommodations for at least fifty (50) passengers and 155
(ii) operate primarily in the waters within the State of 156
Mississippi which lie adjacent to the State of Mississippi south 157
of the three (3) most southern counties in the State of 158
Mississippi and/or on the Mississippi River or navigable waters 159
within any county bordering on the Mississippi River. 160
(d) Solicitor's permit. A solicitor's permit shall 161
authorize the holder thereof to act as salesman for a manufacturer 162
or wholesaler holding a proper permit, to solicit on behalf of his 163
employer orders for alcoholic beverages, and to otherwise promote 164
his employer's products in a legitimate manner. Such a permit 165
shall authorize the representation of and employment by one (1) 166
principal only. However, the permittee may also, in the 167
discretion of the department, be issued additional permits to 168
represent other principals. No such permittee shall buy or sell 169
alcoholic beverages for his own account, and no such beverage 170
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shall be brought into this state in pursuance of the exercise of 171
such permit otherwise than through a permit issued to a wholesaler 172
or manufacturer in the state. 173
(e) Native wine retailer's permit. Except as otherwise 174
provided in subsection (5) of this section, a native wine 175
retailer's permit shall be issued only to a holder of a Class 3 176
manufacturer's permit, and shall authorize the holder thereof to 177
make retail sales of native wines to consumers for on-premises 178
consumption or to consumers in originally sealed and unopened 179
containers at an establishment located on the premises of or in 180
the immediate vicinity of a native winery. When selling to 181
consumers for on-premises consumption, a holder of a native wine 182
retailer's permit may add to the native wine alcoholic beverages 183
not produced on the premises, so long as the total volume of 184
foreign beverage components does not exceed twenty percent (20%) 185
of the mixed beverage. Hours of sale shall be the same as those 186
authorized for on-premises permittees in the city or county in 187
which the native wine retailer is located. 188
(f) Temporary retailer's permit. Except as otherwise 189
provided in subsection (5) of this section, a temporary retailer's 190
permit shall permit the purchase and resale of alcoholic 191
beverages, including native wines and native spirits, during legal 192
hours on the premises described in the temporary permit only. 193
Temporary retailer's permits shall be of the following 194
classes: 195
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Class 1. A temporary one-day permit may be issued to bona 196
fide nonprofit civic or charitable organizations authorizing the 197
sale of alcoholic beverages, including native wine, native 198
spirits, and craft spirits, for consumption on the premises 199
described in the temporary permit only. Class 1 permits may be 200
issued only to applicants demonstrating to the department, by a 201
statement signed under penalty of perjury submitted ten (10) days 202
prior to the proposed date or such other time as the department 203
may determine, that they meet the qualifications of Sections 204
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 205
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 206
alcoholic beverages from package retailers located in the county 207
in which the temporary permit is issued. Alcoholic beverages 208
remaining in stock upon expiration of the temporary permit may be 209
returned by the permittee to the package retailer for a refund of 210
the purchase price upon consent of the package retailer or may be 211
kept by the permittee exclusively for personal use and 212
consumption, subject to all laws pertaining to the illegal sale 213
and possession of alcoholic beverages. The department, following 214
review of the statement provided by the applicant and the 215
requirements of the applicable statutes and regulations, may issue 216
the permit. 217
Class 2. A temporary permit, not to exceed seventy (70) 218
days, may be issued to prospective permittees seeking to transfer 219
a permit authorized in paragraph (c) of this subsection. A Class 220
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2 permit may be issued only to applicants demonstrating to the 221
department, by a statement signed under the penalty of perjury, 222
that they meet the qualifications of Sections 67-1-5(l), (m), (n), 223
(o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 224
67-1-59. The department, following a preliminary review of the 225
statement provided by the applicant and the requirements of the 226
applicable statutes and regulations, may issue the permit. 227
Class 2 temporary permittees must purchase their alcoholic 228
beverages directly from the department or, with approval of the 229
department, purchase the remaining stock of the previous 230
permittee. If the proposed applicant of a Class 1 or Class 2 231
temporary permit falsifies information contained in the 232
application or statement, the applicant shall never again be 233
eligible for a retail alcohol beverage permit and shall be subject 234
to prosecution for perjury. 235
Class 3. A temporary one-day permit may be issued to a 236
retail establishment authorizing the complimentary distribution of 237
wine, including native wine, to patrons of the retail 238
establishment at an open house or promotional event, for 239
consumption only on the premises described in the temporary 240
permit. A Class 3 permit may be issued only to an applicant 241
demonstrating to the department, by a statement signed under 242
penalty of perjury submitted ten (10) days before the proposed 243
date or such other time as the department may determine, that it 244
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 245
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and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 246
A Class 3 permit holder shall obtain all alcoholic beverages from 247
the holder(s) of a package retailer's permit located in the county 248
in which the temporary permit is issued. Wine remaining in stock 249
upon expiration of the temporary permit may be returned by the 250
Class 3 temporary permit holder to the package retailer for a 251
refund of the purchase price, with consent of the package 252
retailer, or may be kept by the Class 3 temporary permit holder 253
exclusively for personal use and consumption, subject to all laws 254
pertaining to the illegal sale and possession of alcoholic 255
beverages. The department, following review of the statement 256
provided by the applicant and the requirements of the applicable 257
statutes and regulations, may issue the permit. No retailer may 258
receive more than twelve (12) Class 3 temporary permits in a 259
calendar year. A Class 3 temporary permit shall not be issued to 260
a retail establishment that either holds a merchant permit issued 261
under paragraph (l) of this subsection, or holds a permit issued 262
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 263
the holder to engage in the business of a retailer of light wine 264
or beer. 265
(g) Caterer's permit. A caterer's permit shall permit 266
the purchase of alcoholic beverages by a person engaging in 267
business as a caterer and the resale of alcoholic beverages by 268
such person in conjunction with such catering business. No person 269
shall qualify as a caterer unless forty percent (40%) or more of 270
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the revenue derived from such catering business shall be from the 271
serving of prepared food and not from the sale of alcoholic 272
beverages and unless such person has obtained a permit for such 273
business from the Department of Health. A caterer's permit shall 274
not authorize the sale of alcoholic beverages on the premises of 275
the person engaging in business as a caterer; however, the holder 276
of an on-premises retailer's permit may hold a caterer's permit. 277
When the holder of an on-premises retailer's permit or an 278
affiliated entity of the holder also holds a caterer's permit, the 279
caterer's permit shall not authorize the service of alcoholic 280
beverages on a consistent, recurring basis at a separate, fixed 281
location owned or operated by the caterer, on-premises retailer or 282
affiliated entity and an on-premises retailer's permit shall be 283
required for the separate location. All sales of alcoholic 284
beverages by holders of a caterer's permit shall be made at the 285
location being catered by the caterer, and, except as otherwise 286
provided in subsection (5) of this section, such sales may be made 287
only for consumption at the catered location. The location being 288
catered may be anywhere within a county or judicial district that 289
has voted to come out from under the dry laws or in which the sale 290
and distribution of alcoholic beverages is otherwise authorized by 291
law. Such sales shall be made pursuant to any other conditions 292
and restrictions which apply to sales made by on-premises retail 293
permittees. The holder of a caterer's permit or his employees 294
shall remain at the catered location as long as alcoholic 295
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beverages are being sold pursuant to the permit issued under this 296
paragraph (g), and the permittee shall have at the location the 297
identification card issued by the division. No unsold alcoholic 298
beverages may be left at the catered location by the permittee 299
upon the conclusion of his business at that location. Appropriate 300
law enforcement officers and division personnel may enter a 301
catered location on private property in order to enforce laws 302
governing the sale or serving of alcoholic beverages. 303
(h) Research permit. A research permit shall authorize 304
the holder thereof to operate a research facility for the 305
professional research of alcoholic beverages. Such permit shall 306
authorize the holder of the permit to import and purchase limited 307
amounts of alcoholic beverages from the department or from 308
importers, wineries and distillers of alcoholic beverages for 309
professional research. 310
(i) Alcohol processing permit. An alcohol processing 311
permit shall authorize the holder thereof to purchase, transport 312
and possess alcoholic beverages for the exclusive use in cooking, 313
processing or manufacturing products which contain alcoholic 314
beverages as an integral ingredient. An alcohol processing permit 315
shall not authorize the sale of alcoholic beverages on the 316
premises of the person engaging in the business of cooking, 317
processing or manufacturing products which contain alcoholic 318
beverages. The amounts of alcoholic beverages allowed under an 319
alcohol processing permit shall be set by the department. 320
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(j) Hospitality cart permit. A hospitality cart permit 321
shall authorize the sale of alcoholic beverages from a mobile cart 322
on a golf course that is the holder of an on-premises retailer's 323
permit. The alcoholic beverages sold from the cart must be 324
consumed within the boundaries of the golf course. 325
(k) Special service permit. A special service permit 326
shall authorize the holder to sell commercially sealed alcoholic 327
beverages to the operator of a commercial or private aircraft for 328
en route consumption only by passengers. A special service permit 329
shall be issued only to a fixed-base operator who contracts with 330
an airport facility to provide fueling and other associated 331
services to commercial and private aircraft. 332
(l) Merchant permit. Except as otherwise provided in 333
subsection (5) of this section, a merchant permit shall be issued 334
only to the owner of a spa facility, an art studio or gallery, or 335
a cooking school, and shall authorize the holder to serve 336
complimentary by the glass wine only, including native wine, at 337
the holder's spa facility, art studio or gallery, or cooking 338
school. A merchant permit holder shall obtain all wine from the 339
holder of a package retailer's permit. 340
(m) Temporary alcoholic beverages charitable auction 341
permit. A temporary permit, not to exceed five (5) days, may be 342
issued to a qualifying charitable nonprofit organization that is 343
exempt from taxation under Section 501(c)(3) or (4) of the 344
Internal Revenue Code of 1986. The permit shall authorize the 345
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holder to sell alcoholic beverages for the limited purpose of 346
raising funds for the organization during a live or silent auction 347
that is conducted by the organization and that meets the following 348
requirements: (i) the auction is conducted in an area of the 349
state where the sale of alcoholic beverages is authorized; (ii) if 350
the auction is conducted on the premises of an on-premises 351
retailer's permit holder, then the alcoholic beverages to be 352
auctioned must be stored separately from the alcoholic beverages 353
sold, stored or served on the premises, must be removed from the 354
premises immediately following the auction, and may not be 355
consumed on the premises; (iii) the permit holder may not conduct 356
more than two (2) auctions during a calendar year; (iv) the permit 357
holder may not pay a commission or promotional fee to any person 358
to arrange or conduct the auction. 359
(n) Event venue retailer's permit. An event venue 360
retailer's permit shall authorize the holder thereof to purchase 361
and resell alcoholic beverages, including native wines, native 362
spirits, and craft spirits, for consumption on the premises during 363
legal hours during events held on the licensed premises if food is 364
being served at the event by a caterer who is not affiliated with 365
or related to the permittee. The caterer must serve at least 366
three (3) entrees. The permit may only be issued for venues that 367
can accommodate two hundred (200) persons or more. The number of 368
persons a venue may accommodate shall be determined by the local 369
fire department and such determination shall be provided in 370
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writing and submitted along with all other documents required to 371
be provided for an on-premises retailer's permit. The permittee 372
must derive the majority of its revenue from event-related fees, 373
including, but not limited to, admission fees or ticket sales for 374
live entertainment in the building. "Event-related fees" do not 375
include alcohol, beer or light wine sales or any fee which may be 376
construed to cover the cost of alcohol, beer or light wine. This 377
determination shall be made on a per event basis. An event may 378
not last longer than two (2) consecutive days per week. 379
(o) Temporary theatre permit. A temporary theatre 380
permit, not to exceed five (5) days, may be issued to a charitable 381
nonprofit organization that is exempt from taxation under Section 382
501(c)(3) or (4) of the Internal Revenue Code and owns or operates 383
a theatre facility that features plays and other theatrical 384
performances and productions. Except as otherwise provided in 385
subsection (5) of this section, the permit shall authorize the 386
holder to sell alcoholic beverages, including native wines, native 387
spirits, and craft spirits, to patrons of the theatre during 388
performances and productions at the theatre facility for 389
consumption during such performances and productions on the 390
premises of the facility described in the permit. A temporary 391
theatre permit holder shall obtain all alcoholic beverages from 392
package retailers located in the county in which the permit is 393
issued. Alcoholic beverages remaining in stock upon expiration of 394
the temporary theatre permit may be returned by the permittee to 395
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the package retailer for a refund of the purchase price upon 396
consent of the package retailer or may be kept by the permittee 397
exclusively for personal use and consumption, subject to all laws 398
pertaining to the illegal sale and possession of alcoholic 399
beverages. 400
(p) Charter ship operator's permit. Subject to the 401
provisions of this paragraph (p), a charter ship operator's permit 402
shall authorize the holder thereof and its employees to serve, 403
monitor, store and otherwise control the serving and availability 404
of alcoholic beverages to customers of the permit holder during 405
private charters under contract provided by the permit holder. A 406
charter ship operator's permit shall authorize such action by the 407
permit holder and its employees only as to alcoholic beverages 408
brought onto the permit holder's ship by customers of the permit 409
holder as part of such a private charter. All such alcoholic 410
beverages must be removed from the charter ship at the conclusion 411
of each private charter. A charter ship operator's permit shall 412
not authorize the permit holder to sell, charge for or otherwise 413
supply alcoholic beverages to customers, except as authorized in 414
this paragraph (p). For the purposes of this paragraph (p), 415
"charter ship operator" means a common carrier that (i) is 416
certified to carry at least one hundred fifty (150) passengers 417
and/or provide overnight accommodations for at least fifty (50) 418
passengers, (ii) operates only in the waters within the State of 419
Mississippi, which lie adjacent to the State of Mississippi south 420
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of the three (3) most southern counties in the State of 421
Mississippi, and (iii) provides charters under contract for tours 422
and trips in such waters. 423
(q) Distillery retailer's permit. The holder of a 424
Class 1 manufacturer's permit may obtain a distillery retailer's 425
permit. A distillery retailer's permit shall authorize the holder 426
thereof to sell at retail alcoholic beverages to consumers for 427
on-premises consumption, or to consumers by the sealed and 428
unopened bottle from a retail location at the distillery for 429
off-premises consumption. The holder may only sell product 430
manufactured by the manufacturer at the distillery described in 431
the permit. However, when selling to consumers for on-premises 432
consumption, a holder of a distillery retailer's permit may add 433
other beverages, alcoholic or not, so long as the total volume of 434
other beverage components containing alcohol does not exceed 435
twenty percent (20%). Hours of sale shall be the same as those 436
authorized for on-premises permittees in the city or county in 437
which the distillery retailer is located. 438
The holder shall not sell at retail more than ten percent 439
(10%) of the alcoholic beverages produced annually at its 440
distillery. The holder shall not make retail sales of more than 441
two and twenty-five one-hundredths (2.25) liters, in the 442
aggregate, of the alcoholic beverages produced at its distillery 443
to any one (1) individual for consumption off the premises of the 444
distillery within a twenty-four-hour period. The hours of sale 445
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shall be the same as those hours for package retailers under this 446
article. The holder of a distillery retailer's permit is not 447
required to purchase the alcoholic beverages authorized to be sold 448
by this paragraph from the department's liquor distribution 449
warehouse; however, if the holder does not purchase the alcoholic 450
beverages from the department's liquor distribution warehouse, the 451
holder shall pay to the department all taxes, fees and surcharges 452
on the alcoholic beverages that are imposed upon the sale of 453
alcoholic beverages shipped by the department or its warehouse 454
operator. In addition to alcoholic beverages, the holder of a 455
distillery retailer's permit may sell at retail promotional 456
products from the same retail location, including shirts, hats, 457
glasses, and other promotional products customarily sold by 458
alcoholic beverage manufacturers. 459
(r) Festival Permit. Any wine manufacturer, native 460
wine producer, native spirit producer, craft spirit producer, or 461
distilled spirit manufacturer permitted by Mississippi or any 462
other state is eligible to obtain a Festival Permit. This permit 463
authorizes the entity to transport product manufactured by it to 464
festivals held within the State of Mississippi and sell sealed, 465
unopened bottles to festival participants. The holder of this 466
permit may provide samples at no charge to participants. 467
"Festival" means any event at which three (3) or more vendors are 468
present at a location for the sale or distribution of goods. The 469
holder of a Festival Permit is not required to purchase the 470
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alcoholic beverages authorized to be sold by this paragraph from 471
the department's liquor distribution warehouse. However, if the 472
holder does not purchase the alcoholic beverages from the 473
department's liquor distribution warehouse, the holder of this 474
permit shall pay to the department all taxes, fees and surcharges 475
on the alcoholic beverages sold at such festivals that are imposed 476
upon the sale of alcoholic beverages shipped by the division. 477
Additionally, the entity shall file all applicable reports and 478
returns as prescribed by the department. This permit is issued 479
per festival and provides authority to sell for three (3) 480
consecutive days during the hours authorized for on-premises 481
permittees' sales in that county or city. The holder of the 482
permit shall be required to maintain all requirements set by Local 483
Option Law for the service and sale of alcoholic beverages. This 484
permit may be issued to entities participating in festivals at 485
which a Class 1 temporary permit is in effect. 486
This paragraph (r) shall stand repealed from and after July 487
1, 2026. 488
(s) Charter vessel operator's permit. Subject to the 489
provisions of this paragraph (s), a charter vessel operator's 490
permit shall authorize the holder thereof and its employees to 491
sell and serve alcoholic beverages to passengers of the permit 492
holder during public tours, historical tours, ecological tours and 493
sunset cruises provided by the permit holder. The permit shall 494
authorize the holder to only sell alcoholic beverages, including 495
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native wines, to passengers of the charter vessel operator during 496
public tours, historical tours, ecological tours and sunset 497
cruises provided by the permit holder aboard the charter vessel 498
operator for consumption during such tours and cruises on the 499
premises of the charter vessel operator described in the permit. 500
For the purposes of this paragraph (s), "charter vessel operator" 501
means a common carrier that (i) is certified to carry at least 502
forty-nine (49) passengers, (ii) operates only in the waters 503
within the State of Mississippi, which lie south of Interstate 10 504
in the three (3) most southern counties in the State of 505
Mississippi, and lie adjacent to the State of Mississippi south of 506
the three (3) most southern counties in the State of Mississippi, 507
extending not further than one (1) mile south of such counties, 508
and (iii) provides vessel services for tours and cruises in such 509
waters as provided in this paragraph(s). 510
(t) Native spirit retailer's permit. Except as 511
otherwise provided in subsection (5) of this section, a native 512
spirit retailer's permit shall be issued only to a holder of a 513
Class 4 manufacturer's permit, and shall authorize the holder 514
thereof to make retail sales of native spirits to consumers for 515
on-premises consumption or to consumers in originally sealed and 516
unopened containers at an establishment located on the premises of 517
the distillery, or at any tasting room location or locations 518
within five (5) miles of the native distillery. Further, every 519
native distillery is authorized to have one (1) permanent 520
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satellite tasting room sales location in any other location in the 521
state that otherwise allows the sale of alcoholic beverages. When 522
selling to consumers for on-premises consumption, a holder of a 523
native spirit retailer's permit may sell alcoholic beverages 524
produced by other suppliers. Hours of sale shall be the same as 525
those authorized for on-premises permittees in the city or county 526
in which the native spirit retailer is located. 527
(u) Delivery service permit. Any individual, limited 528
liability company, corporation or partnership registered to do 529
business in this state is eligible to obtain a delivery service 530
permit. Subject to the provisions of Section 67-1-51.1, this 531
permit authorizes the permittee, or its employee or an independent 532
contractor acting on its behalf, to deliver alcoholic beverages, 533
beer, light wine and light spirit product from a licensed retailer 534
to a person in this state who is at least twenty-one (21) years of 535
age for the individual's use and not for resale. This permit does 536
not authorize the delivery of alcoholic beverages, beer, light 537
wine or light spirit product to the premises of a location with a 538
permit for the manufacture, distribution or retail sale of 539
alcoholic beverages, beer, light wine or light spirit product. 540
The holder of a package retailer's permit or an on-premises 541
retailer's permit under Section 67-1-51 or of a beer, light wine 542
and light spirit product permit under Section 67-3-19 is 543
authorized to apply for a delivery service permit as a privilege 544
separate from its existing retail permit. 545
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(v) Food truck permit. A food truck permit shall 546
authorize the holder of an on-premises retailer's permit to use a 547
food truck to sell alcoholic beverages off its premises to guests 548
who must consume the beverages in open containers. For the 549
purposes of this paragraph (v), "food truck" means a fully encased 550
food service establishment on a motor vehicle or on a trailer that 551
a motor vehicle pulls to transport, and from which a vendor, 552
standing within the frame of the establishment, prepares, cooks, 553
sells and serves food for immediate human consumption. The term 554
"food truck" does not include a food cart that is not motorized. 555
Food trucks shall maintain such distance requirements from 556
schools, churches, kindergartens and funeral homes as are required 557
for on-premises retailer's permittees under this article, and all 558
sales must be made within a valid leisure and recreation district 559
established under Section 67-1-101. Food trucks cannot sell or 560
serve alcoholic beverages unless also offering food prepared and 561
cooked within the food truck, and permittees must maintain a 562
twenty-five percent (25%) food sale revenue requirement based on 563
the food sold from the food truck alone. The hours allowed for 564
sale shall be the same as those for on-premises retailer's 565
permittees in the location. This permit will not be required for 566
the holder of a caterer's permit issued under this article to 567
cater an event as allowed by law. Permittees must provide notice 568
of not less than forty-eight (48) hours to the department of each 569
location at which alcoholic beverages will be sold. 570
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(w) On-premises tobacco permit. An on-premises tobacco 571
permit shall authorize the permittee to sell alcoholic beverages 572
for consumption on the licensed premises. In addition to all 573
other requirements to obtain an alcoholic beverage permit, the 574
permittee must obtain and maintain a tobacco permit issued by the 575
State of Mississippi, and have a capital investment of not less 576
than Five Hundred Thousand Dollars ($500,000.00) in the premises 577
for which the permit is issued. In addition to alcoholic 578
beverages, the permittee is authorized to sell only cigars, 579
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 580
Additionally, seventy-five percent (75%) of the permittee's annual 581
gross revenue must be derived from the sale of cigars, cheroots, 582
tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 583
be required, but food may be sold on the premises. The issuance 584
of this permit does not remove any obligation a permittee may have 585
to follow local ordinances or actions prohibiting the use of 586
tobacco products. 587
(x) Direct wine shipper's permit. A direct wine 588
shipper's permit shall authorize the holder to sell and ship a 589
limited amount of wine directly to residents in this state in 590
accordance with the provisions of Sections 67-1-301 to 67-1-317, 591
without being required to transact the sale and shipment of those 592
wines through the division. 593
(y) Craft spirit retailer's permit. Except as 594
otherwise provided in subsection (5) of this section, a craft 595
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spirit retailer's permit shall be issued only to a holder of a 596
Class 5 manufacturer's permit, and shall authorize the holder 597
thereof to make retail sales of craft spirits to consumers for 598
on-premises consumption or to consumers in originally sealed and 599
unopened containers at an establishment located on the premises of 600
the distillery or at any tasting room location or locations within 601
five (5) miles of the craft distillery. Further, every craft 602
distillery is authorized to have one (1) permanent satellite 603
tasting room sales location in any other location in the state 604
that otherwise allows the sale of alcoholic beverages. When 605
selling to consumers for on-premises consumption, a holder of a 606
craft spirit retailer's permit may sell alcoholic beverages 607
produced by other suppliers. Hours of sale shall be the same as 608
those authorized for on-premises permittees in the city or county 609
in which the craft spirit retailer is located. 610
(2) Except as otherwise provided in subsection (4) of this 611
section, retail permittees may hold more than one (1) retail 612
permit, at the discretion of the department. 613
(3) (a) Except as otherwise provided in this subsection, no 614
authority shall be granted to any person to manufacture, sell or 615
store for sale any intoxicating liquor as specified in this 616
article within four hundred (400) feet of any church, school 617
(excluding any community college, junior college, college or 618
university), kindergarten or funeral home. However, within an 619
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area zoned commercial or business, such minimum distance shall be 620
not less than one hundred (100) feet. 621
(b) A church or funeral home may waive the distance 622
restrictions imposed in this subsection in favor of allowing 623
issuance by the department of a permit, pursuant to subsection (1) 624
of this section, to authorize activity relating to the 625
manufacturing, sale or storage of alcoholic beverages which would 626
otherwise be prohibited under the minimum distance criterion. 627
Such waiver shall be in written form from the owner, the governing 628
body, or the appropriate officer of the church or funeral home 629
having the authority to execute such a waiver, and the waiver 630
shall be filed with and verified by the department before becoming 631
effective. 632
(c) The distance restrictions imposed in this 633
subsection shall not apply to the sale or storage of alcoholic 634
beverages at a bed and breakfast inn listed in the National 635
Register of Historic Places or to the sale or storage of alcoholic 636
beverages in a historic district that is listed in the National 637
Register of Historic Places, is a qualified resort area and is 638
located (i) in a municipality having a population greater than one 639
hundred thousand (100,000) according to the latest federal 640
decennial census, or (ii) in a municipality in which Mississippi 641
Highways 1 and 8 intersect. 642
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(d) The distance restrictions imposed in this 643
subsection shall not apply to the sale or storage of alcoholic 644
beverages at a qualified resort area as defined in Section 645
67-1-5(o)(iii)32. 646
(e) The distance restrictions imposed in this 647
subsection shall not apply to the sale or storage of alcoholic 648
beverages at a licensed premises in a building formerly owned by a 649
municipality and formerly leased by the municipality to a 650
municipal school district and used by the municipal school 651
district as a district bus shop facility. 652
(f) The distance restrictions imposed in this 653
subsection shall not apply to the sale or storage of alcoholic 654
beverages at a licensed premises in a building consisting of at 655
least five thousand (5,000) square feet and located approximately 656
six hundred (600) feet from the intersection of Mississippi 657
Highway 15 and Mississippi Highway 4. 658
(g) The distance restrictions imposed in this 659
subsection shall not apply to the sale or storage of alcoholic 660
beverages at a licensed premises in a building located at or near 661
the intersection of Ward and Tate Streets and adjacent properties 662
in the City of Senatobia, Mississippi. 663
(h) The distance restrictions imposed in this 664
subsection shall not apply to the sale or storage of alcoholic 665
beverages at a theatre facility that features plays and other 666
theatrical performances and productions and (i) is capable of 667
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seating more than seven hundred fifty (750) people, (ii) is owned 668
by a municipality which has a population greater than ten thousand 669
(10,000) according to the latest federal decennial census, (iii) 670
was constructed prior to 1930, (iv) is on the National Register of 671
Historic Places, and (v) is located in a historic district. 672
(i) The distance restrictions imposed in this 673
subsection shall not apply to the sale or storage of alcoholic 674
beverages at a licensed premises in a building located 675
approximately one and six-tenths (1.6) miles north of the 676
intersection of Mississippi Highway 15 and Mississippi Highway 4 677
on the west side of Mississippi Highway 15. 678
(j) The distance restrictions imposed in this 679
subsection shall not apply to the sale or storage of alcoholic 680
beverages at a qualified resort area as defined in Section 681
67-1-5(o)(iii)83. 682
(k) The distance restrictions imposed in this 683
subsection shall not apply to the sale or storage of alcoholic 684
beverages at a qualified resort area as defined in Section 685
67-1-5(o)(iii)84. 686
(4) No person, either individually or as a member of a firm, 687
partnership, limited liability company or association, or as a 688
stockholder, officer or director in a corporation, shall own or 689
control any interest in more than one (1) package retailer's 690
permit, nor shall such person's spouse, if living in the same 691
household of such person, any relative of such person, if living 692
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in the same household of such person, or any other person living 693
in the same household with such person own any interest in any 694
other package retailer's permit; however, in the case of a person 695
holding a package retailer's permit issued before July 1, 2024, 696
such a person may own one (1) additional package retailer's permit 697
if the additional permit is issued for a premises with a minimum 698
capital investment of Twenty Million Dollars ($20,000,000.00) that 699
is part of a major retail development project and located in one 700
(1) of the three (3) most southern counties in the State of 701
Mississippi, and not within one hundred (100) miles of another 702
location in the State of Mississippi, for which the permittee 703
holds such a permit. 704
(5) (a) In addition to any other authority granted under 705
this section, the holder of a permit issued under subsection 706
(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 707
section may sell or otherwise provide alcoholic beverages and/or 708
wine to a patron of the permit holder in the manner authorized in 709
the permit and the patron may remove an open glass, cup or other 710
container of the alcoholic beverage and/or wine from the licensed 711
premises and may possess and consume the alcoholic beverage or 712
wine outside of the licensed premises if: (i) the licensed 713
premises is located within a leisure and recreation district 714
created under Section 67-1-101 and (ii) the patron remains within 715
the boundaries of the leisure and recreation district while in 716
possession of the alcoholic beverage or wine. 717
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ST: Lottery tickets; authorize alcohol package
retailer's permit holders to be lottery
retailers and sell.
(b) Nothing in this subsection shall be construed to 718
allow a person to bring any alcoholic beverages into a permitted 719
premises except to the extent otherwise authorized by this 720
article. 721
(c) Where a permit is issued under subsection (1)(c) to 722
an establishment located in a resort area created by Section 723
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 724
to bring alcoholic beverages into the permitted premises and to 725
possess, store and consume those alcoholic beverages in the 726
permitted premises. 727
SECTION 3. This act shall take effect and be in force from 728
and after July 1, 2026. 729