Alcoholic beverages; require holder of on-premises retailer's permit to have blood alcohol content testing device available.

Plain English Breakdown

The bill did not pass during its session.

Alcohol Testing Devices for Bars and Restaurants

This bill requires bars and restaurants that sell alcohol to have a device available to measure blood alcohol content if requested by customers.

What This Bill Does

• Requires holders of on-premises retailer's permits under the local option alcoholic beverage control law to have at least one breath analysis device available.
• Allows patrons to request their blood alcohol content (BAC) be tested using the device.
• Exempts bar and restaurant owners from liability for negative, false, or incorrect readings of BAC tests.

Who It Names or Affects

• Holders of on-premises retailer's permits under Mississippi's local option alcoholic beverage control law.
• Patrons who request to use the blood alcohol content testing device.

Terms To Know

Breath analysis device

A machine that measures the amount of alcohol in someone's breath, which can be used to estimate how much alcohol is in their blood.

Blood Alcohol Content (BAC)

The percentage of alcohol in a person’s bloodstream. It helps determine if someone has had too much to drink and should not drive.

Limits and Unknowns

• This bill did not pass during the session it was introduced.
• It only applies to businesses that have permits under Mississippi's local option alcoholic beverage control law.

Official Summary Text

Alcoholic beverages; require holder of on-premises retailer's permit to have blood alcohol content testing device available.

Current Bill Text

H. B. No. 860 *HR31/R990* ~ OFFICIAL ~ G1/2
26/HR31/R990
PAGE 1 (MCL\JAB)
ST: Alcoholic beverages; require holder of on-
premises retailer's permit to have blood alcohol
content testing device available.
To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Banks

HOUSE BILL NO. 860

AN ACT TO REQUIRE THE HOLDER OF AN ON-PREMISES RETAILER'S 1
PERMIT UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW TO 2
HAVE AT LEAST ONE BREATH ANALYSIS DEVICE THAT MEASURES BLOOD 3
ALCOHOL CONTENT, THAT, UPON REQUEST BY A PATRON, MAY BE USED TO 4
TEST THE PATRON'S BLOOD ALCOHOL CONTENT; TO PROVIDE THAT THE 5
HOLDER OF AN ON-PREMISES RETAILER'S PERMIT FOR THE SALE OR 6
CONSUMPTION OF ALCOHOLIC BEVERAGES SHALL NOT BE LIABLE FOR ANY 7
NEGATIVE READING, OR FALSE OR INCORRECT READING, AS A RESULT OF 8
THE BLOOD ALCOHOL CONTENT TESTING; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. (1) The holder of an on-premises retailer's 11
permit under Section 67-1-51(c) shall have at least one (1) breath 12
analysis device that measures blood alcohol content, that, upon 13
request by a patron, may be used to test the patron's blood 14
alcohol content. 15
(2) The holder of an on-premises retailer's permit under 16
Section 67-1-51(c) shall not be liable for any negative reading, 17
or false or incorrect reading, as a result of the blood alcohol 18
content testing. 19
SECTION 2. This act shall take effect and be in force from 20
and after July 1, 2026. 21