Read the full stored bill text
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~ G1/2
26/HR43/R288
PAGE 1 (BS\KP)
To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Powell
HOUSE BILL NO. 671
AN ACT TO AMEND SECTION 67-1-3, MISSISSIPPI CODE OF 1972, TO 1
RENOUNCE PROHIBITION AS THE POLICY OF THIS STATE IN FAVOR OF THE 2
LEGAL MANUFACTURE, SALE, DISTRIBUTION AND TRANSPORTATION OF 3
ALCOHOLIC BEVERAGES, EXCEPT IN COUNTIES THAT VOTE TO INSTITUTE 4
PROHIBITION AFTER HOLDING AN ELECTION ON THE MATTER; TO AMEND 5
SECTIONS 67-1-5, 67-1-7, 67-1-9, 67-1-15, 67-1-16, 67-1-17, 6
67-1-37, 67-1-51, 67-1-57, 67-1-85, 67-1-91, 67-1-101, 67-9-1, 7
27-71-15, 27-71-31 AND 97-31-47, MISSISSIPPI CODE OF 1972, IN 8
CONFORMITY THERETO; TO AMEND SECTIONS 67-1-11, 67-1-13 AND 9
67-1-14, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO AND TO 10
REVISE HOW OFTEN A COUNTY OR MUNICIPALITY MAY HOLD AN ELECTION ON 11
THE QUESTION OF INSTITUTION PROHIBITION; TO AMEND SECTION 12
67-1-51.1, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS 13
RELATING TO RESPONSIBILITIES OF PACKAGE RETAILERS THAT CONTRACT 14
WITH DELIVERY SERVICE PERMITTEES FOR DELIVERY OF ALCOHOLIC 15
BEVERAGES OR BEER, LIGHT WINE AND LIGHT SPIRIT PRODUCT; TO BRING 16
FORWARD SECTION 67-3-9, MISSISSIPPI CODE OF 1972, WHICH IS A 17
SECTION OF LAW REGULATING THE MANUFACTURE, SALE, TRANSPORTATION 18
AND DISTRIBUTION OF LIGHT WINE, LIGHT SPIRIT PRODUCT AND BEER, FOR 19
THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. Section 67-1-3, Mississippi Code of 1972, is 22
amended as follows: 23
67-1-3. From and after January 1, 2027, the policy of this 24
state is * * * declared to be a renunciation of prohibition in 25
favor of the legal manufacture, sale, distribution, and 26
transportation of alcoholic beverages * * * in this state, except 27
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 2 (BS\KP)
in such counties that vote to institute prohibition after holding 28
an election on the matter. The purpose and intent of this article 29
is to * * * provide the laws under which alcoholic beverages may 30
be legally sold, manufactured and distributed in this state. 31
However, from and after January 1, 2021, prohibition is renounced 32
as to the possession of alcoholic beverages. It shall thereafter 33
be lawful to possess alcoholic beverages throughout the state, 34
unless otherwise prohibited in this article. Nothing herein shall 35
be construed to make lawful the possession of alcoholic beverages 36
with the intent to sell except as authorized under this article. 37
All laws and parts of laws in conflict with this article are 38
repealed only to the extent of such conflict; however, except as 39
is provided in this article, all laws prohibiting the manufacture, 40
sale, and distribution of alcoholic beverages, which are not in 41
conflict with this article shall remain in full force and 42
effect * * * in counties and municipalities wherein * * * a 43
prohibition on manufacture, sale, and distribution of alcoholic 44
beverages * * * shall hereafter be authorized as a result of an 45
election held * * * after January 1, 2027, as * * * provided in 46
this article. 47
SECTION 2. Section 67-1-5, Mississippi Code of 1972, is 48
amended as follows: 49
67-1-5. For the purposes of this article and unless 50
otherwise required by the context: 51
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 3 (BS\KP)
(a) "Alcoholic beverage" means any alcoholic liquid, 52
including wines of more than five percent (5%) of alcohol by 53
weight, capable of being consumed as a beverage by a human being, 54
but shall not include light wine, light spirit product and beer, 55
as defined in Section 67-3-3, but shall include native wines, 56
native spirits, and craft spirits. The words "alcoholic beverage" 57
shall not include ethyl alcohol manufactured or distilled solely 58
for fuel purposes or beer of an alcoholic content of more than 59
eight percent (8%) by weight if the beer is legally manufactured 60
in this state for sale in another state. 61
(b) "Alcohol" means the product of distillation of any 62
fermented liquid, whatever the origin thereof, and includes 63
synthetic ethyl alcohol, but does not include denatured alcohol or 64
wood alcohol. 65
(c) "Distilled spirits" means any beverage containing 66
more than six percent (6%) of alcohol by weight produced by 67
distillation of fermented grain, starch, molasses or sugar, 68
including dilutions and mixtures of these beverages. 69
(d) "Wine" or "vinous liquor" means any product 70
obtained from the alcoholic fermentation of the juice of sound, 71
ripe grapes, fruits, honey or berries and made in accordance with 72
the revenue laws of the United States. 73
(e) "Person" means and includes any individual, 74
partnership, corporation, association or other legal entity 75
whatsoever. 76
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 4 (BS\KP)
(f) "Manufacturer" means any person engaged in 77
manufacturing, distilling, rectifying, blending or bottling any 78
alcoholic beverage. 79
(g) "Wholesaler" means any person, other than a 80
manufacturer, engaged in distributing or selling any alcoholic 81
beverage at wholesale for delivery within or without this state 82
when such sale is for the purpose of resale by the purchaser. 83
(h) "Retailer" means any person who sells, distributes, 84
or offers for sale or distribution, any alcoholic beverage for use 85
or consumption by the purchaser and not for resale. 86
(i) "State Tax Commission," "commission" or 87
"department" means the Department of Revenue of the State of 88
Mississippi, which shall create a division in its organization to 89
be known as the Alcoholic Beverage Control Division. Any 90
reference to the commission or the department hereafter means the 91
powers and duties of the Department of Revenue with reference to 92
supervision of the Alcoholic Beverage Control Division. 93
(j) "Division" means the Alcoholic Beverage Control 94
Division of the Department of Revenue. 95
(k) "Municipality" means any incorporated city or town 96
of this state. 97
(l) "Hotel" means an establishment within a 98
municipality, or within a qualified resort area approved as such 99
by the department, where, in consideration of payment, food and 100
lodging are habitually furnished to travelers and wherein are 101
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 5 (BS\KP)
located at least twenty (20) adequately furnished and completely 102
separate sleeping rooms with adequate facilities that persons 103
usually apply for and receive as overnight accommodations. Hotels 104
in towns or cities of more than twenty-five thousand (25,000) 105
population are similarly defined except that they must have fifty 106
(50) or more sleeping rooms. Any such establishment described in 107
this paragraph with less than fifty (50) beds shall operate one or 108
more regular dining rooms designed to be constantly frequented by 109
customers each day. When used in this article, the word "hotel" 110
shall also be construed to include any establishment that meets 111
the definition of "bed and breakfast inn" as provided in this 112
section. 113
(m) "Restaurant" means: 114
(i) A place which is regularly and in a bona fide 115
manner used and kept open for the serving of meals to guests for 116
compensation, which has suitable seating facilities for guests, 117
and which has suitable kitchen facilities connected therewith for 118
cooking an assortment of foods and meals commonly ordered at 119
various hours of the day; the service of such food as sandwiches 120
and salads only shall not be deemed in compliance with this 121
requirement. Except as otherwise provided in this paragraph, no 122
place shall qualify as a restaurant under this article unless 123
twenty-five percent (25%) or more of the revenue derived from such 124
place shall be from the preparation, cooking and serving of meals 125
and not from the sale of beverages, or unless the value of food 126
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 6 (BS\KP)
given to and consumed by customers is equal to twenty-five percent 127
(25%) or more of total revenue; or 128
(ii) Any privately owned business located in a 129
building in a historic district where the district is listed in 130
the National Register of Historic Places, where the building has a 131
total occupancy rating of not less than one thousand (1,000) and 132
where the business regularly utilizes ten thousand (10,000) square 133
feet or more in the building for live entertainment, including not 134
only the stage, lobby or area where the audience sits and/or 135
stands, but also any other portion of the building necessary for 136
the operation of the business, including any kitchen area, bar 137
area, storage area and office space, but excluding any area for 138
parking. In addition to the other requirements of this 139
subparagraph, the business must also serve food to guests for 140
compensation within the building and derive the majority of its 141
revenue from event-related fees, including, but not limited to, 142
admission fees or ticket sales to live entertainment in the 143
building, and from the rental of all or part of the facilities of 144
the business in the building to another party for a specific event 145
or function. 146
(n) "Club" means an association or a corporation: 147
(i) Organized or created under the laws of this 148
state for a period of five (5) years prior to July 1, 1966; 149
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 7 (BS\KP)
(ii) Organized not primarily for pecuniary profit 150
but for the promotion of some common object other than the sale or 151
consumption of alcoholic beverages; 152
(iii) Maintained by its members through the 153
payment of annual dues; 154
(iv) Owning, hiring or leasing a building or space 155
in a building of such extent and character as may be suitable and 156
adequate for the reasonable and comfortable use and accommodation 157
of its members and their guests; 158
(v) The affairs and management of which are 159
conducted by a board of directors, board of governors, executive 160
committee, or similar governing body chosen by the members at a 161
regular meeting held at some periodic interval; and 162
(vi) No member, officer, agent or employee of 163
which is paid, or directly or indirectly receives, in the form of 164
a salary or other compensation any profit from the distribution or 165
sale of alcoholic beverages to the club or to members or guests of 166
the club beyond such salary or compensation as may be fixed and 167
voted at a proper meeting by the board of directors or other 168
governing body out of the general revenues of the club. 169
The department may, in its discretion, waive the five-year 170
provision of this paragraph. In order to qualify under this 171
paragraph, a club must file with the department, at the time of 172
its application for a license under this article, two (2) copies 173
of a list of the names and residences of its members and similarly 174
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 8 (BS\KP)
file, within ten (10) days after the election of any additional 175
member, his name and address. Each club applying for a license 176
shall also file with the department at the time of the application 177
a copy of its articles of association, charter of incorporation, 178
bylaws or other instruments governing the business and affairs 179
thereof. 180
(o) "Qualified resort area" means any area or locality 181
outside of the limits of incorporated municipalities in this state 182
commonly known and accepted as a place which regularly and 183
customarily attracts tourists, vacationists and other transients 184
because of its historical, scenic or recreational facilities or 185
attractions, or because of other attributes which regularly and 186
customarily appeal to and attract tourists, vacationists and other 187
transients in substantial numbers; however, no area or locality 188
shall so qualify as a resort area until it has been duly and 189
properly approved as such by the department. The department may 190
not approve an area as a qualified resort area after July 1, 2018, 191
if any portion of such proposed area is located within two (2) 192
miles of a convent or monastery that is located in a county 193
traversed by Interstate 55 and U.S. Highway 98. A convent or 194
monastery may waive such distance restrictions in favor of 195
allowing approval by the department of an area as a qualified 196
resort area. Such waiver shall be in written form from the owner, 197
the governing body, or the appropriate officer of the convent or 198
monastery having the authority to execute such a waiver, and the 199
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 9 (BS\KP)
waiver shall be filed with and verified by the department before 200
becoming effective. 201
(i) The department may approve an area or 202
locality * * * that is in the process of being developed as a 203
qualified resort area if such area or locality, when developed, 204
can reasonably be expected to meet the requisites of the 205
definition of the term "qualified resort area." In such a case, 206
the status of qualified resort area shall not take effect until 207
completion of the development. 208
(ii) The term includes any state park which is 209
declared a resort area by the department; however, such 210
declaration may only be initiated in a written request for resort 211
area status made to the department by the Executive Director of 212
the Department of Wildlife, Fisheries and Parks, and no permit for 213
the sale of any alcoholic beverage, as defined in this article, 214
except an on-premises retailer's permit, shall be issued for a 215
hotel, restaurant or bed and breakfast inn in such park. 216
(iii) The term includes: 217
1. The clubhouses associated with the state 218
park golf courses at the Lefleur's Bluff State Park, the John Kyle 219
State Park, the Percy Quin State Park and the Hugh White State 220
Park; 221
2. The clubhouse and associated golf course, 222
tennis courts and related facilities and swimming pool and related 223
facilities where the golf course, tennis courts and related 224
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 10 (BS\KP)
facilities and swimming pool and related facilities are adjacent 225
to one or more planned residential developments and the golf 226
course and all such developments collectively include at least 227
seven hundred fifty (750) acres and at least four hundred (400) 228
residential units; 229
3. Any facility located on property that is a 230
game reserve with restricted access that consists of at least 231
three thousand (3,000) contiguous acres with no public roads and 232
that offers as a service hunts for a fee to overnight guests of 233
the facility; 234
4. Any facility located on federal property 235
surrounding a lake and designated as a recreational area by the 236
United States Army Corps of Engineers that consists of at least 237
one thousand five hundred (1,500) acres; 238
5. Any facility that is located in a 239
municipality that is bordered by the Pearl River, traversed by 240
Mississippi Highway 25, adjacent to the boundaries of the Jackson 241
International Airport and is located in a county which has voted 242
against coming out from under the dry law as such law existed 243
before January 1, 2027; however, any such facility may only be 244
located in areas designated by the governing authorities of such 245
municipality; 246
6. Any municipality with a population in 247
excess of ten thousand (10,000) according to the latest federal 248
decennial census that is located in a county that is bordered by 249
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 11 (BS\KP)
the Pearl River and is not traversed by Interstate Highway 20, 250
with a population in excess of forty-five thousand (45,000) 251
according to the latest federal decennial census; 252
7. The West Pearl Restaurant Tax District as 253
defined in Chapter 912, Local and Private Laws of 2007; 254
8. a. Land that is located in any county in 255
which Mississippi Highway 43 and Mississippi Highway 25 intersect 256
and: 257
A. Owned by the Pearl River Valley 258
Water Supply District, and/or 259
B. Located within the Reservoir 260
Community District, zoned commercial, east of Old Fannin Road, 261
north of Regatta Drive, south of Spillway Road, west of Hugh Ward 262
Boulevard and accessible by Old Fannin Road, Spillway Road, Spann 263
Drive and/or Lake Vista Place, and/or 264
C. Located within the Reservoir 265
Community District, zoned commercial, west of Old Fannin Road, 266
south of Spillway Road and extending to the boundary of the 267
corporate limits of the City of Flowood, Mississippi; 268
b. The board of supervisors of such 269
county, with respect to B and C of item 8.a., may by resolution or 270
other order: 271
A. Specify the hours of operation 272
of facilities that offer alcoholic beverages for sale, 273
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 12 (BS\KP)
B. Specify the percentage of 274
revenue that facilities that offer alcoholic beverages for sale 275
must derive from the preparation, cooking and serving of meals and 276
not from the sale of beverages, and 277
C. Designate the areas in which 278
facilities that offer alcoholic beverages for sale may be located; 279
9. Any facility located on property that is a 280
game reserve with restricted access that consists of at least 281
eight hundred (800) contiguous acres with no public roads, that 282
offers as a service hunts for a fee to overnight guests of the 283
facility, and has accommodations for at least fifty (50) overnight 284
guests; 285
10. Any facility that: 286
a. Consists of at least six thousand 287
(6,000) square feet being heated and cooled along with an 288
additional adjacent area that consists of at least two thousand 289
two hundred (2,200) square feet regardless of whether heated and 290
cooled, 291
b. For a fee is used to host events such 292
as weddings, reunions and conventions, 293
c. Provides lodging accommodations 294
regardless of whether part of the facility and/or located adjacent 295
to or in close proximity to the facility, and 296
d. Is located on property that consists 297
of at least thirty (30) contiguous acres; 298
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 13 (BS\KP)
11. Any facility and related property: 299
a. Located on property that consists of 300
at least one hundred twenty-five (125) contiguous acres and 301
consisting of an eighteen-hole golf course, and/or located in a 302
facility that consists of at least eight thousand (8,000) square 303
feet being heated and cooled, 304
b. Used for the purpose of providing 305
meals and hosting events, and 306
c. Used for the purpose of teaching 307
culinary arts courses and/or turf management and grounds keeping 308
courses, and/or outdoor recreation and leadership courses; 309
12. Any facility and related property that: 310
a. Consist of at least eight thousand 311
(8,000) square feet being heated and cooled, 312
b. For a fee is used to host events, 313
c. Is used for the purpose of culinary 314
arts courses, and/or live entertainment courses and art 315
performances, and/or outdoor recreation and leadership courses; 316
13. The clubhouse and associated golf course 317
where the golf course is adjacent to one or more residential 318
developments and the golf course and all such developments 319
collectively include at least two hundred (200) acres and at least 320
one hundred fifty (150) residential units and are located a. in a 321
county that has voted against coming out from under the dry law as 322
such law existed before January 1, 2027; and b. outside of but in 323
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 14 (BS\KP)
close proximity to a municipality in such county which has voted 324
under Section 67-1-14, after January 1, 2013, to come out from 325
under the dry law as such law existed before January 1, 2027; 326
14. The clubhouse and associated 327
eighteen-hole golf course located in a municipality traversed by 328
Interstate Highway 55 and U.S. Highway 51 that has voted to come 329
out from under the dry law as such law existed before January 1, 330
2027; 331
15. a. Land that is planned for mixed-use 332
development and consists of at least two hundred (200) contiguous 333
acres with one or more planned residential developments 334
collectively planned to include at least two hundred (200) 335
residential units when completed, and also including a facility 336
that consists of at least four thousand (4,000) square feet that 337
is not part of such land but is located adjacent to or in close 338
proximity thereto, and in addition, also including land located 339
and beginning outside of and adjacent to the south boundary of the 340
corporate limits of a municipality on South Montgomery Street and 341
running approximately one (1) mile west outside of and along such 342
corporate limits, then running in a straight line parallel to 343
South Montgomery Street south to Poor House Road, then running 344
east along Poor House Road to South Montgomery Street, and then 345
running north along South Montgomery Street back to the point of 346
beginning, and which land is located: 347
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 15 (BS\KP)
A. In a county that has voted to 348
come out from under the dry law as such law existed before January 349
1, 2027, 350
B. Outside the corporate limits of 351
any municipality in such county and adjacent to or in close 352
proximity to a golf course located in a municipality in such 353
county, and 354
C. Within one (1) mile of a state 355
institution of higher learning; 356
b. The board of supervisors of such 357
county may by resolution or other order: 358
A. Specify the hours of operation 359
of facilities that offer alcoholic beverages for sale, 360
B. Specify the percentage of 361
revenue that facilities that offer alcoholic beverages for sale 362
must derive from the preparation, cooking and serving of meals and 363
not from the sale of beverages, and 364
C. Designate the areas in which 365
facilities that offer alcoholic beverages for sale may be located; 366
16. Any facility with a capacity of five 367
hundred (500) people or more, to be used as a venue for private 368
events, on a tract of land in the Southwest Quarter of Section 33, 369
Township 2 South, Range 7 East, of a county where U.S. Highway 45 370
and U.S. Highway 72 intersect and that has not voted to come out 371
from under the dry law as such law existed before January 1, 2027; 372
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 16 (BS\KP)
17. One hundred five (105) contiguous acres, 373
more or less, located in Hinds County, Mississippi, and in the 374
City of Jackson, Mississippi, whereon are constructed a variety of 375
buildings, improvements, grounds or objects for the purpose of 376
holding events thereon to promote agricultural and industrial 377
development in Mississippi; 378
18. Land that is owned by a state institution 379
of higher learning, land that is owned by an entity that is bound 380
by an affiliation agreement with a state institution of higher 381
learning, or land that is owned by one or more other entities so 382
long as such other entities are solely owned, either directly or 383
through additional entities, by an institution of higher learning 384
and/or one or more entities bound by affiliation agreements with 385
such institution, and: 386
a. Located entirely within a county that 387
has elected by majority vote before January 1, 2027, not to permit 388
the transportation, storage, sale, distribution, receipt and/or 389
manufacture of light wine and beer pursuant to Section 67-3-7; and 390
b. A. Located adjacent to but outside 391
the incorporated limits of a municipality that has elected by 392
majority vote before January 1, 2027, to permit the sale, receipt, 393
storage and transportation of light wine and beer pursuant to 394
Section 67-3-9; or 395
B. Located in an area bounded on 396
the north by College View Drive, on the east by Mississippi 397
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 17 (BS\KP)
Highway 12 East, on the south by Mississippi Highway 12 East, on 398
the west by Mill Street, on the north by Russell Street, then on 399
the west by Colonel Muldrow Avenue, on the north by University 400
Drive, on the west by Adkerson Way within a municipality through 401
which run Mississippi Highway 25, Mississippi Highway 12 and U.S. 402
Highway 82. 403
If any portion of the land described in this item 18 has been 404
declared a qualified resort area by the department before July 1, 405
2020, then that qualified resort area shall be incorporated into 406
the qualified resort area created by this item 18; 407
19. Any facility and related property: 408
a. Used as a flea market or similar 409
venue during a weekend (Saturday and Sunday) immediately preceding 410
the first Monday of a month and having an annual average of at 411
least one thousand (1,000) visitors for each such weekend and five 412
hundred (500) vendors for Saturday of each such weekend, and 413
b. Located in a county that has not 414
voted to come out from under the dry law as such law existed 415
before January 1, 2027, and outside of but in close proximity to a 416
municipality located in such county and which municipality has 417
voted to come out from under the dry law as such law existed 418
before January 1, 2027; 419
20. Blocks 1, 2 and 3 of the original town 420
square in any municipality with a population in excess of one 421
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 18 (BS\KP)
thousand five hundred (1,500) according to the latest federal 422
decennial census and which is located in: 423
a. A county traversed by Interstate 55 424
and Interstate 20, and 425
b. A judicial district that has not 426
voted to come out from under the dry law as such law existed 427
before January 1, 2027; 428
21. Any municipality with a population in 429
excess of two thousand (2,000) according to the latest federal 430
decennial census and in which is located a part of White's Creek 431
Lake and in which U.S. Highway 82 intersects with Mississippi 432
Highway 9 and located in a county that is partially bordered on 433
one (1) side by the Big Black River; 434
22. A restaurant located on a two-acre tract 435
adjacent to a five-hundred-fifty-acre lake in the northeast corner 436
of a county traversed by U.S. Interstate 55 and U.S. Highway 84; 437
23. Any tracts of land in Oktibbeha County, 438
situated north of Bailey Howell Drive, Lee Boulevard and Old 439
Mayhew Road, east of George Perry Street and south of Mississippi 440
Highway 182, and not located on the property of a state 441
institution of higher learning; however, the board of supervisors 442
of such county may by resolution or other order: 443
a. Specify the hours of operation of 444
facilities that offer alcoholic beverages for sale; 445
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 19 (BS\KP)
b. Specify the percentage of revenue 446
that facilities that offer alcoholic beverages for sale must 447
derive from the preparation, cooking and serving of meals and not 448
from the sale of beverages; and 449
c. Designate the areas in which 450
facilities that offer alcoholic beverages for sale may be located; 451
24. A municipality in which Mississippi 452
Highway 27 and Mississippi Highway 28 intersect; 453
25. A municipality through which run 454
Mississippi Highway 35 and Interstate 20; 455
26. A municipality in which Mississippi 456
Highway 16 and Mississippi Highway 35 intersect; 457
27. A municipality in which U.S. Highway 82 458
and Old Highway 61 intersect; 459
28. A municipality in which Mississippi 460
Highway 8 meets Mississippi Highway 1; 461
29. A municipality in which U.S. Highway 82 462
and Mississippi Highway 1 intersect; 463
30. A municipality in which Mississippi 464
Highway 50 meets Mississippi Highway 9; 465
31. An area bounded on the north by Pearl 466
Street, on the east by West Street, on the south by Court Street 467
and on the west by Farish Street, within a municipality bordered 468
on the east by the Pearl River and through which run Interstate 20 469
and Interstate 55; 470
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 20 (BS\KP)
32. Any facility and related property that: 471
a. Is contracted for mixed-use 472
development improvements consisting of office and residential 473
space and a restaurant and lounge, partially occupying the 474
renovated space of a four-story commercial building which 475
previously served as a financial institution; and adjacent 476
property to the west consisting of a single-story office building 477
that was originally occupied by the Brotherhood of Carpenters and 478
Joiners of American Local Number 569; and 479
b. Is situated on a tract of land 480
consisting of approximately one and one-tenth (1.10) acres, and 481
the adjacent property to the west consisting of approximately 0.5 482
acres, located in a municipality which is the seat of county 483
government, situated south of Interstate 10, traversed by U.S. 484
Highway 90, partially bordered on one (1) side by the Pascagoula 485
River and having its most southern boundary bordered by the Gulf 486
of Mexico, with a population greater than twenty-two thousand 487
(22,000) according to the 2010 federal decennial census; however, 488
the governing authorities of such a municipality may by ordinance: 489
A. Specify the hours of operation 490
of facilities that offer alcoholic beverages for sale; 491
B. Specify the percentage of 492
revenue that facilities that offer alcoholic beverages for sale 493
must derive from the preparation, cooking and serving of meals and 494
not from the sale of beverages; and 495
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 21 (BS\KP)
C. Designate the areas within the 496
facilities in which alcoholic beverages may be offered for sale; 497
33. Any facility with a maximum capacity of 498
one hundred twenty (120) people that consists of at least three 499
thousand (3,000) square feet being heated and cooled, has a 500
commercial kitchen, has a pavilion that consists of at least nine 501
thousand (9,000) square feet and is located on land more 502
particularly described as follows: 503
All that part of the East Half of the Northwest Quarter of 504
Section 21, Township 7 South, Range 4 East, Union County, 505
Mississippi, that lies South of Mississippi State Highway 348 506
right-of-way and containing 19.48 acres, more or less. 507
ALSO, 508
The Northeast 38 acres of the Southwest Quarter of Section 509
21, Township 7 South, Range 4 East, Union County, Mississippi. 510
ALSO, 511
The South 81 1/2 acres of the Southwest Quarter of Section 512
21, Township 7 South, Range 4 East, Union County, Mississippi; 513
34. A municipality in which U.S. Highway 51 514
and Mississippi Highway 16 intersect; 515
35. A municipality in which Interstate 20 516
passes over Mississippi Highway 15; 517
36. Any municipality that is bordered in its 518
northwestern boundary by the Pearl River, traversed by U.S. 519
Highway 49 and Interstate 20, and is located in a county which has 520
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 22 (BS\KP)
voted against coming out from under the dry law as such law 521
existed before January 1, 2027; 522
37. A municipality in which Mississippi 523
Highway 28 and Mississippi Highway 29 North intersect; 524
38. An area bounded as follows within a 525
municipality through which run Interstate 22 and Mississippi 526
Highway 15: Beginning at a point at the intersection of Bankhead 527
Street and Tallahatchie Trails; then running to a point at the 528
intersection of Tallahatchie Trails and Interstate 22; then 529
running to a point at the intersection of Interstate 22 and Carter 530
Avenue; then running to a point at the intersection of Carter 531
Avenue and Camp Avenue; then running to a point at the 532
intersection of Camp Avenue and King Street; then running to a 533
point at the intersection of King Street and E. Main Street; then 534
running to a point at the intersection of E. Main Street and Camp 535
Avenue; then running to a point at the intersection of Camp Avenue 536
and Highland Street; then running to a point at the intersection 537
of Highland Street and Adams Street; then running to a point at 538
the intersection of Adams Street and Cleveland Street; then 539
running to a point at the intersection of Cleveland Street and N. 540
Railroad Avenue; then running to a point at the intersection of N. 541
Railroad Avenue and McGill Street; then running to a point at the 542
intersection of McGill Street and Snyder Street; then running to a 543
point at the intersection of Snyder Street and Bankhead Street; 544
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 23 (BS\KP)
then running to a point at the intersection of Bankhead Street and 545
Tallahatchie Trails and the point of the beginning; 546
39. A municipality through which run 547
Mississippi Highway 43 and U.S. Highway 80; 548
40. The coliseum in a municipality in which 549
U.S. Highway 72 passes over U.S. Highway 45; 550
41. A piece of property on the northeast 551
corner of the T-intersection where Builders Square Drive meets 552
Mississippi Highway 471; 553
42. The clubhouse and associated golf course, 554
tennis courts and related facilities and swimming pool and related 555
facilities located on Oaks Country Club Road less than one-half 556
(1/2) mile to the east of Mississippi Highway 15; 557
43. Any facility located on land more 558
particularly described as follows: 559
The East Half (E 1/2) of the Southwest Quarter (SW 1/4) of 560
Section 15, Township 3 North, Range 2 East; a 4 acre parcel in the 561
Southwest Corner of the Southwest Quarter (SW 1/4) of the 562
Southeast Quarter (SE 1/4), Section 15, Township 3 North, Range 2 563
East, running 210 feet east and west and 840 feet running north 564
and south; the Northeast Quarter (NE 1/4) of the Northwest Quarter 565
(NW 1/4) of Section 22, Township 3 North, Range 2 East, all in 566
Rankin County, Mississippi; 567
44. Any facility located on land more 568
particularly described as follows: 569
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 24 (BS\KP)
Beginning at a point 1915 feet west and 2171 feet north of 570
southeast corner, Section 11, Township 24 North, Range 2 West, 571
Second Judicial District, Tallahatchie County, Mississippi, which 572
point is the southwest corner of J.C. Section Lot mentioned in 573
deed recorded in Book 50, page 34, in the records of the Chancery 574
Clerk's Office at Sumner, in said District of said County; thence 575
South 80° West, 19 feet to the east boundary of United States 576
Highway 49-E, thence East along the east boundary of said Highway 577
270 feet to point of beginning of Lot to be conveyed; thence 578
southeast along the east boundary of said Highway 204 feet to a 579
concrete post at the intersection of the east boundary of said 580
Highway with the west boundary of gravel road from Sumner to Webb, 581
known as Oil Mill Road, thence Northwest along west boundary of 582
said Oil Mill Road 194 feet to center of driveway running 583
southwest from said Oil Mill Road to U.S. Highway 49-E; thence 584
South 66° West along center of said driveway 128 feet to point of 585
beginning, being situated in Northwest Quarter of Southeast 586
Quarter of Section 11, together with all improvements situated 587
thereon; 588
45. Any facility that: 589
a. Consists of at least five thousand 590
six hundred (5,600) square feet being heated and cooled along with 591
a lakeside patio that consists of at least two thousand two 592
hundred (2,200) square feet, regardless of whether such patio is 593
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 25 (BS\KP)
part of the facility and/or located adjacent to or in close 594
proximity to the facility; 595
b. Includes a caterer's kitchen and 596
green room for entertainment preparation; 597
c. For a fee is used to host events; and 598
d. Is located adjacent to or in close 599
proximity to an approximately nine-acre lake on property that 600
consists of at least one hundred twenty (120) acres in a county 601
traversed by Mississippi Highway 15 and U.S. Highway 278; 602
46. Any municipality with a population in 603
excess of one thousand (1,000) according to the 2010 federal 604
decennial census and which is located in a county that is 605
traversed by U.S. Highways 84 and 98 and has not voted to come out 606
from under the dry law as such law existed before January 1, 2027; 607
47. The clubhouse and associated nine-hole 608
golf course, tennis courts and related facilities and swimming 609
pool and related facilities located on or near U.S. Highway 82 610
between Mississippi Highway 15 and Mississippi Highway 9; 611
48. The downtown square area bound by East 612
Service Drive, Commerce Street, Second Street and Court Street and 613
adjacent properties in a municipality through which run Interstate 614
55, U.S. Highway 51 and Mississippi Highway 306; 615
49. All parcels zoned for mixed-use 616
development located west of Mississippi Highway 589, more than 617
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 26 (BS\KP)
four hundred (400) feet north of Old Highway 24, east of 618
Parkers Creek and Black Creek, and south of J M Burge Road; 619
50. Any facility used by a soccer club and 620
located on Old Highway 11 between one-tenth (0.1) and two-tenths 621
(0.2) of a mile from its intersection with Oak Grove Road, in a 622
county in which U.S. Highway 98 and Mississippi Highway 589 623
intersect; 624
51. Any municipality in which U.S. Highway 49 625
and Mississippi Highway 469 intersect; 626
52. Any facility that is: 627
a. Owned by a Veterans of Foreign Wars 628
(VFW) organization that is a nonprofit corporation and registered 629
with the Mississippi Secretary of State; 630
b. Used by such organization for its 631
headquarters and other organization related purposes; and 632
c. Located outside of a municipality in 633
a county that has not voted to come out from under the dry law as 634
such law existed before January 1, 2027; 635
53. The following within a municipality in 636
which U.S. Highway 49 and U.S. 61 Highway intersect and through 637
which flows the Sunflower River: 638
a. An area bounded as follows: Starting 639
at the southern point of the intersection of Sunflower Avenue and 640
1st Street and going south along said avenue on its eastern side 641
to 8th Street, then going east along said street on its northern 642
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 27 (BS\KP)
side to West Tallahatchie Street, then going north along said 643
street on its western side to 4th Street/Martin Luther King 644
Boulevard, then going east along said street/boulevard on its 645
northern side to Desoto Avenue, then going north along said avenue 646
on its western side to 1st Street, then going west along said 647
street on its southern side to the point of beginning along the 648
southern side of Court Street; 649
b. Lots located at or near the 650
intersection of Madison Avenue, Walnut Street, and Riverside 651
Avenue that are in a commercial zone; and 652
c. Any facility located on the west side 653
of Sunflower Avenue to the Sunflower River between the southern 654
side of 6th Street and the northern side of 8th Street and which 655
is operated as and/or was operated as a hotel or lodging facility, 656
in consideration of payment, regardless of whether the facility 657
meets the criteria for the definition of the term "hotel" in 658
paragraph (l) of this section; and 659
d. Any facility located on the west side 660
of Sunflower Avenue to the Sunflower River between the southern 661
side of 3rd Street and the northern side of 4th Street/Martin 662
Luther King Boulevard and which is operated as and/or was operated 663
as a musical venue, in consideration of payment; 664
54. Any municipality in which Mississippi 665
Highway 340 meets Mississippi Highway 15; 666
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 28 (BS\KP)
55. Any municipality in which Mississippi 667
Highway 540 and Mississippi Highway 149 intersect; 668
56. Any municipality in which Mississippi 669
Highway 15 and Mississippi Highway 345/Main Street intersect; 670
57. The property and structures thereon at 671
the following locations within a municipality through which run 672
U.S. Highway 45 and Mississippi Highway 145 and in which 673
Mississippi Highway 370 and Mississippi Highway 145 intersect: 674
104 West Main Street, 106 West Main Street, 108 West Main Street, 675
110 West Main Street and 112 West Main Street; 676
58. Any municipality in which U.S. Highway 11 677
and Main Street intersect and which is located in a county having 678
two (2) judicial districts; 679
59. Any municipality in which Interstate 22 680
passes over Mississippi Highway 9; 681
60. Any facility located on land more 682
particularly described as follows: 683
A certain parcel of land being situated in the Southeast 1/4 684
of the Northeast 1/4 of Section 9, T3N-R3E, Rankin County, 685
Mississippi, and being more particularly described as follows: 686
Commence at an existing 1/2" iron pin marking the Southwest 687
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 688
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 689
seconds East along the East line of the Southeast 1/4 of the 690
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 691
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 29 (BS\KP)
iron pin; leaving said East line of the Southeast 1/4 of the 692
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 693
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 694
thence North 00 degrees 22 minutes 19 seconds East for a distance 695
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 696
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 697
a set 1/2" iron pin marking the POINT OF BEGINNING of the parcel 698
of land herein described; from said POINT OF BEGINNING, continue 699
thence North 00 degrees 16 minutes 18 seconds East along an 700
existing fence for a distance of 493.27 feet to an existing 1/2" 701
iron pin; run thence North 03 degrees 08 minutes 15 seconds East 702
for a distance of 170.22 feet to an existing 1/2" iron pin on the 703
North line of the aforesaid Southeast 1/4 of the Northeast 1/4 of 704
Section 9; run thence North 89 degrees 46 minutes 45 seconds East 705
along said North line of the Southeast 1/4 of the Northeast 1/4 of 706
Section 9 for a distance of 1,305.51 feet to an existing 1/2" iron 707
pin marking Northeast corner thereof; leaving said North line of 708
the Southeast 1/4 of the Northeast 1/4 of Section 9, run thence 709
South 00 degrees 08 minutes 35 seconds West along the East line of 710
said Southeast 1/4 of the Northeast 1/4 of Section 9 for a 711
distance of 663.19 feet to a set 1/2" iron pin; leaving said East 712
line of the Southeast 1/4 of the Northeast 1/4 of Section 9, run 713
thence South 89 degrees 46 minutes 45 seconds West for a distance 714
of 1,315.51 feet to the POINT OF BEGINNING, containing 20.00 715
acres, more or less. 716
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 30 (BS\KP)
And Also: An easement for the purpose of ingress and egress 717
being situated in the Southeast 1/4 of the Northeast 1/4 and in 718
the Northeast 1/4 of the Southeast 1/4 of Section 9, T3N-R3E, 719
Rankin County, Mississippi, and being more particularly described 720
as follows: 721
Begin at an existing 1/2" iron pin marking the Southwest 722
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 723
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 724
seconds East along the East line of the Southeast 1/4 of the 725
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 726
iron pin; leaving said East line of the Southeast 1/4 of the 727
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 728
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 729
thence North 00 degrees 22 minutes 19 seconds East for a distance 730
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 731
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 732
a set 1/2" iron pin; run thence North 89 degrees 46 minutes 45 733
seconds East for a distance of 25.00 feet to a set 1/2" iron pin; 734
run thence South 00 degrees 16 minutes 18 seconds West for a 735
distance of 76.66 feet to a set 1/2" iron pin; run thence South 00 736
degrees 22 minutes 19 seconds West for a distance of 619.81 feet 737
to a set 1/2" iron pin; run thence South 89 degrees 43 minutes 01 738
seconds West for a distance of 26.81 feet to a set 1/2" iron pin; 739
run thence North 00 degrees 06 minutes 13 seconds East along the 740
West line of the aforesaid Northeast 1/4 of the Southeast 1/4 of 741
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 31 (BS\KP)
Section 9 for a distance of 25.00 feet to the POINT OF BEGINNING, 742
containing 17,525.4 square feet, more or less. 743
61. Any municipality bordered on the east by 744
the Pascagoula River and on the south by the Mississippi Sound; 745
62. The property and structures thereon 746
located at parcel numbers 4969 198 000; 4969 200 000; 4969 201 747
000; 4969 206 000; 4969 207 000; 4969 208 000; 4969 218 000; 4969 748
199; 4969 204 000 and 4969 204 001, all in Block 4 of the original 749
town square in any municipality with a population in excess of one 750
thousand five hundred (1,500) according to the latest federal 751
decennial census and which is located in: 752
a. A county traversed by Interstate 55 753
and Interstate 20, and 754
b. A judicial district that has not 755
voted to come out from under the dry law as such law existed 756
before January 1, 2027; 757
63. Any municipality in which Mississippi 758
Highway 12 meets Mississippi Highway 17; 759
64. Any municipality in which U.S. Highway 49 760
and Mississippi Highway 469 intersect; 761
65. The clubhouse and associated nine-hole 762
golf course and related facilities located on or near the eastern 763
corner of the point at which Golf Course Road meets Athens Road, 764
in a county in which Mississippi Highway 13 and Mississippi 765
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 32 (BS\KP)
Highway 28 intersect, with GPS coordinates of approximately 766
31.900370078041004, -89.7928067652611; 767
66. Any facility located at the 768
south-to-southwest corner of the intersection of Madison Street 769
and Bolton Brownsville Road, in a municipality in which Bolton 770
Brownsville Road passes over Interstate 20, with GPS coordinates 771
of approximately 32.349067271758955, -90.4596221146197; 772
67. Any facility located at the northwest 773
corner of the intersection of Depot Street and Madison Street, in 774
a municipality in which Bolton Brownsville Road passes over 775
Interstate 20, with GPS coordinates of approximately 776
32.34903152971068, -90.46047660172901; 777
68. Any facility located on Hinds Boulevard 778
approximately three-tenths (0.3) of a mile south of the point at 779
which Hinds Boulevard diverges from Clinton Road, in a 780
municipality whose northern boundary partially consists of Snake 781
Creek Road, and whose southern boundary partially consists of 782
Mississippi Highway 18, with GPS coordinates of approximately 783
32.26384517526713, -90.41586570183475; 784
69. Any facility located on Pleasant Grove 785
Drive approximately one and three-tenths (1.3) miles southeast of 786
its intersection with Harmony Drive, in a county through which run 787
Interstate 55 and U.S. Highway 84, with GPS coordinates of 788
approximately 31.512043770371907, -90.2506094382595; 789
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 33 (BS\KP)
70. Any facility located immediately north of 790
the intersection of two roads, both named Mason Clark Drive, 791
located between two-tenths (0.2) and three-tenths (0.3) of a mile 792
southwest of Mississippi Highway 57/63, with GPS coordinates of 793
approximately 31.135950529733048, -88.53068674585575; 794
71. Any facility located on Raj Road 795
approximately three-tenths (0.3) of a mile south of Mississippi 796
Highway 57/63, with GPS coordinates of approximately 797
31.139553708288418, -88.53411203512971; 798
72. Any facility located on Raj Road 799
approximately one-tenth (0.1) of a mile south of Mississippi 800
Highway 57/63, with GPS coordinates of approximately 801
31.14184097577295, -88.53287700849411; 802
73. Any municipality through which run U.S. 803
Highway 45 and Mississippi Highway 145 and in which Mississippi 804
Highway 370 and Mississippi Highway 145 intersect; however, this 805
designation as a qualified resort area shall only apply to the 806
portion of such municipality which is located in a county that has 807
not voted to come out from under the dry law as such law existed 808
before January 1, 2027; 809
74. A municipality through which runs a 810
portion of the Tanglefoot Trail and in which Mississippi Highway 811
32 and East Front Street intersect; 812
75. Lot Three (3) in Block One Hundred 813
Seventy-eight (178) of the D.H. McInnis First Survey, sometimes 814
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 34 (BS\KP)
referred to as D.H. McInnis Railroad Addition, to the City of 815
Hattiesburg, the said lot having a frontage of thirty (30) feet on 816
the Eastern side of Front Street and extending back between 817
parallel lines ninety (90) feet to an alley, and being located in 818
the Northwest Quarter of Section 10, Township 4 North, Range 13 819
West, Forrest County, Mississippi; 820
76. An area of land in George County of 821
approximately eight and five hundredths (8.05) acres, bordered on 822
the east and northeast by Brushy Creek, on the northwest by Brushy 823
Creek Road, on the west by Beaver Creek Road, and on the south by 824
a property boundary running east and west; 825
77. A municipality in which Mississippi 826
Highway 15 intersects with Webster Street, and in which Webster 827
Street splits into Mill Street and Maben Starkville Road; 828
78. A municipality in which Mississippi 829
Highway 492 meets Mississippi Highway 35; 830
79. A facility operating as an event venue 831
and located on Mississippi Highway 589, with GPS coordinates of 832
approximately 31.36730, -89.50548; 833
80. An area situated in the SW 1/4 of Section 834
12, T7N-R2E, Madison County, Mississippi, and commencing at the 835
point on the Ross Barnett Reservoir directly east of the 836
intersection of North Natchez Street and Louisiana Street, then go 837
west on Louisiana Street to the intersection of Louisiana Street 838
and Andrew Jackson Street, then west on Andrew Jackson Street to 839
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 35 (BS\KP)
the intersection of Andrew Jackson Street and Choctaw Street, then 840
north on Choctaw Street to the intersection of Choctaw Street and 841
Republic Street, then west on Republic Street to the intersection 842
of Republic Street and Port Street, then north on Port Street to 843
the Natchez Trace right-of-way, then east on the Natchez Trace 844
right-of-way to the Ross Barnett Reservoir, then following the 845
Ross Barnett Reservoir south back to the point of beginning; 846
81. Any facility located on land more 847
particularly described as follows: 848
Commencing at a fence corner at the Northeast corner of 849
Section 34, Township 6 South, Range 3 East, Union County, 850
Mississippi, for the point of beginning; thence run South 00 851
degrees 31 minutes 39 seconds East, along the Section line, a 852
distance of 161.83 feet to a one-half inch iron pin, thence North 853
88 degrees 20 minutes 48 seconds West, along a fence, a distance 854
of 1221.09 feet to a one-half iron pin, thence South 09 degrees 45 855
minutes 37 seconds West, along a fence, a distance of 61.49 feet 856
to a one-half inch iron pin, thence North 84 degrees l8 minutes 01 857
seconds West, along a fence, (passing through a one-half inch iron 858
pin at 196.83 feet) a distance of 234.62 feet to a mag-nail on the 859
centerline of Union County Road No. 137, thence North 11 degrees 860
00 minutes 29 seconds East a distance of 187.87 feet to a one-half 861
inch iron pin on the West edge of said road, thence North 29 862
degrees 41 minutes 28 seconds East a distance of 59.28 feet to a 863
point on the centerline of said road, thence South 89 degrees 13 864
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 36 (BS\KP)
minutes 02 seconds East (passing through a one-half inch iron pin 865
at 30.0 feet) along the South line of the Bernard Whiteside 866
property as recorded in Deed Book 117, Pages 517-518 and Deed Book 867
214, page 109, a distance of 646.07 feet to a concrete monument, 868
thence South 89 degrees 13 minutes 02 seconds East a distance of 869
751.31 feet to a one-half inch iron pin, thence South 00 degrees 870
31 minutes 39 seconds East, along the aforesaid Section line, a 871
distance of 52.93 feet to the point of beginning, said tract lying 872
in the Southeast Quarter of Section 27, and the Northeast Quarter 873
of Section 34, Township 6 South, Range 3 East and containing 6.99 874
acres. 875
Subject to a perpetual all purpose non-exclusive easement for 876
ingress, egress and public utilities together the right to enter 877
upon the above described property and do any and all work 878
necessary to build, repair and maintain a roadway or well or 879
install public utilities all over upon and across the following 880
described property: 881
A 25.0 foot easement for ingress and egress, being 12.5 feet 882
to the right and 12.5 feet to the left of the following described 883
centerline: Commencing at a fence corner at the Northeast corner 884
of Section 34, Township 6 South, Range 3 East, Union County, 885
Mississippi, thence run South 00 degrees 31 minutes 39 seconds 886
East, along the Section line, a distance of 149.33 feet to the 887
point of beginning; thence North 88 degrees 20 minutes 48 seconds 888
West a distance of 1231.46 feet to a point, thence South 09 889
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 37 (BS\KP)
degrees 45 minutes 37 seconds West a distance of 61.49 feet to a 890
point, thence North 84 degrees 18 minutes 01 seconds West a 891
distance of 221.82 feet to a point on the centerline of Union 892
County Road #137, said tract lying in the Northeast Quarter of 893
Section 34, Township 6 South, Range 3 East; 894
82. A country club located: 895
a. In a county in which Mississippi 896
Highway 15 and Mississippi Highway 16 intersect and which county 897
has not voted to come out from under the dry law as such law 898
existed before January 1, 2027, and 899
b. Outside the corporate limits of any 900
municipality in such county and within one (1) mile of the 901
corporate limits of a municipality that is the county seat of such 902
county; 903
83. Any facility located on North Jackson 904
Street in a municipality through which run Mississippi Highway 8 905
and Mississippi Highway 15, with GPS coordinates of approximately 906
33.913692, -89.005219; 907
84. Any facility located on North Jackson 908
Street in a municipality through which run Mississippi Highway 8 909
and Mississippi Highway 15, with GPS coordinates of approximately 910
33.905581, -89.00200; 911
85. Any facility located on land more 912
particularly described as follows: 913
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 38 (BS\KP)
Commencing at the Southeast corner of Section 4, Township 914
6 South, Range 18 West, Pearl River County, Mississippi; 915
thence West 1310.00 feet to a T-bar; thence North 745.84 feet; 916
thence East 132.00 feet to a 1" iron pipe; thence North 83.61 917
feet for the Point of Beginning; thence South 79 degrees 02 918
minutes 61 seconds West 248.28 feet; thence West 76.35 feet; 919
thence North 20 degrees 00 minutes 00 seconds West 185.54 920
feet; thence North 52 degrees 43 minutes 14 seconds East 365.98 921
feet to a 1" iron pipe on the West margin of Henry Smith Road, 922
a gravel/paved, public road; thence along said margin South 17 923
degrees 59 minutes 13 seconds East 299.09 feet; thence South 924
64.39 feet to the Point of Beginning. This parcel containing 925
2.19 acres and being a part of the East 1/2 of Section 4, 926
Township 6 South, Range 18 West, Pearl River County, 927
Mississippi. 928
INDEXING: BEING A PART OF THE EAST 1/2 OF SECTION 4, 929
TOWNSHIP 6 SOUTH, RANGE 18 WEST, PEARL RIVER COUNTY, 930
MISSISSIPPI; 931
86. Any facility located on land in a county 932
through which run Mississippi Highway 25 and U.S. Highway 82 and 933
more particularly described as follows: Beginning at a point with 934
GPS coordinates of approximately 33.331869, -88.715054; then 935
running in a straight line to a point with GPS coordinates of 936
approximately 33.336207, -88.713453; then running in a straight 937
line to a point with GPS coordinates of approximately 33.335369, 938
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 39 (BS\KP)
-88.709835; then running in a straight line to a point with GPS 939
coordinates of approximately 33.330870, -88.711496; then running 940
in a straight line to a point with GPS coordinates of 941
approximately 33.331869, -88.715054 and the point of the 942
beginning; 943
87. Any facility located on land that is 944
owned by a community college that is located in a county through 945
which run U.S. Highway 51 and Mississippi Highway 4; 946
88. Any facility located on Mississippi 947
Highway 23/178 in a municipality in which Mississippi Highway 948
23/178 and Stone Drive intersect, with GPS coordinates of 949
approximately 34.235269, -88.262409; 950
89. Any facility located on U.S. Highway 51 951
in a municipality through which run Interstate 55, U.S. Highway 51 952
and the Natchez Trace Parkway, with GPS coordinates of 953
approximately 32.42042°N, 90.13473°W; 954
90. Any facility located on Mullican Road in 955
a county through which run U.S. Highway 84 and Interstate 59, 956
with GPS coordinates of approximately 31.73395N, 89.18186W; 957
91. Any facility located on land in a county 958
through which run Mississippi Highway 25 and U.S. Highway 82 and 959
more particularly described as follows: Beginning at a point with 960
GPS coordinates of approximately 33.37391, -88.80645; then running 961
in a straight line to a point with GPS coordinates of 962
approximately 33.37391, -88.79972; then running in a straight line 963
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 40 (BS\KP)
to a point with GPS coordinates of approximately 33.36672, 964
-88.80644; then running in a straight line to a point with GPS 965
coordinates of approximately 33.36674, -88.79971; then running in 966
a straight line to a point with GPS coordinates of approximately 967
33.37391, -88.80645 and the point of the beginning; 968
92. Any facility located on land more 969
particularly described as follows: 970
All that part of the South half (S 1/2) of the SE 1/4 of NE 971
1/4 of Section 14, Township 4 North, Range 15 West, lying and 972
being West of State Highway No. 589, containing one (1) acre, more 973
or less. 974
LESS AND EXCEPT: 975
Begin at the point of intersection of the North line of the 976
South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 14, 977
Township 4 North, Range 15 West with the present Southwesterly 978
right-of-way line of Mississippi Highway No. 589, said point is 979
also the Northeast corner of grantor property; said point is 50.6 980
feet West of Station 7 + 59.27 on the centerline of survey of 981
Mississippi Highway No. 589 as shown on the plans for State 982
Project No. SP-0014-2(10); from said POINT OF BEGINNING run thence 983
South 08°57' East along said present Southwesterly right-of-way 984
line, a distance of 37.1 feet to a point that is perpendicular to 985
and 50 feet Southwesterly of Station 7 + 30 on the centerline of 986
survey of Mississippi Highway 589 as shown on the plans for said 987
project; run thence South 81°03' West, a distance of 35.7 feet to 988
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 41 (BS\KP)
the West line of the South 1/2 of the Southeast 1/4 of the 989
Northeast 1/4 of said Section 14 and the West line of grantors 990
property; run thence North along said West property line, a 991
distance of 42.2 feet to the Northwest corner of the South 1/2 of 992
the Southeast 1/4 of the Northeast 1/4 of said Section 14 and the 993
Northwest corner of grantors property; run thence East along 994
grantors North property line, a distance of 29.5 feet to the POINT 995
OF BEGINNING containing 0.03 acres, more or less, and all being 996
situated in and a part of the South 1/2 of the Southeast 1/4 of 997
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 998
Lamar County, Mississippi. 999
LESS AND EXCEPT: 1000
A part of the South one-half of the Southeast 1/4 of 1001
Northeast 1/4, Northerly of a certain fence and West of 1002
Mississippi State Highway 589, in Section 14, Township 4 North, 1003
Range 15 West, Lamar County, Mississippi and more particularly 1004
described as commencing at a pine (lighter) stake being used as 1005
the Southwest corner of the Northeast 1/4 of Southeast 1/4 of the 1006
above said Section 14, thence North and along the West line of the 1007
East 1/4 of the above said Section 14 1638.8 feet to the POINT OF 1008
BEGINNING. Thence continue North and along the West line of the 1009
East 1/4 of the above said Section 14, 278.5 feet to the Southerly 1010
line of the property Bobby G. Aultman and Marilyn S. Aultman 1011
previously sold to the Mississippi State Highway Department; 1012
thence North 81°03' East and along the above said Southerly 1013
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 42 (BS\KP)
property line for 35.7 feet more or less to the Westerly 1014
right-of-way line of Mississippi State Highway 589; thence 1015
Southeasterly and along the above said Westerly right-of-way line 1016
232.7 feet to a concrete right-of-way marker; thence South 51°39' 1017
West and along the Northerly line of a wooden fence 88 feet to the 1018
POINT OF BEGINNING. 1019
AND ALSO: 1020
A parcel of land in a part of the Southeast 1/4 of Northwest 1021
1/4 and a part of the Southwest 1/4, Section 14, Township 4 North, 1022
Range 15 West, Lamar County, Mississippi, and more particularly 1023
described as beginning at a point where the Southerly right-of-way 1024
line of U.S. Highway 98 intersects the West line of the above said 1025
Southeast 1/4 of Northwest 1/4; thence North 67°34' East and along 1026
the Southerly right-of-way line of said highway 208.75 feet; 1027
thence South 208.75 feet; thence South 67°34' West 208.75 feet; 1028
thence South 141.3 feet; thence North 89°07'30" West 388.9 feet to 1029
the centerline of Parkers Creek; thence Northerly and along the 1030
centerline of said creek for the next three (3) calls: North 1031
35°53' East 115.6 feet; North 25°05' East 68.5 feet; North 1032
09°51'30" West 64.3 feet to the Southerly right-of-way line of 1033
U.S. Highway 98; thence North 67°34' East and along the Southerly 1034
right-of-way line of said highway 327.85 feet to the POINT OF 1035
BEGINNING. The above described area contains 3.02 acres. 1036
AND ALSO: 1037
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 43 (BS\KP)
Commencing at the Southwest corner of the Southwest 1/4 of 1038
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 1039
Lamar County, Mississippi, run South 88°05'27" East 310.00 feet, 1040
thence South 0°53'16" West 60.50 feet to a point on a fence line, 1041
thence run along fence line South 88°05'27" East 718.93 feet to 1042
the POINT OF BEGINNING, thence North 08°48'10" West 714.67 feet to 1043
a point on the South right-of-way line of Highway No. 98, thence 1044
along said right-of-way along a curve to the right with a delta 1045
angle of 02°04'26" having a radius of 5603.58 feet and an arc 1046
length of 202.84 feet, with a chord bearing a distance of North 1047
71°53'47" East 202.83 feet to a Concrete Highway right-of-way 1048
marker, thence South 20°09'13" East 328.13 feet, thence South 1049
69°00'47" East 117.68 feet, thence South 0°58'19" West 429.12 feet 1050
to a Point on Possession Line fence, thence along said fence North 1051
88°05'27" West 299.23 feet back to the POINT OF BEGINNING, 1052
containing 5.0885 acres, more or less and being situated in the SW 1053
1/4 of the NE 1/4 and the NW 1/4 of the SE l/4 of said Section 14, 1054
together with all improvements and appurtenances thereunto 1055
belonging. 1056
AND ALSO: 1057
PARCEL NUMBER ONE: That part of the Northwest Quarter of the 1058
Southwest Quarter (Northwest 1/4 of the Southwest 1/4) of Section 1059
14, Township 4 North, Range 15 West, of Lamar County, Mississippi, 1060
being located and situated East of the center thread of Mill Creek 1061
as the same presently runs through and bisects said 40-acre tract, 1062
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 44 (BS\KP)
and comprising 10.9 acres, more or less, and all being part of the 1063
Northwest Quarter of the Southwest Quarter (Northwest 1/4 of the 1064
Southwest 1/4) of said Section, Township and Range, Lamar County, 1065
Mississippi. 1066
AND ALSO: 1067
PARCEL NUMBER TWO: A part of the Southeast Quarter of the 1068
Northwest Quarter (Southeast 1/4 of the Northwest 1/4) and part of 1069
the Northeast Quarter of the Southwest (Northeast 1/4 of the 1070
Southwest 1/4) all in Section 14, Township 4 North, Range 15 West, 1071
Lamar County, Mississippi, being more particularly described as 1072
follows, to wit: 1073
Beginning at a point where the South margin of State Highway 1074
98 intersects the West margin of the Southeast 1/4 of the 1075
Northwest 1/4 of Section 14, Township 4 North, Range 15 West, and 1076
run Easterly along the South margin of said highway right-of-way 1077
208.75 feet; thence South 208.75 feet; thence Westerly parallel 1078
with the South margin of said highway right-of-way 208.75 feet to 1079
the West forty line; thence North 208.75 feet to the POINT OF 1080
BEGINNING, containing 1 acre, more or less. 1081
LESS AND EXCEPT: 1082
Begin at the point of intersection of an Easterly line of 1083
grantors property with the present Southerly right-of-way line of 1084
U.S. Highway 98 as shown on the plans for State Project No. 1085
97-0014-02-044-10; from said POINT OF BEGINNING run thence South 1086
02°56' West along said Easterly property line, a distance of 127.6 1087
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 45 (BS\KP)
feet; thence run South 69°11' West, a distance of 52.9 feet; 1088
thence run South 67°13' West, a distance of 492.7 feet to the 1089
Westerly line of grantors property and the center of a creek; 1090
thence run Northerly along said Westerly property line and said 1091
center of creek, a distance of 122.8 feet to said present 1092
Southerly right-of-way line; thence run North 67°13' East along 1093
said present Southerly right-of-way line, a distance of 553.4 feet 1094
to the POINT OF BEGINNING, containing 1.43 acres, more or less, 1095
and being situated in and a part of the North 1/2 of the Southwest 1096
1/4 of Section 14, Township 4 North, Range 15 West, Lamar County, 1097
Mississippi. 1098
LESS AND EXCEPT: 1099
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 4 1100
NORTH, RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI, PROCEED EAST 1101
2136.60 FEET; THENCE NORTH 2508.67 FEET TO AN IRON PIN AND THE 1102
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 1103
FROM THE DESCRIBED POINT OF BEGINNING, PROCEED NORTH 1104
11°19'49" EAST 217.55 FEET TO AN IRON PIN; THENCE NORTH 40°11'01" 1105
EAST 118.28 FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 1106
179.15 FEET TO AN IRON PIN ON THE SOUTHERN BOUNDARY OF U.S. 1107
HIGHWAY 98; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY BOUNDARY OF 1108
SAID HIGHWAY AS FOLLOWS: SOUTH 67°35'21" WEST 699.55 FEET TO AN 1109
IRON PIN; THENCE SOUTH 69°16'57" WEST 67.67 FEET TO A CONCRETE 1110
RIGHT-OF-WAY MARKER; THENCE SOUTH 67°35'21" WEST 310.34 FEET TO AN 1111
IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 01°25'53" WEST 1112
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 46 (BS\KP)
667.21 FEET TO AN IRON PIN; THENCE NORTH 67°35'21" EAST 491.91 1113
FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 193.77 FEET TO AN 1114
IRON PIN; THENCE NORTH 67°35'21" EAST 629.48 FEET BACK TO THE 1115
POINT OF BEGINNING. 1116
SAID PARCEL CONTAINS 12.39 ACRES AND IS LOCATED PART IN THE 1117
SE 1/4 OF THE NW 1/4, PART IN THE NE 1/4 OF THE SW 1/4, AND PART 1118
IN THE NW 1/4 OF THE SW 1/4, ALL IN SECTION 14, TOWNSHIP 4 NORTH, 1119
RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI; 1120
93. The clubhouse and associated golf course, 1121
tennis courts, swimming pools and related facilities located at 1122
333 Fairway Drive, Pontotoc, Mississippi; 1123
94. Any facility located on land more 1124
particularly described as follows: 1125
A 4.16 acre parcel being situated in the SE 1/4 of SE 1/4 of 1126
Section 31, T3N-R1E, Rankin County, Mississippi, and being more 1127
particularly described as follows: 1128
Commencing at the SE corner of said Section 31, run thence 1129
WEST - 643.33 feet to a point on the mean high water line of the 1130
Pearl River; thence North 10 degrees 50 minutes 51 seconds West - 1131
444.38 feet along said mean high water line; thence North 11 1132
degrees 58 minutes 08 seconds West - 58.90 feet along said mean 1133
high water line to the POINT OF BEGINNING: run thence North 11 1134
degrees 58 minutes 08 seconds West - 326.63 feet along said mean 1135
high water line; thence North 19 degrees 52 minutes 24 seconds 1136
West - 74.80 feet along said mean high water line; thence North 78 1137
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 47 (BS\KP)
degrees 01 minutes 52 seconds East - 464.81 feet; thence South 07 1138
degrees 25 minutes 10 seconds East - 39.75 feet; thence South 11 1139
degrees 58 minutes 08 seconds East - 361.10 feet; thence South 78 1140
degrees 01 minutes 52 seconds West - 451.31 feet to the POINT OF 1141
BEGINNING. 1142
TOGETHER WITH a 30 foot wide access easement being situated 1143
in the SE 1/4 of Section 31, T3N, R1E, Rankin County, Mississippi; 1144
being 15 feet either side of a centerline and being more 1145
particularly described as follows: 1146
Commencing at the SE corner of said Section, run thence North 1147
- 380.22 feet to a point on the northerly right-of-way of Moncure 1148
Road; thence North 86 degrees 39 minutes 56 seconds West - 257.25 1149
feet along said road to the POINT OF BEGINNING; run thence North 1150
11 degrees 58 minutes 08 seconds West - 557.86 feet to the POINT 1151
OF TERMINUS; 1152
95. Any municipality in which Mississippi 1153
Highway 26 and U.S. Highway 11 intersect and a public community 1154
college is located; 1155
96. Any municipality in which Mississippi 1156
Highway 15 meets U.S. Highway 82; 1157
97. Any facility and/or venue and related 1158
property at 305 South Monroe Street, Houston, Mississippi. 1159
The status of these municipalities, districts, clubhouses, 1160
facilities, golf courses and areas described in this paragraph 1161
(o)(iii) as qualified resort areas does not require any 1162
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 48 (BS\KP)
declaration of same by the department. In addition, the status of 1163
these municipalities, districts, clubhouses, facilities, golf 1164
courses, restaurants and areas described in this paragraph 1165
(o)(iii) as qualified resort areas shall not be affected by the 1166
institution of prohibition by a county or municipality. 1167
The governing authorities of a municipality or county 1168
described, in whole or in part, in item 6, 21, 24, 25, 26, 27, 28, 1169
29, 30, 31, 34, 35, 36, 37, 38, 39, 46, 48, 51, 53, 54, 55, 56, 1170
58, 59, 61, 63, 64, 66, 67, 68, 73, 74, 83, 84, 93, 94, 95, 96, or 1171
97 of this paragraph (o)(iii) may by ordinance, with respect to 1172
the qualified resort area described in the same item: specify the 1173
hours of operation of facilities offering alcoholic beverages for 1174
sale; specify the percentage of revenue that facilities offering 1175
alcoholic beverages for sale must derive from the preparation, 1176
cooking and serving of meals and not from the sale of beverages; 1177
and designate the areas in which facilities offering alcoholic 1178
beverages for sale may be located. 1179
(p) "Native wine" means any product, produced in 1180
Mississippi for sale, having an alcohol content not to exceed 1181
twenty-one percent (21%) by weight and made in accordance with 1182
revenue laws of the United States, which shall be obtained 1183
primarily from the alcoholic fermentation of the juice of ripe 1184
grapes, fruits, berries, honey or vegetables grown and produced in 1185
Mississippi; provided that bulk, concentrated or fortified wines 1186
used for blending may be produced without this state and used in 1187
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 49 (BS\KP)
producing native wines. The department shall adopt and promulgate 1188
rules and regulations to permit a producer to import such bulk 1189
and/or fortified wines into this state for use in blending with 1190
native wines without payment of any excise tax that would 1191
otherwise accrue thereon. 1192
(q) "Native winery" means any place or establishment 1193
within the State of Mississippi where native wine is produced, in 1194
whole or in part, for sale. 1195
(r) "Bed and breakfast inn" means an establishment 1196
within a municipality where in consideration of payment, breakfast 1197
and lodging are habitually furnished to travelers and wherein are 1198
located not less than eight (8) and not more than nineteen (19) 1199
adequately furnished and completely separate sleeping rooms with 1200
adequate facilities, that persons usually apply for and receive as 1201
overnight accommodations; however, such restriction on the minimum 1202
number of sleeping rooms shall not apply to establishments on the 1203
National Register of Historic Places. No place shall qualify as a 1204
bed and breakfast inn under this article unless on the date of the 1205
initial application for a license under this article more than 1206
fifty percent (50%) of the sleeping rooms are located in a 1207
structure formerly used as a residence. 1208
(s) "Board" shall refer to the Board of Tax Appeals of 1209
the State of Mississippi. 1210
(t) "Spa facility" means an establishment within a 1211
municipality or qualified resort area and owned by a hotel where, 1212
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 50 (BS\KP)
in consideration of payment, patrons receive from licensed 1213
professionals a variety of private personal care treatments such 1214
as massages, facials, waxes, exfoliation and hairstyling. 1215
(u) "Art studio or gallery" means an establishment 1216
within a municipality or qualified resort area that is in the sole 1217
business of allowing patrons to view and/or purchase paintings and 1218
other creative artwork. 1219
(v) "Cooking school" means an establishment within a 1220
municipality or qualified resort area and owned by a nationally 1221
recognized company that offers an established culinary education 1222
curriculum and program where, in consideration of payment, patrons 1223
are given scheduled professional group instruction on culinary 1224
techniques. For purposes of this paragraph, the definition of 1225
cooking school shall not include schools or classes offered by 1226
grocery stores, convenience stores or drugstores. 1227
(w) "Campus" means property owned by a public school 1228
district, community or junior college, college or university in 1229
this state where educational courses are taught, school functions 1230
are held, tests and examinations are administered or academic 1231
course credits are awarded; however, the term shall not include 1232
any "restaurant" or "hotel" that is located on property owned by a 1233
community or junior college, college or university in this state, 1234
and is operated by a third party who receives all revenue 1235
generated from food and alcoholic beverage sales. 1236
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 51 (BS\KP)
(x) "Native spirit" shall mean any beverage, produced 1237
in Mississippi for sale, manufactured primarily by the 1238
distillation of fermented grain, starch, molasses or sugar 1239
produced in Mississippi, including dilutions and mixtures of these 1240
beverages. In order to be classified as "native spirit" under the 1241
provisions of this article, at least fifty-one percent (51%) of 1242
the finished product by volume shall have been obtained from 1243
distillation of fermented grain, starch, molasses or sugar grown 1244
and produced in Mississippi. 1245
(y) "Native distillery" shall mean any place or 1246
establishment within this state where native spirit is produced in 1247
whole or in part for sale. 1248
(z) "Warehouse operator" shall have the meaning 1249
ascribed in Section 67-1-201. 1250
(aa) "Craft spirit" shall mean any alcoholic beverage 1251
produced, in whole or in part, in Mississippi by a distillery 1252
created under the laws of Mississippi at a location within 1253
Mississippi. 1254
(bb) "Craft distillery" shall mean any place or 1255
establishment within this state where craft spirit is produced in 1256
whole or in part. 1257
SECTION 3. Section 67-1-7, Mississippi Code of 1972, is 1258
amended as follows: 1259
67-1-7. (1) Except * * * in those counties that hold an 1260
election pursuant to this article and vote to institute 1261
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 52 (BS\KP)
prohibition, and subject to all of the provisions and restrictions 1262
contained in this article, the manufacture, sale, distribution, 1263
and transportation of alcoholic beverages shall be lawful * * *. 1264
Beginning on April 16, 2021, except as otherwise provided in 1265
Section 67-1-51 for holders of a caterer's permit, the 1266
manufacture, sale and distribution of alcoholic beverages shall 1267
not be permissible or lawful in counties except in (a) 1268
incorporated municipalities located within such counties, (b) 1269
qualified resort areas within such counties approved as such by 1270
the department, or (c) clubs within such counties, whether within 1271
a municipality or not. However, any permits issued by the 1272
department between July 1, 2020, and April 15, 2021, for the 1273
manufacture, sale and distribution of alcoholic beverages, whether 1274
or not issued to permittees in such municipalities, qualified 1275
resort areas or clubs, shall be eligible for renewal on or after 1276
April 16, 2021. 1277
The manufacture, sale, distribution and possession of native 1278
wines, native spirits or craft spirits shall be lawful in any 1279
location within any such county except those locations where the 1280
manufacture, sale or distribution is prohibited by law other than 1281
this section or by regulations of the department. However, 1282
notwithstanding this provision, municipalities * * * may enforce 1283
such proper rules and regulations for fixing zones and territories 1284
to promote public health, morals, and safety, as they may by 1285
ordinance provide. The board of supervisors of any county * * * 1286
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 53 (BS\KP)
may make such rules and regulations as to territory outside of 1287
municipalities as are herein provided for municipalities. 1288
Notwithstanding the provisions of any other law, 1289
municipalities may enforce such proper location of package 1290
retailer stores within the municipality by application of a 1291
properly adopted zoning ordinance. 1292
(2) Notwithstanding the foregoing, within any state park or 1293
any state park facility that has been declared a qualified resort 1294
area by the department, and within any qualified resort area as 1295
defined under Section 67-1-5(o)(iii), an on-premises retailer's 1296
permit may be issued for the qualified resort area, and the 1297
permittee may lawfully sell alcoholic beverages for consumption on 1298
his licensed premises regardless of whether or not the county or 1299
municipality in which the qualified resort area is located has 1300
voted in favor of * * * instituting prohibition, and it shall be 1301
lawful to receive, store, sell, possess and consume alcoholic 1302
beverages on the licensed premises, and to sell, distribute and 1303
transport alcoholic beverages to the licensed premises. Moreover, 1304
the governing authorities of a municipality in which a qualified 1305
resort area defined under Section 67-1-5(o)(iii)5, 7, 21, 39 or 46 1306
is located, the Pearl River Valley Water Supply District Board 1307
which governs the qualified resort area defined under Section 1308
67-1-5(o)(iii)8.a.A, the board of supervisors of the county in 1309
which qualified resort area defined under Section 1310
67-1-5(o)(iii)8.a.B and C is located, and the board of supervisors 1311
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 54 (BS\KP)
of a county in which a qualified resort area defined under Section 1312
67-1-5(o)(iii)44 or 80 is located, may, by ordinance or 1313
resolution, provide that package retailer's permits may be issued 1314
in the applicable qualified resort area, and that it shall be 1315
lawful to receive, store, sell, possess and distribute alcoholic 1316
beverages in accordance with such package retailer's permits. 1317
SECTION 4. Section 67-1-9, Mississippi Code of 1972, is 1318
amended as follows: 1319
67-1-9. (1) It shall be * * * lawful for any person to 1320
manufacture, distill, brew, sell, import into this state, * * * 1321
transport, distribute, warehouse, store, solicit, take order for, 1322
bottle, rectify, blend, treat, mix or process any alcoholic 1323
beverage * * * as authorized in this article. * * * Nothing 1324
contained herein shall prevent importers, wineries and distillers 1325
of alcoholic beverages from storing such alcoholic beverages in 1326
private bonded warehouses located within the State of Mississippi 1327
for the ultimate use and benefit of the Department of Revenue as 1328
provided in Section 67-1-41. The department is hereby authorized 1329
to promulgate rules and regulations for the establishment of such 1330
private bonded warehouses and for the control of alcoholic 1331
beverages stored in such warehouses. Additionally, nothing herein 1332
contained shall prevent any duly licensed practicing physician or 1333
dentist from possessing or using alcoholic liquor in the strict 1334
practice of his profession, or prevent any hospital or other 1335
institution caring for sick and diseased persons, from possessing 1336
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 55 (BS\KP)
and using alcoholic liquor for the treatment of bona fide patients 1337
of such hospital or other institution. Any drugstore employing a 1338
licensed pharmacist may possess and use alcoholic liquors in the 1339
combination of prescriptions of duly licensed physicians. The 1340
possession and dispensation of wine by an authorized 1341
representative of any church for the purpose of conducting any 1342
bona fide rite or religious ceremony conducted by such church 1343
shall not be prohibited by this article. 1344
(2) Any person, upon conviction of any provision of this 1345
section, shall be punished as follows: 1346
(a) By a fine of not less than One Hundred Dollars 1347
($100.00), nor more than Five Hundred Dollars ($500.00), or by 1348
imprisonment in the county jail not less than one (1) week nor 1349
more than three (3) months, or both, for the first conviction 1350
under this section. 1351
(b) By a fine of not less than One Hundred Dollars 1352
($100.00) nor more than Five Thousand Dollars ($5,000.00) or by 1353
imprisonment in the county jail not less than sixty (60) days, nor 1354
more than six (6) months, or both fine and imprisonment, for the 1355
second conviction for violating this section. 1356
(c) By a fine of not less than One Hundred Dollars 1357
($100.00) nor more than Five Thousand Dollars ($5,000.00) or by 1358
imprisonment in the State Penitentiary not less than one (1) year, 1359
nor more than five (5) years, or both fine and imprisonment, for 1360
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 56 (BS\KP)
conviction the third time under this section for the violation 1361
thereof after having been twice convicted of its violation. 1362
(3) Nothing in this section shall make it unlawful to 1363
transport bottles or containers of alcoholic beverages that are 1364
legally purchased in this state if the bottles or containers are 1365
unopened and are being transported on state or federal highway. 1366
SECTION 5. Section 67-1-11, Mississippi Code of 1972, is 1367
amended as follows: 1368
67-1-11. (1) From and after January 1, 2027, 1369
notwithstanding any provision of this article, * * * a county may 1370
hold an election to determine whether to institute prohibition and 1371
make the sale, manufacture and distribution of alcoholic beverages 1372
illegal. 1373
(2) Upon presentation and filing of a proper petition 1374
requesting same signed by at least twenty percent (20%) or fifteen 1375
hundred (1,500), whichever number is the lesser, of the qualified 1376
electors of the county, it shall be the duty of the board of 1377
supervisors to call an election at which there shall be submitted 1378
to the qualified electors of the county the question of whether or 1379
not the sale, * * * distribution and manufacture of alcoholic 1380
beverages shall be * * * prohibited in such county as provided in 1381
this article. Such election shall be held and conducted by the 1382
county election commissioners on a date fixed by the order of the 1383
board of supervisors, which date shall not be more than sixty (60) 1384
days from the date of the filing of said petition. Notice thereof 1385
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 57 (BS\KP)
shall be given by publishing such notice once each week for at 1386
least three (3) consecutive weeks in some newspaper published in 1387
said county or, if no newspaper be published therein, by such 1388
publication in a newspaper in an adjoining county and having a 1389
general circulation in the county involved. The election shall be 1390
held not earlier than fifteen (15) days from the first publication 1391
of such notice. 1392
(3) Said election shall be held and conducted as far as may 1393
be possible in the same manner as is provided by law for the 1394
holding of general elections. The ballots used thereat shall 1395
contain a brief statement of the proposition submitted and, on 1396
separate lines, the words "I vote FOR * * * prohibiting alcoholic 1397
beverages and making ________ County a dry county ( )" "I vote 1398
AGAINST * * * prohibiting alcoholic beverages and making ________ 1399
County a dry county ( )" with appropriate boxes in which the 1400
voters may express their choice. All qualified electors may vote 1401
by marking the ballot with a cross (x) or check (√) mark opposite 1402
the words of their choice. 1403
(4) The election commissioners shall canvass and determine 1404
the results of said election, and shall certify same to the board 1405
of supervisors which shall adopt and spread upon its minutes an 1406
order declaring such results. If, in such election, a majority of 1407
the qualified electors participating therein shall vote in favor 1408
of the proposition, * * * the manufacture, sale and distribution 1409
of alcoholic beverages * * * in such county shall be * * * 1410
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 58 (BS\KP)
unlawful to the extent and in the manner * * * prohibited hereby. 1411
If, on the other hand, a majority of the qualified electors 1412
participating in the election shall vote against the 1413
proposition, * * * the manufacture, sale and distribution of 1414
alcoholic beverages shall remain lawful to the extent and in the 1415
manner permitted hereby. In either case, no further election 1416
shall be held in said county under the provisions of this article 1417
for a period of * * * four (4) years from the date of the prior 1418
election and then only upon the filing of a petition requesting 1419
same signed by at least twenty percent (20%) or fifteen hundred 1420
(1,500), whichever number is the lesser, of the qualified electors 1421
of the county as is otherwise provided herein. 1422
(5) If a majority of the qualified electors participating in 1423
the election vote for the proposition, all alcohol permits issued 1424
to locations within the county shall expire thirty (30) days from 1425
the date the official recapitulation on the election is executed 1426
by the county. However, notwithstanding an election instituting 1427
the prohibition laws in a county, the manufacture, sale and 1428
distribution of alcoholic beverages shall be lawful in a 1429
municipality located in such county if the manufacture, sale and 1430
distribution of alcoholic beverages was lawful in such 1431
municipality before January 1, 2027, and the municipality has not 1432
voted after January 1, 2027, for instituting prohibition. In 1433
addition, notwithstanding an election instituting the prohibition 1434
laws in a county, the holder of a native wine producer's permit or 1435
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 59 (BS\KP)
a native wine retailer's permit is allowed to continue to operate 1436
under such permits and to renew such permits. Possession of 1437
native wines and personal property related to the activities of 1438
the native wine permit holder which would otherwise be unlawful 1439
under prohibition shall be allowed subject to regulations of the 1440
Alcoholic Beverage Control Division. 1441
SECTION 6. Section 67-1-13, Mississippi Code of 1972, is 1442
amended as follows: 1443
67-1-13. (1) When * * * a county has voted to institute 1444
prohibition as a result of an election called and held as provided 1445
in Section 67-1-11, the same may be made ineffective and 1446
inapplicable therein by an election called and held upon a 1447
petition filed with the board of supervisors requesting same 1448
signed by at least twenty percent (20%) or fifteen hundred (1500), 1449
whichever number is the lesser, of the qualified electors of the 1450
county as is otherwise provided in Section 67-1-11, all of the 1451
provisions of which shall be fully applicable thereto. However, 1452
nothing herein shall authorize or permit the calling and holding 1453
of any election under this chapter in any county more often than 1454
once every * * * four (4) years. If in such election, a majority 1455
of the qualified electors participating therein shall vote * * * 1456
for legalizing the sale, distribution and manufacturing of 1457
alcoholic beverages, then the prohibition laws of the State of 1458
Mississippi * * * shall become * * * inapplicable in said county. 1459
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 60 (BS\KP)
(2) Notwithstanding an election reinstating the prohibition 1460
laws in a political subdivision, the holder of a native wine, 1461
native spirit, or craft spirit producer's permit or a native wine, 1462
native spirit, or craft spirit retailer's permit is allowed to 1463
continue to operate under such permits and to renew such permits. 1464
Possession of native wines, native spirits, or craft spirits and 1465
personal property related to the activities of the native wine 1466
permit, native spirit permit, or craft spirit permit holder which 1467
would otherwise be unlawful under prohibition shall be allowed 1468
subject to regulations of the Alcoholic Beverage Control Division. 1469
SECTION 7. Section 67-1-14, Mississippi Code of 1972, is 1470
amended as follows: 1471
67-1-14. (1) The legalizing provisions of this article may 1472
be effective, applicable and operative in any municipality located 1473
in a county which has voted * * * for instituting prohibition if a 1474
local option election shall be called and held in such 1475
municipality in the manner and with the results hereinafter 1476
provided. However, notwithstanding any other provision of this 1477
section, the manufacture, sale and distribution of alcoholic 1478
beverages shall be lawful in a municipality located in such county 1479
if the manufacture, sale and distribution of alcoholic beverages 1480
was lawful in such municipality before January 1, 2027, and the 1481
municipality has not voted after January 1, 2027, for instituting 1482
prohibition. 1483
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 61 (BS\KP)
(2) (a) Any municipality in this state that is located in a 1484
county which has voted * * * for instituting prohibition may, at 1485
an election held for the purpose under the election laws 1486
applicable to such municipality, either prohibit or permit, except 1487
as otherwise provided under Section 67-9-1, the sale of alcoholic 1488
beverages. An election to determine whether such sale shall be 1489
permitted in municipalities wherein its sale is prohibited by law 1490
shall be ordered by the municipal governing authorities upon the 1491
presentation of a petition to such governing authorities 1492
containing the names of at least twenty percent (20%) of the duly 1493
qualified voters of such municipality asking for such election. 1494
In like manner, an election to determine whether such sale shall 1495
be prohibited in municipalities wherein its sale is permitted by 1496
law shall be ordered by the municipal governing authorities upon 1497
the presentation of a petition to such governing authorities 1498
containing the names of at least twenty percent (20%) of the duly 1499
qualified voters of such municipality asking for such election. 1500
No election on either question shall be held by any one (1) 1501
municipality more often than once in * * * four (4) years. 1502
Thirty (30) days' notice shall be given to the qualified 1503
electors of such municipality, in the manner prescribed by law, 1504
upon the question of either permitting or prohibiting such sale, 1505
such notice to contain a statement of the question to be voted on 1506
at the election. The ballots to be used in the election shall 1507
have the following words printed thereon: "For the legal sale of 1508
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 62 (BS\KP)
alcoholic beverages" and the words "Against the legal sale of 1509
alcoholic beverages" next below. In marking his ballot the voter 1510
shall make a cross (X) opposite the words of his choice. 1511
If in the election a majority of the qualified electors 1512
voting in the election shall vote "for the legal sale of alcoholic 1513
beverages," then the municipal governing authorities shall pass 1514
the necessary order permitting the legal sale of such alcoholic 1515
beverages in such municipality. If in the election a majority of 1516
the qualified electors voting in the election shall vote "against 1517
the legal sale of alcoholic beverages," then the municipal 1518
governing authorities shall pass the necessary order prohibiting 1519
the sale of alcoholic beverages in such municipality. 1520
(b) The provisions of this subsection shall also apply 1521
to any municipality, a portion of which is located in a county 1522
which has voted * * * for instituting prohibition and a portion of 1523
which is located in a county which has not voted * * * in favor of 1524
instituting prohibition. The petition to hold the election 1525
authorized in this subsection shall be ordered by the municipal 1526
governing authorities upon the presentation of a petition to such 1527
governing authorities containing the names of at least twenty 1528
percent (20%) of the duly qualified voters of such municipality 1529
who reside in that portion of the municipality located in a county 1530
which has voted * * * for instituting prohibition and the election 1531
shall be held only in that portion of the municipality. In all 1532
other respects, the authority for the holding of elections and the 1533
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 63 (BS\KP)
manner in which such elections shall be conducted shall be as 1534
prescribed in paragraph (a) of this subsection; and, after proper 1535
certification of election results, the municipal governing 1536
authorities shall pass the appropriate order to permit or prohibit 1537
the legal sale of alcoholic beverages in that portion of the 1538
municipality located in a county which has voted * * * for 1539
instituting prohibition. 1540
(3) The governing authorities of a municipality that has 1541
voted to * * * allow the legal sale, manufacture and distribution 1542
of alcoholic beverages may, by ordinance, provide that alcoholic 1543
beverages may be sold in the municipality only by the holder of an 1544
on-premises retailer's permit. 1545
SECTION 8. Section 67-1-15, Mississippi Code of 1972, is 1546
amended as follows: 1547
67-1-15. In any county having two (2) judicial districts, 1548
each such judicial district shall be construed to be a political 1549
subdivision or subdivision of government on the same basis as a 1550
county, and as such, a judicial district will be entitled to all 1551
of the rights, privileges, and immunities as a county for the 1552
purposes of * * * instituting prohibition therein under the 1553
provisions of this article. 1554
SECTION 9. Section 67-1-16, Mississippi Code of 1972, is 1555
amended as follows: 1556
67-1-16. (1) (a) Before an area may be designated by the 1557
governing authorities of a municipality as an area in which 1558
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 64 (BS\KP)
facilities which are defined as qualified resort areas in Section 1559
67-1-5(o)(iii)5 may be located, an election shall be held, under 1560
the election laws applicable to the municipality, on the question 1561
of whether qualified resort areas shall be allowed in the 1562
municipality. An election to determine whether qualified resort 1563
areas shall be allowed in the municipality shall be ordered by the 1564
municipal governing authorities, upon presentation to the 1565
governing authorities of a petition containing the names of at 1566
least twenty percent (20%) of the duly qualified voters of the 1567
municipality asking for the election. An election on the question 1568
may not be held by the municipality more often than once each 1569
year. 1570
(b) Thirty (30) days' notice shall be given to the 1571
qualified electors of the municipality, in the manner prescribed 1572
by law, on the question of allowing qualified resort areas to be 1573
established. The notice shall contain a statement of the question 1574
to be voted on at the election. The ballots used in the election 1575
shall have the following words printed thereon: "FOR THE 1576
ESTABLISHMENT OF QUALIFIED RESORT AREAS," and next below, "AGAINST 1577
THE ESTABLISHMENT OF QUALIFIED RESORT AREAS." In marking his 1578
ballot, the voter shall make a cross (X) opposite the words of his 1579
choice. 1580
(c) Qualified resort areas may be established if a 1581
majority of the qualified electors voting in the election vote for 1582
such establishment. A qualified resort area may not be 1583
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 65 (BS\KP)
established if a majority of the qualified electors voting in the 1584
election vote against such establishment. 1585
(2) (a) Before a municipality may be designated as a 1586
qualified resort area as defined in Section 67-1-5(o)(iii)6, an 1587
election shall be held, under the election laws applicable to the 1588
municipality, on the question of whether the municipality shall be 1589
a qualified resort area. An election to determine whether the 1590
municipality shall be a qualified resort area shall be ordered by 1591
the municipal governing authorities, upon presentation to the 1592
governing authorities of a petition containing the names of at 1593
least twenty percent (20%) of the duly qualified voters of the 1594
municipality asking for the election. An election on the question 1595
may not be held by the municipality more often than once each 1596
year. 1597
(b) Thirty (30) days' notice shall be given to the 1598
qualified electors of the municipality, in the manner prescribed 1599
by law, on the question of allowing qualified resort areas to be 1600
established. The notice shall contain a statement of the question 1601
to be voted on at the election. The ballots used in the election 1602
shall have the following words printed thereon: "FOR THE 1603
ESTABLISHMENT OF A QUALIFIED RESORT AREA," and next below, 1604
"AGAINST THE ESTABLISHMENT OF A QUALIFIED RESORT AREA." In 1605
marking his ballot, the voter shall make a cross (X) opposite the 1606
words of his choice. 1607
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 66 (BS\KP)
(c) The municipality may be established as a qualified 1608
resort area if a majority of the qualified electors voting in the 1609
election vote for such establishment. A qualified resort area may 1610
not be established if a majority of the qualified electors voting 1611
in the election vote against such establishment. 1612
(3) (a) Before an area may be designated a qualified resort 1613
area as defined in Section 67-1-5(o)(iii)7, an election shall be 1614
held in the municipality in which the area is located under the 1615
election laws applicable to the municipality, on the question of 1616
whether the area shall be a qualified resort area. An election to 1617
determine whether the area shall be a qualified resort area shall 1618
be ordered by the municipal governing authorities, upon 1619
presentation to the governing authorities of a petition containing 1620
the names of at least twenty percent (20%) of the duly qualified 1621
voters of the municipality asking for the election. An election 1622
on the question may not be held by the municipality more often 1623
than once each year. 1624
(b) Thirty (30) days' notice shall be given to the 1625
qualified electors of the municipality, in the manner prescribed 1626
by law, on the question of allowing qualified resort areas to be 1627
established. The notice shall contain a statement of the question 1628
to be voted on at the election. The ballots used in the election 1629
shall have the following words printed thereon: "FOR THE 1630
ESTABLISHMENT OF A QUALIFIED RESORT AREA," and next below, 1631
"AGAINST THE ESTABLISHMENT OF A QUALIFIED RESORT AREA." In 1632
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 67 (BS\KP)
marking his ballot, the voter shall make a cross (X) opposite the 1633
words of his choice. 1634
(c) The area may be established as a qualified resort 1635
area if a majority of the qualified electors voting in the 1636
election vote for such establishment. A qualified resort area may 1637
not be established if a majority of the qualified electors voting 1638
in the election vote against such establishment. 1639
(4) (a) Before a municipality may be designated as a 1640
qualified resort area as defined in item 21, 35, 36 or 51 of 1641
Section 67-1-5(o)(iii), an election shall be held, under the 1642
election laws applicable to the municipality, on the question of 1643
whether the municipality shall be a qualified resort area. An 1644
election to determine whether the municipality shall be a 1645
qualified resort area shall be ordered by the municipal governing 1646
authorities. An election on the question may not be held by the 1647
municipality more often than once each year. 1648
(b) Thirty (30) days' notice shall be given to the 1649
qualified electors of the municipality, in the manner prescribed 1650
by law, on the question of allowing qualified resort areas to be 1651
established. The notice shall contain a statement of the question 1652
to be voted on at the election. The ballots used in the election 1653
shall have the following words printed thereon: "FOR THE 1654
ESTABLISHMENT OF A QUALIFIED RESORT AREA," and next below, 1655
"AGAINST THE ESTABLISHMENT OF A QUALIFIED RESORT AREA." In 1656
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 68 (BS\KP)
marking his ballot, the voter shall make a cross (X) opposite the 1657
words of his choice. 1658
(c) The municipality may be established as a qualified 1659
resort area if a majority of the qualified electors voting in the 1660
election vote for such establishment. A qualified resort area may 1661
not be established if a majority of the qualified electors voting 1662
in the election vote against such establishment. 1663
(5) No election shall be held under this section after 1664
December 31, 2026, relating to the designation or establishment of 1665
a qualified resort area. 1666
SECTION 10. Section 67-1-17, Mississippi Code of 1972, is 1667
amended as follows: 1668
67-1-17. (1) It shall be unlawful for any person to have or 1669
possess either alcoholic beverages or personal property intended 1670
for use in violating the provisions of this article, or 1671
regulations prescribed under this article, or Chapter 31 of Title 1672
97, Mississippi Code of 1972. No property rights shall exist in 1673
any such personal property or alcoholic beverages. All such 1674
personal property and alcoholic beverages shall be considered 1675
contraband and shall be seized and forfeited to the State of 1676
Mississippi. 1677
(2) The following are subject to forfeiture: 1678
(a) All alcoholic beverages which have been 1679
manufactured, distilled, distributed, dispensed or acquired in 1680
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 69 (BS\KP)
violation of this article or Chapter 31 of Title 97, Mississippi 1681
Code of 1972; 1682
(b) All raw materials, products and equipment of any 1683
kind which are used, or intended for use, in manufacturing, 1684
compounding, processing, delivering, importing or exporting any 1685
alcoholic beverage in violation of this article or Chapter 31 of 1686
Title 97, Mississippi Code of 1972; 1687
(c) All property which is used, or intended for use, as 1688
a container for property described in items (a) or (b) of this 1689
subsection; 1690
(d) All conveyances, including aircraft, vehicles or 1691
vessels, which are used, or intended for use, to transport, or in 1692
any manner to facilitate the transportation, for the purpose of 1693
sale or receipt, possession or concealment, of property described 1694
in item (a) of this subsection which is in excess of six (6) 1695
gallons or of property described in item (b) of this subsection; 1696
however, 1697
(i) No conveyance used by any person as a common 1698
carrier in the transaction of business as a common carrier is 1699
subject to forfeiture under this section unless it appears that 1700
the owner or other person in charge of the conveyance is a 1701
consenting party or privy to a violation of this article or 1702
Chapter 31 of Title 97, Mississippi Code of 1972; 1703
(ii) No conveyance is subject to forfeiture under 1704
this section by reason of any act or omission proved by the owner 1705
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 70 (BS\KP)
thereof to have been committed or omitted without his knowledge or 1706
consent; if the confiscating authority has reason to believe that 1707
the conveyance is a leased or rented conveyance, then the 1708
confiscating authority shall notify the owner of the conveyance 1709
within five (5) days of the confiscation; and 1710
(iii) A forfeiture of a conveyance encumbered by a 1711
bona fide security interest is subject to the interest of the 1712
secured party if he neither had knowledge of nor consented to the 1713
act or omission; 1714
(e) All money, deadly weapons, books, records and 1715
research products and materials, including formulas, microfilm, 1716
tapes and data which are used, or intended for use, in violation 1717
of this article or Chapter 31 of Title 97, Mississippi Code of 1718
1972. 1719
(3) Property subject to forfeiture may be seized by the 1720
Alcoholic Beverage Control Division and its agents, local law 1721
enforcement officers, Mississippi Highway Patrol officers and 1722
other law enforcement personnel charged by Section 67-1-91, with 1723
enforcing the provisions of this article upon process issued by 1724
any appropriate court having jurisdiction over the property. 1725
Seizure without process may be made if: 1726
(a) The seizure is incident to an arrest or a search 1727
under a search warrant or an administrative inspection under 1728
Section 67-1-37(k); 1729
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 71 (BS\KP)
(b) The property subject to seizure has been the 1730
subject of a prior judgment in favor of the state in a criminal 1731
injunction or forfeiture proceeding based upon this article or 1732
Chapter 31 of Article 97, Mississippi Code of 1972; or 1733
(c) The Alcoholic Beverage Control Division of 1734
the * * * Department of Revenue and other law enforcement 1735
personnel described in this subsection have probable cause to 1736
believe that the property was used or is intended to be used in 1737
violation of this article or Chapter 31 of Article 97, Mississippi 1738
Code of 1972. 1739
(4) Alcoholic beverages and raw materials seized or detained 1740
under the authority of this article or Chapter 31 of Title 97, 1741
Mississippi Code of 1972, is deemed to be in the custody of the 1742
agent or agency so seizing the property and subject only to the 1743
orders and decrees of the court having jurisdiction over the 1744
property. When such property is seized it may be retained as 1745
evidence until final disposition of the cause in which such 1746
property is involved, and then the agent or agency so seizing the 1747
property shall physically transfer such alcoholic beverage or raw 1748
material to the Director of the Alcoholic Beverage Control 1749
Division of the * * * Department of Revenue together with an 1750
appropriate inventory of the items seized. Alcoholic beverages 1751
and raw materials seized or detained under the authority of this 1752
section shall be disposed of in accordance with the provisions of 1753
Section 67-1-18. 1754
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 72 (BS\KP)
(5) Any property other than alcoholic beverages and raw 1755
materials seized or detained pursuant to this article or Chapter 1756
31 of Title 97, Mississippi Code of 1972, shall be deemed to be in 1757
the custody of the agent or agency so seizing the property and 1758
subject only to the orders and decrees of the court having 1759
jurisdiction over the property. When such property is seized it 1760
may be retained as evidence until the final disposition of the 1761
cause in which such property is involved. Property seized or 1762
detained other than alcoholic beverages or raw materials shall be 1763
disposed of in accordance with the provisions of Sections 67-1-93, 1764
67-1-95 and 67-1-97. 1765
SECTION 11. Section 67-1-37, Mississippi Code of 1972, is 1766
amended as follows: 1767
67-1-37. The Department of Revenue, under its duties and 1768
powers with respect to the Alcoholic Beverage Control Division 1769
therein, shall have the following powers, functions and duties: 1770
(a) To issue or refuse to issue any permit provided for 1771
by this article, or to extend the permit or remit in whole or any 1772
part of the permit monies when the permit cannot be used due to a 1773
natural disaster or act of God. 1774
(b) To revoke, suspend or cancel, for violation of or 1775
noncompliance with the provisions of this article, or the law 1776
governing the production and sale of native wines, native spirits, 1777
or craft spirits, or any lawful rules and regulations of the 1778
department issued hereunder, or for other sufficient cause, any 1779
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 73 (BS\KP)
permit issued by it under the provisions of this article. The 1780
department shall also be authorized to suspend the permit of any 1781
permit holder for being out of compliance with an order for 1782
support, as defined in Section 93-11-153. The procedure for 1783
suspension of a permit for being out of compliance with an order 1784
for support, and the procedure for the reissuance or reinstatement 1785
of a permit suspended for that purpose, and the payment of any 1786
fees for the reissuance or reinstatement of a permit suspended for 1787
that purpose, shall be governed by Section 93-11-157 or Section 1788
93-11-163, as the case may be. If there is any conflict between 1789
any provision of Section 93-11-157 or Section 93-11-163 and any 1790
provision of this article, the provisions of Section 93-11-157 or 1791
Section 93-11-163, as the case may be, shall control. 1792
(c) To prescribe forms of permits and applications for 1793
permits and of all reports which it deems necessary in 1794
administering this article. 1795
(d) To fix standards, not in conflict with those 1796
prescribed by any law of this state or of the United States, to 1797
secure the use of proper ingredients and methods of manufacture of 1798
alcoholic beverages. 1799
(e) To issue rules regulating the advertising of 1800
alcoholic beverages in the state in any class of media and 1801
permitting advertising of the retail price of alcoholic beverages. 1802
(f) To issue reasonable rules and regulations, not 1803
inconsistent with the federal laws or regulations, requiring 1804
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 74 (BS\KP)
informative labeling of all alcoholic beverages offered for sale 1805
within this state and providing for the standards of fill and 1806
shapes of retail containers of alcoholic beverages; however, such 1807
containers shall not contain less than fifty (50) milliliters by 1808
liquid measure. 1809
(g) Subject to the provisions of subsection (3) of 1810
Section 67-1-51, to issue rules and regulations governing the 1811
issuance of retail permits for premises located near or around 1812
schools, colleges, universities, churches and other public 1813
institutions, and specifying the distances therefrom within which 1814
no such permit shall be issued. The Alcoholic Beverage Control 1815
Division shall not issue a package retailer's or on-premises 1816
retailer's permit for the sale or consumption of alcoholic 1817
beverages in or on the campus of any public school. The Alcoholic 1818
Beverage Control Division shall not issue a package retailer's 1819
permit for the sale of alcoholic beverages in or on the campus of 1820
any community or junior college, college or university. 1821
(h) To adopt and promulgate, repeal and amend, such 1822
rules, regulations, standards, requirements and orders, not 1823
inconsistent with this article or any law of this state or of the 1824
United States, as it deems necessary to control the manufacture, 1825
importation, transportation, distribution, delivery and sale of 1826
alcoholic liquor, whether intended for beverage or nonbeverage use 1827
in a manner not inconsistent with the provisions of this article 1828
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 75 (BS\KP)
or any other statute, including the native wine, native spirit, 1829
and craft spirit laws. 1830
(i) To call upon other administrative departments of 1831
the state, county and municipal governments, county and city 1832
police departments and upon prosecuting officers for such 1833
information and assistance as it may deem necessary in the 1834
performance of its duties. 1835
(j) To prepare and submit to the Governor during the 1836
month of January of each year a detailed report of its official 1837
acts during the preceding fiscal year ending June 30, including 1838
such recommendations as it may see fit to make, and to transmit a 1839
like report to each member of the Legislature of this state upon 1840
the convening thereof at its next regular session. 1841
(k) To inspect, or cause to be inspected, any premises 1842
where alcoholic * * * beverages intended for sale are 1843
manufactured, stored, distributed or sold, and to examine or cause 1844
to be examined all books and records pertaining to the business 1845
conducted therein. 1846
(l) To investigate the administration of laws in 1847
relation to alcoholic * * * beverages in this and other states and 1848
any foreign countries, and to recommend from time to time to the 1849
Governor and through him to the Legislature of this state such 1850
amendments to this article, if any, as it may think desirable. 1851
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 76 (BS\KP)
(m) To designate hours and days when alcoholic 1852
beverages may be sold in different localities in the state which 1853
permit such sale. 1854
(n) To assign employees to posts of duty at locations 1855
where they will be most beneficial for the control of alcoholic 1856
beverages and to take any other action concerning persons employed 1857
under this article as authorized by law and taken in accordance 1858
with the rules, regulations and procedures of the State Personnel 1859
Board. 1860
(o) To enforce the provisions made unlawful by Chapter 1861
3, Title 67 and Section 97-5-49. 1862
(p) To delegate its authority under this article to the 1863
Alcoholic Beverage Control Division, its director or any other 1864
officer or employee of the department that it deems appropriate. 1865
(q) To prescribe and charge a fee to defray the costs 1866
of shipping alcoholic beverages, provided that such fee is 1867
determined in a manner provided by the department by rules and/or 1868
regulations adopted in accordance with the Mississippi 1869
Administrative Procedures Law. 1870
The Alcoholic Beverage Control Division shall not issue any 1871
permit which would conflict with any zoning ordinance legally 1872
adopted by the governing authorities of any municipality or rule 1873
or regulation of any board of supervisors of any county as set 1874
forth in Section 67-1-7(1). 1875
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 77 (BS\KP)
SECTION 12. Section 67-1-51, Mississippi Code of 1972, is 1876
amended as follows: 1877
67-1-51. (1) Permits which may be issued by the department 1878
shall be as follows: 1879
(a) Manufacturer's permit. It shall be illegal to 1880
sell, manufacture, bottle or distribute alcoholic beverages 1881
without first obtaining an applicable permit authorizing such 1882
activity. A manufacturer's permit shall permit the manufacture, 1883
importation in bulk, bottling and storage of alcoholic liquor and 1884
its distribution and sale to manufacturers holding permits under 1885
this article in this state and to persons outside the state who 1886
are authorized by law to purchase the same, and to sell as 1887
provided by this article. 1888
Manufacturer's permits shall be of the following classes: 1889
Class 1. Distiller's and/or rectifier's permit, which shall 1890
authorize the holder thereof to operate a distillery for the 1891
production of distilled spirits by distillation or redistillation 1892
and/or to operate a rectifying plant for the purifying, refining, 1893
mixing, blending, flavoring or reducing in proof of distilled 1894
spirits and alcohol. 1895
Class 2. Wine manufacturer's permit, which shall authorize 1896
the holder thereof to manufacture, import in bulk, bottle and 1897
store wine or vinous liquor. 1898
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 78 (BS\KP)
Class 3. Native wine producer's permit, which shall 1899
authorize the holder thereof to produce, bottle, store and sell 1900
native wines. 1901
Class 4. Native spirit producer's permit, which shall 1902
authorize the holder thereof to produce, bottle, store and sell 1903
native spirits. 1904
Class 5. Craft spirit producer's permit, which shall 1905
authorize the holder thereof to perform any act or thing in the 1906
process of making craft spirit, including the manufacture, 1907
importation, bottling, and storage of alcoholic liquor and its 1908
sale. 1909
(b) Package retailer's permit. Except as otherwise 1910
provided in this paragraph and Section 67-1-52, a package 1911
retailer's permit shall authorize the holder thereof to operate a 1912
store exclusively for the sale at retail in original sealed and 1913
unopened packages of alcoholic beverages, including native wines, 1914
native spirits, craft spirits, and edibles, not to be consumed on 1915
the premises where sold. Alcoholic beverages shall not be sold by 1916
any retailer in any package or container containing less than 1917
fifty (50) milliliters by liquid measure. A package retailer's 1918
permit, with prior approval from the department, shall authorize 1919
the holder thereof to sample new product furnished by a 1920
manufacturer's representative or his employees at the permitted 1921
place of business so long as the sampling otherwise complies with 1922
this article and applicable department regulations. Such samples 1923
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 79 (BS\KP)
may not be provided to customers at the permitted place of 1924
business. In addition to the sale at retail of packages of 1925
alcoholic beverages, the holder of a package retailer's permit is 1926
authorized to sell at retail corkscrews, wine glasses, soft 1927
drinks, ice, juices, mixers, other beverages commonly used to mix 1928
with alcoholic beverages, and fruits and foods that have been 1929
submerged in alcohol and are commonly referred to as edibles. 1930
Nonalcoholic beverages sold by the holder of a package retailer's 1931
permit shall not be consumed on the premises where sold. 1932
(c) On-premises retailer's permit. Except as otherwise 1933
provided in subsection (5) of this section, an on-premises 1934
retailer's permit shall authorize the sale of alcoholic beverages, 1935
including native wines, native spirits, and craft spirits, for 1936
consumption on the licensed premises only; however, a patron of 1937
the permit holder may remove one (1) bottle of wine from the 1938
licensed premises if: (i) the patron consumed a portion of the 1939
bottle of wine in the course of consuming a meal purchased on the 1940
licensed premises; (ii) the permit holder securely reseals the 1941
bottle; (iii) the bottle is placed in a bag that is secured in a 1942
manner so that it will be visibly apparent if the bag is opened; 1943
and (iv) a dated receipt for the wine and the meal is available. 1944
Additionally, as part of a carryout order, a permit holder may 1945
sell one (1) bottle of wine to be removed from the licensed 1946
premises for every two (2) entrees ordered. In addition, an 1947
on-premises retailer's permittee at a permitted premises located 1948
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 80 (BS\KP)
on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 1949
Highway 90 may serve alcoholic beverages by the glass to a patron 1950
in a vehicle using a drive-through method of delivery if the 1951
permitted premises is located in a leisure and recreation district 1952
established under Section 67-1-101. Such a sale will be 1953
considered to be made on the permitted premises. An on-premises 1954
retailer's permit shall be issued only to qualified hotels, 1955
restaurants and clubs, small craft breweries, microbreweries, and 1956
to common carriers with adequate facilities for serving 1957
passengers. In resort areas, however, whether inside or outside 1958
of a municipality, the department, in its discretion, may issue 1959
on-premises retailer's permits to any establishments located 1960
therein as it deems proper. An on-premises retailer's permit when 1961
issued to a common carrier shall authorize the sale and serving of 1962
alcoholic beverages aboard any licensed vehicle while moving 1963
through any county of the state; however, the sale of such 1964
alcoholic beverages shall not be permitted while such vehicle is 1965
stopped in a county that has * * * voted to institute prohibition, 1966
unless the vehicle is located in a municipality wherein the sale 1967
of alcoholic beverages is legal. If an on-premises retailer's 1968
permit is applied for by a common carrier operating solely in the 1969
water, such common carrier must, along with all other 1970
qualifications for a permit, (i) be certified to carry at least 1971
one hundred fifty (150) passengers and/or provide overnight 1972
accommodations for at least fifty (50) passengers and (ii) operate 1973
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 81 (BS\KP)
primarily in the waters within the State of Mississippi which lie 1974
adjacent to the State of Mississippi south of the three (3) most 1975
southern counties in the State of Mississippi and/or on the 1976
Mississippi River or navigable waters within any county bordering 1977
on the Mississippi River. 1978
(d) Solicitor's permit. A solicitor's permit shall 1979
authorize the holder thereof to act as salesman for a manufacturer 1980
or wholesaler holding a proper permit, to solicit on behalf of his 1981
employer orders for alcoholic beverages, and to otherwise promote 1982
his employer's products in a legitimate manner. Such a permit 1983
shall authorize the representation of and employment by one (1) 1984
principal only. However, the permittee may also, in the 1985
discretion of the department, be issued additional permits to 1986
represent other principals. No such permittee shall buy or sell 1987
alcoholic beverages for his own account, and no such beverage 1988
shall be brought into this state in pursuance of the exercise of 1989
such permit otherwise than through a permit issued to a wholesaler 1990
or manufacturer in the state. 1991
(e) Native wine retailer's permit. Except as otherwise 1992
provided in subsection (5) of this section, a native wine 1993
retailer's permit shall be issued only to a holder of a Class 3 1994
manufacturer's permit, and shall authorize the holder thereof to 1995
make retail sales of native wines to consumers for on-premises 1996
consumption or to consumers in originally sealed and unopened 1997
containers at an establishment located on the premises of or in 1998
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 82 (BS\KP)
the immediate vicinity of a native winery. When selling to 1999
consumers for on-premises consumption, a holder of a native wine 2000
retailer's permit may add to the native wine alcoholic beverages 2001
not produced on the premises, so long as the total volume of 2002
foreign beverage components does not exceed twenty percent (20%) 2003
of the mixed beverage. Hours of sale shall be the same as those 2004
authorized for on-premises permittees in the city or county in 2005
which the native wine retailer is located. 2006
(f) Temporary retailer's permit. Except as otherwise 2007
provided in subsection (5) of this section, a temporary retailer's 2008
permit shall permit the purchase and resale of alcoholic 2009
beverages, including native wines and native spirits, during legal 2010
hours on the premises described in the temporary permit only. 2011
Temporary retailer's permits shall be of the following 2012
classes: 2013
Class 1. A temporary one-day permit may be issued to bona 2014
fide nonprofit civic or charitable organizations authorizing the 2015
sale of alcoholic beverages, including native wine, native 2016
spirits, and craft spirits, for consumption on the premises 2017
described in the temporary permit only. Class 1 permits may be 2018
issued only to applicants demonstrating to the department, by a 2019
statement signed under penalty of perjury submitted ten (10) days 2020
prior to the proposed date or such other time as the department 2021
may determine, that they meet the qualifications of Sections 2022
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 2023
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 83 (BS\KP)
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 2024
alcoholic beverages from package retailers located in the county 2025
in which the temporary permit is issued. Alcoholic beverages 2026
remaining in stock upon expiration of the temporary permit may be 2027
returned by the permittee to the package retailer for a refund of 2028
the purchase price upon consent of the package retailer or may be 2029
kept by the permittee exclusively for personal use and 2030
consumption, subject to all laws pertaining to the illegal sale 2031
and possession of alcoholic beverages. The department, following 2032
review of the statement provided by the applicant and the 2033
requirements of the applicable statutes and regulations, may issue 2034
the permit. 2035
Class 2. A temporary permit, not to exceed seventy (70) 2036
days, may be issued to prospective permittees seeking to transfer 2037
a permit authorized in paragraph (c) of this subsection. A Class 2038
2 permit may be issued only to applicants demonstrating to the 2039
department, by a statement signed under the penalty of perjury, 2040
that they meet the qualifications of Sections 67-1-5(l), (m), (n), 2041
(o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 2042
67-1-59. The department, following a preliminary review of the 2043
statement provided by the applicant and the requirements of the 2044
applicable statutes and regulations, may issue the permit. 2045
Class 2 temporary permittees must purchase their alcoholic 2046
beverages directly from the department or, with approval of the 2047
department, purchase the remaining stock of the previous 2048
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 84 (BS\KP)
permittee. If the proposed applicant of a Class 1 or Class 2 2049
temporary permit falsifies information contained in the 2050
application or statement, the applicant shall never again be 2051
eligible for a retail alcohol beverage permit and shall be subject 2052
to prosecution for perjury. 2053
Class 3. A temporary one-day permit may be issued to a 2054
retail establishment authorizing the complimentary distribution of 2055
wine, including native wine, to patrons of the retail 2056
establishment at an open house or promotional event, for 2057
consumption only on the premises described in the temporary 2058
permit. A Class 3 permit may be issued only to an applicant 2059
demonstrating to the department, by a statement signed under 2060
penalty of perjury submitted ten (10) days before the proposed 2061
date or such other time as the department may determine, that it 2062
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 2063
and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 2064
A Class 3 permit holder shall obtain all alcoholic beverages from 2065
the holder(s) of a package retailer's permit located in the county 2066
in which the temporary permit is issued. Wine remaining in stock 2067
upon expiration of the temporary permit may be returned by the 2068
Class 3 temporary permit holder to the package retailer for a 2069
refund of the purchase price, with consent of the package 2070
retailer, or may be kept by the Class 3 temporary permit holder 2071
exclusively for personal use and consumption, subject to all laws 2072
pertaining to the illegal sale and possession of alcoholic 2073
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 85 (BS\KP)
beverages. The department, following review of the statement 2074
provided by the applicant and the requirements of the applicable 2075
statutes and regulations, may issue the permit. No retailer may 2076
receive more than twelve (12) Class 3 temporary permits in a 2077
calendar year. A Class 3 temporary permit shall not be issued to 2078
a retail establishment that either holds a merchant permit issued 2079
under paragraph (l) of this subsection, or holds a permit issued 2080
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 2081
the holder to engage in the business of a retailer of light wine 2082
or beer. 2083
(g) Caterer's permit. A caterer's permit shall permit 2084
the purchase of alcoholic beverages by a person engaging in 2085
business as a caterer and the resale of alcoholic beverages by 2086
such person in conjunction with such catering business. No person 2087
shall qualify as a caterer unless forty percent (40%) or more of 2088
the revenue derived from such catering business shall be from the 2089
serving of prepared food and not from the sale of alcoholic 2090
beverages and unless such person has obtained a permit for such 2091
business from the Department of Health. A caterer's permit shall 2092
not authorize the sale of alcoholic beverages on the premises of 2093
the person engaging in business as a caterer; however, the holder 2094
of an on-premises retailer's permit may hold a caterer's permit. 2095
When the holder of an on-premises retailer's permit or an 2096
affiliated entity of the holder also holds a caterer's permit, the 2097
caterer's permit shall not authorize the service of alcoholic 2098
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 86 (BS\KP)
beverages on a consistent, recurring basis at a separate, fixed 2099
location owned or operated by the caterer, on-premises retailer or 2100
affiliated entity and an on-premises retailer's permit shall be 2101
required for the separate location. All sales of alcoholic 2102
beverages by holders of a caterer's permit shall be made at the 2103
location being catered by the caterer, and, except as otherwise 2104
provided in subsection (5) of this section, such sales may be made 2105
only for consumption at the catered location. The location being 2106
catered may be anywhere within a county or judicial district * * * 2107
except in a county or judicial district where prohibition has been 2108
instituted and the sale or distribution of alcoholic beverages is 2109
illegal. Such sales shall be made pursuant to any other 2110
conditions and restrictions which apply to sales made by 2111
on-premises retail permittees. The holder of a caterer's permit 2112
or his employees shall remain at the catered location as long as 2113
alcoholic beverages are being sold pursuant to the permit issued 2114
under this paragraph (g), and the permittee shall have at the 2115
location the identification card issued by the division. No 2116
unsold alcoholic beverages may be left at the catered location by 2117
the permittee upon the conclusion of his business at that 2118
location. Appropriate law enforcement officers and division 2119
personnel may enter a catered location on private property in 2120
order to enforce laws governing the sale or serving of alcoholic 2121
beverages. 2122
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 87 (BS\KP)
(h) Research permit. A research permit shall authorize 2123
the holder thereof to operate a research facility for the 2124
professional research of alcoholic beverages. Such permit shall 2125
authorize the holder of the permit to import and purchase limited 2126
amounts of alcoholic beverages from the department or from 2127
importers, wineries and distillers of alcoholic beverages for 2128
professional research. 2129
(i) Alcohol processing permit. An alcohol processing 2130
permit shall authorize the holder thereof to purchase, transport 2131
and possess alcoholic beverages for the exclusive use in cooking, 2132
processing or manufacturing products which contain alcoholic 2133
beverages as an integral ingredient. An alcohol processing permit 2134
shall not authorize the sale of alcoholic beverages on the 2135
premises of the person engaging in the business of cooking, 2136
processing or manufacturing products which contain alcoholic 2137
beverages. The amounts of alcoholic beverages allowed under an 2138
alcohol processing permit shall be set by the department. 2139
(j) Hospitality cart permit. A hospitality cart permit 2140
shall authorize the sale of alcoholic beverages from a mobile cart 2141
on a golf course that is the holder of an on-premises retailer's 2142
permit. The alcoholic beverages sold from the cart must be 2143
consumed within the boundaries of the golf course. 2144
(k) Special service permit. A special service permit 2145
shall authorize the holder to sell commercially sealed alcoholic 2146
beverages to the operator of a commercial or private aircraft for 2147
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 88 (BS\KP)
en route consumption only by passengers. A special service permit 2148
shall be issued only to a fixed-base operator who contracts with 2149
an airport facility to provide fueling and other associated 2150
services to commercial and private aircraft. 2151
(l) Merchant permit. Except as otherwise provided in 2152
subsection (5) of this section, a merchant permit shall be issued 2153
only to the owner of a spa facility, an art studio or gallery, or 2154
a cooking school, and shall authorize the holder to serve 2155
complimentary by the glass wine only, including native wine, at 2156
the holder's spa facility, art studio or gallery, or cooking 2157
school. A merchant permit holder shall obtain all wine from the 2158
holder of a package retailer's permit. 2159
(m) Temporary alcoholic beverages charitable auction 2160
permit. A temporary permit, not to exceed five (5) days, may be 2161
issued to a qualifying charitable nonprofit organization that is 2162
exempt from taxation under Section 501(c)(3) or (4) of the 2163
Internal Revenue Code of 1986. The permit shall authorize the 2164
holder to sell alcoholic beverages for the limited purpose of 2165
raising funds for the organization during a live or silent auction 2166
that is conducted by the organization and that meets the following 2167
requirements: (i) the auction is conducted in an area of the 2168
state where the sale of alcoholic beverages is authorized; (ii) if 2169
the auction is conducted on the premises of an on-premises 2170
retailer's permit holder, then the alcoholic beverages to be 2171
auctioned must be stored separately from the alcoholic beverages 2172
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 89 (BS\KP)
sold, stored or served on the premises, must be removed from the 2173
premises immediately following the auction, and may not be 2174
consumed on the premises; (iii) the permit holder may not conduct 2175
more than two (2) auctions during a calendar year; (iv) the permit 2176
holder may not pay a commission or promotional fee to any person 2177
to arrange or conduct the auction. 2178
(n) Event venue retailer's permit. An event venue 2179
retailer's permit shall authorize the holder thereof to purchase 2180
and resell alcoholic beverages, including native wines, native 2181
spirits, and craft spirits, for consumption on the premises during 2182
legal hours during events held on the licensed premises if food is 2183
being served at the event by a caterer who is not affiliated with 2184
or related to the permittee. The caterer must serve at least 2185
three (3) entrees. The permit may only be issued for venues that 2186
can accommodate two hundred (200) persons or more. The number of 2187
persons a venue may accommodate shall be determined by the local 2188
fire department and such determination shall be provided in 2189
writing and submitted along with all other documents required to 2190
be provided for an on-premises retailer's permit. The permittee 2191
must derive the majority of its revenue from event-related fees, 2192
including, but not limited to, admission fees or ticket sales for 2193
live entertainment in the building. "Event-related fees" do not 2194
include alcohol, beer or light wine sales or any fee which may be 2195
construed to cover the cost of alcohol, beer or light wine. This 2196
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 90 (BS\KP)
determination shall be made on a per event basis. An event may 2197
not last longer than two (2) consecutive days per week. 2198
(o) Temporary theatre permit. A temporary theatre 2199
permit, not to exceed five (5) days, may be issued to a charitable 2200
nonprofit organization that is exempt from taxation under Section 2201
501(c)(3) or (4) of the Internal Revenue Code and owns or operates 2202
a theatre facility that features plays and other theatrical 2203
performances and productions. Except as otherwise provided in 2204
subsection (5) of this section, the permit shall authorize the 2205
holder to sell alcoholic beverages, including native wines, native 2206
spirits, and craft spirits, to patrons of the theatre during 2207
performances and productions at the theatre facility for 2208
consumption during such performances and productions on the 2209
premises of the facility described in the permit. A temporary 2210
theatre permit holder shall obtain all alcoholic beverages from 2211
package retailers located in the county in which the permit is 2212
issued. Alcoholic beverages remaining in stock upon expiration of 2213
the temporary theatre permit may be returned by the permittee to 2214
the package retailer for a refund of the purchase price upon 2215
consent of the package retailer or may be kept by the permittee 2216
exclusively for personal use and consumption, subject to all laws 2217
pertaining to the illegal sale and possession of alcoholic 2218
beverages. 2219
(p) Charter ship operator's permit. Subject to the 2220
provisions of this paragraph (p), a charter ship operator's permit 2221
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 91 (BS\KP)
shall authorize the holder thereof and its employees to serve, 2222
monitor, store and otherwise control the serving and availability 2223
of alcoholic beverages to customers of the permit holder during 2224
private charters under contract provided by the permit holder. A 2225
charter ship operator's permit shall authorize such action by the 2226
permit holder and its employees only as to alcoholic beverages 2227
brought onto the permit holder's ship by customers of the permit 2228
holder as part of such a private charter. All such alcoholic 2229
beverages must be removed from the charter ship at the conclusion 2230
of each private charter. A charter ship operator's permit shall 2231
not authorize the permit holder to sell, charge for or otherwise 2232
supply alcoholic beverages to customers, except as authorized in 2233
this paragraph (p). For the purposes of this paragraph (p), 2234
"charter ship operator" means a common carrier that (i) is 2235
certified to carry at least one hundred fifty (150) passengers 2236
and/or provide overnight accommodations for at least fifty (50) 2237
passengers, (ii) operates only in the waters within the State of 2238
Mississippi, which lie adjacent to the State of Mississippi south 2239
of the three (3) most southern counties in the State of 2240
Mississippi, and (iii) provides charters under contract for tours 2241
and trips in such waters. 2242
(q) Distillery retailer's permit. The holder of a 2243
Class 1 manufacturer's permit may obtain a distillery retailer's 2244
permit. A distillery retailer's permit shall authorize the holder 2245
thereof to sell at retail alcoholic beverages to consumers for 2246
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 92 (BS\KP)
on-premises consumption, or to consumers by the sealed and 2247
unopened bottle from a retail location at the distillery for 2248
off-premises consumption. The holder may only sell product 2249
manufactured by the manufacturer at the distillery described in 2250
the permit. However, when selling to consumers for on-premises 2251
consumption, a holder of a distillery retailer's permit may add 2252
other beverages, alcoholic or not, so long as the total volume of 2253
other beverage components containing alcohol does not exceed 2254
twenty percent (20%). Hours of sale shall be the same as those 2255
authorized for on-premises permittees in the city or county in 2256
which the distillery retailer is located. 2257
The holder shall not sell at retail more than ten percent 2258
(10%) of the alcoholic beverages produced annually at its 2259
distillery. The holder shall not make retail sales of more than 2260
two and twenty-five one-hundredths (2.25) liters, in the 2261
aggregate, of the alcoholic beverages produced at its distillery 2262
to any one (1) individual for consumption off the premises of the 2263
distillery within a twenty-four-hour period. The hours of sale 2264
shall be the same as those hours for package retailers under this 2265
article. The holder of a distillery retailer's permit is not 2266
required to purchase the alcoholic beverages authorized to be sold 2267
by this paragraph from the department's liquor distribution 2268
warehouse; however, if the holder does not purchase the alcoholic 2269
beverages from the department's liquor distribution warehouse, the 2270
holder shall pay to the department all taxes, fees and surcharges 2271
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 93 (BS\KP)
on the alcoholic beverages that are imposed upon the sale of 2272
alcoholic beverages shipped by the department or its warehouse 2273
operator. In addition to alcoholic beverages, the holder of a 2274
distillery retailer's permit may sell at retail promotional 2275
products from the same retail location, including shirts, hats, 2276
glasses, and other promotional products customarily sold by 2277
alcoholic beverage manufacturers. 2278
(r) Festival Permit. Any wine manufacturer, native 2279
wine producer, native spirit producer, craft spirit producer, or 2280
distilled spirit manufacturer permitted by Mississippi or any 2281
other state is eligible to obtain a Festival Permit. This permit 2282
authorizes the entity to transport product manufactured by it to 2283
festivals held within the State of Mississippi and sell sealed, 2284
unopened bottles to festival participants. The holder of this 2285
permit may provide samples at no charge to participants. 2286
"Festival" means any event at which three (3) or more vendors are 2287
present at a location for the sale or distribution of goods. The 2288
holder of a Festival Permit is not required to purchase the 2289
alcoholic beverages authorized to be sold by this paragraph from 2290
the department's liquor distribution warehouse. However, if the 2291
holder does not purchase the alcoholic beverages from the 2292
department's liquor distribution warehouse, the holder of this 2293
permit shall pay to the department all taxes, fees and surcharges 2294
on the alcoholic beverages sold at such festivals that are imposed 2295
upon the sale of alcoholic beverages shipped by the division. 2296
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 94 (BS\KP)
Additionally, the entity shall file all applicable reports and 2297
returns as prescribed by the department. This permit is issued 2298
per festival and provides authority to sell for three (3) 2299
consecutive days during the hours authorized for on-premises 2300
permittees' sales in that county or city. The holder of the 2301
permit shall be required to maintain all requirements set by Local 2302
Option Law for the service and sale of alcoholic beverages. This 2303
permit may be issued to entities participating in festivals at 2304
which a Class 1 temporary permit is in effect. 2305
This paragraph (r) shall stand repealed from and after July 2306
1, 2026. 2307
(s) Charter vessel operator's permit. Subject to the 2308
provisions of this paragraph (s), a charter vessel operator's 2309
permit shall authorize the holder thereof and its employees to 2310
sell and serve alcoholic beverages to passengers of the permit 2311
holder during public tours, historical tours, ecological tours and 2312
sunset cruises provided by the permit holder. The permit shall 2313
authorize the holder to only sell alcoholic beverages, including 2314
native wines, to passengers of the charter vessel operator during 2315
public tours, historical tours, ecological tours and sunset 2316
cruises provided by the permit holder aboard the charter vessel 2317
operator for consumption during such tours and cruises on the 2318
premises of the charter vessel operator described in the permit. 2319
For the purposes of this paragraph (s), "charter vessel operator" 2320
means a common carrier that (i) is certified to carry at least 2321
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 95 (BS\KP)
forty-nine (49) passengers, (ii) operates only in the waters 2322
within the State of Mississippi, which lie south of Interstate 10 2323
in the three (3) most southern counties in the State of 2324
Mississippi, and lie adjacent to the State of Mississippi south of 2325
the three (3) most southern counties in the State of Mississippi, 2326
extending not further than one (1) mile south of such counties, 2327
and (iii) provides vessel services for tours and cruises in such 2328
waters as provided in this paragraph(s). 2329
(t) Native spirit retailer's permit. Except as 2330
otherwise provided in subsection (5) of this section, a native 2331
spirit retailer's permit shall be issued only to a holder of a 2332
Class 4 manufacturer's permit, and shall authorize the holder 2333
thereof to make retail sales of native spirits to consumers for 2334
on-premises consumption or to consumers in originally sealed and 2335
unopened containers at an establishment located on the premises of 2336
the distillery, or at any tasting room location or locations 2337
within five (5) miles of the native distillery. Further, every 2338
native distillery is authorized to have one (1) permanent 2339
satellite tasting room sales location in any other location in the 2340
state that otherwise allows the sale of alcoholic beverages. When 2341
selling to consumers for on-premises consumption, a holder of a 2342
native spirit retailer's permit may sell alcoholic beverages 2343
produced by other suppliers. Hours of sale shall be the same as 2344
those authorized for on-premises permittees in the city or county 2345
in which the native spirit retailer is located. 2346
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 96 (BS\KP)
(u) Delivery service permit. Any individual, limited 2347
liability company, corporation or partnership registered to do 2348
business in this state is eligible to obtain a delivery service 2349
permit. Subject to the provisions of Section 67-1-51.1, this 2350
permit authorizes the permittee, or its employee or an independent 2351
contractor acting on its behalf, to deliver alcoholic beverages, 2352
beer, light wine and light spirit product from a licensed retailer 2353
to a person in this state who is at least twenty-one (21) years of 2354
age for the individual's use and not for resale. This permit does 2355
not authorize the delivery of alcoholic beverages, beer, light 2356
wine or light spirit product to the premises of a location with a 2357
permit for the manufacture, distribution or retail sale of 2358
alcoholic beverages, beer, light wine or light spirit product. 2359
The holder of a package retailer's permit or an on-premises 2360
retailer's permit under Section 67-1-51 or of a beer, light wine 2361
and light spirit product permit under Section 67-3-19 is 2362
authorized to apply for a delivery service permit as a privilege 2363
separate from its existing retail permit. 2364
(v) Food truck permit. A food truck permit shall 2365
authorize the holder of an on-premises retailer's permit to use a 2366
food truck to sell alcoholic beverages off its premises to guests 2367
who must consume the beverages in open containers. For the 2368
purposes of this paragraph (v), "food truck" means a fully encased 2369
food service establishment on a motor vehicle or on a trailer that 2370
a motor vehicle pulls to transport, and from which a vendor, 2371
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 97 (BS\KP)
standing within the frame of the establishment, prepares, cooks, 2372
sells and serves food for immediate human consumption. The term 2373
"food truck" does not include a food cart that is not motorized. 2374
Food trucks shall maintain such distance requirements from 2375
schools, churches, kindergartens and funeral homes as are required 2376
for on-premises retailer's permittees under this article, and all 2377
sales must be made within a valid leisure and recreation district 2378
established under Section 67-1-101. Food trucks cannot sell or 2379
serve alcoholic beverages unless also offering food prepared and 2380
cooked within the food truck, and permittees must maintain a 2381
twenty-five percent (25%) food sale revenue requirement based on 2382
the food sold from the food truck alone. The hours allowed for 2383
sale shall be the same as those for on-premises retailer's 2384
permittees in the location. This permit will not be required for 2385
the holder of a caterer's permit issued under this article to 2386
cater an event as allowed by law. Permittees must provide notice 2387
of not less than forty-eight (48) hours to the department of each 2388
location at which alcoholic beverages will be sold. 2389
(w) On-premises tobacco permit. An on-premises tobacco 2390
permit shall authorize the permittee to sell alcoholic beverages 2391
for consumption on the licensed premises. In addition to all 2392
other requirements to obtain an alcoholic beverage permit, the 2393
permittee must obtain and maintain a tobacco permit issued by the 2394
State of Mississippi, and have a capital investment of not less 2395
than Five Hundred Thousand Dollars ($500,000.00) in the premises 2396
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 98 (BS\KP)
for which the permit is issued. In addition to alcoholic 2397
beverages, the permittee is authorized to sell only cigars, 2398
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 2399
Additionally, seventy-five percent (75%) of the permittee's annual 2400
gross revenue must be derived from the sale of cigars, cheroots, 2401
tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 2402
be required, but food may be sold on the premises. The issuance 2403
of this permit does not remove any obligation a permittee may have 2404
to follow local ordinances or actions prohibiting the use of 2405
tobacco products. 2406
(x) Direct wine shipper's permit. A direct wine 2407
shipper's permit shall authorize the holder to sell and ship a 2408
limited amount of wine directly to residents in this state in 2409
accordance with the provisions of Sections 67-1-301 to 67-1-317, 2410
without being required to transact the sale and shipment of those 2411
wines through the division. 2412
(y) Craft spirit retailer's permit. Except as 2413
otherwise provided in subsection (5) of this section, a craft 2414
spirit retailer's permit shall be issued only to a holder of a 2415
Class 5 manufacturer's permit, and shall authorize the holder 2416
thereof to make retail sales of craft spirits to consumers for 2417
on-premises consumption or to consumers in originally sealed and 2418
unopened containers at an establishment located on the premises of 2419
the distillery or at any tasting room location or locations within 2420
five (5) miles of the craft distillery. Further, every craft 2421
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 99 (BS\KP)
distillery is authorized to have one (1) permanent satellite 2422
tasting room sales location in any other location in the state 2423
that otherwise allows the sale of alcoholic beverages. When 2424
selling to consumers for on-premises consumption, a holder of a 2425
craft spirit retailer's permit may sell alcoholic beverages 2426
produced by other suppliers. Hours of sale shall be the same as 2427
those authorized for on-premises permittees in the city or county 2428
in which the craft spirit retailer is located. 2429
(2) Except as otherwise provided in subsection (4) of this 2430
section, retail permittees may hold more than one (1) retail 2431
permit, at the discretion of the department. 2432
(3) (a) Except as otherwise provided in this subsection, no 2433
authority shall be granted to any person to manufacture, sell or 2434
store for sale any intoxicating liquor as specified in this 2435
article within four hundred (400) feet of any church, school 2436
(excluding any community college, junior college, college or 2437
university), kindergarten or funeral home. However, within an 2438
area zoned commercial or business, such minimum distance shall be 2439
not less than one hundred (100) feet. 2440
(b) A church or funeral home may waive the distance 2441
restrictions imposed in this subsection in favor of allowing 2442
issuance by the department of a permit, pursuant to subsection (1) 2443
of this section, to authorize activity relating to the 2444
manufacturing, sale or storage of alcoholic beverages which would 2445
otherwise be prohibited under the minimum distance criterion. 2446
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 100 (BS\KP)
Such waiver shall be in written form from the owner, the governing 2447
body, or the appropriate officer of the church or funeral home 2448
having the authority to execute such a waiver, and the waiver 2449
shall be filed with and verified by the department before becoming 2450
effective. 2451
(c) The distance restrictions imposed in this 2452
subsection shall not apply to the sale or storage of alcoholic 2453
beverages at a bed and breakfast inn listed in the National 2454
Register of Historic Places or to the sale or storage of alcoholic 2455
beverages in a historic district that is listed in the National 2456
Register of Historic Places, is a qualified resort area and is 2457
located (i) in a municipality having a population greater than one 2458
hundred thousand (100,000) according to the latest federal 2459
decennial census, or (ii) in a municipality in which Mississippi 2460
Highways 1 and 8 intersect. 2461
(d) The distance restrictions imposed in this 2462
subsection shall not apply to the sale or storage of alcoholic 2463
beverages at a qualified resort area as defined in Section 2464
67-1-5(o)(iii)32. 2465
(e) The distance restrictions imposed in this 2466
subsection shall not apply to the sale or storage of alcoholic 2467
beverages at a licensed premises in a building formerly owned by a 2468
municipality and formerly leased by the municipality to a 2469
municipal school district and used by the municipal school 2470
district as a district bus shop facility. 2471
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 101 (BS\KP)
(f) The distance restrictions imposed in this 2472
subsection shall not apply to the sale or storage of alcoholic 2473
beverages at a licensed premises in a building consisting of at 2474
least five thousand (5,000) square feet and located approximately 2475
six hundred (600) feet from the intersection of Mississippi 2476
Highway 15 and Mississippi Highway 4. 2477
(g) The distance restrictions imposed in this 2478
subsection shall not apply to the sale or storage of alcoholic 2479
beverages at a licensed premises in a building located at or near 2480
the intersection of Ward and Tate Streets and adjacent properties 2481
in the City of Senatobia, Mississippi. 2482
(h) The distance restrictions imposed in this 2483
subsection shall not apply to the sale or storage of alcoholic 2484
beverages at a theatre facility that features plays and other 2485
theatrical performances and productions and (i) is capable of 2486
seating more than seven hundred fifty (750) people, (ii) is owned 2487
by a municipality which has a population greater than ten thousand 2488
(10,000) according to the latest federal decennial census, (iii) 2489
was constructed prior to 1930, (iv) is on the National Register of 2490
Historic Places, and (v) is located in a historic district. 2491
(i) The distance restrictions imposed in this 2492
subsection shall not apply to the sale or storage of alcoholic 2493
beverages at a licensed premises in a building located 2494
approximately one and six-tenths (1.6) miles north of the 2495
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 102 (BS\KP)
intersection of Mississippi Highway 15 and Mississippi Highway 4 2496
on the west side of Mississippi Highway 15. 2497
(j) The distance restrictions imposed in this 2498
subsection shall not apply to the sale or storage of alcoholic 2499
beverages at a qualified resort area as defined in Section 2500
67-1-5(o)(iii)83. 2501
(k) The distance restrictions imposed in this 2502
subsection shall not apply to the sale or storage of alcoholic 2503
beverages at a qualified resort area as defined in Section 2504
67-1-5(o)(iii)84. 2505
(4) No person, either individually or as a member of a firm, 2506
partnership, limited liability company or association, or as a 2507
stockholder, officer or director in a corporation, shall own or 2508
control any interest in more than one (1) package retailer's 2509
permit, nor shall such person's spouse, if living in the same 2510
household of such person, any relative of such person, if living 2511
in the same household of such person, or any other person living 2512
in the same household with such person own any interest in any 2513
other package retailer's permit; however, in the case of a person 2514
holding a package retailer's permit issued before July 1, 2024, 2515
such a person may own one (1) additional package retailer's permit 2516
if the additional permit is issued for a premises with a minimum 2517
capital investment of Twenty Million Dollars ($20,000,000.00) that 2518
is part of a major retail development project and located in one 2519
(1) of the three (3) most southern counties in the State of 2520
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 103 (BS\KP)
Mississippi, and not within one hundred (100) miles of another 2521
location in the State of Mississippi, for which the permittee 2522
holds such a permit. 2523
(5) (a) In addition to any other authority granted under 2524
this section, the holder of a permit issued under subsection 2525
(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 2526
section may sell or otherwise provide alcoholic beverages and/or 2527
wine to a patron of the permit holder in the manner authorized in 2528
the permit and the patron may remove an open glass, cup or other 2529
container of the alcoholic beverage and/or wine from the licensed 2530
premises and may possess and consume the alcoholic beverage or 2531
wine outside of the licensed premises if: (i) the licensed 2532
premises is located within a leisure and recreation district 2533
created under Section 67-1-101 and (ii) the patron remains within 2534
the boundaries of the leisure and recreation district while in 2535
possession of the alcoholic beverage or wine. 2536
(b) Nothing in this subsection shall be construed to 2537
allow a person to bring any alcoholic beverages into a permitted 2538
premises except to the extent otherwise authorized by this 2539
article. 2540
(c) Where a permit is issued under subsection (1)(c) to 2541
an establishment located in a resort area created by Section 2542
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 2543
to bring alcoholic beverages into the permitted premises and to 2544
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 104 (BS\KP)
possess, store and consume those alcoholic beverages in the 2545
permitted premises. 2546
SECTION 13. Section 67-1-57, Mississippi Code of 1972, is 2547
amended as follows: 2548
67-1-57. Before a permit is issued the department shall 2549
satisfy itself: 2550
(a) That the applicant, if an individual, or if a 2551
partnership, each of the members of the partnership, or if a 2552
corporation, each of its principal officers and directors, or if a 2553
limited liability company, each member of the limited liability 2554
company, is of good moral character and, in addition, enjoys a 2555
reputation of being a peaceable, law-abiding citizen of the 2556
community in which he resides, and is generally fit for the trust 2557
to be reposed in him, is not less than twenty-one (21) years of 2558
age, and has not been convicted of a felony in any state or 2559
federal court. However, a felony conviction, other than a crime 2560
of violence or a violation of state or federal controlled 2561
substance laws, does not automatically disqualify a person from 2562
being approved for a permit. If at least ten (10) years have 2563
elapsed since conviction, the department may consider such felony 2564
convictions in determining whether all other qualifications are 2565
met. 2566
(b) That, except in the case of an application for a 2567
solicitor's permit, the applicant is the true and actual owner of 2568
the business for which the permit is desired, and that he intends 2569
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 105 (BS\KP)
to carry on the business authorized for himself and not as the 2570
agent of any other person, and that he intends to superintend in 2571
person the management of the business or that he will designate a 2572
manager to manage the business for him. Except for managers 2573
employed by the holder of a direct wine shipper's permit, all 2574
managers must be approved by the department prior to completing 2575
any managerial tasks on behalf of the permittee and must possess 2576
all of the qualifications required of a permittee; however, a 2577
felony conviction, other than a crime of violence, does not 2578
automatically disqualify a person from being approved as a manager 2579
if the person was released from incarceration at least three (3) 2580
years prior to application for approval as a manager. A felony 2581
conviction, other than a crime of violence, may be considered by 2582
the department in determining whether all other qualifications are 2583
met. 2584
(c) That the applicant for a package retailer's permit, 2585
if an individual, is a resident of the State of Mississippi. If 2586
the applicant is a partnership, each member of the partnership 2587
must be a resident of the state. If the applicant is a limited 2588
liability company, each member of the limited liability company 2589
must be a resident of the state. If the applicant is a 2590
corporation, the designated manager of the corporation must be a 2591
resident of the state. 2592
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 106 (BS\KP)
(d) That the place for which the permit is to be issued 2593
is an appropriate one considering the character of the premises 2594
and the surrounding neighborhood. 2595
(e) That the place for which the permit is to be issued 2596
is within the corporate limits of an incorporated municipality or 2597
qualified resort area or club which comes within the provisions of 2598
this article. 2599
(f) That the applicant is not indebted to the state for 2600
any taxes, fees or payment of penalties imposed by any law of the 2601
State of Mississippi or by any rule or regulation of the 2602
department. 2603
(g) That the applicant is not in the habit of using 2604
alcoholic beverages to excess and is not physically or mentally 2605
incapacitated, and that the applicant has the ability to read and 2606
write the English language. 2607
(h) That the department does not believe and has no 2608
reason to believe that the applicant will sell or knowingly permit 2609
any agent, servant or employee to unlawfully sell * * * alcoholic 2610
beverages in * * * an area in which prohibition is instituted or 2611
in any other manner contrary to law. 2612
(i) That the applicant is not residentially domiciled 2613
with any person whose permit or license has been cancelled for 2614
cause within the twelve (12) months next preceding the date of the 2615
present application for a permit. 2616
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 107 (BS\KP)
(j) That the department has not, in the exercise of its 2617
discretion which is reserved and preserved to it, refused to grant 2618
permits under the restrictions of this section, as well as under 2619
any other pertinent provision of this article. 2620
(k) That there are not sufficient legal reasons to deny 2621
a permit on the ground that the premises for which the permit is 2622
sought has previously been operated, used or frequented for any 2623
purpose or in any manner that is lewd, immoral or offensive to 2624
public decency. In the granting or withholding of any permit to 2625
sell alcoholic beverages at retail, the department in forming its 2626
conclusions may give consideration to any recommendations made in 2627
writing by the district or county attorney or county, circuit or 2628
chancery judge of the county, or the sheriff of the county, or the 2629
mayor or chief of police of an incorporated city or town wherein 2630
the applicant proposes to conduct his business and to any 2631
recommendations made by representatives of the department. 2632
(l) That the applicant and the applicant's key 2633
employees, as determined by the department, do not have a 2634
disqualifying criminal record. In order to obtain a criminal 2635
record history check, the applicant shall submit to the department 2636
a set of fingerprints from any local law enforcement agency for 2637
each person for whom the records check is required. The 2638
department shall forward the fingerprints to the Mississippi 2639
Department of Public Safety. If no disqualifying record is 2640
identified at the state level, the Department of Public Safety 2641
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 108 (BS\KP)
shall forward the fingerprints to the Federal Bureau of 2642
Investigation for a national criminal history record check. Costs 2643
for processing the set or sets of fingerprints shall be borne by 2644
the applicant. The department may waive the fingerprint 2645
requirement in the case of an applicant for a direct wine 2646
shipper's permit. The department shall not deny employment to an 2647
employee of the applicant prior to the identification of a 2648
disqualifying record or other disqualifying information. 2649
SECTION 14. Section 67-1-85, Mississippi Code of 1972, is 2650
amended as follows: 2651
67-1-85. (1) The holder of a package retailer's permit may 2652
have signs, lighted or otherwise, on the outside of the premises 2653
covered by his permit which advertise, announce or advise of the 2654
sale of alcoholic beverages in or on said premises. Wherever the 2655
sign is located on the premises, the name of the business shall 2656
also include the permit number thereof, preceded by the words 2657
"A.B.C. Permit No." 2658
(2) It shall be lawful to advertise alcoholic beverages by 2659
means of signs, billboards or displays on or along any road, 2660
highway, street or building. 2661
(3) It shall be lawful for publishers, broadcasters and 2662
other kinds, types or forms of public and private advertising 2663
media to advertise alcoholic beverages; however, no alcoholic 2664
beverages may be advertised during, or within five (5) minutes 2665
preceding or following, any television broadcast which consists 2666
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 109 (BS\KP)
primarily of animated material intended for viewing by young 2667
children. 2668
(4) Notwithstanding the provisions of this section to the 2669
contrary, it shall be unlawful to advertise alcoholic beverages by 2670
means of signs, billboards or displays in any municipality, county 2671
or judicial district * * * that has voted to institute 2672
prohibition. 2673
SECTION 15. Section 67-1-91, Mississippi Code of 1972, is 2674
amended as follows: 2675
67-1-91. (1) It is hereby made the duty of every police and 2676
peace officer and every district and county attorney and the 2677
Alcoholic Beverage Control Division of the * * * Department of 2678
Revenue to enforce the provisions of this article and to inform 2679
against and diligently prosecute persons whom they have reasonable 2680
cause to believe to be offenders against the provisions thereof. 2681
Every such officer refusing or neglecting to do so shall be guilty 2682
of a misdemeanor, and the court, in addition to imposing the 2683
penalty therefor, shall adjudge forfeiture of his office. 2684
(2) In any county or municipality where it is readily 2685
apparent that local law enforcement authorities in cooperation 2686
with the agents and inspectors provided by the * * * department 2687
cannot control the illegal sale of alcoholic beverages, the * * * 2688
department shall request such assistance as it may deem necessary 2689
from the Mississippi Highway Safety Patrol; and it shall be the 2690
duty of the Governor of the State of Mississippi to see that the 2691
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 110 (BS\KP)
laws of the state are properly enforced by use of the additional 2692
authority as herein provided. 2693
(3) The officers, agents and representatives of the * * * 2694
Department of Revenue and the Alcoholic Beverage Control Division 2695
thereof are authorized and directed to strictly enforce the * * * 2696
provisions of this article and any other provisions of law 2697
regulating the proper sale, distribution and transportation of 2698
alcoholic beverages, and, in such counties that vote to institute 2699
prohibition, enforce such prohibition on the sale, distribution 2700
and transportation, except as provided herein, of alcoholic 2701
beverages within the boundaries of such counties. The State 2702
Highway Patrol, sheriffs, police departments, constables, and all 2703
peace officers, and prosecuting attorneys, the Attorney General's 2704
office, district attorneys, county attorneys, city attorneys, and 2705
all others charged with upholding the law, as well as the 2706
citizenry of this state, are hereby urged and directed to uphold 2707
the dignity of the law, to foster public respect therefor and to 2708
strictly enforce the laws against * * * alcoholic beverages in all 2709
cases while operating a motor vehicle on the streets and highways 2710
of this state, and to enforce the law and prosecute against the 2711
wrongful use of * * * alcoholic beverages in any county or 2712
municipality by a permit holder or licensee or anyone else under 2713
such circumstances and conditions as would lead to a breakdown in 2714
public law or is violative of the public sense of common decency, 2715
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 111 (BS\KP)
as well as to enforce the law against gambling, organized crime, 2716
or social vice and corruption. 2717
SECTION 16. Section 67-1-101, Mississippi Code of 1972, is 2718
amended as follows: 2719
67-1-101. (1) For the purposes of this section, the 2720
following words shall have the following meanings ascribed in this 2721
section, unless the context clearly otherwise requires: 2722
(a) "Municipality" means any incorporated city, town or 2723
village that (i) has not voted in favor of * * * instituting 2724
prohibition, (ii) is in a county that has not voted in favor 2725
of * * * instituting prohibition, or (iii) is in a county that has 2726
voted in favor of instituting prohibition but such municipality 2727
has voted to permit the sale of alcoholic beverages. 2728
(b) "Leisure and recreation district" means an area 2729
officially designated by ordinance or resolution of the governing 2730
authorities of a municipality or county as a leisure and 2731
recreation district. 2732
(c) "County" means any county that has not voted in 2733
favor of * * * instituting prohibition. 2734
(2) (a) Subject to the provisions of this section, the 2735
governing authorities of a municipality, by ordinance, may 2736
establish one or more leisure and recreation districts within the 2737
corporate boundaries of the municipality and designate the 2738
geographic area or areas to be included within a district. The 2739
governing authorities of a municipality, by ordinance, may modify 2740
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 112 (BS\KP)
the boundaries of a leisure and recreation district. In addition, 2741
the boundaries of a leisure and recreation district may extend 2742
from within the municipality into the unincorporated area of the 2743
county in which the municipality is located if the county consents 2744
to the extension and has not voted in favor of * * * instituting 2745
prohibition. 2746
(b) Subject to the provisions of this section, the 2747
board of Supervisors of a county, by resolution, may establish one 2748
or more leisure and recreation districts within the county that 2749
are outside the corporate limits of any municipality in the county 2750
and designate the geographic area or areas to be included within 2751
the districts. 2752
(c) The designation or modification of the geographic 2753
area or areas as a leisure and recreation district shall include a 2754
detailed description of the area or areas within the district, 2755
boundaries of the district and a georeferenced map of the 2756
district. In addition to any other matters addressed in an 2757
ordinance or resolution establishing or modifying a leisure and 2758
recreation district, a municipality or county, as the case may be, 2759
must describe the manner in which the municipality or county, as 2760
the case may be, will provide for adequate law enforcement and 2761
other public safety measures and services within the district. 2762
Following the establishment and/or modification of a leisure and 2763
recreation district, the municipality or county, as the case may 2764
be, shall provide the Department of Revenue with (i) a copy of any 2765
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 113 (BS\KP)
ordinance or resolution relating to the establishment or 2766
modification of the district, (ii) verification from the municipal 2767
police department and/or applicable sheriff's department 2768
indicating how such department will provide adequate law 2769
enforcement and other public safety measures and services within 2770
the district, and (iii) a list of persons or other entities that 2771
hold permits issued under Section 67-1-51(c), (e), (f), (g), (l), 2772
(n) or (o) and are located and/or doing business under such 2773
permits in the district at the time the district is established. 2774
SECTION 17. Section 67-9-1, Mississippi Code of 1972, is 2775
amended as follows: 2776
67-9-1. Notwithstanding the provisions of any section of 2777
Title 27 or 67, Mississippi Code of 1972, it shall be lawful for 2778
any person holding an alcohol processing permit to transport and 2779
possess alcoholic beverages, light wine, light spirit product and 2780
beer, in any part of the state, for his or her use in cooking, 2781
processing or manufacturing products which contain alcoholic 2782
beverages as an integral ingredient, in amounts as limited by the 2783
Alcoholic Beverage Control Division of the * * * Department of 2784
Revenue. The authority to transport and possess alcoholic 2785
beverages, light wine, light spirit product and beer under this 2786
section exists regardless of whether (a) the county or 2787
municipality in which the transportation or possession takes place 2788
has voted for * * * instituting prohibition, or (b) the 2789
transportation, storage, sale, distribution, receipt or 2790
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 114 (BS\KP)
manufacture of light wine, light spirit product and beer otherwise 2791
is prohibited. 2792
The provisions of this section shall not be construed as 2793
amending, repealing or otherwise affecting any statute or any 2794
lawfully adopted ordinance, rule or regulation that prohibits or 2795
restricts the location at which, or the premises upon which, 2796
alcoholic beverages, light wine, light spirit product or beer may 2797
be sold or consumed. 2798
SECTION 18. Section 27-71-15, Mississippi Code of 1972, is 2799
amended as follows: 2800
27-71-15. Except as otherwise provided in Section 67-9-1 for 2801
the transportation of limited amounts of alcoholic beverages for 2802
the use of an alcohol processing permittee, and in Sections 2803
67-1-301 to 67-1-317 for the sale and shipment of wine by the 2804
holder of a direct wine shipper's permit, if transportation 2805
requires passage through a county which has * * * voted to 2806
institute prohibition, such transportation shall be by a sealed 2807
vehicle. Such seal shall remain unbroken until the vehicle shall 2808
reach the place of business operated by the permittee. The 2809
operator of any vehicle transporting alcoholic beverages shall 2810
have in his possession an invoice issued by the department at the 2811
time of the wholesale sale covering the merchandise transported by 2812
the vehicle. The department is authorized to issue regulations 2813
controlling the transportation of alcoholic beverages. 2814
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 115 (BS\KP)
When the restrictions imposed by this section and by the 2815
regulation of the department have not been violated, the person 2816
transporting alcoholic beverages through a county wherein the sale 2817
of alcoholic beverages is prohibited shall not be guilty of 2818
unlawful possession and such merchandise shall be immune from 2819
seizure. 2820
SECTION 19. Section 27-71-31, Mississippi Code of 1972, is 2821
amended as follows: 2822
27-71-31. Nothing herein shall be construed to make * * * 2823
unlawful the sale, * * * distribution or transportation of 2824
alcoholic beverages in this state, except to the extent, in the 2825
manner and in the localities that same shall be made * * * 2826
unlawful by the institution of prohibition. 2827
SECTION 20. Section 97-31-47, Mississippi Code of 1972, is 2828
amended as follows: 2829
97-31-47. It shall be unlawful for any transportation 2830
company, or any agent, employee, or officer of such company, or 2831
any other person, or corporation to transport into or deliver in 2832
this state in any manner or by any means any spirituous, vinous, 2833
malt, or other intoxicating liquors or drinks, or for any such 2834
person, company, or corporation to transport any spirituous, malt, 2835
vinous, or intoxicating liquors or drinks from one place within 2836
this state to another place within the state, or from one (1) 2837
point within this state to any point without the state, except in 2838
cases where this chapter, * * * Title 27, Mississippi Code of 2839
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 116 (BS\KP)
1972, or Title 67, Mississippi Code of 1972, authorizes the 2840
transportation. 2841
SECTION 21. Section 67-1-51.1, Mississippi Code of 1972, is 2842
amended as follows: 2843
67-1-51.1. (1) The holder of a delivery service permit 2844
under Section 67-1-51: 2845
(a) May contract with the holder of a package 2846
retailer's permit or an on-premises retailer's permit under 2847
Section 67-1-51 or the holder of a beer, light wine and light 2848
spirit product retail permit under Section 67-3-19 for the purpose 2849
of intrastate delivery of alcoholic beverages or beer, light wine 2850
and light spirit product, as authorized to be sold under the 2851
respective permits; 2852
(b) May deliver alcoholic beverages or beer, light wine 2853
and light spirit product without a delivery contract, if the 2854
permittee holds a package retailer's permit or an on-premises 2855
retailer's permit under Section 67-1-51 or a beer, light wine and 2856
light spirit product retail permit under Section 67-3-19, 2857
respectively; 2858
(c) May use its own employees or independent 2859
contractors who are at least twenty-one (21) years of age to 2860
deliver such alcoholic beverages, beer, light wine or light spirit 2861
product under this section, provided all delivery agents are 2862
trained and certified consistent with the training program 2863
submitted to the division as required by subsection (2)(d) of this 2864
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 117 (BS\KP)
section. If independent contractors are used, the delivery 2865
service permittee must enter into a contract with the retailer as 2866
required by subsection (2)(c) of this section; 2867
(d) May facilitate orders by telephone, Internet or 2868
other electronic means for the sale and delivery of alcoholic 2869
beverages, beer, light wine or light spirit product under this 2870
section. The full amount of each order must be handled in a 2871
manner that gives the retail permittee control over the ultimate 2872
receipt of payment from the consumer. The retail permittee shall 2873
remain responsible for the proper remittance of all applicable 2874
taxes on the sale of the product; 2875
(e) May deliver only sealed containers of alcoholic 2876
beverages, beer, light wine or light spirit product to an 2877
individual in Mississippi; 2878
(f) Shall obtain from the customer a confirmation that 2879
he or she is at least twenty-one (21) years of age at the time the 2880
order is placed; 2881
(g) Shall place a stamp, print or label on the outside 2882
of the sealed package to indicate that the sealed package contains 2883
alcoholic beverages, beer, light wine or light spirit product; 2884
(h) Shall require the recipient, at the time of 2885
delivery, to provide valid photo identification verifying he or 2886
she is at least twenty-one (21) years of age and to sign for the 2887
delivery; 2888
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 118 (BS\KP)
(i) Shall possess identification scanning software 2889
technology or a state-of-the-art alternative at the point of 2890
delivery to verify the recipient is at least twenty-one (21) years 2891
of age and to collect the recipient's name and date of birth. 2892
Records relating to this verification shall be maintained for at 2893
least ninety (90) days and shall be subject to review by the 2894
division; 2895
(j) Shall return all alcoholic beverages, beer, light 2896
wine or light spirit product to the retailer if the recipient is 2897
under the age of twenty-one (21) years, appears intoxicated, fails 2898
to provide proof of identification, fails or refuses to sign for 2899
delivery, fails to complete the identification verification 2900
process or declines to accept delivery, or if any circumstances in 2901
the delivery environment indicate illegal conduct, overconsumption 2902
of alcohol, or an otherwise unsafe environment for the consumption 2903
of alcohol; 2904
(k) May not deliver any alcoholic beverage, beer, light 2905
wine or light spirit product to any person located within a 2906
jurisdiction that is dry for that product, as provided by the 2907
division's wet-dry map; 2908
(l) May not deliver any alcoholic beverage, beer, light 2909
wine or light spirit product in a jurisdiction during times 2910
prohibited for lawful sale in that jurisdiction; 2911
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 119 (BS\KP)
(m) May not deliver any alcoholic beverage, beer, light 2912
wine or light spirit product more than thirty (30) miles from the 2913
retailer's licensed premises; 2914
(n) Shall permit the division to perform an audit of 2915
the licensee's records upon request and with sufficient 2916
notification; and 2917
(o) Shall be deemed to have consented to the 2918
jurisdiction of the division or any law enforcement agency and the 2919
Mississippi courts concerning enforcement of this section and any 2920
related laws or rules. 2921
(2) In order to receive a delivery service permit, an 2922
applicant shall: 2923
(a) File an application with the division; 2924
(b) Pay the privilege license tax of Five Hundred 2925
Dollars ($500.00) as provided in Section 27-71-5; 2926
(c) Provide to the division a sample contract that the 2927
applicant intends to enter into with a retailer for the delivery 2928
of alcoholic beverages, beer, light wine or light spirit product, 2929
unless the applicant is the retailer; 2930
(d) Submit to the division an outline of an internal or 2931
external training and certification program for delivery service 2932
personnel that addresses topics such as identifying underage 2933
persons, intoxicated persons, and fake or altered identification; 2934
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 120 (BS\KP)
(e) Provide an attestation that the applicant is at 2935
least twenty-one (21) years of age and has not been convicted of a 2936
felony in any state or federal courts; 2937
(f) Shall provide proof of a general liability 2938
insurance policy in an amount not less than One Million Dollars 2939
($1,000,000.00) per occurrence; and 2940
(g) Shall be properly registered to conduct business in 2941
Mississippi. 2942
(3) Nothing in this section shall be construed to require a 2943
technology services company to obtain a delivery service permit if 2944
the company does not employ or contract with delivery agents but 2945
merely provides software or a digital network application that 2946
connects consumers and licensed retailers for the delivery of 2947
alcoholic beverages from the licensed retailer. However, the act 2948
of connecting consumers to licensed retailers shall serve to grant 2949
jurisdiction to the State of Mississippi. 2950
(4) The division may enforce the requirements of this 2951
section by the same administrative proceedings that apply to other 2952
alcoholic beverage licenses or permits, including * * * any 2953
disciplinary action applicable to the package retailer's 2954
permittee, on-premises retailer's permittee, retail permittee for 2955
beer, light wine or light spirit product, or delivery service 2956
permittee resulting from any unlawful sale to a minor, except as 2957
provided in subsections (8) and (9) of this section. 2958
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 121 (BS\KP)
(5) The division may enforce the requirements of this 2959
section against the package retailer's permittee, on-premises 2960
retailer's permittee, retail permittee for beer, light wine or 2961
light spirit product, or delivery service permittee, and any 2962
employee or independent contractor of such permittee, except as 2963
provided in subsections (8) and (9) of this section. If a package 2964
retailer permittee, an on-premises retailer's permittee, or a 2965
retail permittee for beer, light wine or light spirit product is 2966
also a delivery permittee, a violation of alcohol law by its 2967
employee or independent contractor during delivery will subject 2968
both the retailer permit and the delivery service permit to 2969
disciplinary action for the violation. Delivery to a minor shall 2970
be treated as furnishing to a minor and shall result in any 2971
applicable disciplinary action, except as provided in subsections 2972
(8) and (9) of this section. 2973
(6) Nothing in this section shall be construed to limit or 2974
otherwise diminish the ability of the division to enforce the 2975
provisions of Chapters 1 and 3, Title 67, Mississippi Code of 2976
1972, with respect to the liability of any package retailer's 2977
permittee, on-premises retailer's permittee, retail permittee for 2978
beer, light wine or light spirit product, or delivery service 2979
permittee engaging in delivery activity authorized by this 2980
section, except as provided in subsections (8) and (9) of this 2981
section. 2982
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 122 (BS\KP)
(7) Nothing in this section shall be construed to authorize 2983
the direct shipment of alcoholic beverages, light wine, beer or 2984
light spirit product from any manufacturer or distributor holding 2985
a permit under this article, or under Title 67, Chapter 3, 2986
Mississippi Code of 1972, to consumers in this state. 2987
(8) (a) A package retailer's responsibilities under this 2988
section regarding delivery of an alcoholic beverage to an ultimate 2989
consumer are considered satisfied at the time the package retailer 2990
transfers possession of an alcoholic beverage to the delivery 2991
service permittee or a delivery driver employed by, contracted 2992
with, or acting on behalf of the holder of a delivery service 2993
permit. 2994
(b) An action by a delivery service permittee or by a 2995
delivery driver is not attributable to the package retailer with 2996
regard to: 2997
(i) Providing, selling, or serving alcohol to a 2998
minor or to an intoxicated individual; 2999
(ii) The delivery of alcohol in a dry or otherwise 3000
illegal area; or 3001
(iii) Any other provision of this section or any 3002
other provision of Section 67-1-1 et seq. 3003
(c) A package retailer: 3004
(i) Is not required to verify that the delivery 3005
service permittee or the delivery driver has received delivery 3006
driver training under subsection (2)(d) of this section; and 3007
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 123 (BS\KP)
(ii) May not be held responsible for any reason 3008
under statutory or common law for the actions of a delivery 3009
service permittee or a delivery driver acting on behalf of a 3010
delivery service permittee. 3011
(9) Nothing in this section shall be construed to authorize 3012
the division to subject a package retailer permittee to any 3013
administrative proceedings or disciplinary action due to any 3014
actions of a delivery service permittee or a delivery driver 3015
acting on behalf of a delivery service permittee. 3016
SECTION 22. Section 67-3-9, Mississippi Code of 1972, is 3017
brought forward as follows: 3018
67-3-9. Any city in this state, having a population of not 3019
less than two thousand five hundred (2,500) according to the 3020
latest federal decennial census; or any city in this state having 3021
a population of not less than one thousand five hundred (1,500) 3022
according to the latest federal decennial census and located 3023
within three (3) miles of a city or county that permits the sale, 3024
receipt, storage and transportation for the purpose of sale of 3025
beer, light spirit product or light wine; or any city or town in 3026
this state having a population of not less than one thousand 3027
(1,000) according to the latest federal decennial census and 3028
located in a county that has no city or town with a population of 3029
more than two thousand five hundred (2,500); or any city, town or 3030
village that is a county seat and has voted to come out from under 3031
the dry law under Section 67-1-14; at an election held for the 3032
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 124 (BS\KP)
purpose, under the election laws applicable to such city, may 3033
either prohibit or permit, except as otherwise provided under 3034
Section 67-9-1, the sale and the receipt, storage and 3035
transportation for the purpose of sale of beer, light spirit 3036
product and light wine. An election to determine whether such 3037
sale shall be permitted in cities wherein its sale is prohibited 3038
by law shall be ordered by the city or town council or mayor and 3039
board of aldermen or other governing body of such city or town for 3040
such city or town only, upon the presentation of a petition for 3041
such city or town to such governing board containing the names of 3042
twenty percent (20%) or fifteen hundred (1,500), whichever number 3043
is the lesser, of the duly qualified voters of such city or town 3044
asking for such election. In like manner, an election to 3045
determine whether such sale shall be prohibited in cities wherein 3046
its sale is permitted by law shall be ordered by the city council 3047
or mayor and board of aldermen or other governing board of such 3048
city for such city only, upon the presentation of a petition to 3049
such governing board containing the names of twenty percent (20%) 3050
of the duly qualified voters of such city asking for such 3051
election. No election on either question shall be held by any one 3052
(1) city more often than once in five (5) years. 3053
Thirty (30) days' notice shall be given to the qualified 3054
electors of such city or town in the manner prescribed by law upon 3055
the question of either permitting or prohibiting such sale, and 3056
the notice shall contain a statement of the question to be voted 3057
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 125 (BS\KP)
on at the election. The tickets to be used in the election shall 3058
have the following words printed thereon: "For the legal sale of 3059
light wine of an alcoholic content of not more than five percent 3060
(5%) by weight, light spirit product of an alcoholic content of 3061
not more than six percent (6%) by weight, and beer of an alcoholic 3062
content of not more than eight percent (8%) by weight"; and the 3063
words "Against the legal sale of light wine of an alcoholic 3064
content of not more than five percent (5%) by weight, light spirit 3065
product of an alcoholic content of not more than six percent (6%) 3066
by weight, and beer of an alcoholic content of not more than eight 3067
percent (8%) by weight," next below. In making up his or her 3068
ticket the voter shall make a cross (X) opposite the words of his 3069
choice. 3070
If in the election a majority of the qualified electors 3071
voting in the election shall vote "For the legal sale of light 3072
wine of an alcoholic content of not more than five percent (5%) by 3073
weight, light spirit product of an alcoholic content of not more 3074
than six percent (6%) by weight, and beer of an alcoholic content 3075
of not more than eight percent (8%) by weight," then the city or 3076
town council or mayor and board of aldermen or other governing 3077
body shall pass the necessary order permitting the legal sale of 3078
such light wine, light spirit product and beer in such city or 3079
town. If in the election a majority of the qualified electors 3080
voting in the election shall vote "Against the legal sale of light 3081
wine of an alcoholic content of not more than five percent (5%) by 3082
H. B. No. 671 *HR43/R288* ~ OFFICIAL ~
26/HR43/R288
PAGE 126 (BS\KP)
ST: Alcoholic beverages; revise policy of state
regarding prohibition of, revise certain
provisions regarding delivery service permits.
weight, light spirit product of an alcoholic content of not more 3083
than six percent (6%) by weight, and beer of an alcoholic content 3084
of not more than eight percent (8%) by weight," then the city 3085
council or mayor and board of aldermen or other governing body 3086
shall pass the necessary order prohibiting the sale of such light 3087
wine, light spirit product and beer in such city. 3088
All laws or parts of laws in conflict with this section are 3089
hereby repealed to the extent of such conflict only, this section 3090
being cumulative and supplementary. 3091
SECTION 23. Section 21 of this act shall take effect and be 3092
in force from and after July 1, 2026, and the remaining sections 3093
of this act shall take effect and be in force from and after 3094
January 1, 2027. 3095