Alcoholic beverages; increase number of package retailer's permits a person may own.

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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Powell

HOUSE BILL NO. 670

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