Alcoholic beverages; authorize the sale of wine at grocery stores.

H. B. No. 674 *HR43/R285* ~ OFFICIAL ~ G3/5
26/HR43/R285
PAGE 1 (BS\KP)

To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Powell

HOUSE BILL NO. 674

AN ACT TO AMEND SECTION 67-1-5, MISSISSIPPI CODE OF 1972, TO 1
DEFINE THE TERM "GROCERY STORE" UNDER THE LOCAL OPTION ALCOHOLIC 2
BEVERAGE CONTROL LAW; TO AMEND SECTION 67-1-51, MISSISSIPPI CODE 3
OF 1972, TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ISSUE GROCERY 4
STORE WINE-ONLY RETAILER'S PERMITS THAT AUTHORIZE THE HOLDER 5
THEREOF TO SELL WINE AT RETAIL AT A GROCERY STORE IN ORIGINAL 6
SEALED AND UNOPENED PACKAGES NOT TO BE CONSUMED ON THE PREMISES 7
WHERE SOLD; TO PROVIDE THAT THE HOLDER OF A PACKAGE RETAILER'S 8
PERMIT MAY SELL OTHER PRODUCTS AND MERCHANDISE, EXCEPT BEER, BUT 9
MUST DERIVE AT LEAST 50% OF THE REVENUE OF THE LICENSED PREMISES 10
FROM THE RETAIL SALE OF ALCOHOLIC BEVERAGES IN ORIGINAL SEALED AND 11
UNOPENED PACKAGES NOT TO BE CONSUMED ON THE LICENSED PREMISES; TO 12
REVISE THE TYPE OF PERMITS FOR WHICH CERTAIN TEMPORARY PERMITS MAY 13
BE ISSUED; TO AUTHORIZE A PERSON TO OWN OR CONTROL ANY INTEREST IN 14
NO MORE THAN SIX PACKAGE RETAILER'S PERMITS; TO AMEND SECTION 15
27-71-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THE LICENSE TAX 16
REQUIRED FOR GROCERY STORE WINE-ONLY RETAILER'S PERMITS; TO AMEND 17
SECTIONS 67-1-41, 67-1-75, 67-1-83 AND 67-1-85, MISSISSIPPI CODE 18
OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. Section 67-1-5, Mississippi Code of 1972, is 21
amended as follows: 22
67-1-5. For the purposes of this article and unless 23
otherwise required by the context: 24
(a) "Alcoholic beverage" means any alcoholic liquid, 25
including wines of more than five percent (5%) of alcohol by 26
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 2 (BS\KP)

weight, capable of being consumed as a beverage by a human being, 27
but shall not include light wine, light spirit product and beer, 28
as defined in Section 67-3-3, but shall include native wines, 29
native spirits, and craft spirits. The words "alcoholic beverage" 30
shall not include ethyl alcohol manufactured or distilled solely 31
for fuel purposes or beer of an alcoholic content of more than 32
eight percent (8%) by weight if the beer is legally manufactured 33
in this state for sale in another state. 34
(b) "Alcohol" means the product of distillation of any 35
fermented liquid, whatever the origin thereof, and includes 36
synthetic ethyl alcohol, but does not include denatured alcohol or 37
wood alcohol. 38
(c) "Distilled spirits" means any beverage containing 39
more than six percent (6%) of alcohol by weight produced by 40
distillation of fermented grain, starch, molasses or sugar, 41
including dilutions and mixtures of these beverages. 42
(d) "Wine" or "vinous liquor" means any product 43
obtained from the alcoholic fermentation of the juice of sound, 44
ripe grapes, fruits, honey or berries and made in accordance with 45
the revenue laws of the United States. 46
(e) "Person" means and includes any individual, 47
partnership, corporation, association or other legal entity 48
whatsoever. 49
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 3 (BS\KP)

(f) "Manufacturer" means any person engaged in 50
manufacturing, distilling, rectifying, blending or bottling any 51
alcoholic beverage. 52
(g) "Wholesaler" means any person, other than a 53
manufacturer, engaged in distributing or selling any alcoholic 54
beverage at wholesale for delivery within or without this state 55
when such sale is for the purpose of resale by the purchaser. 56
(h) "Retailer" means any person who sells, distributes, 57
or offers for sale or distribution, any alcoholic beverage for use 58
or consumption by the purchaser and not for resale. 59
(i) "State Tax Commission," "commission" or 60
"department" means the Department of Revenue of the State of 61
Mississippi, which shall create a division in its organization to 62
be known as the Alcoholic Beverage Control Division. Any 63
reference to the commission or the department hereafter means the 64
powers and duties of the Department of Revenue with reference to 65
supervision of the Alcoholic Beverage Control Division. 66
(j) "Division" means the Alcoholic Beverage Control 67
Division of the Department of Revenue. 68
(k) "Municipality" means any incorporated city or town 69
of this state. 70
(l) "Hotel" means an establishment within a 71
municipality, or within a qualified resort area approved as such 72
by the department, where, in consideration of payment, food and 73
lodging are habitually furnished to travelers and wherein are 74
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 4 (BS\KP)

located at least twenty (20) adequately furnished and completely 75
separate sleeping rooms with adequate facilities that persons 76
usually apply for and receive as overnight accommodations. Hotels 77
in towns or cities of more than twenty-five thousand (25,000) 78
population are similarly defined except that they must have fifty 79
(50) or more sleeping rooms. Any such establishment described in 80
this paragraph with less than fifty (50) beds shall operate one or 81
more regular dining rooms designed to be constantly frequented by 82
customers each day. When used in this article, the word "hotel" 83
shall also be construed to include any establishment that meets 84
the definition of "bed and breakfast inn" as provided in this 85
section. 86
(m) "Restaurant" means: 87
(i) A place which is regularly and in a bona fide 88
manner used and kept open for the serving of meals to guests for 89
compensation, which has suitable seating facilities for guests, 90
and which has suitable kitchen facilities connected therewith for 91
cooking an assortment of foods and meals commonly ordered at 92
various hours of the day; the service of such food as sandwiches 93
and salads only shall not be deemed in compliance with this 94
requirement. Except as otherwise provided in this paragraph, no 95
place shall qualify as a restaurant under this article unless 96
twenty-five percent (25%) or more of the revenue derived from such 97
place shall be from the preparation, cooking and serving of meals 98
and not from the sale of beverages, or unless the value of food 99
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 5 (BS\KP)

given to and consumed by customers is equal to twenty-five percent 100
(25%) or more of total revenue; or 101
(ii) Any privately owned business located in a 102
building in a historic district where the district is listed in 103
the National Register of Historic Places, where the building has a 104
total occupancy rating of not less than one thousand (1,000) and 105
where the business regularly utilizes ten thousand (10,000) square 106
feet or more in the building for live entertainment, including not 107
only the stage, lobby or area where the audience sits and/or 108
stands, but also any other portion of the building necessary for 109
the operation of the business, including any kitchen area, bar 110
area, storage area and office space, but excluding any area for 111
parking. In addition to the other requirements of this 112
subparagraph, the business must also serve food to guests for 113
compensation within the building and derive the majority of its 114
revenue from event-related fees, including, but not limited to, 115
admission fees or ticket sales to live entertainment in the 116
building, and from the rental of all or part of the facilities of 117
the business in the building to another party for a specific event 118
or function. 119
(n) "Club" means an association or a corporation: 120
(i) Organized or created under the laws of this 121
state for a period of five (5) years prior to July 1, 1966; 122
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 6 (BS\KP)

(ii) Organized not primarily for pecuniary profit 123
but for the promotion of some common object other than the sale or 124
consumption of alcoholic beverages; 125
(iii) Maintained by its members through the 126
payment of annual dues; 127
(iv) Owning, hiring or leasing a building or space 128
in a building of such extent and character as may be suitable and 129
adequate for the reasonable and comfortable use and accommodation 130
of its members and their guests; 131
(v) The affairs and management of which are 132
conducted by a board of directors, board of governors, executive 133
committee, or similar governing body chosen by the members at a 134
regular meeting held at some periodic interval; and 135
(vi) No member, officer, agent or employee of 136
which is paid, or directly or indirectly receives, in the form of 137
a salary or other compensation any profit from the distribution or 138
sale of alcoholic beverages to the club or to members or guests of 139
the club beyond such salary or compensation as may be fixed and 140
voted at a proper meeting by the board of directors or other 141
governing body out of the general revenues of the club. 142
The department may, in its discretion, waive the five-year 143
provision of this paragraph. In order to qualify under this 144
paragraph, a club must file with the department, at the time of 145
its application for a license under this article, two (2) copies 146
of a list of the names and residences of its members and similarly 147
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 7 (BS\KP)

file, within ten (10) days after the election of any additional 148
member, his name and address. Each club applying for a license 149
shall also file with the department at the time of the application 150
a copy of its articles of association, charter of incorporation, 151
bylaws or other instruments governing the business and affairs 152
thereof. 153
(o) "Qualified resort area" means any area or locality 154
outside of the limits of incorporated municipalities in this state 155
commonly known and accepted as a place which regularly and 156
customarily attracts tourists, vacationists and other transients 157
because of its historical, scenic or recreational facilities or 158
attractions, or because of other attributes which regularly and 159
customarily appeal to and attract tourists, vacationists and other 160
transients in substantial numbers; however, no area or locality 161
shall so qualify as a resort area until it has been duly and 162
properly approved as such by the department. The department may 163
not approve an area as a qualified resort area after July 1, 2018, 164
if any portion of such proposed area is located within two (2) 165
miles of a convent or monastery that is located in a county 166
traversed by Interstate 55 and U.S. Highway 98. A convent or 167
monastery may waive such distance restrictions in favor of 168
allowing approval by the department of an area as a qualified 169
resort area. Such waiver shall be in written form from the owner, 170
the governing body, or the appropriate officer of the convent or 171
monastery having the authority to execute such a waiver, and the 172
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 8 (BS\KP)

waiver shall be filed with and verified by the department before 173
becoming effective. 174
(i) The department may approve an area or locality 175
outside of the limits of an incorporated municipality that is in 176
the process of being developed as a qualified resort area if such 177
area or locality, when developed, can reasonably be expected to 178
meet the requisites of the definition of the term "qualified 179
resort area." In such a case, the status of qualified resort area 180
shall not take effect until completion of the development. 181
(ii) The term includes any state park which is 182
declared a resort area by the department; however, such 183
declaration may only be initiated in a written request for resort 184
area status made to the department by the Executive Director of 185
the Department of Wildlife, Fisheries and Parks, and no permit for 186
the sale of any alcoholic beverage, as defined in this article, 187
except an on-premises retailer's permit, shall be issued for a 188
hotel, restaurant or bed and breakfast inn in such park. 189
(iii) The term includes: 190
1. The clubhouses associated with the state 191
park golf courses at the Lefleur's Bluff State Park, the John Kyle 192
State Park, the Percy Quin State Park and the Hugh White State 193
Park; 194
2. The clubhouse and associated golf course, 195
tennis courts and related facilities and swimming pool and related 196
facilities where the golf course, tennis courts and related 197
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 9 (BS\KP)

facilities and swimming pool and related facilities are adjacent 198
to one or more planned residential developments and the golf 199
course and all such developments collectively include at least 200
seven hundred fifty (750) acres and at least four hundred (400) 201
residential units; 202
3. Any facility located on property that is a 203
game reserve with restricted access that consists of at least 204
three thousand (3,000) contiguous acres with no public roads and 205
that offers as a service hunts for a fee to overnight guests of 206
the facility; 207
4. Any facility located on federal property 208
surrounding a lake and designated as a recreational area by the 209
United States Army Corps of Engineers that consists of at least 210
one thousand five hundred (1,500) acres; 211
5. Any facility that is located in a 212
municipality that is bordered by the Pearl River, traversed by 213
Mississippi Highway 25, adjacent to the boundaries of the Jackson 214
International Airport and is located in a county which has voted 215
against coming out from under the dry law; however, any such 216
facility may only be located in areas designated by the governing 217
authorities of such municipality; 218
6. Any municipality with a population in 219
excess of ten thousand (10,000) according to the latest federal 220
decennial census that is located in a county that is bordered by 221
the Pearl River and is not traversed by Interstate Highway 20, 222
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 10 (BS\KP)

with a population in excess of forty-five thousand (45,000) 223
according to the latest federal decennial census; 224
7. The West Pearl Restaurant Tax District as 225
defined in Chapter 912, Local and Private Laws of 2007; 226
8. a. Land that is located in any county in 227
which Mississippi Highway 43 and Mississippi Highway 25 intersect 228
and: 229
A. Owned by the Pearl River Valley 230
Water Supply District, and/or 231
B. Located within the Reservoir 232
Community District, zoned commercial, east of Old Fannin Road, 233
north of Regatta Drive, south of Spillway Road, west of Hugh Ward 234
Boulevard and accessible by Old Fannin Road, Spillway Road, Spann 235
Drive and/or Lake Vista Place, and/or 236
C. Located within the Reservoir 237
Community District, zoned commercial, west of Old Fannin Road, 238
south of Spillway Road and extending to the boundary of the 239
corporate limits of the City of Flowood, Mississippi; 240
b. The board of supervisors of such 241
county, with respect to B and C of item 8.a., may by resolution or 242
other order: 243
A. Specify the hours of operation 244
of facilities that offer alcoholic beverages for sale, 245
B. Specify the percentage of 246
revenue that facilities that offer alcoholic beverages for sale 247
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 11 (BS\KP)

must derive from the preparation, cooking and serving of meals and 248
not from the sale of beverages, and 249
C. Designate the areas in which 250
facilities that offer alcoholic beverages for sale may be located; 251
9. Any facility located on property that is a 252
game reserve with restricted access that consists of at least 253
eight hundred (800) contiguous acres with no public roads, that 254
offers as a service hunts for a fee to overnight guests of the 255
facility, and has accommodations for at least fifty (50) overnight 256
guests; 257
10. Any facility that: 258
a. Consists of at least six thousand 259
(6,000) square feet being heated and cooled along with an 260
additional adjacent area that consists of at least two thousand 261
two hundred (2,200) square feet regardless of whether heated and 262
cooled, 263
b. For a fee is used to host events such 264
as weddings, reunions and conventions, 265
c. Provides lodging accommodations 266
regardless of whether part of the facility and/or located adjacent 267
to or in close proximity to the facility, and 268
d. Is located on property that consists 269
of at least thirty (30) contiguous acres; 270
11. Any facility and related property: 271
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 12 (BS\KP)

a. Located on property that consists of 272
at least one hundred twenty-five (125) contiguous acres and 273
consisting of an eighteen-hole golf course, and/or located in a 274
facility that consists of at least eight thousand (8,000) square 275
feet being heated and cooled, 276
b. Used for the purpose of providing 277
meals and hosting events, and 278
c. Used for the purpose of teaching 279
culinary arts courses and/or turf management and grounds keeping 280
courses, and/or outdoor recreation and leadership courses; 281
12. Any facility and related property that: 282
a. Consist of at least eight thousand 283
(8,000) square feet being heated and cooled, 284
b. For a fee is used to host events, 285
c. Is used for the purpose of culinary 286
arts courses, and/or live entertainment courses and art 287
performances, and/or outdoor recreation and leadership courses; 288
13. The clubhouse and associated golf course 289
where the golf course is adjacent to one or more residential 290
developments and the golf course and all such developments 291
collectively include at least two hundred (200) acres and at least 292
one hundred fifty (150) residential units and are located a. in a 293
county that has voted against coming out from under the dry law; 294
and b. outside of but in close proximity to a municipality in such 295
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 13 (BS\KP)

county which has voted under Section 67-1-14, after January 1, 296
2013, to come out from under the dry law; 297
14. The clubhouse and associated 298
eighteen-hole golf course located in a municipality traversed by 299
Interstate Highway 55 and U.S. Highway 51 that has voted to come 300
out from under the dry law; 301
15. a. Land that is planned for mixed-use 302
development and consists of at least two hundred (200) contiguous 303
acres with one or more planned residential developments 304
collectively planned to include at least two hundred (200) 305
residential units when completed, and also including a facility 306
that consists of at least four thousand (4,000) square feet that 307
is not part of such land but is located adjacent to or in close 308
proximity thereto, and in addition, also including land located 309
and beginning outside of and adjacent to the south boundary of the 310
corporate limits of a municipality on South Montgomery Street and 311
running approximately one (1) mile west outside of and along such 312
corporate limits, then running in a straight line parallel to 313
South Montgomery Street south to Poor House Road, then running 314
east along Poor House Road to South Montgomery Street, and then 315
running north along South Montgomery Street back to the point of 316
beginning, and which land is located: 317
A. In a county that has voted to 318
come out from under the dry law, 319
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 14 (BS\KP)

B. Outside the corporate limits of 320
any municipality in such county and adjacent to or in close 321
proximity to a golf course located in a municipality in such 322
county, and 323
C. Within one (1) mile of a state 324
institution of higher learning; 325
b. The board of supervisors of such 326
county may by resolution or other order: 327
A. Specify the hours of operation 328
of facilities that offer alcoholic beverages for sale, 329
B. Specify the percentage of 330
revenue that facilities that offer alcoholic beverages for sale 331
must derive from the preparation, cooking and serving of meals and 332
not from the sale of beverages, and 333
C. Designate the areas in which 334
facilities that offer alcoholic beverages for sale may be located; 335
16. Any facility with a capacity of five 336
hundred (500) people or more, to be used as a venue for private 337
events, on a tract of land in the Southwest Quarter of Section 33, 338
Township 2 South, Range 7 East, of a county where U.S. Highway 45 339
and U.S. Highway 72 intersect and that has not voted to come out 340
from under the dry law; 341
17. One hundred five (105) contiguous acres, 342
more or less, located in Hinds County, Mississippi, and in the 343
City of Jackson, Mississippi, whereon are constructed a variety of 344
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 15 (BS\KP)

buildings, improvements, grounds or objects for the purpose of 345
holding events thereon to promote agricultural and industrial 346
development in Mississippi; 347
18. Land that is owned by a state institution 348
of higher learning, land that is owned by an entity that is bound 349
by an affiliation agreement with a state institution of higher 350
learning, or land that is owned by one or more other entities so 351
long as such other entities are solely owned, either directly or 352
through additional entities, by an institution of higher learning 353
and/or one or more entities bound by affiliation agreements with 354
such institution, and: 355
a. Located entirely within a county that 356
has elected by majority vote not to permit the transportation, 357
storage, sale, distribution, receipt and/or manufacture of light 358
wine and beer pursuant to Section 67-3-7; and 359
b. A. Located adjacent to but outside 360
the incorporated limits of a municipality that has elected by 361
majority vote to permit the sale, receipt, storage and 362
transportation of light wine and beer pursuant to Section 67-3-9; 363
or 364
B. Located in an area bounded on 365
the north by College View Drive, on the east by Mississippi 366
Highway 12 East, on the south by Mississippi Highway 12 East, on 367
the west by Mill Street, on the north by Russell Street, then on 368
the west by Colonel Muldrow Avenue, on the north by University 369
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 16 (BS\KP)

Drive, on the west by Adkerson Way within a municipality through 370
which run Mississippi Highway 25, Mississippi Highway 12 and U.S. 371
Highway 82. 372
If any portion of the land described in this item 18 has been 373
declared a qualified resort area by the department before July 1, 374
2020, then that qualified resort area shall be incorporated into 375
the qualified resort area created by this item 18; 376
19. Any facility and related property: 377
a. Used as a flea market or similar 378
venue during a weekend (Saturday and Sunday) immediately preceding 379
the first Monday of a month and having an annual average of at 380
least one thousand (1,000) visitors for each such weekend and five 381
hundred (500) vendors for Saturday of each such weekend, and 382
b. Located in a county that has not 383
voted to come out from under the dry law and outside of but in 384
close proximity to a municipality located in such county and which 385
municipality has voted to come out from under the dry law; 386
20. Blocks 1, 2 and 3 of the original town 387
square in any municipality with a population in excess of one 388
thousand five hundred (1,500) according to the latest federal 389
decennial census and which is located in: 390
a. A county traversed by Interstate 55 391
and Interstate 20, and 392
b. A judicial district that has not 393
voted to come out from under the dry law; 394
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 17 (BS\KP)

21. Any municipality with a population in 395
excess of two thousand (2,000) according to the latest federal 396
decennial census and in which is located a part of White's Creek 397
Lake and in which U.S. Highway 82 intersects with Mississippi 398
Highway 9 and located in a county that is partially bordered on 399
one (1) side by the Big Black River; 400
22. A restaurant located on a two-acre tract 401
adjacent to a five-hundred-fifty-acre lake in the northeast corner 402
of a county traversed by U.S. Interstate 55 and U.S. Highway 84; 403
23. Any tracts of land in Oktibbeha County, 404
situated north of Bailey Howell Drive, Lee Boulevard and Old 405
Mayhew Road, east of George Perry Street and south of Mississippi 406
Highway 182, and not located on the property of a state 407
institution of higher learning; however, the board of supervisors 408
of such county may by resolution or other order: 409
a. Specify the hours of operation of 410
facilities that offer alcoholic beverages for sale; 411
b. Specify the percentage of revenue 412
that facilities that offer alcoholic beverages for sale must 413
derive from the preparation, cooking and serving of meals and not 414
from the sale of beverages; and 415
c. Designate the areas in which 416
facilities that offer alcoholic beverages for sale may be located; 417
24. A municipality in which Mississippi 418
Highway 27 and Mississippi Highway 28 intersect; 419
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 18 (BS\KP)

25. A municipality through which run 420
Mississippi Highway 35 and Interstate 20; 421
26. A municipality in which Mississippi 422
Highway 16 and Mississippi Highway 35 intersect; 423
27. A municipality in which U.S. Highway 82 424
and Old Highway 61 intersect; 425
28. A municipality in which Mississippi 426
Highway 8 meets Mississippi Highway 1; 427
29. A municipality in which U.S. Highway 82 428
and Mississippi Highway 1 intersect; 429
30. A municipality in which Mississippi 430
Highway 50 meets Mississippi Highway 9; 431
31. An area bounded on the north by Pearl 432
Street, on the east by West Street, on the south by Court Street 433
and on the west by Farish Street, within a municipality bordered 434
on the east by the Pearl River and through which run Interstate 20 435
and Interstate 55; 436
32. Any facility and related property that: 437
a. Is contracted for mixed-use 438
development improvements consisting of office and residential 439
space and a restaurant and lounge, partially occupying the 440
renovated space of a four-story commercial building which 441
previously served as a financial institution; and adjacent 442
property to the west consisting of a single-story office building 443
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 19 (BS\KP)

that was originally occupied by the Brotherhood of Carpenters and 444
Joiners of American Local Number 569; and 445
b. Is situated on a tract of land 446
consisting of approximately one and one-tenth (1.10) acres, and 447
the adjacent property to the west consisting of approximately 0.5 448
acres, located in a municipality which is the seat of county 449
government, situated south of Interstate 10, traversed by U.S. 450
Highway 90, partially bordered on one (1) side by the Pascagoula 451
River and having its most southern boundary bordered by the Gulf 452
of Mexico, with a population greater than twenty-two thousand 453
(22,000) according to the 2010 federal decennial census; however, 454
the governing authorities of such a municipality may by ordinance: 455
A. Specify the hours of operation 456
of facilities that offer alcoholic beverages for sale; 457
B. Specify the percentage of 458
revenue that facilities that offer alcoholic beverages for sale 459
must derive from the preparation, cooking and serving of meals and 460
not from the sale of beverages; and 461
C. Designate the areas within the 462
facilities in which alcoholic beverages may be offered for sale; 463
33. Any facility with a maximum capacity of 464
one hundred twenty (120) people that consists of at least three 465
thousand (3,000) square feet being heated and cooled, has a 466
commercial kitchen, has a pavilion that consists of at least nine 467
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 20 (BS\KP)

thousand (9,000) square feet and is located on land more 468
particularly described as follows: 469
All that part of the East Half of the Northwest Quarter of 470
Section 21, Township 7 South, Range 4 East, Union County, 471
Mississippi, that lies South of Mississippi State Highway 348 472
right-of-way and containing 19.48 acres, more or less. 473
ALSO, 474
The Northeast 38 acres of the Southwest Quarter of Section 475
21, Township 7 South, Range 4 East, Union County, Mississippi. 476
ALSO, 477
The South 81 1/2 acres of the Southwest Quarter of Section 478
21, Township 7 South, Range 4 East, Union County, Mississippi; 479
34. A municipality in which U.S. Highway 51 480
and Mississippi Highway 16 intersect; 481
35. A municipality in which Interstate 20 482
passes over Mississippi Highway 15; 483
36. Any municipality that is bordered in its 484
northwestern boundary by the Pearl River, traversed by U.S. 485
Highway 49 and Interstate 20, and is located in a county which has 486
voted against coming out from under the dry law; 487
37. A municipality in which Mississippi 488
Highway 28 and Mississippi Highway 29 North intersect; 489
38. An area bounded as follows within a 490
municipality through which run Interstate 22 and Mississippi 491
Highway 15: Beginning at a point at the intersection of Bankhead 492
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 21 (BS\KP)

Street and Tallahatchie Trails; then running to a point at the 493
intersection of Tallahatchie Trails and Interstate 22; then 494
running to a point at the intersection of Interstate 22 and Carter 495
Avenue; then running to a point at the intersection of Carter 496
Avenue and Camp Avenue; then running to a point at the 497
intersection of Camp Avenue and King Street; then running to a 498
point at the intersection of King Street and E. Main Street; then 499
running to a point at the intersection of E. Main Street and Camp 500
Avenue; then running to a point at the intersection of Camp Avenue 501
and Highland Street; then running to a point at the intersection 502
of Highland Street and Adams Street; then running to a point at 503
the intersection of Adams Street and Cleveland Street; then 504
running to a point at the intersection of Cleveland Street and N. 505
Railroad Avenue; then running to a point at the intersection of N. 506
Railroad Avenue and McGill Street; then running to a point at the 507
intersection of McGill Street and Snyder Street; then running to a 508
point at the intersection of Snyder Street and Bankhead Street; 509
then running to a point at the intersection of Bankhead Street and 510
Tallahatchie Trails and the point of the beginning; 511
39. A municipality through which run 512
Mississippi Highway 43 and U.S. Highway 80; 513
40. The coliseum in a municipality in which 514
U.S. Highway 72 passes over U.S. Highway 45; 515
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 22 (BS\KP)

41. A piece of property on the northeast 516
corner of the T-intersection where Builders Square Drive meets 517
Mississippi Highway 471; 518
42. The clubhouse and associated golf course, 519
tennis courts and related facilities and swimming pool and related 520
facilities located on Oaks Country Club Road less than one-half 521
(1/2) mile to the east of Mississippi Highway 15; 522
43. Any facility located on land more 523
particularly described as follows: 524
The East Half (E 1/2) of the Southwest Quarter (SW 1/4) of 525
Section 15, Township 3 North, Range 2 East; a 4 acre parcel in the 526
Southwest Corner of the Southwest Quarter (SW 1/4) of the 527
Southeast Quarter (SE 1/4), Section 15, Township 3 North, Range 2 528
East, running 210 feet east and west and 840 feet running north 529
and south; the Northeast Quarter (NE 1/4) of the Northwest Quarter 530
(NW 1/4) of Section 22, Township 3 North, Range 2 East, all in 531
Rankin County, Mississippi; 532
44. Any facility located on land more 533
particularly described as follows: 534
Beginning at a point 1915 feet west and 2171 feet north of 535
southeast corner, Section 11, Township 24 North, Range 2 West, 536
Second Judicial District, Tallahatchie County, Mississippi, which 537
point is the southwest corner of J.C. Section Lot mentioned in 538
deed recorded in Book 50, page 34, in the records of the Chancery 539
Clerk's Office at Sumner, in said District of said County; thence 540
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 23 (BS\KP)

South 80° West, 19 feet to the east boundary of United States 541
Highway 49-E, thence East along the east boundary of said Highway 542
270 feet to point of beginning of Lot to be conveyed; thence 543
southeast along the east boundary of said Highway 204 feet to a 544
concrete post at the intersection of the east boundary of said 545
Highway with the west boundary of gravel road from Sumner to Webb, 546
known as Oil Mill Road, thence Northwest along west boundary of 547
said Oil Mill Road 194 feet to center of driveway running 548
southwest from said Oil Mill Road to U.S. Highway 49-E; thence 549
South 66° West along center of said driveway 128 feet to point of 550
beginning, being situated in Northwest Quarter of Southeast 551
Quarter of Section 11, together with all improvements situated 552
thereon; 553
45. Any facility that: 554
a. Consists of at least five thousand 555
six hundred (5,600) square feet being heated and cooled along with 556
a lakeside patio that consists of at least two thousand two 557
hundred (2,200) square feet, regardless of whether such patio is 558
part of the facility and/or located adjacent to or in close 559
proximity to the facility; 560
b. Includes a caterer's kitchen and 561
green room for entertainment preparation; 562
c. For a fee is used to host events; and 563
d. Is located adjacent to or in close 564
proximity to an approximately nine-acre lake on property that 565
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 24 (BS\KP)

consists of at least one hundred twenty (120) acres in a county 566
traversed by Mississippi Highway 15 and U.S. Highway 278; 567
46. Any municipality with a population in 568
excess of one thousand (1,000) according to the 2010 federal 569
decennial census and which is located in a county that is 570
traversed by U.S. Highways 84 and 98 and has not voted to come out 571
from under the dry law; 572
47. The clubhouse and associated nine-hole 573
golf course, tennis courts and related facilities and swimming 574
pool and related facilities located on or near U.S. Highway 82 575
between Mississippi Highway 15 and Mississippi Highway 9; 576
48. The downtown square area bound by East 577
Service Drive, Commerce Street, Second Street and Court Street and 578
adjacent properties in a municipality through which run Interstate 579
55, U.S. Highway 51 and Mississippi Highway 306; 580
49. All parcels zoned for mixed-use 581
development located west of Mississippi Highway 589, more than 582
four hundred (400) feet north of Old Highway 24, east of 583
Parkers Creek and Black Creek, and south of J M Burge Road; 584
50. Any facility used by a soccer club and 585
located on Old Highway 11 between one-tenth (0.1) and two-tenths 586
(0.2) of a mile from its intersection with Oak Grove Road, in a 587
county in which U.S. Highway 98 and Mississippi Highway 589 588
intersect; 589
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 25 (BS\KP)

51. Any municipality in which U.S. Highway 49 590
and Mississippi Highway 469 intersect; 591
52. Any facility that is: 592
a. Owned by a Veterans of Foreign Wars 593
(VFW) organization that is a nonprofit corporation and registered 594
with the Mississippi Secretary of State; 595
b. Used by such organization for its 596
headquarters and other organization related purposes; and 597
c. Located outside of a municipality in 598
a county that has not voted to come out from under the dry law; 599
53. The following within a municipality in 600
which U.S. Highway 49 and U.S. 61 Highway intersect and through 601
which flows the Sunflower River: 602
a. An area bounded as follows: Starting 603
at the southern point of the intersection of Sunflower Avenue and 604
1st Street and going south along said avenue on its eastern side 605
to 8th Street, then going east along said street on its northern 606
side to West Tallahatchie Street, then going north along said 607
street on its western side to 4th Street/Martin Luther King 608
Boulevard, then going east along said street/boulevard on its 609
northern side to Desoto Avenue, then going north along said avenue 610
on its western side to 1st Street, then going west along said 611
street on its southern side to the point of beginning along the 612
southern side of Court Street; 613
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 26 (BS\KP)

b. Lots located at or near the 614
intersection of Madison Avenue, Walnut Street, and Riverside 615
Avenue that are in a commercial zone; and 616
c. Any facility located on the west side 617
of Sunflower Avenue to the Sunflower River between the southern 618
side of 6th Street and the northern side of 8th Street and which 619
is operated as and/or was operated as a hotel or lodging facility, 620
in consideration of payment, regardless of whether the facility 621
meets the criteria for the definition of the term "hotel" in 622
paragraph (l) of this section; and 623
d. Any facility located on the west side 624
of Sunflower Avenue to the Sunflower River between the southern 625
side of 3rd Street and the northern side of 4th Street/Martin 626
Luther King Boulevard and which is operated as and/or was operated 627
as a musical venue, in consideration of payment; 628
54. Any municipality in which Mississippi 629
Highway 340 meets Mississippi Highway 15; 630
55. Any municipality in which Mississippi 631
Highway 540 and Mississippi Highway 149 intersect; 632
56. Any municipality in which Mississippi 633
Highway 15 and Mississippi Highway 345/Main Street intersect; 634
57. The property and structures thereon at 635
the following locations within a municipality through which run 636
U.S. Highway 45 and Mississippi Highway 145 and in which 637
Mississippi Highway 370 and Mississippi Highway 145 intersect: 638
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 27 (BS\KP)

104 West Main Street, 106 West Main Street, 108 West Main Street, 639
110 West Main Street and 112 West Main Street; 640
58. Any municipality in which U.S. Highway 11 641
and Main Street intersect and which is located in a county having 642
two (2) judicial districts; 643
59. Any municipality in which Interstate 22 644
passes over Mississippi Highway 9; 645
60. Any facility located on land more 646
particularly described as follows: 647
A certain parcel of land being situated in the Southeast 1/4 648
of the Northeast 1/4 of Section 9, T3N-R3E, Rankin County, 649
Mississippi, and being more particularly described as follows: 650
Commence at an existing 1/2" iron pin marking the Southwest 651
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 652
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 653
seconds East along the East line of the Southeast 1/4 of the 654
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 655
iron pin; leaving said East line of the Southeast 1/4 of the 656
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 657
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 658
thence North 00 degrees 22 minutes 19 seconds East for a distance 659
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 660
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 661
a set 1/2" iron pin marking the POINT OF BEGINNING of the parcel 662
of land herein described; from said POINT OF BEGINNING, continue 663
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 28 (BS\KP)

thence North 00 degrees 16 minutes 18 seconds East along an 664
existing fence for a distance of 493.27 feet to an existing 1/2" 665
iron pin; run thence North 03 degrees 08 minutes 15 seconds East 666
for a distance of 170.22 feet to an existing 1/2" iron pin on the 667
North line of the aforesaid Southeast 1/4 of the Northeast 1/4 of 668
Section 9; run thence North 89 degrees 46 minutes 45 seconds East 669
along said North line of the Southeast 1/4 of the Northeast 1/4 of 670
Section 9 for a distance of 1,305.51 feet to an existing 1/2" iron 671
pin marking Northeast corner thereof; leaving said North line of 672
the Southeast 1/4 of the Northeast 1/4 of Section 9, run thence 673
South 00 degrees 08 minutes 35 seconds West along the East line of 674
said Southeast 1/4 of the Northeast 1/4 of Section 9 for a 675
distance of 663.19 feet to a set 1/2" iron pin; leaving said East 676
line of the Southeast 1/4 of the Northeast 1/4 of Section 9, run 677
thence South 89 degrees 46 minutes 45 seconds West for a distance 678
of 1,315.51 feet to the POINT OF BEGINNING, containing 20.00 679
acres, more or less. 680
And Also: An easement for the purpose of ingress and egress 681
being situated in the Southeast 1/4 of the Northeast 1/4 and in 682
the Northeast 1/4 of the Southeast 1/4 of Section 9, T3N-R3E, 683
Rankin County, Mississippi, and being more particularly described 684
as follows: 685
Begin at an existing 1/2" iron pin marking the Southwest 686
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 687
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 688
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 29 (BS\KP)

seconds East along the East line of the Southeast 1/4 of the 689
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 690
iron pin; leaving said East line of the Southeast 1/4 of the 691
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 692
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 693
thence North 00 degrees 22 minutes 19 seconds East for a distance 694
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 695
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 696
a set 1/2" iron pin; run thence North 89 degrees 46 minutes 45 697
seconds East for a distance of 25.00 feet to a set 1/2" iron pin; 698
run thence South 00 degrees 16 minutes 18 seconds West for a 699
distance of 76.66 feet to a set 1/2" iron pin; run thence South 00 700
degrees 22 minutes 19 seconds West for a distance of 619.81 feet 701
to a set 1/2" iron pin; run thence South 89 degrees 43 minutes 01 702
seconds West for a distance of 26.81 feet to a set 1/2" iron pin; 703
run thence North 00 degrees 06 minutes 13 seconds East along the 704
West line of the aforesaid Northeast 1/4 of the Southeast 1/4 of 705
Section 9 for a distance of 25.00 feet to the POINT OF BEGINNING, 706
containing 17,525.4 square feet, more or less. 707
61. Any municipality bordered on the east by 708
the Pascagoula River and on the south by the Mississippi Sound; 709
62. The property and structures thereon 710
located at parcel numbers 4969 198 000; 4969 200 000; 4969 201 711
000; 4969 206 000; 4969 207 000; 4969 208 000; 4969 218 000; 4969 712
199; 4969 204 000 and 4969 204 001, all in Block 4 of the original 713
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 30 (BS\KP)

town square in any municipality with a population in excess of one 714
thousand five hundred (1,500) according to the latest federal 715
decennial census and which is located in: 716
a. A county traversed by Interstate 55 717
and Interstate 20, and 718
b. A judicial district that has not 719
voted to come out from under the dry law; 720
63. Any municipality in which Mississippi 721
Highway 12 meets Mississippi Highway 17; 722
64. Any municipality in which U.S. Highway 49 723
and Mississippi Highway 469 intersect; 724
65. The clubhouse and associated nine-hole 725
golf course and related facilities located on or near the eastern 726
corner of the point at which Golf Course Road meets Athens Road, 727
in a county in which Mississippi Highway 13 and Mississippi 728
Highway 28 intersect, with GPS coordinates of approximately 729
31.900370078041004, -89.7928067652611; 730
66. Any facility located at the 731
south-to-southwest corner of the intersection of Madison Street 732
and Bolton Brownsville Road, in a municipality in which Bolton 733
Brownsville Road passes over Interstate 20, with GPS coordinates 734
of approximately 32.349067271758955, -90.4596221146197; 735
67. Any facility located at the northwest 736
corner of the intersection of Depot Street and Madison Street, in 737
a municipality in which Bolton Brownsville Road passes over 738
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 31 (BS\KP)

Interstate 20, with GPS coordinates of approximately 739
32.34903152971068, -90.46047660172901; 740
68. Any facility located on Hinds Boulevard 741
approximately three-tenths (0.3) of a mile south of the point at 742
which Hinds Boulevard diverges from Clinton Road, in a 743
municipality whose northern boundary partially consists of Snake 744
Creek Road, and whose southern boundary partially consists of 745
Mississippi Highway 18, with GPS coordinates of approximately 746
32.26384517526713, -90.41586570183475; 747
69. Any facility located on Pleasant Grove 748
Drive approximately one and three-tenths (1.3) miles southeast of 749
its intersection with Harmony Drive, in a county through which run 750
Interstate 55 and U.S. Highway 84, with GPS coordinates of 751
approximately 31.512043770371907, -90.2506094382595; 752
70. Any facility located immediately north of 753
the intersection of two roads, both named Mason Clark Drive, 754
located between two-tenths (0.2) and three-tenths (0.3) of a mile 755
southwest of Mississippi Highway 57/63, with GPS coordinates of 756
approximately 31.135950529733048, -88.53068674585575; 757
71. Any facility located on Raj Road 758
approximately three-tenths (0.3) of a mile south of Mississippi 759
Highway 57/63, with GPS coordinates of approximately 760
31.139553708288418, -88.53411203512971; 761
72. Any facility located on Raj Road 762
approximately one-tenth (0.1) of a mile south of Mississippi 763
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 32 (BS\KP)

Highway 57/63, with GPS coordinates of approximately 764
31.14184097577295, -88.53287700849411; 765
73. Any municipality through which run U.S. 766
Highway 45 and Mississippi Highway 145 and in which Mississippi 767
Highway 370 and Mississippi Highway 145 intersect; however, this 768
designation as a qualified resort area shall only apply to the 769
portion of such municipality which is located in a county that has 770
not voted to come out from under the dry law; 771
74. A municipality through which runs a 772
portion of the Tanglefoot Trail and in which Mississippi Highway 773
32 and East Front Street intersect; 774
75. Lot Three (3) in Block One Hundred 775
Seventy-eight (178) of the D.H. McInnis First Survey, sometimes 776
referred to as D.H. McInnis Railroad Addition, to the City of 777
Hattiesburg, the said lot having a frontage of thirty (30) feet on 778
the Eastern side of Front Street and extending back between 779
parallel lines ninety (90) feet to an alley, and being located in 780
the Northwest Quarter of Section 10, Township 4 North, Range 13 781
West, Forrest County, Mississippi; 782
76. An area of land in George County of 783
approximately eight and five hundredths (8.05) acres, bordered on 784
the east and northeast by Brushy Creek, on the northwest by Brushy 785
Creek Road, on the west by Beaver Creek Road, and on the south by 786
a property boundary running east and west; 787
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 33 (BS\KP)

77. A municipality in which Mississippi 788
Highway 15 intersects with Webster Street, and in which Webster 789
Street splits into Mill Street and Maben Starkville Road; 790
78. A municipality in which Mississippi 791
Highway 492 meets Mississippi Highway 35; 792
79. A facility operating as an event venue 793
and located on Mississippi Highway 589, with GPS coordinates of 794
approximately 31.36730, -89.50548; 795
80. An area situated in the SW 1/4 of Section 796
12, T7N-R2E, Madison County, Mississippi, and commencing at the 797
point on the Ross Barnett Reservoir directly east of the 798
intersection of North Natchez Street and Louisiana Street, then go 799
west on Louisiana Street to the intersection of Louisiana Street 800
and Andrew Jackson Street, then west on Andrew Jackson Street to 801
the intersection of Andrew Jackson Street and Choctaw Street, then 802
north on Choctaw Street to the intersection of Choctaw Street and 803
Republic Street, then west on Republic Street to the intersection 804
of Republic Street and Port Street, then north on Port Street to 805
the Natchez Trace right-of-way, then east on the Natchez Trace 806
right-of-way to the Ross Barnett Reservoir, then following the 807
Ross Barnett Reservoir south back to the point of beginning; 808
81. Any facility located on land more 809
particularly described as follows: 810
Commencing at a fence corner at the Northeast corner of 811
Section 34, Township 6 South, Range 3 East, Union County, 812
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 34 (BS\KP)

Mississippi, for the point of beginning; thence run South 00 813
degrees 31 minutes 39 seconds East, along the Section line, a 814
distance of 161.83 feet to a one-half inch iron pin, thence North 815
88 degrees 20 minutes 48 seconds West, along a fence, a distance 816
of 1221.09 feet to a one-half iron pin, thence South 09 degrees 45 817
minutes 37 seconds West, along a fence, a distance of 61.49 feet 818
to a one-half inch iron pin, thence North 84 degrees l8 minutes 01 819
seconds West, along a fence, (passing through a one-half inch iron 820
pin at 196.83 feet) a distance of 234.62 feet to a mag-nail on the 821
centerline of Union County Road No. 137, thence North 11 degrees 822
00 minutes 29 seconds East a distance of 187.87 feet to a one-half 823
inch iron pin on the West edge of said road, thence North 29 824
degrees 41 minutes 28 seconds East a distance of 59.28 feet to a 825
point on the centerline of said road, thence South 89 degrees 13 826
minutes 02 seconds East (passing through a one-half inch iron pin 827
at 30.0 feet) along the South line of the Bernard Whiteside 828
property as recorded in Deed Book 117, Pages 517-518 and Deed Book 829
214, page 109, a distance of 646.07 feet to a concrete monument, 830
thence South 89 degrees 13 minutes 02 seconds East a distance of 831
751.31 feet to a one-half inch iron pin, thence South 00 degrees 832
31 minutes 39 seconds East, along the aforesaid Section line, a 833
distance of 52.93 feet to the point of beginning, said tract lying 834
in the Southeast Quarter of Section 27, and the Northeast Quarter 835
of Section 34, Township 6 South, Range 3 East and containing 6.99 836
acres. 837
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 35 (BS\KP)

Subject to a perpetual all purpose non-exclusive easement for 838
ingress, egress and public utilities together the right to enter 839
upon the above described property and do any and all work 840
necessary to build, repair and maintain a roadway or well or 841
install public utilities all over upon and across the following 842
described property: 843
A 25.0 foot easement for ingress and egress, being 12.5 feet 844
to the right and 12.5 feet to the left of the following described 845
centerline: Commencing at a fence corner at the Northeast corner 846
of Section 34, Township 6 South, Range 3 East, Union County, 847
Mississippi, thence run South 00 degrees 31 minutes 39 seconds 848
East, along the Section line, a distance of 149.33 feet to the 849
point of beginning; thence North 88 degrees 20 minutes 48 seconds 850
West a distance of 1231.46 feet to a point, thence South 09 851
degrees 45 minutes 37 seconds West a distance of 61.49 feet to a 852
point, thence North 84 degrees 18 minutes 01 seconds West a 853
distance of 221.82 feet to a point on the centerline of Union 854
County Road #137, said tract lying in the Northeast Quarter of 855
Section 34, Township 6 South, Range 3 East; 856
82. A country club located: 857
a. In a county in which Mississippi 858
Highway 15 and Mississippi Highway 16 intersect and which county 859
has not voted to come out from under the dry law, and 860
b. Outside the corporate limits of any 861
municipality in such county and within one (1) mile of the 862
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 36 (BS\KP)

corporate limits of a municipality that is the county seat of such 863
county; 864
83. Any facility located on North Jackson 865
Street in a municipality through which run Mississippi Highway 8 866
and Mississippi Highway 15, with GPS coordinates of approximately 867
33.913692, -89.005219; 868
84. Any facility located on North Jackson 869
Street in a municipality through which run Mississippi Highway 8 870
and Mississippi Highway 15, with GPS coordinates of approximately 871
33.905581, -89.00200; 872
85. Any facility located on land more 873
particularly described as follows: 874
Commencing at the Southeast corner of Section 4, Township 875
6 South, Range 18 West, Pearl River County, Mississippi; 876
thence West 1310.00 feet to a T-bar; thence North 745.84 feet; 877
thence East 132.00 feet to a 1" iron pipe; thence North 83.61 878
feet for the Point of Beginning; thence South 79 degrees 02 879
minutes 61 seconds West 248.28 feet; thence West 76.35 feet; 880
thence North 20 degrees 00 minutes 00 seconds West 185.54 881
feet; thence North 52 degrees 43 minutes 14 seconds East 365.98 882
feet to a 1" iron pipe on the West margin of Henry Smith Road, 883
a gravel/paved, public road; thence along said margin South 17 884
degrees 59 minutes 13 seconds East 299.09 feet; thence South 885
64.39 feet to the Point of Beginning. This parcel containing 886
2.19 acres and being a part of the East 1/2 of Section 4, 887
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 37 (BS\KP)

Township 6 South, Range 18 West, Pearl River County, 888
Mississippi. 889
INDEXING: BEING A PART OF THE EAST 1/2 OF SECTION 4, 890
TOWNSHIP 6 SOUTH, RANGE 18 WEST, PEARL RIVER COUNTY, 891
MISSISSIPPI; 892
86. Any facility located on land in a county 893
through which run Mississippi Highway 25 and U.S. Highway 82 and 894
more particularly described as follows: Beginning at a point with 895
GPS coordinates of approximately 33.331869, -88.715054; then 896
running in a straight line to a point with GPS coordinates of 897
approximately 33.336207, -88.713453; then running in a straight 898
line to a point with GPS coordinates of approximately 33.335369, 899
-88.709835; then running in a straight line to a point with GPS 900
coordinates of approximately 33.330870, -88.711496; then running 901
in a straight line to a point with GPS coordinates of 902
approximately 33.331869, -88.715054 and the point of the 903
beginning; 904
87. Any facility located on land that is 905
owned by a community college that is located in a county through 906
which run U.S. Highway 51 and Mississippi Highway 4; 907
88. Any facility located on Mississippi 908
Highway 23/178 in a municipality in which Mississippi Highway 909
23/178 and Stone Drive intersect, with GPS coordinates of 910
approximately 34.235269, -88.262409; 911
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 38 (BS\KP)

89. Any facility located on U.S. Highway 51 912
in a municipality through which run Interstate 55, U.S. Highway 51 913
and the Natchez Trace Parkway, with GPS coordinates of 914
approximately 32.42042°N, 90.13473°W; 915
90. Any facility located on Mullican Road in 916
a county through which run U.S. Highway 84 and Interstate 59, 917
with GPS coordinates of approximately 31.73395N, 89.18186W; 918
91. Any facility located on land in a county 919
through which run Mississippi Highway 25 and U.S. Highway 82 and 920
more particularly described as follows: Beginning at a point with 921
GPS coordinates of approximately 33.37391, -88.80645; then running 922
in a straight line to a point with GPS coordinates of 923
approximately 33.37391, -88.79972; then running in a straight line 924
to a point with GPS coordinates of approximately 33.36672, 925
-88.80644; then running in a straight line to a point with GPS 926
coordinates of approximately 33.36674, -88.79971; then running in 927
a straight line to a point with GPS coordinates of approximately 928
33.37391, -88.80645 and the point of the beginning; 929
92. Any facility located on land more 930
particularly described as follows: 931
All that part of the South half (S 1/2) of the SE 1/4 of NE 932
1/4 of Section 14, Township 4 North, Range 15 West, lying and 933
being West of State Highway No. 589, containing one (1) acre, more 934
or less. 935
LESS AND EXCEPT: 936
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 39 (BS\KP)

Begin at the point of intersection of the North line of the 937
South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 14, 938
Township 4 North, Range 15 West with the present Southwesterly 939
right-of-way line of Mississippi Highway No. 589, said point is 940
also the Northeast corner of grantor property; said point is 50.6 941
feet West of Station 7 + 59.27 on the centerline of survey of 942
Mississippi Highway No. 589 as shown on the plans for State 943
Project No. SP-0014-2(10); from said POINT OF BEGINNING run thence 944
South 08°57' East along said present Southwesterly right-of-way 945
line, a distance of 37.1 feet to a point that is perpendicular to 946
and 50 feet Southwesterly of Station 7 + 30 on the centerline of 947
survey of Mississippi Highway 589 as shown on the plans for said 948
project; run thence South 81°03' West, a distance of 35.7 feet to 949
the West line of the South 1/2 of the Southeast 1/4 of the 950
Northeast 1/4 of said Section 14 and the West line of grantors 951
property; run thence North along said West property line, a 952
distance of 42.2 feet to the Northwest corner of the South 1/2 of 953
the Southeast 1/4 of the Northeast 1/4 of said Section 14 and the 954
Northwest corner of grantors property; run thence East along 955
grantors North property line, a distance of 29.5 feet to the POINT 956
OF BEGINNING containing 0.03 acres, more or less, and all being 957
situated in and a part of the South 1/2 of the Southeast 1/4 of 958
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 959
Lamar County, Mississippi. 960
LESS AND EXCEPT: 961
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 40 (BS\KP)

A part of the South one-half of the Southeast 1/4 of 962
Northeast 1/4, Northerly of a certain fence and West of 963
Mississippi State Highway 589, in Section 14, Township 4 North, 964
Range 15 West, Lamar County, Mississippi and more particularly 965
described as commencing at a pine (lighter) stake being used as 966
the Southwest corner of the Northeast 1/4 of Southeast 1/4 of the 967
above said Section 14, thence North and along the West line of the 968
East 1/4 of the above said Section 14 1638.8 feet to the POINT OF 969
BEGINNING. Thence continue North and along the West line of the 970
East 1/4 of the above said Section 14, 278.5 feet to the Southerly 971
line of the property Bobby G. Aultman and Marilyn S. Aultman 972
previously sold to the Mississippi State Highway Department; 973
thence North 81°03' East and along the above said Southerly 974
property line for 35.7 feet more or less to the Westerly 975
right-of-way line of Mississippi State Highway 589; thence 976
Southeasterly and along the above said Westerly right-of-way line 977
232.7 feet to a concrete right-of-way marker; thence South 51°39' 978
West and along the Northerly line of a wooden fence 88 feet to the 979
POINT OF BEGINNING. 980
AND ALSO: 981
A parcel of land in a part of the Southeast 1/4 of Northwest 982
1/4 and a part of the Southwest 1/4, Section 14, Township 4 North, 983
Range 15 West, Lamar County, Mississippi, and more particularly 984
described as beginning at a point where the Southerly right-of-way 985
line of U.S. Highway 98 intersects the West line of the above said 986
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 41 (BS\KP)

Southeast 1/4 of Northwest 1/4; thence North 67°34' East and along 987
the Southerly right-of-way line of said highway 208.75 feet; 988
thence South 208.75 feet; thence South 67°34' West 208.75 feet; 989
thence South 141.3 feet; thence North 89°07'30" West 388.9 feet to 990
the centerline of Parkers Creek; thence Northerly and along the 991
centerline of said creek for the next three (3) calls: North 992
35°53' East 115.6 feet; North 25°05' East 68.5 feet; North 993
09°51'30" West 64.3 feet to the Southerly right-of-way line of 994
U.S. Highway 98; thence North 67°34' East and along the Southerly 995
right-of-way line of said highway 327.85 feet to the POINT OF 996
BEGINNING. The above described area contains 3.02 acres. 997
AND ALSO: 998
Commencing at the Southwest corner of the Southwest 1/4 of 999
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 1000
Lamar County, Mississippi, run South 88°05'27" East 310.00 feet, 1001
thence South 0°53'16" West 60.50 feet to a point on a fence line, 1002
thence run along fence line South 88°05'27" East 718.93 feet to 1003
the POINT OF BEGINNING, thence North 08°48'10" West 714.67 feet to 1004
a point on the South right-of-way line of Highway No. 98, thence 1005
along said right-of-way along a curve to the right with a delta 1006
angle of 02°04'26" having a radius of 5603.58 feet and an arc 1007
length of 202.84 feet, with a chord bearing a distance of North 1008
71°53'47" East 202.83 feet to a Concrete Highway right-of-way 1009
marker, thence South 20°09'13" East 328.13 feet, thence South 1010
69°00'47" East 117.68 feet, thence South 0°58'19" West 429.12 feet 1011
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 42 (BS\KP)

to a Point on Possession Line fence, thence along said fence North 1012
88°05'27" West 299.23 feet back to the POINT OF BEGINNING, 1013
containing 5.0885 acres, more or less and being situated in the SW 1014
1/4 of the NE 1/4 and the NW 1/4 of the SE l/4 of said Section 14, 1015
together with all improvements and appurtenances thereunto 1016
belonging. 1017
AND ALSO: 1018
PARCEL NUMBER ONE: That part of the Northwest Quarter of the 1019
Southwest Quarter (Northwest 1/4 of the Southwest 1/4) of Section 1020
14, Township 4 North, Range 15 West, of Lamar County, Mississippi, 1021
being located and situated East of the center thread of Mill Creek 1022
as the same presently runs through and bisects said 40-acre tract, 1023
and comprising 10.9 acres, more or less, and all being part of the 1024
Northwest Quarter of the Southwest Quarter (Northwest 1/4 of the 1025
Southwest 1/4) of said Section, Township and Range, Lamar County, 1026
Mississippi. 1027
AND ALSO: 1028
PARCEL NUMBER TWO: A part of the Southeast Quarter of the 1029
Northwest Quarter (Southeast 1/4 of the Northwest 1/4) and part of 1030
the Northeast Quarter of the Southwest (Northeast 1/4 of the 1031
Southwest 1/4) all in Section 14, Township 4 North, Range 15 West, 1032
Lamar County, Mississippi, being more particularly described as 1033
follows, to wit: 1034
Beginning at a point where the South margin of State Highway 1035
98 intersects the West margin of the Southeast 1/4 of the 1036
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 43 (BS\KP)

Northwest 1/4 of Section 14, Township 4 North, Range 15 West, and 1037
run Easterly along the South margin of said highway right-of-way 1038
208.75 feet; thence South 208.75 feet; thence Westerly parallel 1039
with the South margin of said highway right-of-way 208.75 feet to 1040
the West forty line; thence North 208.75 feet to the POINT OF 1041
BEGINNING, containing 1 acre, more or less. 1042
LESS AND EXCEPT: 1043
Begin at the point of intersection of an Easterly line of 1044
grantors property with the present Southerly right-of-way line of 1045
U.S. Highway 98 as shown on the plans for State Project No. 1046
97-0014-02-044-10; from said POINT OF BEGINNING run thence South 1047
02°56' West along said Easterly property line, a distance of 127.6 1048
feet; thence run South 69°11' West, a distance of 52.9 feet; 1049
thence run South 67°13' West, a distance of 492.7 feet to the 1050
Westerly line of grantors property and the center of a creek; 1051
thence run Northerly along said Westerly property line and said 1052
center of creek, a distance of 122.8 feet to said present 1053
Southerly right-of-way line; thence run North 67°13' East along 1054
said present Southerly right-of-way line, a distance of 553.4 feet 1055
to the POINT OF BEGINNING, containing 1.43 acres, more or less, 1056
and being situated in and a part of the North 1/2 of the Southwest 1057
1/4 of Section 14, Township 4 North, Range 15 West, Lamar County, 1058
Mississippi. 1059
LESS AND EXCEPT: 1060
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 44 (BS\KP)

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 4 1061
NORTH, RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI, PROCEED EAST 1062
2136.60 FEET; THENCE NORTH 2508.67 FEET TO AN IRON PIN AND THE 1063
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 1064
FROM THE DESCRIBED POINT OF BEGINNING, PROCEED NORTH 1065
11°19'49" EAST 217.55 FEET TO AN IRON PIN; THENCE NORTH 40°11'01" 1066
EAST 118.28 FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 1067
179.15 FEET TO AN IRON PIN ON THE SOUTHERN BOUNDARY OF U.S. 1068
HIGHWAY 98; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY BOUNDARY OF 1069
SAID HIGHWAY AS FOLLOWS: SOUTH 67°35'21" WEST 699.55 FEET TO AN 1070
IRON PIN; THENCE SOUTH 69°16'57" WEST 67.67 FEET TO A CONCRETE 1071
RIGHT-OF-WAY MARKER; THENCE SOUTH 67°35'21" WEST 310.34 FEET TO AN 1072
IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 01°25'53" WEST 1073
667.21 FEET TO AN IRON PIN; THENCE NORTH 67°35'21" EAST 491.91 1074
FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 193.77 FEET TO AN 1075
IRON PIN; THENCE NORTH 67°35'21" EAST 629.48 FEET BACK TO THE 1076
POINT OF BEGINNING. 1077
SAID PARCEL CONTAINS 12.39 ACRES AND IS LOCATED PART IN THE 1078
SE 1/4 OF THE NW 1/4, PART IN THE NE 1/4 OF THE SW 1/4, AND PART 1079
IN THE NW 1/4 OF THE SW 1/4, ALL IN SECTION 14, TOWNSHIP 4 NORTH, 1080
RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI; 1081
93. The clubhouse and associated golf course, 1082
tennis courts, swimming pools and related facilities located at 1083
333 Fairway Drive, Pontotoc, Mississippi; 1084
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 45 (BS\KP)

94. Any facility located on land more 1085
particularly described as follows: 1086
A 4.16 acre parcel being situated in the SE 1/4 of SE 1/4 of 1087
Section 31, T3N-R1E, Rankin County, Mississippi, and being more 1088
particularly described as follows: 1089
Commencing at the SE corner of said Section 31, run thence 1090
WEST - 643.33 feet to a point on the mean high water line of the 1091
Pearl River; thence North 10 degrees 50 minutes 51 seconds West - 1092
444.38 feet along said mean high water line; thence North 11 1093
degrees 58 minutes 08 seconds West - 58.90 feet along said mean 1094
high water line to the POINT OF BEGINNING: run thence North 11 1095
degrees 58 minutes 08 seconds West - 326.63 feet along said mean 1096
high water line; thence North 19 degrees 52 minutes 24 seconds 1097
West - 74.80 feet along said mean high water line; thence North 78 1098
degrees 01 minutes 52 seconds East - 464.81 feet; thence South 07 1099
degrees 25 minutes 10 seconds East - 39.75 feet; thence South 11 1100
degrees 58 minutes 08 seconds East - 361.10 feet; thence South 78 1101
degrees 01 minutes 52 seconds West - 451.31 feet to the POINT OF 1102
BEGINNING. 1103
TOGETHER WITH a 30 foot wide access easement being situated 1104
in the SE 1/4 of Section 31, T3N, R1E, Rankin County, Mississippi; 1105
being 15 feet either side of a centerline and being more 1106
particularly described as follows: 1107
Commencing at the SE corner of said Section, run thence North 1108
- 380.22 feet to a point on the northerly right-of-way of Moncure 1109
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 46 (BS\KP)

Road; thence North 86 degrees 39 minutes 56 seconds West - 257.25 1110
feet along said road to the POINT OF BEGINNING; run thence North 1111
11 degrees 58 minutes 08 seconds West - 557.86 feet to the POINT 1112
OF TERMINUS; 1113
95. Any municipality in which Mississippi 1114
Highway 26 and U.S. Highway 11 intersect and a public community 1115
college is located; 1116
96. Any municipality in which Mississippi 1117
Highway 15 meets U.S. Highway 82; 1118
97. Any facility and/or venue and related 1119
property at 305 South Monroe Street, Houston, Mississippi. 1120
The status of these municipalities, districts, clubhouses, 1121
facilities, golf courses and areas described in this paragraph 1122
(o)(iii) as qualified resort areas does not require any 1123
declaration of same by the department. 1124
The governing authorities of a municipality or county 1125
described, in whole or in part, in item 6, 21, 24, 25, 26, 27, 28, 1126
29, 30, 31, 34, 35, 36, 37, 38, 39, 46, 48, 51, 53, 54, 55, 56, 1127
58, 59, 61, 63, 64, 66, 67, 68, 73, 74, 83, 84, 93, 94, 95, 96, or 1128
97 of this paragraph (o)(iii) may by ordinance, with respect to 1129
the qualified resort area described in the same item: specify the 1130
hours of operation of facilities offering alcoholic beverages for 1131
sale; specify the percentage of revenue that facilities offering 1132
alcoholic beverages for sale must derive from the preparation, 1133
cooking and serving of meals and not from the sale of beverages; 1134
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 47 (BS\KP)

and designate the areas in which facilities offering alcoholic 1135
beverages for sale may be located. 1136
(p) "Native wine" means any product, produced in 1137
Mississippi for sale, having an alcohol content not to exceed 1138
twenty-one percent (21%) by weight and made in accordance with 1139
revenue laws of the United States, which shall be obtained 1140
primarily from the alcoholic fermentation of the juice of ripe 1141
grapes, fruits, berries, honey or vegetables grown and produced in 1142
Mississippi; provided that bulk, concentrated or fortified wines 1143
used for blending may be produced without this state and used in 1144
producing native wines. The department shall adopt and promulgate 1145
rules and regulations to permit a producer to import such bulk 1146
and/or fortified wines into this state for use in blending with 1147
native wines without payment of any excise tax that would 1148
otherwise accrue thereon. 1149
(q) "Native winery" means any place or establishment 1150
within the State of Mississippi where native wine is produced, in 1151
whole or in part, for sale. 1152
(r) "Bed and breakfast inn" means an establishment 1153
within a municipality where in consideration of payment, breakfast 1154
and lodging are habitually furnished to travelers and wherein are 1155
located not less than eight (8) and not more than nineteen (19) 1156
adequately furnished and completely separate sleeping rooms with 1157
adequate facilities, that persons usually apply for and receive as 1158
overnight accommodations; however, such restriction on the minimum 1159
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 48 (BS\KP)

number of sleeping rooms shall not apply to establishments on the 1160
National Register of Historic Places. No place shall qualify as a 1161
bed and breakfast inn under this article unless on the date of the 1162
initial application for a license under this article more than 1163
fifty percent (50%) of the sleeping rooms are located in a 1164
structure formerly used as a residence. 1165
(s) "Board" shall refer to the Board of Tax Appeals of 1166
the State of Mississippi. 1167
(t) "Spa facility" means an establishment within a 1168
municipality or qualified resort area and owned by a hotel where, 1169
in consideration of payment, patrons receive from licensed 1170
professionals a variety of private personal care treatments such 1171
as massages, facials, waxes, exfoliation and hairstyling. 1172
(u) "Art studio or gallery" means an establishment 1173
within a municipality or qualified resort area that is in the sole 1174
business of allowing patrons to view and/or purchase paintings and 1175
other creative artwork. 1176
(v) "Cooking school" means an establishment within a 1177
municipality or qualified resort area and owned by a nationally 1178
recognized company that offers an established culinary education 1179
curriculum and program where, in consideration of payment, patrons 1180
are given scheduled professional group instruction on culinary 1181
techniques. For purposes of this paragraph, the definition of 1182
cooking school shall not include schools or classes offered by 1183
grocery stores, convenience stores or drugstores. 1184
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 49 (BS\KP)

(w) "Campus" means property owned by a public school 1185
district, community or junior college, college or university in 1186
this state where educational courses are taught, school functions 1187
are held, tests and examinations are administered or academic 1188
course credits are awarded; however, the term shall not include 1189
any "restaurant" or "hotel" that is located on property owned by a 1190
community or junior college, college or university in this state, 1191
and is operated by a third party who receives all revenue 1192
generated from food and alcoholic beverage sales. 1193
(x) "Native spirit" shall mean any beverage, produced 1194
in Mississippi for sale, manufactured primarily by the 1195
distillation of fermented grain, starch, molasses or sugar 1196
produced in Mississippi, including dilutions and mixtures of these 1197
beverages. In order to be classified as "native spirit" under the 1198
provisions of this article, at least fifty-one percent (51%) of 1199
the finished product by volume shall have been obtained from 1200
distillation of fermented grain, starch, molasses or sugar grown 1201
and produced in Mississippi. 1202
(y) "Native distillery" shall mean any place or 1203
establishment within this state where native spirit is produced in 1204
whole or in part for sale. 1205
(z) "Warehouse operator" shall have the meaning 1206
ascribed in Section 67-1-201. 1207
(aa) "Craft spirit" shall mean any alcoholic beverage 1208
produced, in whole or in part, in Mississippi by a distillery 1209
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 50 (BS\KP)

created under the laws of Mississippi at a location within 1210
Mississippi. 1211
(bb) "Craft distillery" shall mean any place or 1212
establishment within this state where craft spirit is produced in 1213
whole or in part. 1214
(cc) "Grocery store" means a physical establishment 1215
whose enclosed premises is at least twelve thousand (12,000) 1216
square feet and has an inventory of human-consumable items and is 1217
located in a wet county, municipality, judicial district or area. 1218
SECTION 2. Section 67-1-51, Mississippi Code of 1972, is 1219
amended as follows: 1220
67-1-51. (1) Permits which may be issued by the department 1221
shall be as follows: 1222
(a) Manufacturer's permit. A manufacturer's permit 1223
shall permit the manufacture, importation in bulk, bottling and 1224
storage of alcoholic liquor and its distribution and sale to 1225
manufacturers holding permits under this article in this state and 1226
to persons outside the state who are authorized by law to purchase 1227
the same, and to sell as provided by this article. 1228
Manufacturer's permits shall be of the following classes: 1229
Class 1. Distiller's and/or rectifier's permit, which shall 1230
authorize the holder thereof to operate a distillery for the 1231
production of distilled spirits by distillation or redistillation 1232
and/or to operate a rectifying plant for the purifying, refining, 1233
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 51 (BS\KP)

mixing, blending, flavoring or reducing in proof of distilled 1234
spirits and alcohol. 1235
Class 2. Wine manufacturer's permit, which shall authorize 1236
the holder thereof to manufacture, import in bulk, bottle and 1237
store wine or vinous liquor. 1238
Class 3. Native wine producer's permit, which shall 1239
authorize the holder thereof to produce, bottle, store and sell 1240
native wines. 1241
Class 4. Native spirit producer's permit, which shall 1242
authorize the holder thereof to produce, bottle, store and sell 1243
native spirits. 1244
Class 5. Craft spirit producer's permit, which shall 1245
authorize the holder thereof to perform any act or thing in the 1246
process of making craft spirit, including the manufacture, 1247
importation, bottling, and storage of alcoholic liquor and its 1248
sale. 1249
(b) Package retailer's permit. Except as otherwise 1250
provided in this paragraph and Section 67-1-52, a package 1251
retailer's permit shall authorize the holder thereof to operate a 1252
store exclusively for the sale at retail in original sealed and 1253
unopened packages of alcoholic beverages, including native wines, 1254
native spirits, craft spirits, and edibles, not to be consumed on 1255
the premises where sold. Alcoholic beverages shall not be sold by 1256
any retailer in any package or container containing less than 1257
fifty (50) milliliters by liquid measure. A package retailer's 1258
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 52 (BS\KP)

permit, with prior approval from the department, shall authorize 1259
the holder thereof to sample new product furnished by a 1260
manufacturer's representative or his employees at the permitted 1261
place of business so long as the sampling otherwise complies with 1262
this article and applicable department regulations. Such samples 1263
may not be provided to customers at the permitted place of 1264
business. In addition to the sale at retail of packages of 1265
alcoholic beverages, the holder of a package retailer's permit is 1266
authorized to sell at retail * * * other products and merchandise, 1267
except beer, provided that at least fifty percent (50%) of the 1268
revenue of the licensed premises is derived from the retail sale 1269
in original sealed and unopened packages of alcoholic beverages, 1270
including native wines, not to be consumed on the premises where 1271
sold. Nonalcoholic beverages sold by the holder of a package 1272
retailer's permit shall not be consumed on the premises where 1273
sold. 1274
(c) On-premises retailer's permit. Except as otherwise 1275
provided in subsection (5) of this section, an on-premises 1276
retailer's permit shall authorize the sale of alcoholic beverages, 1277
including native wines, native spirits, and craft spirits, for 1278
consumption on the licensed premises only; however, a patron of 1279
the permit holder may remove one (1) bottle of wine from the 1280
licensed premises if: (i) the patron consumed a portion of the 1281
bottle of wine in the course of consuming a meal purchased on the 1282
licensed premises; (ii) the permit holder securely reseals the 1283
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 53 (BS\KP)

bottle; (iii) the bottle is placed in a bag that is secured in a 1284
manner so that it will be visibly apparent if the bag is opened; 1285
and (iv) a dated receipt for the wine and the meal is available. 1286
Additionally, as part of a carryout order, a permit holder may 1287
sell one (1) bottle of wine to be removed from the licensed 1288
premises for every two (2) entrees ordered. In addition, an 1289
on-premises retailer's permittee at a permitted premises located 1290
on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 1291
Highway 90 may serve alcoholic beverages by the glass to a patron 1292
in a vehicle using a drive-through method of delivery if the 1293
permitted premises is located in a leisure and recreation district 1294
established under Section 67-1-101. Such a sale will be 1295
considered to be made on the permitted premises. An on-premises 1296
retailer's permit shall be issued only to qualified hotels, 1297
restaurants and clubs, small craft breweries, microbreweries, and 1298
to common carriers with adequate facilities for serving 1299
passengers. In resort areas, however, whether inside or outside 1300
of a municipality, the department, in its discretion, may issue 1301
on-premises retailer's permits to any establishments located 1302
therein as it deems proper. An on-premises retailer's permit when 1303
issued to a common carrier shall authorize the sale and serving of 1304
alcoholic beverages aboard any licensed vehicle while moving 1305
through any county of the state; however, the sale of such 1306
alcoholic beverages shall not be permitted while such vehicle is 1307
stopped in a county that has not legalized such sales. If an 1308
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 54 (BS\KP)

on-premises retailer's permit is applied for by a common carrier 1309
operating solely in the water, such common carrier must, along 1310
with all other qualifications for a permit, (i) be certified to 1311
carry at least one hundred fifty (150) passengers and/or provide 1312
overnight accommodations for at least fifty (50) passengers and 1313
(ii) operate primarily in the waters within the State of 1314
Mississippi which lie adjacent to the State of Mississippi south 1315
of the three (3) most southern counties in the State of 1316
Mississippi and/or on the Mississippi River or navigable waters 1317
within any county bordering on the Mississippi River. 1318
(d) Solicitor's permit. A solicitor's permit shall 1319
authorize the holder thereof to act as salesman for a manufacturer 1320
or wholesaler holding a proper permit, to solicit on behalf of his 1321
employer orders for alcoholic beverages, and to otherwise promote 1322
his employer's products in a legitimate manner. Such a permit 1323
shall authorize the representation of and employment by one (1) 1324
principal only. However, the permittee may also, in the 1325
discretion of the department, be issued additional permits to 1326
represent other principals. No such permittee shall buy or sell 1327
alcoholic beverages for his own account, and no such beverage 1328
shall be brought into this state in pursuance of the exercise of 1329
such permit otherwise than through a permit issued to a wholesaler 1330
or manufacturer in the state. 1331
(e) Native wine retailer's permit. Except as otherwise 1332
provided in subsection (5) of this section, a native wine 1333
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 55 (BS\KP)

retailer's permit shall be issued only to a holder of a Class 3 1334
manufacturer's permit, and shall authorize the holder thereof to 1335
make retail sales of native wines to consumers for on-premises 1336
consumption or to consumers in originally sealed and unopened 1337
containers at an establishment located on the premises of or in 1338
the immediate vicinity of a native winery. When selling to 1339
consumers for on-premises consumption, a holder of a native wine 1340
retailer's permit may add to the native wine alcoholic beverages 1341
not produced on the premises, so long as the total volume of 1342
foreign beverage components does not exceed twenty percent (20%) 1343
of the mixed beverage. Hours of sale shall be the same as those 1344
authorized for on-premises permittees in the city or county in 1345
which the native wine retailer is located. 1346
(f) Temporary retailer's permit. Except as otherwise 1347
provided in subsection (5) of this section, a temporary retailer's 1348
permit shall permit the purchase and resale of alcoholic 1349
beverages, including native wines and native spirits, during legal 1350
hours on the premises described in the temporary permit only. 1351
Temporary retailer's permits shall be of the following 1352
classes: 1353
Class 1. A temporary one-day permit may be issued to bona 1354
fide nonprofit civic or charitable organizations authorizing the 1355
sale of alcoholic beverages, including native wine, native 1356
spirits, and craft spirits, for consumption on the premises 1357
described in the temporary permit only. Class 1 permits may be 1358
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 56 (BS\KP)

issued only to applicants demonstrating to the department, by a 1359
statement signed under penalty of perjury submitted ten (10) days 1360
prior to the proposed date or such other time as the department 1361
may determine, that they meet the qualifications of Sections 1362
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 1363
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 1364
alcoholic beverages from package retailers located in the county 1365
in which the temporary permit is issued. Alcoholic beverages 1366
remaining in stock upon expiration of the temporary permit may be 1367
returned by the permittee to the package retailer for a refund of 1368
the purchase price upon consent of the package retailer or may be 1369
kept by the permittee exclusively for personal use and 1370
consumption, subject to all laws pertaining to the illegal sale 1371
and possession of alcoholic beverages. The department, following 1372
review of the statement provided by the applicant and the 1373
requirements of the applicable statutes and regulations, may issue 1374
the permit. 1375
Class 2. A temporary permit, not to exceed seventy (70) 1376
days, may be issued to prospective permittees seeking to transfer 1377
a permit authorized in paragraph (b) or (c) of this subsection. A 1378
Class 2 permit may be issued only to applicants demonstrating to 1379
the department, by a statement signed under the penalty of 1380
perjury, that they meet the qualifications of Sections 67-1-5(l), 1381
(m), (n), (o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 1382
67-1-57 and 67-1-59. The department, following a preliminary 1383
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 57 (BS\KP)

review of the statement provided by the applicant and the 1384
requirements of the applicable statutes and regulations, may issue 1385
the permit. 1386
Class 2 temporary permittees must purchase their alcoholic 1387
beverages directly from the department or, with approval of the 1388
department, purchase the remaining stock of the previous 1389
permittee. If the proposed applicant of a Class 1 or Class 2 1390
temporary permit falsifies information contained in the 1391
application or statement, the applicant shall never again be 1392
eligible for a retail alcohol beverage permit and shall be subject 1393
to prosecution for perjury. 1394
Class 3. A temporary one-day permit may be issued to a 1395
retail establishment authorizing the complimentary distribution of 1396
wine, including native wine, to patrons of the retail 1397
establishment at an open house or promotional event, for 1398
consumption only on the premises described in the temporary 1399
permit. A Class 3 permit may be issued only to an applicant 1400
demonstrating to the department, by a statement signed under 1401
penalty of perjury submitted ten (10) days before the proposed 1402
date or such other time as the department may determine, that it 1403
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 1404
and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 1405
A Class 3 permit holder shall obtain all alcoholic beverages from 1406
the holder(s) of a package retailer's permit located in the county 1407
in which the temporary permit is issued. Wine remaining in stock 1408
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 58 (BS\KP)

upon expiration of the temporary permit may be returned by the 1409
Class 3 temporary permit holder to the package retailer for a 1410
refund of the purchase price, with consent of the package 1411
retailer, or may be kept by the Class 3 temporary permit holder 1412
exclusively for personal use and consumption, subject to all laws 1413
pertaining to the illegal sale and possession of alcoholic 1414
beverages. The department, following review of the statement 1415
provided by the applicant and the requirements of the applicable 1416
statutes and regulations, may issue the permit. No retailer may 1417
receive more than twelve (12) Class 3 temporary permits in a 1418
calendar year. A Class 3 temporary permit shall not be issued to 1419
a retail establishment that either holds a merchant permit issued 1420
under paragraph (l) of this subsection, or holds a permit issued 1421
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 1422
the holder to engage in the business of a retailer of light wine 1423
or beer. 1424
(g) Caterer's permit. A caterer's permit shall permit 1425
the purchase of alcoholic beverages by a person engaging in 1426
business as a caterer and the resale of alcoholic beverages by 1427
such person in conjunction with such catering business. No person 1428
shall qualify as a caterer unless forty percent (40%) or more of 1429
the revenue derived from such catering business shall be from the 1430
serving of prepared food and not from the sale of alcoholic 1431
beverages and unless such person has obtained a permit for such 1432
business from the Department of Health. A caterer's permit shall 1433
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 59 (BS\KP)

not authorize the sale of alcoholic beverages on the premises of 1434
the person engaging in business as a caterer; however, the holder 1435
of an on-premises retailer's permit may hold a caterer's permit. 1436
When the holder of an on-premises retailer's permit or an 1437
affiliated entity of the holder also holds a caterer's permit, the 1438
caterer's permit shall not authorize the service of alcoholic 1439
beverages on a consistent, recurring basis at a separate, fixed 1440
location owned or operated by the caterer, on-premises retailer or 1441
affiliated entity and an on-premises retailer's permit shall be 1442
required for the separate location. All sales of alcoholic 1443
beverages by holders of a caterer's permit shall be made at the 1444
location being catered by the caterer, and, except as otherwise 1445
provided in subsection (5) of this section, such sales may be made 1446
only for consumption at the catered location. The location being 1447
catered may be anywhere within a county or judicial district that 1448
has voted to come out from under the dry laws or in which the sale 1449
and distribution of alcoholic beverages is otherwise authorized by 1450
law. Such sales shall be made pursuant to any other conditions 1451
and restrictions which apply to sales made by on-premises retail 1452
permittees. The holder of a caterer's permit or his employees 1453
shall remain at the catered location as long as alcoholic 1454
beverages are being sold pursuant to the permit issued under this 1455
paragraph (g), and the permittee shall have at the location the 1456
identification card issued by the division. No unsold alcoholic 1457
beverages may be left at the catered location by the permittee 1458
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 60 (BS\KP)

upon the conclusion of his business at that location. Appropriate 1459
law enforcement officers and division personnel may enter a 1460
catered location on private property in order to enforce laws 1461
governing the sale or serving of alcoholic beverages. 1462
(h) Research permit. A research permit shall authorize 1463
the holder thereof to operate a research facility for the 1464
professional research of alcoholic beverages. Such permit shall 1465
authorize the holder of the permit to import and purchase limited 1466
amounts of alcoholic beverages from the department or from 1467
importers, wineries and distillers of alcoholic beverages for 1468
professional research. 1469
(i) Alcohol processing permit. An alcohol processing 1470
permit shall authorize the holder thereof to purchase, transport 1471
and possess alcoholic beverages for the exclusive use in cooking, 1472
processing or manufacturing products which contain alcoholic 1473
beverages as an integral ingredient. An alcohol processing permit 1474
shall not authorize the sale of alcoholic beverages on the 1475
premises of the person engaging in the business of cooking, 1476
processing or manufacturing products which contain alcoholic 1477
beverages. The amounts of alcoholic beverages allowed under an 1478
alcohol processing permit shall be set by the department. 1479
(j) Hospitality cart permit. A hospitality cart permit 1480
shall authorize the sale of alcoholic beverages from a mobile cart 1481
on a golf course that is the holder of an on-premises retailer's 1482
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 61 (BS\KP)

permit. The alcoholic beverages sold from the cart must be 1483
consumed within the boundaries of the golf course. 1484
(k) Special service permit. A special service permit 1485
shall authorize the holder to sell commercially sealed alcoholic 1486
beverages to the operator of a commercial or private aircraft for 1487
en route consumption only by passengers. A special service permit 1488
shall be issued only to a fixed-base operator who contracts with 1489
an airport facility to provide fueling and other associated 1490
services to commercial and private aircraft. 1491
(l) Merchant permit. Except as otherwise provided in 1492
subsection (5) of this section, a merchant permit shall be issued 1493
only to the owner of a spa facility, an art studio or gallery, or 1494
a cooking school, and shall authorize the holder to serve 1495
complimentary by the glass wine only, including native wine, at 1496
the holder's spa facility, art studio or gallery, or cooking 1497
school. A merchant permit holder shall obtain all wine from the 1498
holder of a package retailer's permit. 1499
(m) Temporary alcoholic beverages charitable auction 1500
permit. A temporary permit, not to exceed five (5) days, may be 1501
issued to a qualifying charitable nonprofit organization that is 1502
exempt from taxation under Section 501(c)(3) or (4) of the 1503
Internal Revenue Code of 1986. The permit shall authorize the 1504
holder to sell alcoholic beverages for the limited purpose of 1505
raising funds for the organization during a live or silent auction 1506
that is conducted by the organization and that meets the following 1507
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 62 (BS\KP)

requirements: (i) the auction is conducted in an area of the 1508
state where the sale of alcoholic beverages is authorized; (ii) if 1509
the auction is conducted on the premises of an on-premises 1510
retailer's permit holder, then the alcoholic beverages to be 1511
auctioned must be stored separately from the alcoholic beverages 1512
sold, stored or served on the premises, must be removed from the 1513
premises immediately following the auction, and may not be 1514
consumed on the premises; (iii) the permit holder may not conduct 1515
more than two (2) auctions during a calendar year; (iv) the permit 1516
holder may not pay a commission or promotional fee to any person 1517
to arrange or conduct the auction. 1518
(n) Event venue retailer's permit. An event venue 1519
retailer's permit shall authorize the holder thereof to purchase 1520
and resell alcoholic beverages, including native wines, native 1521
spirits, and craft spirits, for consumption on the premises during 1522
legal hours during events held on the licensed premises if food is 1523
being served at the event by a caterer who is not affiliated with 1524
or related to the permittee. The caterer must serve at least 1525
three (3) entrees. The permit may only be issued for venues that 1526
can accommodate two hundred (200) persons or more. The number of 1527
persons a venue may accommodate shall be determined by the local 1528
fire department and such determination shall be provided in 1529
writing and submitted along with all other documents required to 1530
be provided for an on-premises retailer's permit. The permittee 1531
must derive the majority of its revenue from event-related fees, 1532
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 63 (BS\KP)

including, but not limited to, admission fees or ticket sales for 1533
live entertainment in the building. "Event-related fees" do not 1534
include alcohol, beer or light wine sales or any fee which may be 1535
construed to cover the cost of alcohol, beer or light wine. This 1536
determination shall be made on a per event basis. An event may 1537
not last longer than two (2) consecutive days per week. 1538
(o) Temporary theatre permit. A temporary theatre 1539
permit, not to exceed five (5) days, may be issued to a charitable 1540
nonprofit organization that is exempt from taxation under Section 1541
501(c)(3) or (4) of the Internal Revenue Code and owns or operates 1542
a theatre facility that features plays and other theatrical 1543
performances and productions. Except as otherwise provided in 1544
subsection (5) of this section, the permit shall authorize the 1545
holder to sell alcoholic beverages, including native wines, native 1546
spirits, and craft spirits, to patrons of the theatre during 1547
performances and productions at the theatre facility for 1548
consumption during such performances and productions on the 1549
premises of the facility described in the permit. A temporary 1550
theatre permit holder shall obtain all alcoholic beverages from 1551
package retailers located in the county in which the permit is 1552
issued. Alcoholic beverages remaining in stock upon expiration of 1553
the temporary theatre permit may be returned by the permittee to 1554
the package retailer for a refund of the purchase price upon 1555
consent of the package retailer or may be kept by the permittee 1556
exclusively for personal use and consumption, subject to all laws 1557
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 64 (BS\KP)

pertaining to the illegal sale and possession of alcoholic 1558
beverages. 1559
(p) Charter ship operator's permit. Subject to the 1560
provisions of this paragraph (p), a charter ship operator's permit 1561
shall authorize the holder thereof and its employees to serve, 1562
monitor, store and otherwise control the serving and availability 1563
of alcoholic beverages to customers of the permit holder during 1564
private charters under contract provided by the permit holder. A 1565
charter ship operator's permit shall authorize such action by the 1566
permit holder and its employees only as to alcoholic beverages 1567
brought onto the permit holder's ship by customers of the permit 1568
holder as part of such a private charter. All such alcoholic 1569
beverages must be removed from the charter ship at the conclusion 1570
of each private charter. A charter ship operator's permit shall 1571
not authorize the permit holder to sell, charge for or otherwise 1572
supply alcoholic beverages to customers, except as authorized in 1573
this paragraph (p). For the purposes of this paragraph (p), 1574
"charter ship operator" means a common carrier that (i) is 1575
certified to carry at least one hundred fifty (150) passengers 1576
and/or provide overnight accommodations for at least fifty (50) 1577
passengers, (ii) operates only in the waters within the State of 1578
Mississippi, which lie adjacent to the State of Mississippi south 1579
of the three (3) most southern counties in the State of 1580
Mississippi, and (iii) provides charters under contract for tours 1581
and trips in such waters. 1582
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 65 (BS\KP)

(q) Distillery retailer's permit. The holder of a 1583
Class 1 manufacturer's permit may obtain a distillery retailer's 1584
permit. A distillery retailer's permit shall authorize the holder 1585
thereof to sell at retail alcoholic beverages to consumers for 1586
on-premises consumption, or to consumers by the sealed and 1587
unopened bottle from a retail location at the distillery for 1588
off-premises consumption. The holder may only sell product 1589
manufactured by the manufacturer at the distillery described in 1590
the permit. However, when selling to consumers for on-premises 1591
consumption, a holder of a distillery retailer's permit may add 1592
other beverages, alcoholic or not, so long as the total volume of 1593
other beverage components containing alcohol does not exceed 1594
twenty percent (20%). Hours of sale shall be the same as those 1595
authorized for on-premises permittees in the city or county in 1596
which the distillery retailer is located. 1597
The holder shall not sell at retail more than ten percent 1598
(10%) of the alcoholic beverages produced annually at its 1599
distillery. The holder shall not make retail sales of more than 1600
two and twenty-five one-hundredths (2.25) liters, in the 1601
aggregate, of the alcoholic beverages produced at its distillery 1602
to any one (1) individual for consumption off the premises of the 1603
distillery within a twenty-four-hour period. The hours of sale 1604
shall be the same as those hours for package retailers under this 1605
article. The holder of a distillery retailer's permit is not 1606
required to purchase the alcoholic beverages authorized to be sold 1607
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 66 (BS\KP)

by this paragraph from the department's liquor distribution 1608
warehouse; however, if the holder does not purchase the alcoholic 1609
beverages from the department's liquor distribution warehouse, the 1610
holder shall pay to the department all taxes, fees and surcharges 1611
on the alcoholic beverages that are imposed upon the sale of 1612
alcoholic beverages shipped by the department or its warehouse 1613
operator. In addition to alcoholic beverages, the holder of a 1614
distillery retailer's permit may sell at retail promotional 1615
products from the same retail location, including shirts, hats, 1616
glasses, and other promotional products customarily sold by 1617
alcoholic beverage manufacturers. 1618
(r) Festival Permit. Any wine manufacturer, native 1619
wine producer, native spirit producer, craft spirit producer, or 1620
distilled spirit manufacturer permitted by Mississippi or any 1621
other state is eligible to obtain a Festival Permit. This permit 1622
authorizes the entity to transport product manufactured by it to 1623
festivals held within the State of Mississippi and sell sealed, 1624
unopened bottles to festival participants. The holder of this 1625
permit may provide samples at no charge to participants. 1626
"Festival" means any event at which three (3) or more vendors are 1627
present at a location for the sale or distribution of goods. The 1628
holder of a Festival Permit is not required to purchase the 1629
alcoholic beverages authorized to be sold by this paragraph from 1630
the department's liquor distribution warehouse. However, if the 1631
holder does not purchase the alcoholic beverages from the 1632
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 67 (BS\KP)

department's liquor distribution warehouse, the holder of this 1633
permit shall pay to the department all taxes, fees and surcharges 1634
on the alcoholic beverages sold at such festivals that are imposed 1635
upon the sale of alcoholic beverages shipped by the division. 1636
Additionally, the entity shall file all applicable reports and 1637
returns as prescribed by the department. This permit is issued 1638
per festival and provides authority to sell for three (3) 1639
consecutive days during the hours authorized for on-premises 1640
permittees' sales in that county or city. The holder of the 1641
permit shall be required to maintain all requirements set by Local 1642
Option Law for the service and sale of alcoholic beverages. This 1643
permit may be issued to entities participating in festivals at 1644
which a Class 1 temporary permit is in effect. 1645
This paragraph (r) shall stand repealed from and after July 1646
1, 2026. 1647
(s) Charter vessel operator's permit. Subject to the 1648
provisions of this paragraph (s), a charter vessel operator's 1649
permit shall authorize the holder thereof and its employees to 1650
sell and serve alcoholic beverages to passengers of the permit 1651
holder during public tours, historical tours, ecological tours and 1652
sunset cruises provided by the permit holder. The permit shall 1653
authorize the holder to only sell alcoholic beverages, including 1654
native wines, to passengers of the charter vessel operator during 1655
public tours, historical tours, ecological tours and sunset 1656
cruises provided by the permit holder aboard the charter vessel 1657
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 68 (BS\KP)

operator for consumption during such tours and cruises on the 1658
premises of the charter vessel operator described in the permit. 1659
For the purposes of this paragraph (s), "charter vessel operator" 1660
means a common carrier that (i) is certified to carry at least 1661
forty-nine (49) passengers, (ii) operates only in the waters 1662
within the State of Mississippi, which lie south of Interstate 10 1663
in the three (3) most southern counties in the State of 1664
Mississippi, and lie adjacent to the State of Mississippi south of 1665
the three (3) most southern counties in the State of Mississippi, 1666
extending not further than one (1) mile south of such counties, 1667
and (iii) provides vessel services for tours and cruises in such 1668
waters as provided in this paragraph(s). 1669
(t) Native spirit retailer's permit. Except as 1670
otherwise provided in subsection (5) of this section, a native 1671
spirit retailer's permit shall be issued only to a holder of a 1672
Class 4 manufacturer's permit, and shall authorize the holder 1673
thereof to make retail sales of native spirits to consumers for 1674
on-premises consumption or to consumers in originally sealed and 1675
unopened containers at an establishment located on the premises of 1676
the distillery, or at any tasting room location or locations 1677
within five (5) miles of the native distillery. Further, every 1678
native distillery is authorized to have one (1) permanent 1679
satellite tasting room sales location in any other location in the 1680
state that otherwise allows the sale of alcoholic beverages. When 1681
selling to consumers for on-premises consumption, a holder of a 1682
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 69 (BS\KP)

native spirit retailer's permit may sell alcoholic beverages 1683
produced by other suppliers. Hours of sale shall be the same as 1684
those authorized for on-premises permittees in the city or county 1685
in which the native spirit retailer is located. 1686
(u) Delivery service permit. Any individual, limited 1687
liability company, corporation or partnership registered to do 1688
business in this state is eligible to obtain a delivery service 1689
permit. Subject to the provisions of Section 67-1-51.1, this 1690
permit authorizes the permittee, or its employee or an independent 1691
contractor acting on its behalf, to deliver alcoholic beverages, 1692
beer, light wine and light spirit product from a licensed retailer 1693
to a person in this state who is at least twenty-one (21) years of 1694
age for the individual's use and not for resale. This permit does 1695
not authorize the delivery of alcoholic beverages, beer, light 1696
wine or light spirit product to the premises of a location with a 1697
permit for the manufacture, distribution or retail sale of 1698
alcoholic beverages, beer, light wine or light spirit product. 1699
The holder of a package retailer's permit or an on-premises 1700
retailer's permit under Section 67-1-51 or of a beer, light wine 1701
and light spirit product permit under Section 67-3-19 is 1702
authorized to apply for a delivery service permit as a privilege 1703
separate from its existing retail permit. 1704
(v) Food truck permit. A food truck permit shall 1705
authorize the holder of an on-premises retailer's permit to use a 1706
food truck to sell alcoholic beverages off its premises to guests 1707
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 70 (BS\KP)

who must consume the beverages in open containers. For the 1708
purposes of this paragraph (v), "food truck" means a fully encased 1709
food service establishment on a motor vehicle or on a trailer that 1710
a motor vehicle pulls to transport, and from which a vendor, 1711
standing within the frame of the establishment, prepares, cooks, 1712
sells and serves food for immediate human consumption. The term 1713
"food truck" does not include a food cart that is not motorized. 1714
Food trucks shall maintain such distance requirements from 1715
schools, churches, kindergartens and funeral homes as are required 1716
for on-premises retailer's permittees under this article, and all 1717
sales must be made within a valid leisure and recreation district 1718
established under Section 67-1-101. Food trucks cannot sell or 1719
serve alcoholic beverages unless also offering food prepared and 1720
cooked within the food truck, and permittees must maintain a 1721
twenty-five percent (25%) food sale revenue requirement based on 1722
the food sold from the food truck alone. The hours allowed for 1723
sale shall be the same as those for on-premises retailer's 1724
permittees in the location. This permit will not be required for 1725
the holder of a caterer's permit issued under this article to 1726
cater an event as allowed by law. Permittees must provide notice 1727
of not less than forty-eight (48) hours to the department of each 1728
location at which alcoholic beverages will be sold. 1729
(w) On-premises tobacco permit. An on-premises tobacco 1730
permit shall authorize the permittee to sell alcoholic beverages 1731
for consumption on the licensed premises. In addition to all 1732
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 71 (BS\KP)

other requirements to obtain an alcoholic beverage permit, the 1733
permittee must obtain and maintain a tobacco permit issued by the 1734
State of Mississippi, and have a capital investment of not less 1735
than Five Hundred Thousand Dollars ($500,000.00) in the premises 1736
for which the permit is issued. In addition to alcoholic 1737
beverages, the permittee is authorized to sell only cigars, 1738
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 1739
Additionally, seventy-five percent (75%) of the permittee's annual 1740
gross revenue must be derived from the sale of cigars, cheroots, 1741
tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 1742
be required, but food may be sold on the premises. The issuance 1743
of this permit does not remove any obligation a permittee may have 1744
to follow local ordinances or actions prohibiting the use of 1745
tobacco products. 1746
(x) Direct wine shipper's permit. A direct wine 1747
shipper's permit shall authorize the holder to sell and ship a 1748
limited amount of wine directly to residents in this state in 1749
accordance with the provisions of Sections 67-1-301 to 67-1-317, 1750
without being required to transact the sale and shipment of those 1751
wines through the division. 1752
(y) Craft spirit retailer's permit. Except as 1753
otherwise provided in subsection (5) of this section, a craft 1754
spirit retailer's permit shall be issued only to a holder of a 1755
Class 5 manufacturer's permit, and shall authorize the holder 1756
thereof to make retail sales of craft spirits to consumers for 1757
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 72 (BS\KP)

on-premises consumption or to consumers in originally sealed and 1758
unopened containers at an establishment located on the premises of 1759
the distillery or at any tasting room location or locations within 1760
five (5) miles of the craft distillery. Further, every craft 1761
distillery is authorized to have one (1) permanent satellite 1762
tasting room sales location in any other location in the state 1763
that otherwise allows the sale of alcoholic beverages. When 1764
selling to consumers for on-premises consumption, a holder of a 1765
craft spirit retailer's permit may sell alcoholic beverages 1766
produced by other suppliers. Hours of sale shall be the same as 1767
those authorized for on-premises permittees in the city or county 1768
in which the craft spirit retailer is located. 1769
(z) Grocery store wine-only retailer's permit. Except 1770
as otherwise provided in this paragraph (z), a grocery store 1771
wine-only retailer's permit shall authorize the holder thereof to 1772
sell wine at retail at a grocery store in original sealed and 1773
unopened packages not to be consumed on the premises where sold. 1774
Wine shall not be sold by any grocery store in any package or 1775
container containing less than fifty (50) milliliters by liquid 1776
measure. A grocery store wine-only retailer's permit, with prior 1777
approval from the department, shall authorize the holder thereof 1778
to sample the new product furnished by a manufacturer's 1779
representative or his employees at the permitted place of business 1780
so long as the sampling otherwise complies with this article and 1781
applicable department regulations. Such samples may not be 1782
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 73 (BS\KP)

provided to customers at the permitted place of business. Permits 1783
authorized under this paragraph (z) shall not be issued prior to 1784
July 1, 2027, and shall not be issued to a grocery store that is 1785
located within five hundred (500) feet of an establishment holding 1786
a package retailer's permit prior to July 1, 2027. 1787
(2) Except as otherwise provided in subsection (4) of this 1788
section, retail permittees may hold more than one (1) retail 1789
permit, at the discretion of the department. 1790
(3) (a) Except as otherwise provided in this subsection, no 1791
authority shall be granted to any person to manufacture, sell or 1792
store for sale any intoxicating liquor as specified in this 1793
article within four hundred (400) feet of any church, school 1794
(excluding any community college, junior college, college or 1795
university), kindergarten or funeral home. However, within an 1796
area zoned commercial or business, such minimum distance shall be 1797
not less than one hundred (100) feet. 1798
(b) A church or funeral home may waive the distance 1799
restrictions imposed in this subsection in favor of allowing 1800
issuance by the department of a permit, pursuant to subsection (1) 1801
of this section, to authorize activity relating to the 1802
manufacturing, sale or storage of alcoholic beverages which would 1803
otherwise be prohibited under the minimum distance criterion. 1804
Such waiver shall be in written form from the owner, the governing 1805
body, or the appropriate officer of the church or funeral home 1806
having the authority to execute such a waiver, and the waiver 1807
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 74 (BS\KP)

shall be filed with and verified by the department before becoming 1808
effective. 1809
(c) The distance restrictions imposed in this 1810
subsection shall not apply to the sale or storage of alcoholic 1811
beverages at a bed and breakfast inn listed in the National 1812
Register of Historic Places or to the sale or storage of alcoholic 1813
beverages in a historic district that is listed in the National 1814
Register of Historic Places, is a qualified resort area and is 1815
located (i) in a municipality having a population greater than one 1816
hundred thousand (100,000) according to the latest federal 1817
decennial census, or (ii) in a municipality in which Mississippi 1818
Highways 1 and 8 intersect. 1819
(d) The distance restrictions imposed in this 1820
subsection shall not apply to the sale or storage of alcoholic 1821
beverages at a qualified resort area as defined in Section 1822
67-1-5(o)(iii)32. 1823
(e) The distance restrictions imposed in this 1824
subsection shall not apply to the sale or storage of alcoholic 1825
beverages at a licensed premises in a building formerly owned by a 1826
municipality and formerly leased by the municipality to a 1827
municipal school district and used by the municipal school 1828
district as a district bus shop facility. 1829
(f) The distance restrictions imposed in this 1830
subsection shall not apply to the sale or storage of alcoholic 1831
beverages at a licensed premises in a building consisting of at 1832
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 75 (BS\KP)

least five thousand (5,000) square feet and located approximately 1833
six hundred (600) feet from the intersection of Mississippi 1834
Highway 15 and Mississippi Highway 4. 1835
(g) The distance restrictions imposed in this 1836
subsection shall not apply to the sale or storage of alcoholic 1837
beverages at a licensed premises in a building located at or near 1838
the intersection of Ward and Tate Streets and adjacent properties 1839
in the City of Senatobia, Mississippi. 1840
(h) The distance restrictions imposed in this 1841
subsection shall not apply to the sale or storage of alcoholic 1842
beverages at a theatre facility that features plays and other 1843
theatrical performances and productions and (i) is capable of 1844
seating more than seven hundred fifty (750) people, (ii) is owned 1845
by a municipality which has a population greater than ten thousand 1846
(10,000) according to the latest federal decennial census, (iii) 1847
was constructed prior to 1930, (iv) is on the National Register of 1848
Historic Places, and (v) is located in a historic district. 1849
(i) The distance restrictions imposed in this 1850
subsection shall not apply to the sale or storage of alcoholic 1851
beverages at a licensed premises in a building located 1852
approximately one and six-tenths (1.6) miles north of the 1853
intersection of Mississippi Highway 15 and Mississippi Highway 4 1854
on the west side of Mississippi Highway 15. 1855
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 76 (BS\KP)

(j) The distance restrictions imposed in this 1856
subsection shall not apply to the sale or storage of alcoholic 1857
beverages at a qualified resort area as defined in Section 1858
67-1-5(o)(iii)83. 1859
(k) The distance restrictions imposed in this 1860
subsection shall not apply to the sale or storage of alcoholic 1861
beverages at a qualified resort area as defined in Section 1862
67-1-5(o)(iii)84. 1863
(4) No person, either individually or as a member of a firm, 1864
partnership, limited liability company or association, or as a 1865
stockholder, officer or director in a corporation, shall own or 1866
control any interest in more than * * * six (6) package retailer's 1867
permits, nor shall such person's spouse, if living in the same 1868
household of such person, any relative of such person, if living 1869
in the same household of such person, or any other person living 1870
in the same household with such person own any interest in any 1871
other package retailer's permit * * * which, when combined with 1872
the number of package retailer's permits owned by the person or in 1873
which the person has a controlling interest, would total more than 1874
six (6) package retailer's permits. 1875
(5) (a) In addition to any other authority granted under 1876
this section, the holder of a permit issued under subsection 1877
(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 1878
section may sell or otherwise provide alcoholic beverages and/or 1879
wine to a patron of the permit holder in the manner authorized in 1880
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 77 (BS\KP)

the permit and the patron may remove an open glass, cup or other 1881
container of the alcoholic beverage and/or wine from the licensed 1882
premises and may possess and consume the alcoholic beverage or 1883
wine outside of the licensed premises if: (i) the licensed 1884
premises is located within a leisure and recreation district 1885
created under Section 67-1-101 and (ii) the patron remains within 1886
the boundaries of the leisure and recreation district while in 1887
possession of the alcoholic beverage or wine. 1888
(b) Nothing in this subsection shall be construed to 1889
allow a person to bring any alcoholic beverages into a permitted 1890
premises except to the extent otherwise authorized by this 1891
article. 1892
(c) Where a permit is issued under subsection (1)(c) to 1893
an establishment located in a resort area created by Section 1894
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 1895
to bring alcoholic beverages into the permitted premises and to 1896
possess, store and consume those alcoholic beverages in the 1897
permitted premises. 1898
SECTION 3. Section 27-71-5, Mississippi Code of 1972, is 1899
amended as follows: 1900
27-71-5. (1) Upon each person approved for a permit under 1901
the provisions of the Alcoholic Beverage Control Law and 1902
amendments thereto, there is levied and imposed for each location 1903
for the privilege of engaging and continuing in this state in the 1904
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 78 (BS\KP)

business authorized by such permit, an annual privilege license 1905
tax in the amount provided in the following schedule: 1906
(a) Except as otherwise provided in this subsection 1907
(1), manufacturer's permit, Class 1, distiller's and/or 1908
rectifier's: 1909
(i) For a permittee with annual production of 1910
five thousand (5,000) gallons or more.................... $4,500.00 1911
(ii) For a permittee with annual production under 1912
five thousand (5,000) gallons............................ $2,800.00 1913
(b) Manufacturer's permit, Class 2, wine 1914
manufacturer............................................. $1,800.00 1915
(c) Manufacturer's permit, Class 3, native wine 1916
manufacturer per ten thousand (10,000) gallons or part thereof 1917
produced................................................. $ 10.00 1918
(d) Manufacturer's permit, Class 4, native spirit 1919
manufacturer per one thousand (1,000) gallons or part thereof 1920
produced................................................. $ 300.00 1921
(e) Native wine retailer's permit............. $ 50.00 1922
(f) Package retailer's permit, each........... $ 900.00 1923
(g) On-premises retailer's permit, except for clubs and 1924
common carriers, each.................................... $ 450.00 1925
(h) On-premises retailer's permit for wine of more than 1926
five percent (5%) alcohol by weight, but not more than twenty-one 1927
percent (21%) alcohol by weight, each.................... $ 225.00 1928
(i) On-premises retailer's permit for clubs... $ 225.00 1929
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 79 (BS\KP)

(j) On-premises retailer's permit for common carriers, 1930
per car, plane, or other vehicle......................... $ 120.00 1931
(k) Solicitor's permit, regardless of any other 1932
provision of law, solicitor's permits shall be issued only in the 1933
discretion of the department............................. $ 100.00 1934
(l) Filing fee for each application except for an 1935
employee identification card............................. $ 25.00 1936
(m) Temporary permit, Class 1, each........... $ 10.00 1937
(n) Temporary permit, Class 2, each........... $ 50.00 1938
(o) (i) Caterer's permit..................... $ 600.00 1939
(ii) Caterer's permit for holders of on-premises 1940
retailer's permit........................................ $ 150.00 1941
(p) Research permit........................... $ 100.00 1942
(q) Temporary permit, Class 3 (wine only)..... $ 10.00 1943
(r) Special service permit.................... $ 225.00 1944
(s) Merchant permit........................... $ 225.00 1945
(t) Temporary alcoholic beverages charitable auction 1946
permit................................................... $ 10.00 1947
(u) Event venue retailer's permit............. $ 225.00 1948
(v) Temporary theatre permit, each............ $ 10.00 1949
(w) Charter ship operator's permit............ $ 100.00 1950
(x) Distillery retailer's permit.............. $ 450.00 1951
(y) Festival permit.......................... $ 10.00 1952
(z) Charter vessel operator's permit.......... $ 100.00 1953
(aa) Native or craft spirit retailer's permit, 1954
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 80 (BS\KP)

each..................................................... $ 50.00 1955
(ab) Delivery service permit.................. $ 500.00 1956
(ac) Food truck permit........................ $ 100.00 1957
(ad) On-premises tobacco permit............... $ 450.00 1958
(ae) Direct wine shipper's permit............. $ 100.00 1959
(af) Wine fulfillment provider's permit....... $ 100.00 1960
(ag) Manufacturer's permit, Class 5, craft spirit 1961
manufacturer per one thousand (1,000) gallons or part thereof 1962
produced,................................................$ 300.00, 1963
but not to exceed $3,000.00. 1964
(ah) Grocery store wine-only retailer's permit, each 1965
location.................................................$ 900.00 1966
In addition to the filing fee imposed by paragraph (l) of 1967
this subsection, a fee to be determined by the Department of 1968
Revenue may be charged to defray costs incurred to process 1969
applications. The additional fees shall be paid into the State 1970
Treasury to the credit of a special fund account, which is hereby 1971
created, and expenditures therefrom shall be made only to defray 1972
the costs incurred by the Department of Revenue in processing 1973
alcoholic beverage applications. Any unencumbered balance 1974
remaining in the special fund account on June 30 of any fiscal 1975
year shall lapse into the State General Fund. 1976
All privilege taxes imposed by this section shall be paid in 1977
advance of doing business. A new permittee whose privilege tax is 1978
determined by production volume will pay the tax for the first 1979
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 81 (BS\KP)

year in accordance with department regulations. The additional 1980
privilege tax imposed for an on-premises retailer's permit based 1981
upon purchases shall be due and payable on demand. 1982
Paragraph (y) of this subsection shall stand repealed from 1983
and after July 1, 2026. 1984
(2) (a) There is imposed and shall be collected from each 1985
permittee, except a common carrier, solicitor, temporary 1986
permittee, delivery service permittee or direct wine shipper's 1987
permittee, by the department, an additional license tax equal to 1988
the amounts imposed under subsection (1) of this section for the 1989
privilege of doing business within any municipality or county in 1990
which the licensee is located. 1991
(b) (i) In addition to the tax imposed in paragraph 1992
(a) of this subsection, there is imposed and shall be collected by 1993
the department from each permittee described in subsection (1)(g), 1994
(h), (i), (n) and (u) of this section, an additional license tax 1995
for the privilege of doing business within any municipality or 1996
county in which the licensee is located in the amount of Two 1997
Hundred Twenty-five Dollars ($225.00) on purchases exceeding Five 1998
Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars 1999
($225.00) for each additional purchase of Five Thousand Dollars 2000
($5,000.00), or fraction thereof. 2001
(ii) In addition to the tax imposed in paragraph 2002
(a) of this subsection, there is imposed and shall be collected by 2003
the department from each permittee described in subsection (1)(o) 2004
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 82 (BS\KP)

and (s) of this section, an additional license tax for the 2005
privilege of doing business within any municipality or county in 2006
which the licensee is located in the amount of Two Hundred Fifty 2007
Dollars ($250.00) on purchases exceeding Five Thousand Dollars 2008
($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each 2009
additional purchase of Five Thousand Dollars ($5,000.00), or 2010
fraction thereof. 2011
(iii) Any person who has paid the additional 2012
privilege license tax imposed by this paragraph, and whose permit 2013
is renewed, may add any unused fraction of Five Thousand Dollars 2014
($5,000.00) purchases to the first Five Thousand Dollars 2015
($5,000.00) purchases authorized by the renewal permit, and no 2016
additional license tax will be required until purchases exceed the 2017
sum of the two (2) figures. 2018
(c) If the licensee is located within a municipality, 2019
the department shall pay the amount of additional license tax 2020
collected under this section to the municipality, and if outside a 2021
municipality the department shall pay the additional license tax 2022
to the county in which the licensee is located. Payments by the 2023
department to the respective local government subdivisions shall 2024
be made once each month for any collections during the preceding 2025
month. 2026
(3) When an application for any permit, other than for 2027
renewal of a permit, has been rejected by the department, such 2028
decision shall be final. Appeal may be made in the manner 2029
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 83 (BS\KP)

provided by Section 67-1-39. Another application from an 2030
applicant who has been denied a permit shall not be reconsidered 2031
within a twelve-month period. 2032
(4) The number of permits issued by the department shall not 2033
be restricted or limited on a population basis; however, the 2034
foregoing limitation shall not be construed to preclude the right 2035
of the department to refuse to issue a permit because of the 2036
undesirability of the proposed location. 2037
(5) If any person shall engage or continue in any business 2038
which is taxable under this section without having paid the tax as 2039
provided in this section, the person shall be liable for the full 2040
amount of the tax plus a penalty thereon equal to the amount 2041
thereof, and, in addition, shall be punished by a fine of not more 2042
than One Thousand Dollars ($1,000.00), or by imprisonment in the 2043
county jail for a term of not more than six (6) months, or by both 2044
such fine and imprisonment, in the discretion of the court. 2045
(6) It shall be unlawful for any person to consume alcoholic 2046
beverages on the premises of any hotel restaurant, restaurant, 2047
club or the interior of any public place defined in Chapter 1, 2048
Title 67, Mississippi Code of 1972, when the owner or manager 2049
thereof displays in several conspicuous places inside the 2050
establishment and at the entrances of establishment a sign 2051
containing the following language: NO ALCOHOLIC BEVERAGES 2052
ALLOWED. 2053
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 84 (BS\KP)

SECTION 4. Section 67-1-41, Mississippi Code of 1972, is 2054
amended as follows: 2055
67-1-41. (1) The department is hereby created a wholesale 2056
distributor and seller of alcoholic beverages, not including malt 2057
liquors, within the State of Mississippi. It is granted the right 2058
to import and sell alcoholic beverages at wholesale within the 2059
state, and no person who is granted the right to sell, distribute 2060
or receive alcoholic beverages at retail shall purchase any 2061
alcoholic beverages from any source other than the department, 2062
except as authorized in subsections (4), (9) and (12) of this 2063
section and Sections 67-1-301 to 67-1-317. The department may 2064
establish warehouses, and the department may purchase alcoholic 2065
beverages in such quantities and from such sources as it may deem 2066
desirable and sell the alcoholic beverages to authorized 2067
permittees within the state including, at the discretion of the 2068
department, any retail distributors operating within any military 2069
post or qualified resort areas within the boundaries of the state, 2070
keeping a correct and accurate record of all such transactions and 2071
exercising such control over the distribution of alcoholic 2072
beverages as seem right and proper in keeping with the provisions 2073
or purposes of this article. 2074
(2) No person for the purpose of sale shall manufacture, 2075
distill, brew, sell, possess, export, transport, distribute, 2076
warehouse, store, solicit, take orders for, bottle, rectify, 2077
blend, treat, mix or process any alcoholic beverage except in 2078
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 85 (BS\KP)

accordance with authority granted under this article, or as 2079
otherwise provided by law for native wines, native spirits, or 2080
craft spirits. 2081
(3) No alcoholic beverage intended for sale or resale shall 2082
be imported, shipped or brought into this state for delivery to 2083
any person other than as provided in this article, or as otherwise 2084
provided by law for native wines, native spirits, or craft 2085
spirits. 2086
(4) The department may promulgate rules and regulations 2087
which authorize on-premises retailers to purchase limited amounts 2088
of alcoholic beverages from package retailers and for package 2089
retailers to purchase limited amounts of alcoholic beverages from 2090
other package retailers. The department shall develop and provide 2091
forms to be completed by the on-premises retailers and the package 2092
retailers verifying the transaction. The completed forms shall be 2093
forwarded to the department within a period of time prescribed by 2094
the department. 2095
(5) The department may promulgate rules which authorize the 2096
holder of a package retailer's permit or grocery store wine-only 2097
retailer's permit to permit individual retail purchasers of 2098
packages of alcoholic beverages to return, for exchange, credit or 2099
refund, limited amounts of original sealed and unopened packages 2100
of alcoholic beverages purchased by the individual from the 2101
package retailer or grocery store. 2102
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 86 (BS\KP)

(6) The department shall maintain all forms to be completed 2103
by applicants necessary for licensure by the department at all 2104
district offices of the department. 2105
(7) The department may promulgate rules which authorize the 2106
manufacturer of an alcoholic beverage or wine to import, transport 2107
and furnish or give a sample of alcoholic beverages or wines to 2108
the holders of package retailer's permits, on-premises retailer's 2109
permits, native wine, native spirit, or craft spirits retailer's 2110
permits * * *, temporary retailer's permits and grocery store 2111
wine-only retailer's permits who have not previously purchased the 2112
brand of that manufacturer from the department. For each holder 2113
of the designated permits, the manufacturer may furnish not more 2114
than five hundred (500) milliliters of any brand of alcoholic 2115
beverage and not more than three (3) liters of any brand of wine. 2116
(8) The department may promulgate rules disallowing open 2117
product sampling of alcoholic beverages or wines by the holders of 2118
package retailer's permits and permitting open product sampling of 2119
alcoholic beverages by the holders of on-premises retailer's 2120
permits. Permitted sample products shall be plainly identified 2121
"sample" and the actual sampling must occur in the presence of the 2122
manufacturer's representatives during the legal operating hours of 2123
on-premises retailers. 2124
(9) The department may promulgate rules and regulations that 2125
authorize the holder of a research permit to import and purchase 2126
limited amounts of alcoholic beverages from importers, wineries 2127
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 87 (BS\KP)

and distillers of alcoholic beverages or from the department. The 2128
department shall develop and provide forms to be completed by the 2129
research permittee verifying each transaction. The completed 2130
forms shall be forwarded to the department within a period of time 2131
prescribed by the department. The records and inventory of 2132
alcoholic beverages shall be open to inspection at any time by the 2133
Director of the Alcoholic Beverage Control Division or any duly 2134
authorized agent. 2135
(10) The department may promulgate rules facilitating a 2136
retailer's on-site pickup of alcoholic beverages sold by the 2137
department or as authorized by the department, including, but not 2138
limited to, native wines, native spirits, or craft spirits, so 2139
that those alcoholic beverages may be delivered to the retailer at 2140
the manufacturer's location instead of via shipment from the 2141
department's warehouse. 2142
(11) [Through June 30, 2026] This section shall not apply 2143
to alcoholic beverages authorized to be sold by the holder of a 2144
distillery retailer's permit or a festival wine permit. 2145
(11) [From and after July 1, 2026] This section shall not 2146
apply to alcoholic beverages authorized to be sold by the holder 2147
of a distillery retailer's permit. 2148
(12) (a) An individual resident of this state who is at 2149
least twenty-one (21) years of age may purchase wine from a winery 2150
and have the purchase shipped into this state so long as it is 2151
shipped to a package retailer permittee in Mississippi; however, 2152
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 88 (BS\KP)

the permittee shall pay to the department all taxes, fees and 2153
surcharges on the wine that are imposed upon the sale of wine 2154
shipped by the department or its warehouse operator. No credit 2155
shall be provided to the permittee for any taxes paid to another 2156
state as a result of the transaction. Package retailers may 2157
charge a service fee for receiving and handling shipments from 2158
wineries on behalf of the purchasers. The department shall 2159
develop and provide forms to be completed by the package retailer 2160
permittees verifying the transaction. The completed forms shall 2161
be forwarded to the department within a period of time prescribed 2162
by the department. 2163
(b) The purchaser of wine that is to be shipped to a 2164
package retailer's store shall be required to get the prior 2165
approval of the package retailer before any wine is shipped to the 2166
package retailer. A purchaser is limited to no more than ten (10) 2167
cases of wine per year to be shipped to a package retailer. A 2168
package retailer shall notify a purchaser of wine within two (2) 2169
days after receiving the shipment of wine. If the purchaser of 2170
the wine does not pick up or take the wine from the package 2171
retailer within thirty (30) days after being notified by the 2172
package retailer, the package retailer may sell the wine as part 2173
of his inventory. 2174
(c) Shipments of wine into this state under this 2175
section shall be made by a duly licensed carrier. It shall be the 2176
duty of every common or contract carrier, and of every firm or 2177
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 89 (BS\KP)

corporation that shall bring, carry or transport wine from outside 2178
the state for delivery inside the state to package retailer 2179
permittees on behalf of consumers, to prepare and file with the 2180
department, on a schedule as determined by the department, of 2181
known wine shipments containing the name of the common or contract 2182
carrier, firm or corporation making the report, the period of time 2183
covered by said report, the name and permit number of the winery, 2184
the name and permit number of the package retailer permittee 2185
receiving such wine, the weight of the package delivered to each 2186
package retailer permittee, a unique tracking number, and the date 2187
of delivery. Reports received by the department shall be made 2188
available by the department to the public via the Mississippi 2189
Public Records Act process in the same manner as other state 2190
alcohol filings. 2191
Upon the department's request, any records supporting the 2192
report shall be made available to the department within a 2193
reasonable time after the department makes a written request for 2194
such records. Any records containing information relating to such 2195
reports shall be kept and preserved for a period of two (2) years, 2196
unless their destruction sooner is authorized, in writing, by the 2197
department, and shall be open and available to inspection by the 2198
department upon the department's written request. Reports shall 2199
also be made available to any law enforcement or regulatory body 2200
in the state in which the railroad company, express company, 2201
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 90 (BS\KP)

common or contract carrier making the report resides or does 2202
business. 2203
Any common or contract carrier that willfully fails to make 2204
reports, as provided by this section or any of the rules and 2205
regulations of the department for the administration and 2206
enforcement of this section, is subject to a notification of 2207
violation. In the case of a continuing failure to make reports, 2208
the common or contract carrier is subject to possible license 2209
suspension and revocation at the department's discretion. 2210
(d) A winery that ships wine under this section shall 2211
be deemed to have consented to the jurisdiction of the courts of 2212
this state, of the department, of any other state agency regarding 2213
the enforcement of this section, and of any related law, rules or 2214
regulations. 2215
(e) Any person who makes, participates in, transports, 2216
imports or receives a shipment in violation of this section is 2217
guilty of a misdemeanor and, upon conviction thereof, shall be 2218
punished by a fine of One Thousand Dollars ($1,000.00) or 2219
imprisonment in the county jail for not more than six (6) months, 2220
or both. Each shipment shall constitute a separate offense. 2221
(13) If any provision of this article, or its application to 2222
any person or circumstance, is determined by a court to be invalid 2223
or unconstitutional, the remaining provisions shall be construed 2224
in accordance with the intent of the Legislature to further limit 2225
rather than expand commerce in alcoholic beverages to protect the 2226
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 91 (BS\KP)

health, safety, and welfare of the state's residents, and to 2227
enhance strict regulatory control over taxation, distribution and 2228
sale of alcoholic beverages through the three-tier regulatory 2229
system imposed by this article upon all alcoholic beverages to 2230
curb relationships and practices calculated to stimulate sales and 2231
impair the state's policy favoring trade stability and the 2232
promotion of temperance. 2233
SECTION 5. Section 67-1-75, Mississippi Code of 1972, is 2234
amended as follows: 2235
67-1-75. If the holder of a package retailer's permit or a 2236
grocery store wine-only retailer's permit, or any employee 2237
thereof: 2238
(a) Shall sell, offer for sale or permit to be sold in, 2239
on or about the premises covered by such permit any alcoholic 2240
beverages except in the original sealed and unopened packages; or 2241
(b) Shall permit the drinking or consumption of any 2242
alcoholic beverages in, on or about the premises covered by such 2243
permit except as may be otherwise authorized by this article; or 2244
(c) Shall sell, offer for sale or permit the sale in, 2245
on or about the premises of alcoholic beverages in any package or 2246
container containing less than fifty (50) milliliters by liquid 2247
measure; then such person or employee shall be guilty of a 2248
misdemeanor and, upon conviction, shall be punished by a fine of 2249
not more than One Thousand Dollars ($1,000.00) or by imprisonment 2250
in the county jail for a term of not more than one (1) year, or by 2251
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 92 (BS\KP)

both such fine and imprisonment, in the discretion of the court. 2252
In addition, in the case of the commission of any of such offenses 2253
by the holder of a permit, it shall be the duty of the * * * 2254
department forthwith to revoke the permit held by such person and 2255
conviction of the criminal offense shall not be a condition 2256
precedent to such revocation. 2257
SECTION 6. Section 67-1-83, Mississippi Code of 1972, is 2258
amended as follows: 2259
67-1-83. (1) It shall be unlawful for any permittee or any 2260
employee or agent thereof to sell or furnish any alcoholic 2261
beverage to any person who is visibly intoxicated, or to any 2262
person who is known to habitually drink alcoholic beverages to 2263
excess, or to any person who is known to be an habitual user of 2264
narcotics or other habit-forming drugs. It shall also be unlawful 2265
for the holder of any package retailer's permit or grocery store 2266
wine-only retailer's permit to sell any alcoholic beverages except 2267
by delivery in person to the purchaser at the place of business of 2268
the permittee, unless the holder of a package retailer's permit 2269
also holds a delivery service permit or uses a delivery service 2270
permittee to effect delivery. 2271
(2) It shall be unlawful for any permittee or any employee 2272
or agent thereof to sell or furnish any alcoholic beverage to any 2273
person to whom the department has, after investigation, decided to 2274
prohibit the sale of those beverages because of an appeal to the 2275
department so to do by the husband, wife, father, mother, brother, 2276
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 93 (BS\KP)

sister, child, or employer of the person. The interdiction in 2277
those cases shall last until removed by thedepartment, but no 2278
person shall be held to have violated this subsection unless he 2279
has been informed by the department, by registered letter, that it 2280
is forbidden to sell to that individual or unless that fact is 2281
otherwise known to the permittee or its employee or agent. 2282
(3) It shall be unlawful for any holder of a package 2283
retailer's permit or a grocery store wine-only retailer's permit, 2284
or any employee or agent thereof, * * * to sell or furnish any 2285
alcoholic beverage before 10:00 a.m. and after 10:00 p.m. or to 2286
sell alcoholic beverages on Sunday and Christmas Day. 2287
(4) Any person who violates any of the provisions of this 2288
section shall be guilty of a misdemeanor and, upon conviction, 2289
shall be punished by a fine of not more than Five Hundred Dollars 2290
($500.00) or by imprisonment in the county jail for a term of not 2291
more than six (6) months, or by both that fine and imprisonment, 2292
in the discretion of the court. In addition to any other 2293
penalties prescribed by law, the * * * department may immediately 2294
revoke the permit of any permittee who violates the provisions of 2295
this section. 2296
SECTION 7. Section 67-1-85, Mississippi Code of 1972, is 2297
amended as follows: 2298
67-1-85. (1) The holder of a package retailer's permit or 2299
grocery store wine-only retailer's permit may have signs, lighted 2300
or otherwise, on the outside of the premises covered by his permit 2301
H. B. No. 674 *HR43/R285* ~ OFFICIAL ~
26/HR43/R285
PAGE 94 (BS\KP)
ST: Alcoholic beverages; authorize the sale of
wine at grocery stores.
which advertise, announce or advise of the sale of alcoholic 2302
beverages in or on said premises. Wherever the sign is located on 2303
the premises, the name of the business shall also include the 2304
permit number thereof, preceded by the words "A.B.C. Permit No." 2305
(2) It shall be lawful to advertise alcoholic beverages by 2306
means of signs, billboards or displays on or along any road, 2307
highway, street or building. 2308
(3) It shall be lawful for publishers, broadcasters and 2309
other kinds, types or forms of public and private advertising 2310
media to advertise alcoholic beverages; however, no alcoholic 2311
beverages may be advertised during, or within five (5) minutes 2312
preceding or following, any television broadcast which consists 2313
primarily of animated material intended for viewing by young 2314
children. 2315
(4) Notwithstanding the provisions of this section to the 2316
contrary, it shall be unlawful to advertise alcoholic beverages by 2317
means of signs, billboards or displays in any municipality, county 2318
or judicial district which has not voted pursuant to the 2319
provisions of this article to legalize the sale of alcoholic 2320
beverages. 2321
SECTION 8. This act shall take effect and be in force from 2322
and after July 1, 2026. 2323