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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Powell, Hale
HOUSE BILL NO. 669
AN ACT TO AMEND SECTIONS 67-1-301, 67-1-303, 67-1-305, 1
67-1-307, 67-1-309, 67-1-311, 67-1-313 AND 67-1-317, MISSISSIPPI 2
CODE OF 1972, WHICH ARE SECTIONS OF LAW THAT AUTHORIZE AND 3
REGULATE THE SELLING AND SHIPPING OF WINE DIRECTLY TO RESIDENTS OF 4
THIS STATE, TO AUTHORIZE THE SELLING AND SHIPPING OF DISTILLED 5
SPIRITS DIRECTLY TO RESIDENTS OF THIS STATE UNDER SIMILAR 6
REGULATION; TO REVISE THE DEFINITIONS OF CERTAIN TERMS AND TO 7
DEFINE THE TERM "DISTILLED SPIRITS" FOR THE PURPOSES OF SUCH 8
SECTIONS OF LAW; TO AMEND SECTIONS 27-71-5 AND 27-71-7, 9
MISSISSIPPI CODE OF 1972, TO PROVIDE THE PRIVILEGE TAX REQUIRED 10
FOR THE ISSUANCE OF A DIRECT SHIPPER'S PERMIT INSTEAD OF THE 11
ISSUANCE OF A DIRECT WINE SHIPPER'S PERMIT; TO LEVY A TAX ON THE 12
SALES AND SHIPMENTS OF DISTILLED SPIRITS MADE BY A DIRECT SHIPPER; 13
TO AMEND SECTIONS 27-71-15, 67-1-45, 67-1-51, 67-1-53, 67-1-55, 14
67-1-57 AND 67-1-73, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO 15
THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 67-1-301, Mississippi Code of 1972, is 18
amended as follows: 19
67-1-301. As used in this article, the following words shall 20
have the meanings as defined in this section unless the context 21
otherwise requires: 22
(a) "Common carrier" means a person that holds itself 23
out to the general public as engaged in the business of 24
transporting goods for a fee and is engaged in the business of 25
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transporting and delivering * * * wine and/or distilled spirits 26
from a direct * * * shipper directly to a consumer or fulfillment 27
provider, or from a fulfillment provider to a consumer, in this 28
state. 29
(b) "Department" means the Department of Revenue. 30
(c) "Direct * * * shipper" means a wine and/or 31
distilled spirits manufacturer or a fulfillment provider that 32
holds a direct * * * shipper's permit under Section 67-1-51 and 33
meets the requirements of this article. 34
(d) "Fulfillment provider" means a person or entity 35
acting on behalf of a direct * * * shipper to ship wine and/or 36
distilled spirits to a consumer and arranges for transport of wine 37
and/or distilled spirits to the consumer by a common carrier. 38
(e) "Wine" means any product obtained from the 39
alcoholic fermentation of the juice of sound, ripe grapes, fruits 40
or berries, made in accordance with the revenue laws of the United 41
States, and containing more than five percent (5%) of alcohol by 42
weight. 43
(f) "Distilled spirits" means any beverage containing 44
more than six percent (6%) of alcohol by weight produced by 45
distillation of fermented grain, starch, molasses or sugar, 46
including dilutions and mixtures of these beverages. 47
In addition, the definitions in Section 67-1-5 shall apply to 48
the terms used in this article, unless the context requires 49
otherwise. 50
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SECTION 2. Section 67-1-303, Mississippi Code of 1972, is 51
amended as follows: 52
67-1-303. A person must hold a direct * * * shipper's permit 53
before the person may engage in selling and shipping wine and/or 54
distilled spirits directly to a resident in this state. A 55
direct * * * shipper may sell and ship wine and/or distilled 56
spirits directly to residents in this state without being required 57
to transact the sale and shipment through the division. 58
SECTION 3. Section 67-1-305, Mississippi Code of 1972, is 59
amended as follows: 60
67-1-305. To qualify for a direct * * * shipper's permit, an 61
applicant shall be: 62
(a) A holder of a Class 1, Class 2 or Class 3 63
manufacturer's permit issued in accordance with Section 67-1-51; 64
or 65
(b) A person licensed or permitted outside of this 66
state to engage in the activity of manufacturing wine and/or 67
distilled spirits. 68
SECTION 4. Section 67-1-307, Mississippi Code of 1972, is 69
amended as follows: 70
67-1-307. (1) An applicant for a direct * * * shipper's 71
permit shall: 72
(a) Submit to the department a completed application on 73
a form provided by the department, containing all information that 74
is required by the department; 75
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(b) Provide to the department a copy of the applicant's 76
current license or permit to engage in the activity of 77
manufacturing wine and/or distilled spirits issued in this or any 78
other state; and 79
(c) Pay to the department the tax prescribed in Section 80
27-71-5. 81
(2) After a person complies with the provisions of 82
subsection (1) of this section, the department may conduct any 83
investigation as it considers necessary regarding the issuance of 84
a direct * * * shipper's permit, and the department shall issue 85
such permit to the applicant if the requirements of this article 86
are met. 87
SECTION 5. Section 67-1-309, Mississippi Code of 1972, is 88
amended as follows: 89
67-1-309. (1) A direct * * * shipper shall: 90
(a) Ensure that all containers of wine and/or distilled 91
spirits sold and shipped directly to a resident in this state are 92
conspicuously labeled with the words "CONTAINS ALCOHOL: SIGNATURE 93
OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY"; 94
(b) Report to the department quarterly the total amount 95
of wine and/or distilled spirits, by type, sold and shipped into 96
or within the state the preceding calendar year, and other 97
information required by the department under its rules and 98
regulations adopted pursuant to Section 67-1-315; 99
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(c) Maintain for at least three (3) years all records 100
that allow the department to ascertain the truthfulness of the 101
information filed under this article; 102
(d) Allow the department to perform an audit of the 103
direct * * * shipper's records upon request; and 104
(e) Be deemed to have consented to the jurisdiction of 105
the department or any other state agency and the state courts 106
concerning enforcement of this article and any related laws, rules 107
or regulations. 108
(2) A direct * * * shipper shall not: 109
(a) Sell or ship any light wine or beer that is 110
regulated under Section 67-3-1 et seq. or any alcoholic beverage 111
other than wine and/or distilled spirits; 112
(b) Sell or ship wine and/or distilled spirits that is 113
contracted through Mississippi distributors, brokers, and 114
solicitors within the state. Wines and/or distilled spirits which 115
are very limited in quantity and are commonly referred to by the 116
broker as highly allocated items noted as "Allocated Item - See 117
Broker" on the TAP Alcoholic Beverage Control Division of the 118
Department of Revenue website are eligible for sale at a package 119
retailer and also through direct shipment by a direct shipper; or 120
(c) Sell or ship more than twelve (12) nine–liter cases 121
of wine and/or distilled spirits annually to any one (1) address. 122
SECTION 6. Section 67-1-311, Mississippi Code of 1972, is 123
amended as follows: 124
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67-1-311. A direct * * * shipper may annually renew his or 125
her direct * * * shipper's permit, if the direct * * * shipper: 126
(a) Is otherwise entitled to receive a direct * * * 127
shipper's permit; 128
(b) Provides to the department a copy of his or her 129
current license or permit to engage in the activity of 130
manufacturing wine and/or distilled spirits issued in this or any 131
other state; and 132
(c) Pays to the department a renewal fee as prescribed 133
in Section 27-71-5. 134
SECTION 7. Section 67-1-313, Mississippi Code of 1972, is 135
amended as follows: 136
67-1-313. (1) To purchase and receive a direct shipment of 137
wine and/or distilled spirits from a direct * * * shipper, a 138
resident of this state must be at least twenty-one (21) years of 139
age, and a person who is at least twenty-one (21) years of age 140
must sign for any wine and/or distilled spirits shipped from a 141
direct * * * shipper. 142
(2) A shipment of wine and/or distilled spirits may be 143
ordered or purchased from a direct * * * shipper through a 144
computer network. 145
(3) A person who receives a direct shipment of wine and/or 146
distilled spirits from a direct * * * shipper shall use the wine 147
and/or distilled spirits for personal consumption only and may not 148
resell it. 149
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SECTION 8. Section 67-1-317, Mississippi Code of 1972, is 150
amended as follows: 151
67-1-317. (1) Any person who makes, participates in, 152
transports, imports or receives a sale or shipment of wine and/or 153
distilled spirits in violation of this article shall be subject to 154
a civil penalty not exceeding One Thousand Dollars ($1,000.00). 155
Each sale or shipment in violation of this article shall 156
constitute a separate offense subject to the civil penalty. 157
(2) If any holder of a direct * * * shipper's permit 158
violates any provision of this article, the department may suspend 159
or revoke the permit and impose civil penalties as authorized 160
under Section 67-1-1 et seq. 161
(3) Notwithstanding subsection (1) of this section, a 162
consumer who receives a direct shipment of wine and/or distilled 163
spirits in compliance with the conditions in this article, and who 164
is of legal age as specified in Section 67-1-313, shall not be 165
subject to penalties under this section for merely receiving such 166
a shipment. This exemption applies if the consumer reasonably 167
believes the shipment is in accordance with the permits and 168
regulatory requirements established by the state. 169
SECTION 9. Section 27-71-5, Mississippi Code of 1972, is 170
amended as follows: 171
27-71-5. (1) Upon each person approved for a permit under 172
the provisions of the Alcoholic Beverage Control Law and 173
amendments thereto, there is levied and imposed for each location 174
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for the privilege of engaging and continuing in this state in the 175
business authorized by such permit, an annual privilege license 176
tax in the amount provided in the following schedule: 177
(a) Except as otherwise provided in this subsection 178
(1), manufacturer's permit, Class 1, distiller's and/or 179
rectifier's: 180
(i) For a permittee with annual production of 181
five thousand (5,000) gallons or more.................... $4,500.00 182
(ii) For a permittee with annual production under 183
five thousand (5,000) gallons............................ $2,800.00 184
(b) Manufacturer's permit, Class 2, wine 185
manufacturer............................................. $1,800.00 186
(c) Manufacturer's permit, Class 3, native wine 187
manufacturer per ten thousand (10,000) gallons or part thereof 188
produced................................................. $ 10.00 189
(d) Manufacturer's permit, Class 4, native spirit 190
manufacturer per one thousand (1,000) gallons or part thereof 191
produced................................................. $ 300.00 192
(e) Native wine retailer's permit............. $ 50.00 193
(f) Package retailer's permit, each........... $ 900.00 194
(g) On-premises retailer's permit, except for clubs and 195
common carriers, each.................................... $ 450.00 196
(h) On-premises retailer's permit for wine of more than 197
five percent (5%) alcohol by weight, but not more than twenty-one 198
percent (21%) alcohol by weight, each.................... $ 225.00 199
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(i) On-premises retailer's permit for clubs... $ 225.00 200
(j) On-premises retailer's permit for common carriers, 201
per car, plane, or other vehicle......................... $ 120.00 202
(k) Solicitor's permit, regardless of any other 203
provision of law, solicitor's permits shall be issued only in the 204
discretion of the department............................. $ 100.00 205
(l) Filing fee for each application except for an 206
employee identification card............................. $ 25.00 207
(m) Temporary permit, Class 1, each........... $ 10.00 208
(n) Temporary permit, Class 2, each........... $ 50.00 209
(o) (i) Caterer's permit..................... $ 600.00 210
(ii) Caterer's permit for holders of on-premises 211
retailer's permit........................................ $ 150.00 212
(p) Research permit........................... $ 100.00 213
(q) Temporary permit, Class 3 (wine only)..... $ 10.00 214
(r) Special service permit.................... $ 225.00 215
(s) Merchant permit........................... $ 225.00 216
(t) Temporary alcoholic beverages charitable auction 217
permit................................................... $ 10.00 218
(u) Event venue retailer's permit............. $ 225.00 219
(v) Temporary theatre permit, each............ $ 10.00 220
(w) Charter ship operator's permit............ $ 100.00 221
(x) Distillery retailer's permit.............. $ 450.00 222
(y) Festival permit.......................... $ 10.00 223
(z) Charter vessel operator's permit.......... $ 100.00 224
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(aa) Native or craft spirit retailer's permit, 225
each..................................................... $ 50.00 226
(ab) Delivery service permit.................. $ 500.00 227
(ac) Food truck permit........................ $ 100.00 228
(ad) On-premises tobacco permit............... $ 450.00 229
(ae) Direct * * * shipper's permit............ $ 100.00 230
(af) Wine and/or distilled spirits fulfillment 231
provider's permit........................................ $ 100.00 232
(ag) Manufacturer's permit, Class 5, craft spirit 233
manufacturer per one thousand (1,000) gallons or part thereof 234
produced * * *.......................................... $ 300.00, 235
but not to exceed $3,000.00. 236
In addition to the filing fee imposed by paragraph (l) of 237
this subsection, a fee to be determined by the Department of 238
Revenue may be charged to defray costs incurred to process 239
applications. The additional fees shall be paid into the State 240
Treasury to the credit of a special fund account, which is hereby 241
created, and expenditures therefrom shall be made only to defray 242
the costs incurred by the Department of Revenue in processing 243
alcoholic beverage applications. Any unencumbered balance 244
remaining in the special fund account on June 30 of any fiscal 245
year shall lapse into the State General Fund. 246
All privilege taxes imposed by this section shall be paid in 247
advance of doing business. A new permittee whose privilege tax is 248
determined by production volume will pay the tax for the first 249
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year in accordance with department regulations. The additional 250
privilege tax imposed for an on-premises retailer's permit based 251
upon purchases shall be due and payable on demand. 252
Paragraph (y) of this subsection shall stand repealed from 253
and after July 1, 2026. 254
(2) (a) There is imposed and shall be collected from each 255
permittee, except a common carrier, solicitor, temporary 256
permittee, delivery service permittee or direct wine shipper's 257
permittee, by the department, an additional license tax equal to 258
the amounts imposed under subsection (1) of this section for the 259
privilege of doing business within any municipality or county in 260
which the licensee is located. 261
(b) (i) In addition to the tax imposed in paragraph 262
(a) of this subsection, there is imposed and shall be collected by 263
the department from each permittee described in subsection (1)(g), 264
(h), (i), (n) and (u) of this section, an additional license tax 265
for the privilege of doing business within any municipality or 266
county in which the licensee is located in the amount of Two 267
Hundred Twenty-five Dollars ($225.00) on purchases exceeding Five 268
Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars 269
($225.00) for each additional purchase of Five Thousand Dollars 270
($5,000.00), or fraction thereof. 271
(ii) In addition to the tax imposed in paragraph 272
(a) of this subsection, there is imposed and shall be collected by 273
the department from each permittee described in subsection (1)(o) 274
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and (s) of this section, an additional license tax for the 275
privilege of doing business within any municipality or county in 276
which the licensee is located in the amount of Two Hundred Fifty 277
Dollars ($250.00) on purchases exceeding Five Thousand Dollars 278
($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each 279
additional purchase of Five Thousand Dollars ($5,000.00), or 280
fraction thereof. 281
(iii) Any person who has paid the additional 282
privilege license tax imposed by this paragraph, and whose permit 283
is renewed, may add any unused fraction of Five Thousand Dollars 284
($5,000.00) purchases to the first Five Thousand Dollars 285
($5,000.00) purchases authorized by the renewal permit, and no 286
additional license tax will be required until purchases exceed the 287
sum of the two (2) figures. 288
(c) If the licensee is located within a municipality, 289
the department shall pay the amount of additional license tax 290
collected under this section to the municipality, and if outside a 291
municipality the department shall pay the additional license tax 292
to the county in which the licensee is located. Payments by the 293
department to the respective local government subdivisions shall 294
be made once each month for any collections during the preceding 295
month. 296
(3) When an application for any permit, other than for 297
renewal of a permit, has been rejected by the department, such 298
decision shall be final. Appeal may be made in the manner 299
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provided by Section 67-1-39. Another application from an 300
applicant who has been denied a permit shall not be reconsidered 301
within a twelve-month period. 302
(4) The number of permits issued by the department shall not 303
be restricted or limited on a population basis; however, the 304
foregoing limitation shall not be construed to preclude the right 305
of the department to refuse to issue a permit because of the 306
undesirability of the proposed location. 307
(5) If any person shall engage or continue in any business 308
which is taxable under this section without having paid the tax as 309
provided in this section, the person shall be liable for the full 310
amount of the tax plus a penalty thereon equal to the amount 311
thereof, and, in addition, shall be punished by a fine of not more 312
than One Thousand Dollars ($1,000.00), or by imprisonment in the 313
county jail for a term of not more than six (6) months, or by both 314
such fine and imprisonment, in the discretion of the court. 315
(6) It shall be unlawful for any person to consume alcoholic 316
beverages on the premises of any hotel restaurant, restaurant, 317
club or the interior of any public place defined in Chapter 1, 318
Title 67, Mississippi Code of 1972, when the owner or manager 319
thereof displays in several conspicuous places inside the 320
establishment and at the entrances of establishment a sign 321
containing the following language: NO ALCOHOLIC BEVERAGES 322
ALLOWED. 323
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SECTION 10. Section 27-71-7, Mississippi Code of 1972, is 324
amended as follows: 325
27-71-7. (1) There is hereby levied and assessed an excise 326
tax upon each case of alcoholic beverages sold by the department 327
to be collected from each retail licensee at the time of sale in 328
accordance with the following schedule: 329
(a) Distilled spirits.................. $2.50 per gallon 330
(b) Sparkling wine and champagne....... $1.00 per gallon 331
(c) Other wines, including native 332
wines............................................. $ .35 per gallon 333
(2) (a) In addition to the tax levied by subsection (1) of 334
this section, and in addition to any other markup collected, the 335
division shall collect a markup of three percent (3%) on all 336
alcoholic beverages, as defined in Section 67-1-5, Mississippi 337
Code of 1972, which are sold by the division. The proceeds of the 338
markup shall be collected by the division from each purchaser at 339
the time of purchase. 340
(b) Until June 30, 1987, the revenue derived from this 341
three percent (3%) markup shall be deposited by the division in 342
the State Treasury to the credit of the "Alcoholism Treatment and 343
Rehabilitation Fund," a special fund which is hereby created in 344
the State Treasury, and shall be used by the Division of Alcohol 345
and Drug Abuse of the State Department of Mental Health and public 346
or private centers or organizations solely for funding of 347
treatment and rehabilitation programs for alcoholics and alcohol 348
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abusers which are sponsored by the division or public or private 349
centers or organizations in such amounts as the Legislature may 350
appropriate to the division for use by the division or public or 351
private centers or organizations for such programs. Any tax 352
revenue in the fund which is not encumbered at the end of the 353
fiscal year shall lapse to the General Fund. It is the intent of 354
the Legislature that the State Department of Mental Health shall 355
continue to seek funds from other sources and shall use the funds 356
appropriated for the purposes of this section and Section 27-71-29 357
to match all federal funds which may be available for alcoholism 358
treatment and rehabilitation. 359
From and after July 1, 1987, the revenue derived from this 360
three percent (3%) markup shall be deposited by the division in 361
the State Treasury to the credit of the "Mental Health Programs 362
Fund," a special fund which is hereby created in the State 363
Treasury and shall be used by the State Department of Mental 364
Health for the service programs of the department. Any revenue in 365
the "Alcoholism Treatment and Rehabilitation Fund" which is not 366
encumbered at the end of Fiscal Year 1987 shall be deposited to 367
the credit of the "Mental Health Programs Fund." 368
(3) There is levied and assessed upon the holder of a 369
direct * * * shipper's permit, a tax in the amount of fifteen and 370
one-half percent (15.5%) of the sales price of each sale and 371
shipment of wine and/or distilled spirits made to a resident in 372
this state. The holder of a direct * * * shipper's permit shall 373
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file a monthly report with the department along with a copy of the 374
invoice for each sale and shipment of wine and/or distilled 375
spirits and remit any taxes due; however, no report shall be 376
required for months in which no sales or shipments were made into 377
this state. The report, together with copies of the invoices and 378
the payment of all taxes, shall be filed with the department not 379
later than the twentieth day of the month following the month in 380
which the shipment was made. Permittees who fail to timely file 381
and pay taxes as required by this subsection shall pay a late fee 382
in the amount of Fifty Dollars ($50.00), in addition to any other 383
penalty authorized by this article. 384
SECTION 11. Section 27-71-15, Mississippi Code of 1972, is 385
amended as follows: 386
27-71-15. Except as otherwise provided in Section 67-9-1 for 387
the transportation of limited amounts of alcoholic beverages for 388
the use of an alcohol processing permittee, and in Sections 389
67-1-301 to 67-1-317 for the sale and shipment of wine and/or 390
distilled spirits by the holder of a direct * * * shipper's 391
permit, if transportation requires passage through a county which 392
has not authorized the sale of alcoholic beverages, such 393
transportation shall be by a sealed vehicle. Such seal shall 394
remain unbroken until the vehicle shall reach the place of 395
business operated by the permittee. The operator of any vehicle 396
transporting alcoholic beverages shall have in his possession an 397
invoice issued by the department at the time of the wholesale sale 398
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covering the merchandise transported by the vehicle. The 399
department is authorized to issue regulations controlling the 400
transportation of alcoholic beverages. 401
When the restrictions imposed by this section and by the 402
regulation of the department have not been violated, the person 403
transporting alcoholic beverages through a county wherein the sale 404
of alcoholic beverages is prohibited shall not be guilty of 405
unlawful possession and such merchandise shall be immune from 406
seizure. 407
SECTION 12. Section 67-1-45, Mississippi Code of 1972, is 408
amended as follows: 409
67-1-45. No manufacturer, rectifier or distiller of 410
alcoholic beverages shall sell or attempt to sell any such 411
alcoholic beverages, except malt liquor, within the State of 412
Mississippi, except to the department, or as provided in Section 413
67-1-41, or pursuant to Section 67-1-51. A producer of native 414
wine, native spirit, or craft spirit may sell native wines, native 415
spirits, or craft spirits, respectively, to the department or to 416
consumers at the location of the native winery, native distillery, 417
craft distillery, or its other tasting room locations. The holder 418
of a direct * * * shipper's permit may sell wines and/or distilled 419
spirits directly to residents in this state as authorized by 420
Sections 67-1-301 through 67-1-317. 421
Any violation of this section by any manufacturer, rectifier 422
or distiller shall be punished by a fine of not less than Five 423
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Hundred Dollars ($500.00), and not more than Two Thousand Dollars 424
($2,000.00), to which may be added imprisonment in the county jail 425
not to exceed six (6) months. 426
SECTION 13. Section 67-1-51, Mississippi Code of 1972, is 427
amended as follows: 428
67-1-51. (1) Permits which may be issued by the department 429
shall be as follows: 430
(a) Manufacturer's permit. A manufacturer's permit 431
shall permit the manufacture, importation in bulk, bottling and 432
storage of alcoholic liquor and its distribution and sale to 433
manufacturers holding permits under this article in this state and 434
to persons outside the state who are authorized by law to purchase 435
the same, and to sell as provided by this article. 436
Manufacturer's permits shall be of the following classes: 437
Class 1. Distiller's and/or rectifier's permit, which shall 438
authorize the holder thereof to operate a distillery for the 439
production of distilled spirits by distillation or redistillation 440
and/or to operate a rectifying plant for the purifying, refining, 441
mixing, blending, flavoring or reducing in proof of distilled 442
spirits and alcohol. 443
Class 2. Wine manufacturer's permit, which shall authorize 444
the holder thereof to manufacture, import in bulk, bottle and 445
store wine or vinous liquor. 446
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Class 3. Native wine producer's permit, which shall 447
authorize the holder thereof to produce, bottle, store and sell 448
native wines. 449
Class 4. Native spirit producer's permit, which shall 450
authorize the holder thereof to produce, bottle, store and sell 451
native spirits. 452
Class 5. Craft spirit producer's permit, which shall 453
authorize the holder thereof to perform any act or thing in the 454
process of making craft spirit, including the manufacture, 455
importation, bottling, and storage of alcoholic liquor and its 456
sale. 457
(b) Package retailer's permit. Except as otherwise 458
provided in this paragraph and Section 67-1-52, a package 459
retailer's permit shall authorize the holder thereof to operate a 460
store exclusively for the sale at retail in original sealed and 461
unopened packages of alcoholic beverages, including native wines, 462
native spirits, craft spirits, and edibles, not to be consumed on 463
the premises where sold. Alcoholic beverages shall not be sold by 464
any retailer in any package or container containing less than 465
fifty (50) milliliters by liquid measure. A package retailer's 466
permit, with prior approval from the department, shall authorize 467
the holder thereof to sample new product furnished by a 468
manufacturer's representative or his employees at the permitted 469
place of business so long as the sampling otherwise complies with 470
this article and applicable department regulations. Such samples 471
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may not be provided to customers at the permitted place of 472
business. In addition to the sale at retail of packages of 473
alcoholic beverages, the holder of a package retailer's permit is 474
authorized to sell at retail corkscrews, wine glasses, soft 475
drinks, ice, juices, mixers, other beverages commonly used to mix 476
with alcoholic beverages, and fruits and foods that have been 477
submerged in alcohol and are commonly referred to as edibles. 478
Nonalcoholic beverages sold by the holder of a package retailer's 479
permit shall not be consumed on the premises where sold. 480
(c) On-premises retailer's permit. Except as otherwise 481
provided in subsection (5) of this section, an on-premises 482
retailer's permit shall authorize the sale of alcoholic beverages, 483
including native wines, native spirits, and craft spirits, for 484
consumption on the licensed premises only; however, a patron of 485
the permit holder may remove one (1) bottle of wine from the 486
licensed premises if: (i) the patron consumed a portion of the 487
bottle of wine in the course of consuming a meal purchased on the 488
licensed premises; (ii) the permit holder securely reseals the 489
bottle; (iii) the bottle is placed in a bag that is secured in a 490
manner so that it will be visibly apparent if the bag is opened; 491
and (iv) a dated receipt for the wine and the meal is available. 492
Additionally, as part of a carryout order, a permit holder may 493
sell one (1) bottle of wine to be removed from the licensed 494
premises for every two (2) entrees ordered. In addition, an 495
on-premises retailer's permittee at a permitted premises located 496
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on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 497
Highway 90 may serve alcoholic beverages by the glass to a patron 498
in a vehicle using a drive-through method of delivery if the 499
permitted premises is located in a leisure and recreation district 500
established under Section 67-1-101. Such a sale will be 501
considered to be made on the permitted premises. An on-premises 502
retailer's permit shall be issued only to qualified hotels, 503
restaurants and clubs, small craft breweries, microbreweries, and 504
to common carriers with adequate facilities for serving 505
passengers. In resort areas, however, whether inside or outside 506
of a municipality, the department, in its discretion, may issue 507
on-premises retailer's permits to any establishments located 508
therein as it deems proper. An on-premises retailer's permit when 509
issued to a common carrier shall authorize the sale and serving of 510
alcoholic beverages aboard any licensed vehicle while moving 511
through any county of the state; however, the sale of such 512
alcoholic beverages shall not be permitted while such vehicle is 513
stopped in a county that has not legalized such sales. If an 514
on-premises retailer's permit is applied for by a common carrier 515
operating solely in the water, such common carrier must, along 516
with all other qualifications for a permit, (i) be certified to 517
carry at least one hundred fifty (150) passengers and/or provide 518
overnight accommodations for at least fifty (50) passengers and 519
(ii) operate primarily in the waters within the State of 520
Mississippi which lie adjacent to the State of Mississippi south 521
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of the three (3) most southern counties in the State of 522
Mississippi and/or on the Mississippi River or navigable waters 523
within any county bordering on the Mississippi River. 524
(d) Solicitor's permit. A solicitor's permit shall 525
authorize the holder thereof to act as salesman for a manufacturer 526
or wholesaler holding a proper permit, to solicit on behalf of his 527
employer orders for alcoholic beverages, and to otherwise promote 528
his employer's products in a legitimate manner. Such a permit 529
shall authorize the representation of and employment by one (1) 530
principal only. However, the permittee may also, in the 531
discretion of the department, be issued additional permits to 532
represent other principals. No such permittee shall buy or sell 533
alcoholic beverages for his own account, and no such beverage 534
shall be brought into this state in pursuance of the exercise of 535
such permit otherwise than through a permit issued to a wholesaler 536
or manufacturer in the state. 537
(e) Native wine retailer's permit. Except as otherwise 538
provided in subsection (5) of this section, a native wine 539
retailer's permit shall be issued only to a holder of a Class 3 540
manufacturer's permit, and shall authorize the holder thereof to 541
make retail sales of native wines to consumers for on-premises 542
consumption or to consumers in originally sealed and unopened 543
containers at an establishment located on the premises of or in 544
the immediate vicinity of a native winery. When selling to 545
consumers for on-premises consumption, a holder of a native wine 546
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retailer's permit may add to the native wine alcoholic beverages 547
not produced on the premises, so long as the total volume of 548
foreign beverage components does not exceed twenty percent (20%) 549
of the mixed beverage. Hours of sale shall be the same as those 550
authorized for on-premises permittees in the city or county in 551
which the native wine retailer is located. 552
(f) Temporary retailer's permit. Except as otherwise 553
provided in subsection (5) of this section, a temporary retailer's 554
permit shall permit the purchase and resale of alcoholic 555
beverages, including native wines and native spirits, during legal 556
hours on the premises described in the temporary permit only. 557
Temporary retailer's permits shall be of the following 558
classes: 559
Class 1. A temporary one-day permit may be issued to bona 560
fide nonprofit civic or charitable organizations authorizing the 561
sale of alcoholic beverages, including native wine, native 562
spirits, and craft spirits, for consumption on the premises 563
described in the temporary permit only. Class 1 permits may be 564
issued only to applicants demonstrating to the department, by a 565
statement signed under penalty of perjury submitted ten (10) days 566
prior to the proposed date or such other time as the department 567
may determine, that they meet the qualifications of Sections 568
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 569
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 570
alcoholic beverages from package retailers located in the county 571
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in which the temporary permit is issued. Alcoholic beverages 572
remaining in stock upon expiration of the temporary permit may be 573
returned by the permittee to the package retailer for a refund of 574
the purchase price upon consent of the package retailer or may be 575
kept by the permittee exclusively for personal use and 576
consumption, subject to all laws pertaining to the illegal sale 577
and possession of alcoholic beverages. The department, following 578
review of the statement provided by the applicant and the 579
requirements of the applicable statutes and regulations, may issue 580
the permit. 581
Class 2. A temporary permit, not to exceed seventy (70) 582
days, may be issued to prospective permittees seeking to transfer 583
a permit authorized in paragraph (c) of this subsection. A Class 584
2 permit may be issued only to applicants demonstrating to the 585
department, by a statement signed under the penalty of perjury, 586
that they meet the qualifications of Sections 67-1-5(l), (m), (n), 587
(o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 588
67-1-59. The department, following a preliminary review of the 589
statement provided by the applicant and the requirements of the 590
applicable statutes and regulations, may issue the permit. 591
Class 2 temporary permittees must purchase their alcoholic 592
beverages directly from the department or, with approval of the 593
department, purchase the remaining stock of the previous 594
permittee. If the proposed applicant of a Class 1 or Class 2 595
temporary permit falsifies information contained in the 596
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application or statement, the applicant shall never again be 597
eligible for a retail alcohol beverage permit and shall be subject 598
to prosecution for perjury. 599
Class 3. A temporary one-day permit may be issued to a 600
retail establishment authorizing the complimentary distribution of 601
wine, including native wine, to patrons of the retail 602
establishment at an open house or promotional event, for 603
consumption only on the premises described in the temporary 604
permit. A Class 3 permit may be issued only to an applicant 605
demonstrating to the department, by a statement signed under 606
penalty of perjury submitted ten (10) days before the proposed 607
date or such other time as the department may determine, that it 608
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 609
and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 610
A Class 3 permit holder shall obtain all alcoholic beverages from 611
the holder(s) of a package retailer's permit located in the county 612
in which the temporary permit is issued. Wine remaining in stock 613
upon expiration of the temporary permit may be returned by the 614
Class 3 temporary permit holder to the package retailer for a 615
refund of the purchase price, with consent of the package 616
retailer, or may be kept by the Class 3 temporary permit holder 617
exclusively for personal use and consumption, subject to all laws 618
pertaining to the illegal sale and possession of alcoholic 619
beverages. The department, following review of the statement 620
provided by the applicant and the requirements of the applicable 621
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statutes and regulations, may issue the permit. No retailer may 622
receive more than twelve (12) Class 3 temporary permits in a 623
calendar year. A Class 3 temporary permit shall not be issued to 624
a retail establishment that either holds a merchant permit issued 625
under paragraph (l) of this subsection, or holds a permit issued 626
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 627
the holder to engage in the business of a retailer of light wine 628
or beer. 629
(g) Caterer's permit. A caterer's permit shall permit 630
the purchase of alcoholic beverages by a person engaging in 631
business as a caterer and the resale of alcoholic beverages by 632
such person in conjunction with such catering business. No person 633
shall qualify as a caterer unless forty percent (40%) or more of 634
the revenue derived from such catering business shall be from the 635
serving of prepared food and not from the sale of alcoholic 636
beverages and unless such person has obtained a permit for such 637
business from the Department of Health. A caterer's permit shall 638
not authorize the sale of alcoholic beverages on the premises of 639
the person engaging in business as a caterer; however, the holder 640
of an on-premises retailer's permit may hold a caterer's permit. 641
When the holder of an on-premises retailer's permit or an 642
affiliated entity of the holder also holds a caterer's permit, the 643
caterer's permit shall not authorize the service of alcoholic 644
beverages on a consistent, recurring basis at a separate, fixed 645
location owned or operated by the caterer, on-premises retailer or 646
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affiliated entity and an on-premises retailer's permit shall be 647
required for the separate location. All sales of alcoholic 648
beverages by holders of a caterer's permit shall be made at the 649
location being catered by the caterer, and, except as otherwise 650
provided in subsection (5) of this section, such sales may be made 651
only for consumption at the catered location. The location being 652
catered may be anywhere within a county or judicial district that 653
has voted to come out from under the dry laws or in which the sale 654
and distribution of alcoholic beverages is otherwise authorized by 655
law. Such sales shall be made pursuant to any other conditions 656
and restrictions which apply to sales made by on-premises retail 657
permittees. The holder of a caterer's permit or his employees 658
shall remain at the catered location as long as alcoholic 659
beverages are being sold pursuant to the permit issued under this 660
paragraph (g), and the permittee shall have at the location the 661
identification card issued by the division. No unsold alcoholic 662
beverages may be left at the catered location by the permittee 663
upon the conclusion of his business at that location. Appropriate 664
law enforcement officers and division personnel may enter a 665
catered location on private property in order to enforce laws 666
governing the sale or serving of alcoholic beverages. 667
(h) Research permit. A research permit shall authorize 668
the holder thereof to operate a research facility for the 669
professional research of alcoholic beverages. Such permit shall 670
authorize the holder of the permit to import and purchase limited 671
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amounts of alcoholic beverages from the department or from 672
importers, wineries and distillers of alcoholic beverages for 673
professional research. 674
(i) Alcohol processing permit. An alcohol processing 675
permit shall authorize the holder thereof to purchase, transport 676
and possess alcoholic beverages for the exclusive use in cooking, 677
processing or manufacturing products which contain alcoholic 678
beverages as an integral ingredient. An alcohol processing permit 679
shall not authorize the sale of alcoholic beverages on the 680
premises of the person engaging in the business of cooking, 681
processing or manufacturing products which contain alcoholic 682
beverages. The amounts of alcoholic beverages allowed under an 683
alcohol processing permit shall be set by the department. 684
(j) Hospitality cart permit. A hospitality cart permit 685
shall authorize the sale of alcoholic beverages from a mobile cart 686
on a golf course that is the holder of an on-premises retailer's 687
permit. The alcoholic beverages sold from the cart must be 688
consumed within the boundaries of the golf course. 689
(k) Special service permit. A special service permit 690
shall authorize the holder to sell commercially sealed alcoholic 691
beverages to the operator of a commercial or private aircraft for 692
en route consumption only by passengers. A special service permit 693
shall be issued only to a fixed-base operator who contracts with 694
an airport facility to provide fueling and other associated 695
services to commercial and private aircraft. 696
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(l) Merchant permit. Except as otherwise provided in 697
subsection (5) of this section, a merchant permit shall be issued 698
only to the owner of a spa facility, an art studio or gallery, or 699
a cooking school, and shall authorize the holder to serve 700
complimentary by the glass wine only, including native wine, at 701
the holder's spa facility, art studio or gallery, or cooking 702
school. A merchant permit holder shall obtain all wine from the 703
holder of a package retailer's permit. 704
(m) Temporary alcoholic beverages charitable auction 705
permit. A temporary permit, not to exceed five (5) days, may be 706
issued to a qualifying charitable nonprofit organization that is 707
exempt from taxation under Section 501(c)(3) or (4) of the 708
Internal Revenue Code of 1986. The permit shall authorize the 709
holder to sell alcoholic beverages for the limited purpose of 710
raising funds for the organization during a live or silent auction 711
that is conducted by the organization and that meets the following 712
requirements: (i) the auction is conducted in an area of the 713
state where the sale of alcoholic beverages is authorized; (ii) if 714
the auction is conducted on the premises of an on-premises 715
retailer's permit holder, then the alcoholic beverages to be 716
auctioned must be stored separately from the alcoholic beverages 717
sold, stored or served on the premises, must be removed from the 718
premises immediately following the auction, and may not be 719
consumed on the premises; (iii) the permit holder may not conduct 720
more than two (2) auctions during a calendar year; (iv) the permit 721
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holder may not pay a commission or promotional fee to any person 722
to arrange or conduct the auction. 723
(n) Event venue retailer's permit. An event venue 724
retailer's permit shall authorize the holder thereof to purchase 725
and resell alcoholic beverages, including native wines, native 726
spirits, and craft spirits, for consumption on the premises during 727
legal hours during events held on the licensed premises if food is 728
being served at the event by a caterer who is not affiliated with 729
or related to the permittee. The caterer must serve at least 730
three (3) entrees. The permit may only be issued for venues that 731
can accommodate two hundred (200) persons or more. The number of 732
persons a venue may accommodate shall be determined by the local 733
fire department and such determination shall be provided in 734
writing and submitted along with all other documents required to 735
be provided for an on-premises retailer's permit. The permittee 736
must derive the majority of its revenue from event-related fees, 737
including, but not limited to, admission fees or ticket sales for 738
live entertainment in the building. "Event-related fees" do not 739
include alcohol, beer or light wine sales or any fee which may be 740
construed to cover the cost of alcohol, beer or light wine. This 741
determination shall be made on a per event basis. An event may 742
not last longer than two (2) consecutive days per week. 743
(o) Temporary theatre permit. A temporary theatre 744
permit, not to exceed five (5) days, may be issued to a charitable 745
nonprofit organization that is exempt from taxation under Section 746
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501(c)(3) or (4) of the Internal Revenue Code and owns or operates 747
a theatre facility that features plays and other theatrical 748
performances and productions. Except as otherwise provided in 749
subsection (5) of this section, the permit shall authorize the 750
holder to sell alcoholic beverages, including native wines, native 751
spirits, and craft spirits, to patrons of the theatre during 752
performances and productions at the theatre facility for 753
consumption during such performances and productions on the 754
premises of the facility described in the permit. A temporary 755
theatre permit holder shall obtain all alcoholic beverages from 756
package retailers located in the county in which the permit is 757
issued. Alcoholic beverages remaining in stock upon expiration of 758
the temporary theatre permit may be returned by the permittee to 759
the package retailer for a refund of the purchase price upon 760
consent of the package retailer or may be kept by the permittee 761
exclusively for personal use and consumption, subject to all laws 762
pertaining to the illegal sale and possession of alcoholic 763
beverages. 764
(p) Charter ship operator's permit. Subject to the 765
provisions of this paragraph (p), a charter ship operator's permit 766
shall authorize the holder thereof and its employees to serve, 767
monitor, store and otherwise control the serving and availability 768
of alcoholic beverages to customers of the permit holder during 769
private charters under contract provided by the permit holder. A 770
charter ship operator's permit shall authorize such action by the 771
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permit holder and its employees only as to alcoholic beverages 772
brought onto the permit holder's ship by customers of the permit 773
holder as part of such a private charter. All such alcoholic 774
beverages must be removed from the charter ship at the conclusion 775
of each private charter. A charter ship operator's permit shall 776
not authorize the permit holder to sell, charge for or otherwise 777
supply alcoholic beverages to customers, except as authorized in 778
this paragraph (p). For the purposes of this paragraph (p), 779
"charter ship operator" means a common carrier that (i) is 780
certified to carry at least one hundred fifty (150) passengers 781
and/or provide overnight accommodations for at least fifty (50) 782
passengers, (ii) operates only in the waters within the State of 783
Mississippi, which lie adjacent to the State of Mississippi south 784
of the three (3) most southern counties in the State of 785
Mississippi, and (iii) provides charters under contract for tours 786
and trips in such waters. 787
(q) Distillery retailer's permit. The holder of a 788
Class 1 manufacturer's permit may obtain a distillery retailer's 789
permit. A distillery retailer's permit shall authorize the holder 790
thereof to sell at retail alcoholic beverages to consumers for 791
on-premises consumption, or to consumers by the sealed and 792
unopened bottle from a retail location at the distillery for 793
off-premises consumption. The holder may only sell product 794
manufactured by the manufacturer at the distillery described in 795
the permit. However, when selling to consumers for on-premises 796
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consumption, a holder of a distillery retailer's permit may add 797
other beverages, alcoholic or not, so long as the total volume of 798
other beverage components containing alcohol does not exceed 799
twenty percent (20%). Hours of sale shall be the same as those 800
authorized for on-premises permittees in the city or county in 801
which the distillery retailer is located. 802
The holder shall not sell at retail more than ten percent 803
(10%) of the alcoholic beverages produced annually at its 804
distillery. The holder shall not make retail sales of more than 805
two and twenty-five one-hundredths (2.25) liters, in the 806
aggregate, of the alcoholic beverages produced at its distillery 807
to any one (1) individual for consumption off the premises of the 808
distillery within a twenty-four-hour period. The hours of sale 809
shall be the same as those hours for package retailers under this 810
article. The holder of a distillery retailer's permit is not 811
required to purchase the alcoholic beverages authorized to be sold 812
by this paragraph from the department's liquor distribution 813
warehouse; however, if the holder does not purchase the alcoholic 814
beverages from the department's liquor distribution warehouse, the 815
holder shall pay to the department all taxes, fees and surcharges 816
on the alcoholic beverages that are imposed upon the sale of 817
alcoholic beverages shipped by the department or its warehouse 818
operator. In addition to alcoholic beverages, the holder of a 819
distillery retailer's permit may sell at retail promotional 820
products from the same retail location, including shirts, hats, 821
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glasses, and other promotional products customarily sold by 822
alcoholic beverage manufacturers. 823
(r) Festival Permit. Any wine manufacturer, native 824
wine producer, native spirit producer, craft spirit producer, or 825
distilled spirit manufacturer permitted by Mississippi or any 826
other state is eligible to obtain a Festival Permit. This permit 827
authorizes the entity to transport product manufactured by it to 828
festivals held within the State of Mississippi and sell sealed, 829
unopened bottles to festival participants. The holder of this 830
permit may provide samples at no charge to participants. 831
"Festival" means any event at which three (3) or more vendors are 832
present at a location for the sale or distribution of goods. The 833
holder of a Festival Permit is not required to purchase the 834
alcoholic beverages authorized to be sold by this paragraph from 835
the department's liquor distribution warehouse. However, if the 836
holder does not purchase the alcoholic beverages from the 837
department's liquor distribution warehouse, the holder of this 838
permit shall pay to the department all taxes, fees and surcharges 839
on the alcoholic beverages sold at such festivals that are imposed 840
upon the sale of alcoholic beverages shipped by the division. 841
Additionally, the entity shall file all applicable reports and 842
returns as prescribed by the department. This permit is issued 843
per festival and provides authority to sell for three (3) 844
consecutive days during the hours authorized for on-premises 845
permittees' sales in that county or city. The holder of the 846
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permit shall be required to maintain all requirements set by Local 847
Option Law for the service and sale of alcoholic beverages. This 848
permit may be issued to entities participating in festivals at 849
which a Class 1 temporary permit is in effect. 850
This paragraph (r) shall stand repealed from and after July 851
1, 2026. 852
(s) Charter vessel operator's permit. Subject to the 853
provisions of this paragraph (s), a charter vessel operator's 854
permit shall authorize the holder thereof and its employees to 855
sell and serve alcoholic beverages to passengers of the permit 856
holder during public tours, historical tours, ecological tours and 857
sunset cruises provided by the permit holder. The permit shall 858
authorize the holder to only sell alcoholic beverages, including 859
native wines, to passengers of the charter vessel operator during 860
public tours, historical tours, ecological tours and sunset 861
cruises provided by the permit holder aboard the charter vessel 862
operator for consumption during such tours and cruises on the 863
premises of the charter vessel operator described in the permit. 864
For the purposes of this paragraph (s), "charter vessel operator" 865
means a common carrier that (i) is certified to carry at least 866
forty-nine (49) passengers, (ii) operates only in the waters 867
within the State of Mississippi, which lie south of Interstate 10 868
in the three (3) most southern counties in the State of 869
Mississippi, and lie adjacent to the State of Mississippi south of 870
the three (3) most southern counties in the State of Mississippi, 871
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extending not further than one (1) mile south of such counties, 872
and (iii) provides vessel services for tours and cruises in such 873
waters as provided in this paragraph(s). 874
(t) Native spirit retailer's permit. Except as 875
otherwise provided in subsection (5) of this section, a native 876
spirit retailer's permit shall be issued only to a holder of a 877
Class 4 manufacturer's permit, and shall authorize the holder 878
thereof to make retail sales of native spirits to consumers for 879
on-premises consumption or to consumers in originally sealed and 880
unopened containers at an establishment located on the premises of 881
the distillery, or at any tasting room location or locations 882
within five (5) miles of the native distillery. Further, every 883
native distillery is authorized to have one (1) permanent 884
satellite tasting room sales location in any other location in the 885
state that otherwise allows the sale of alcoholic beverages. When 886
selling to consumers for on-premises consumption, a holder of a 887
native spirit retailer's permit may sell alcoholic beverages 888
produced by other suppliers. Hours of sale shall be the same as 889
those authorized for on-premises permittees in the city or county 890
in which the native spirit retailer is located. 891
(u) Delivery service permit. Any individual, limited 892
liability company, corporation or partnership registered to do 893
business in this state is eligible to obtain a delivery service 894
permit. Subject to the provisions of Section 67-1-51.1, this 895
permit authorizes the permittee, or its employee or an independent 896
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contractor acting on its behalf, to deliver alcoholic beverages, 897
beer, light wine and light spirit product from a licensed retailer 898
to a person in this state who is at least twenty-one (21) years of 899
age for the individual's use and not for resale. This permit does 900
not authorize the delivery of alcoholic beverages, beer, light 901
wine or light spirit product to the premises of a location with a 902
permit for the manufacture, distribution or retail sale of 903
alcoholic beverages, beer, light wine or light spirit product. 904
The holder of a package retailer's permit or an on-premises 905
retailer's permit under Section 67-1-51 or of a beer, light wine 906
and light spirit product permit under Section 67-3-19 is 907
authorized to apply for a delivery service permit as a privilege 908
separate from its existing retail permit. 909
(v) Food truck permit. A food truck permit shall 910
authorize the holder of an on-premises retailer's permit to use a 911
food truck to sell alcoholic beverages off its premises to guests 912
who must consume the beverages in open containers. For the 913
purposes of this paragraph (v), "food truck" means a fully encased 914
food service establishment on a motor vehicle or on a trailer that 915
a motor vehicle pulls to transport, and from which a vendor, 916
standing within the frame of the establishment, prepares, cooks, 917
sells and serves food for immediate human consumption. The term 918
"food truck" does not include a food cart that is not motorized. 919
Food trucks shall maintain such distance requirements from 920
schools, churches, kindergartens and funeral homes as are required 921
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for on-premises retailer's permittees under this article, and all 922
sales must be made within a valid leisure and recreation district 923
established under Section 67-1-101. Food trucks cannot sell or 924
serve alcoholic beverages unless also offering food prepared and 925
cooked within the food truck, and permittees must maintain a 926
twenty-five percent (25%) food sale revenue requirement based on 927
the food sold from the food truck alone. The hours allowed for 928
sale shall be the same as those for on-premises retailer's 929
permittees in the location. This permit will not be required for 930
the holder of a caterer's permit issued under this article to 931
cater an event as allowed by law. Permittees must provide notice 932
of not less than forty-eight (48) hours to the department of each 933
location at which alcoholic beverages will be sold. 934
(w) On-premises tobacco permit. An on-premises tobacco 935
permit shall authorize the permittee to sell alcoholic beverages 936
for consumption on the licensed premises. In addition to all 937
other requirements to obtain an alcoholic beverage permit, the 938
permittee must obtain and maintain a tobacco permit issued by the 939
State of Mississippi, and have a capital investment of not less 940
than Five Hundred Thousand Dollars ($500,000.00) in the premises 941
for which the permit is issued. In addition to alcoholic 942
beverages, the permittee is authorized to sell only cigars, 943
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 944
Additionally, seventy-five percent (75%) of the permittee's annual 945
gross revenue must be derived from the sale of cigars, cheroots, 946
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tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 947
be required, but food may be sold on the premises. The issuance 948
of this permit does not remove any obligation a permittee may have 949
to follow local ordinances or actions prohibiting the use of 950
tobacco products. 951
(x) Direct * * * shipper's permit. A direct * * * 952
shipper's permit shall authorize the holder to sell and ship a 953
limited amount of wine and/or distilled spirits directly to 954
residents in this state in accordance with the provisions of 955
Sections 67-1-301 to 67-1-317, without being required to transact 956
the sale and shipment of those wines and/or distilled spirits 957
through the division. 958
(y) Craft spirit retailer's permit. Except as 959
otherwise provided in subsection (5) of this section, a craft 960
spirit retailer's permit shall be issued only to a holder of a 961
Class 5 manufacturer's permit, and shall authorize the holder 962
thereof to make retail sales of craft spirits to consumers for 963
on-premises consumption or to consumers in originally sealed and 964
unopened containers at an establishment located on the premises of 965
the distillery or at any tasting room location or locations within 966
five (5) miles of the craft distillery. Further, every craft 967
distillery is authorized to have one (1) permanent satellite 968
tasting room sales location in any other location in the state 969
that otherwise allows the sale of alcoholic beverages. When 970
selling to consumers for on-premises consumption, a holder of a 971
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craft spirit retailer's permit may sell alcoholic beverages 972
produced by other suppliers. Hours of sale shall be the same as 973
those authorized for on-premises permittees in the city or county 974
in which the craft spirit retailer is located. 975
(2) Except as otherwise provided in subsection (4) of this 976
section, retail permittees may hold more than one (1) retail 977
permit, at the discretion of the department. 978
(3) (a) Except as otherwise provided in this subsection, no 979
authority shall be granted to any person to manufacture, sell or 980
store for sale any intoxicating liquor as specified in this 981
article within four hundred (400) feet of any church, school 982
(excluding any community college, junior college, college or 983
university), kindergarten or funeral home. However, within an 984
area zoned commercial or business, such minimum distance shall be 985
not less than one hundred (100) feet. 986
(b) A church or funeral home may waive the distance 987
restrictions imposed in this subsection in favor of allowing 988
issuance by the department of a permit, pursuant to subsection (1) 989
of this section, to authorize activity relating to the 990
manufacturing, sale or storage of alcoholic beverages which would 991
otherwise be prohibited under the minimum distance criterion. 992
Such waiver shall be in written form from the owner, the governing 993
body, or the appropriate officer of the church or funeral home 994
having the authority to execute such a waiver, and the waiver 995
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shall be filed with and verified by the department before becoming 996
effective. 997
(c) The distance restrictions imposed in this 998
subsection shall not apply to the sale or storage of alcoholic 999
beverages at a bed and breakfast inn listed in the National 1000
Register of Historic Places or to the sale or storage of alcoholic 1001
beverages in a historic district that is listed in the National 1002
Register of Historic Places, is a qualified resort area and is 1003
located (i) in a municipality having a population greater than one 1004
hundred thousand (100,000) according to the latest federal 1005
decennial census, or (ii) in a municipality in which Mississippi 1006
Highways 1 and 8 intersect. 1007
(d) The distance restrictions imposed in this 1008
subsection shall not apply to the sale or storage of alcoholic 1009
beverages at a qualified resort area as defined in Section 1010
67-1-5(o)(iii)32. 1011
(e) The distance restrictions imposed in this 1012
subsection shall not apply to the sale or storage of alcoholic 1013
beverages at a licensed premises in a building formerly owned by a 1014
municipality and formerly leased by the municipality to a 1015
municipal school district and used by the municipal school 1016
district as a district bus shop facility. 1017
(f) The distance restrictions imposed in this 1018
subsection shall not apply to the sale or storage of alcoholic 1019
beverages at a licensed premises in a building consisting of at 1020
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least five thousand (5,000) square feet and located approximately 1021
six hundred (600) feet from the intersection of Mississippi 1022
Highway 15 and Mississippi Highway 4. 1023
(g) The distance restrictions imposed in this 1024
subsection shall not apply to the sale or storage of alcoholic 1025
beverages at a licensed premises in a building located at or near 1026
the intersection of Ward and Tate Streets and adjacent properties 1027
in the City of Senatobia, Mississippi. 1028
(h) The distance restrictions imposed in this 1029
subsection shall not apply to the sale or storage of alcoholic 1030
beverages at a theatre facility that features plays and other 1031
theatrical performances and productions and (i) is capable of 1032
seating more than seven hundred fifty (750) people, (ii) is owned 1033
by a municipality which has a population greater than ten thousand 1034
(10,000) according to the latest federal decennial census, (iii) 1035
was constructed prior to 1930, (iv) is on the National Register of 1036
Historic Places, and (v) is located in a historic district. 1037
(i) The distance restrictions imposed in this 1038
subsection shall not apply to the sale or storage of alcoholic 1039
beverages at a licensed premises in a building located 1040
approximately one and six-tenths (1.6) miles north of the 1041
intersection of Mississippi Highway 15 and Mississippi Highway 4 1042
on the west side of Mississippi Highway 15. 1043
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(j) The distance restrictions imposed in this 1044
subsection shall not apply to the sale or storage of alcoholic 1045
beverages at a qualified resort area as defined in Section 1046
67-1-5(o)(iii)83. 1047
(k) The distance restrictions imposed in this 1048
subsection shall not apply to the sale or storage of alcoholic 1049
beverages at a qualified resort area as defined in Section 1050
67-1-5(o)(iii)84. 1051
(4) No person, either individually or as a member of a firm, 1052
partnership, limited liability company or association, or as a 1053
stockholder, officer or director in a corporation, shall own or 1054
control any interest in more than one (1) package retailer's 1055
permit, nor shall such person's spouse, if living in the same 1056
household of such person, any relative of such person, if living 1057
in the same household of such person, or any other person living 1058
in the same household with such person own any interest in any 1059
other package retailer's permit; however, in the case of a person 1060
holding a package retailer's permit issued before July 1, 2024, 1061
such a person may own one (1) additional package retailer's permit 1062
if the additional permit is issued for a premises with a minimum 1063
capital investment of Twenty Million Dollars ($20,000,000.00) that 1064
is part of a major retail development project and located in one 1065
(1) of the three (3) most southern counties in the State of 1066
Mississippi, and not within one hundred (100) miles of another 1067
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location in the State of Mississippi, for which the permittee 1068
holds such a permit. 1069
(5) (a) In addition to any other authority granted under 1070
this section, the holder of a permit issued under subsection 1071
(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 1072
section may sell or otherwise provide alcoholic beverages and/or 1073
wine to a patron of the permit holder in the manner authorized in 1074
the permit and the patron may remove an open glass, cup or other 1075
container of the alcoholic beverage and/or wine from the licensed 1076
premises and may possess and consume the alcoholic beverage or 1077
wine outside of the licensed premises if: (i) the licensed 1078
premises is located within a leisure and recreation district 1079
created under Section 67-1-101 and (ii) the patron remains within 1080
the boundaries of the leisure and recreation district while in 1081
possession of the alcoholic beverage or wine. 1082
(b) Nothing in this subsection shall be construed to 1083
allow a person to bring any alcoholic beverages into a permitted 1084
premises except to the extent otherwise authorized by this 1085
article. 1086
(c) Where a permit is issued under subsection (1)(c) to 1087
an establishment located in a resort area created by Section 1088
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 1089
to bring alcoholic beverages into the permitted premises and to 1090
possess, store and consume those alcoholic beverages in the 1091
permitted premises. 1092
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SECTION 14. Section 67-1-53, Mississippi Code of 1972, is 1093
amended as follows: 1094
67-1-53. (1) Application for permits shall be in such form 1095
and shall contain such information as shall be required by the 1096
regulations of the department; however, no regulation of the 1097
department shall require personal financial information from any 1098
officer of a corporation applying for an on-premises retailer's 1099
permit to sell alcoholic beverages unless such officer owns ten 1100
percent (10%) or more of the stock of such corporation. 1101
(2) Every applicant for each type of permit authorized by 1102
Section 67-1-51 shall give notice of such application by 1103
publication for two (2) consecutive issues in a newspaper of 1104
general circulation published in the city or town in which 1105
applicant's place of business is located. However, in instances 1106
where no newspaper is published in the city or town, then the 1107
notice shall be published in a newspaper of general circulation 1108
published in the county where the applicant's business is located. 1109
If no newspaper is published in the county, the notice shall be 1110
published in a qualified newspaper which is published in the 1111
closest neighboring county and circulated in the county of 1112
applicant's residence. The notice shall be printed in ten-point 1113
black face type and shall set forth the type of permit to be 1114
applied for, the exact location of the place of business, the name 1115
of the owner or owners thereof, and if operating under an assumed 1116
name, the trade name together with the names of all owners, and if 1117
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a corporation, the names and titles of all officers. The cost of 1118
such notice shall be borne by the applicant. The provisions of 1119
this subsection (2) shall not apply to applicants for a 1120
direct * * * shipper's permit under Sections 67-1-301 to 67-1-317. 1121
(3) Each application or filing made under this section shall 1122
include the social security number(s) of the applicant in 1123
accordance with Section 93-11-64, Mississippi Code of 1972. 1124
SECTION 15. Section 67-1-55, Mississippi Code of 1972, is 1125
amended as follows: 1126
67-1-55. No permit of any type shall be issued by the 1127
department until the applicant has first filed with the department 1128
a sworn statement disclosing all persons who are financially 1129
involved in the operation of the business for which the permit is 1130
sought. If an applicant is an individual, he will swear that he 1131
owns one hundred percent (100%) of the business for which he is 1132
seeking a permit. If the applicant is a partnership, all partners 1133
and their addresses shall be disclosed and the extent of their 1134
interest in the partnership shall be disclosed. If the applicant 1135
is a corporation, the total stock in the corporation shall be 1136
disclosed and each shareholder and his address and the amount of 1137
stock in the corporation owned by him shall be disclosed. If the 1138
applicant is a limited liability company, each member and their 1139
addresses shall be disclosed and the extent of their interest in 1140
the limited liability company shall be disclosed. If the 1141
applicant is a trust, the trustee and all beneficiaries and their 1142
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addresses shall be disclosed. If the applicant is a combination 1143
of any of the above, all information required to be disclosed 1144
above shall be required. 1145
All the disclosures shall be in writing and kept on file at 1146
the department and shall be available to the public. 1147
Every applicant must, when applying for a renewal of his 1148
permit, disclose any change in the ownership of the business or 1149
any change in the beneficiaries of the income from the business. 1150
Any person who willfully fails to fully disclose the 1151
information required by this section, or who gives false 1152
information, shall be guilty of a misdemeanor and, upon conviction 1153
thereof, shall be fined a sum not to exceed Five Hundred Dollars 1154
($500.00) or imprisoned for not more than one (1) year, or both, 1155
and the person or applicant shall never again be eligible for any 1156
permit pertaining to alcoholic beverages. 1157
The provisions of this section shall not apply to persons 1158
applying for a direct * * * shipper's permit under Sections 1159
67-1-301 to 67-1-317. 1160
SECTION 16. Section 67-1-57, Mississippi Code of 1972, is 1161
amended as follows: 1162
67-1-57. Before a permit is issued the department shall 1163
satisfy itself: 1164
(a) That the applicant, if an individual, or if a 1165
partnership, each of the members of the partnership, or if a 1166
corporation, each of its principal officers and directors, or if a 1167
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limited liability company, each member of the limited liability 1168
company, is of good moral character and, in addition, enjoys a 1169
reputation of being a peaceable, law-abiding citizen of the 1170
community in which he resides, and is generally fit for the trust 1171
to be reposed in him, is not less than twenty-one (21) years of 1172
age, and has not been convicted of a felony in any state or 1173
federal court. However, a felony conviction, other than a crime 1174
of violence or a violation of state or federal controlled 1175
substance laws, does not automatically disqualify a person from 1176
being approved for a permit. If at least ten (10) years have 1177
elapsed since conviction, the department may consider such felony 1178
convictions in determining whether all other qualifications are 1179
met. 1180
(b) That, except in the case of an application for a 1181
solicitor's permit, the applicant is the true and actual owner of 1182
the business for which the permit is desired, and that he intends 1183
to carry on the business authorized for himself and not as the 1184
agent of any other person, and that he intends to superintend in 1185
person the management of the business or that he will designate a 1186
manager to manage the business for him. Except for managers 1187
employed by the holder of a direct * * * shipper's permit, all 1188
managers must be approved by the department prior to completing 1189
any managerial tasks on behalf of the permittee and must possess 1190
all of the qualifications required of a permittee; however, a 1191
felony conviction, other than a crime of violence, does not 1192
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automatically disqualify a person from being approved as a manager 1193
if the person was released from incarceration at least three (3) 1194
years prior to application for approval as a manager. A felony 1195
conviction, other than a crime of violence, may be considered by 1196
the department in determining whether all other qualifications are 1197
met. 1198
(c) That the applicant for a package retailer's permit, 1199
if an individual, is a resident of the State of Mississippi. If 1200
the applicant is a partnership, each member of the partnership 1201
must be a resident of the state. If the applicant is a limited 1202
liability company, each member of the limited liability company 1203
must be a resident of the state. If the applicant is a 1204
corporation, the designated manager of the corporation must be a 1205
resident of the state. 1206
(d) That the place for which the permit is to be issued 1207
is an appropriate one considering the character of the premises 1208
and the surrounding neighborhood. 1209
(e) That the place for which the permit is to be issued 1210
is within the corporate limits of an incorporated municipality or 1211
qualified resort area or club which comes within the provisions of 1212
this article. 1213
(f) That the applicant is not indebted to the state for 1214
any taxes, fees or payment of penalties imposed by any law of the 1215
State of Mississippi or by any rule or regulation of the 1216
department. 1217
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(g) That the applicant is not in the habit of using 1218
alcoholic beverages to excess and is not physically or mentally 1219
incapacitated, and that the applicant has the ability to read and 1220
write the English language. 1221
(h) That the department does not believe and has no 1222
reason to believe that the applicant will sell or knowingly permit 1223
any agent, servant or employee to unlawfully sell liquor in a dry 1224
area or in any other manner contrary to law. 1225
(i) That the applicant is not residentially domiciled 1226
with any person whose permit or license has been cancelled for 1227
cause within the twelve (12) months next preceding the date of the 1228
present application for a permit. 1229
(j) That the department has not, in the exercise of its 1230
discretion which is reserved and preserved to it, refused to grant 1231
permits under the restrictions of this section, as well as under 1232
any other pertinent provision of this article. 1233
(k) That there are not sufficient legal reasons to deny 1234
a permit on the ground that the premises for which the permit is 1235
sought has previously been operated, used or frequented for any 1236
purpose or in any manner that is lewd, immoral or offensive to 1237
public decency. In the granting or withholding of any permit to 1238
sell alcoholic beverages at retail, the department in forming its 1239
conclusions may give consideration to any recommendations made in 1240
writing by the district or county attorney or county, circuit or 1241
chancery judge of the county, or the sheriff of the county, or the 1242
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mayor or chief of police of an incorporated city or town wherein 1243
the applicant proposes to conduct his business and to any 1244
recommendations made by representatives of the department. 1245
(l) That the applicant and the applicant's key 1246
employees, as determined by the department, do not have a 1247
disqualifying criminal record. In order to obtain a criminal 1248
record history check, the applicant shall submit to the department 1249
a set of fingerprints from any local law enforcement agency for 1250
each person for whom the records check is required. The 1251
department shall forward the fingerprints to the Mississippi 1252
Department of Public Safety. If no disqualifying record is 1253
identified at the state level, the Department of Public Safety 1254
shall forward the fingerprints to the Federal Bureau of 1255
Investigation for a national criminal history record check. Costs 1256
for processing the set or sets of fingerprints shall be borne by 1257
the applicant. The department may waive the fingerprint 1258
requirement in the case of an applicant for a direct * * * 1259
shipper's permit. The department shall not deny employment to an 1260
employee of the applicant prior to the identification of a 1261
disqualifying record or other disqualifying information. 1262
SECTION 17. Section 67-1-73, Mississippi Code of 1972, is 1263
amended as follows: 1264
67-1-73. (1) Except as otherwise provided in subsection (3) 1265
of this section, every manufacturer, including native wine, native 1266
spirit, or craft spirit producers, within or without the state, 1267
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and every other shipper of alcoholic beverages who sells any 1268
alcoholic beverage, including native wine, native spirit, or craft 1269
spirit, within the state, shall, at the time of making such sale, 1270
file with the department a copy of the invoice of such sale 1271
showing in detail the kind of alcoholic beverage sold, the 1272
quantities of each, the size of the container and the weight of 1273
the contents, the alcoholic content, and the name and address of 1274
the person to whom sold. 1275
(2) Except as otherwise provided in subsection (3) of this 1276
section, every person transporting alcoholic beverages, including 1277
native wine, native spirit, or craft spirit, within this state to 1278
a point within this state, whether such transportation originates 1279
within or without this state, shall, within five (5) days after 1280
delivery of such shipment, furnish the department a copy of the 1281
bill of lading or receipt, showing the name or consignor or 1282
consignee, date, place received, destination, and quantity of 1283
alcoholic beverages delivered. Upon failure to comply with the 1284
provisions of this section, such person shall be deemed guilty of 1285
a misdemeanor and, upon conviction thereof, shall be fined in the 1286
sum of Fifty Dollars ($50.00) for each offense. 1287
(3) Information regarding the sales, shipment, delivery and 1288
transportation of wine and/or distilled spirits in this state by 1289
the holder of a direct * * * shipper's permit under Sections 1290
67-1-301 through 67-1-317, shall be in such form and content as 1291
prescribed by the department. 1292
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ST: Alcoholic beverages; authorize direct sales
and shipments of distilled spirits to be made to
residents in this state.
SECTION 18. This act shall take effect and be in force from 1293
and after July 1, 2026. 1294