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S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~ G3/5
26/SS36/R32.2
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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Blackwell
SENATE BILL NO. 2572
AN ACT TO AMEND SECTION 69-25-201, MISSISSIPPI CODE OF 1972, 1
TO RENAME THE "MISSISSIPPI HEMP CULTIVATION ACT" AS THE 2
"MISSISSIPPI HEMP ACT," AND TO EXPAND ITS PURPOSE TO REGULATING 3
THE MANUFACTURE, PRODUCTION, DISTRIBUTION AND SALE OF CONSUMABLE 4
HEMP PRODUCTS OTHER THAN BEVERAGES; TO AMEND SECTION 69-25-203, 5
MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS; TO AMEND 6
SECTION 69-25-207, MISSISSIPPI CODE OF 1972, TO TRANSFER THE 7
ADMINISTRATION OF THE MISSISSIPPI HEMP ACT FROM THE COMMISSIONER 8
AND DEPARTMENT OF AGRICULTURE AND COMMERCE TO THE STATE HEALTH 9
OFFICER AND THE STATE DEPARTMENT OF HEALTH; TO PROVIDE THAT THE 10
STATE DEPARTMENT OF HEALTH SHALL BE RESPONSIBLE FOR LICENSING 11
RETAILERS, WHOLESALERS, MANUFACTURERS AND PROCESSORS OF CONSUMABLE 12
HEMP PRODUCTS OTHER THAN BEVERAGES; TO SET THE ANNUAL LICENSE FEES 13
TO BE COLLECTED BY THE DEPARTMENT AND TO DIRECT THAT SUCH FEES BE 14
DEPOSITED INTO THE STATE GENERAL FUND; TO AMEND SECTION 69-25-213, 15
MISSISSIPPI CODE OF 1972, TO REDUCE, FROM A CONCENTRATION OF MORE 16
THAN 0.5% TO A CONCENTRATION OF MORE THAN 0.3%, THE THRESHOLD FOR 17
VIOLATIONS OF PRODUCING CANNABIS SATIVA L. WITH A CERTAIN DELTA 9 18
TETRAHYDROCANNABINOL CONCENTRATION ON A DRY WEIGHT BASIS; TO AMEND 19
SECTION 69-25-217, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE, 20
OR MANUFACTURE OR PRODUCTION FOR SALE, IN MISSISSIPPI OR TO 21
MISSISSIPPI CONSUMERS, OF PRODUCTS DERIVED FROM ANY CANNABIS 22
PLANT, EXCEPT AS AUTHORIZED UNDER THE MISSISSIPPI HEMP ACT, THE 23
LIGHT ALCOHOLIC BEVERAGE STATUTES, OR THE MISSISSIPPI MEDICAL 24
CANNABIS ACT; TO PROHIBIT THE MANUFACTURE, PRODUCTION OR SALE OF 25
ANY HEMP PRODUCT CONTAINING SYNTHETIC CANNABINOID; TO PROHIBIT THE 26
SALE OF ANY CONSUMABLE HEMP PRODUCT TO ANY PERSON UNDER THE AGE OF 27
21 YEARS; TO CREATE NEW CODE SECTIONS TO REQUIRE THAT LABELS FOR 28
HEMP PRODUCTS BE APPROVED BY THE DEPARTMENT; TO REQUIRE THAT A 29
FINALIZED SAMPLE OF FINISHED HEMP PRODUCTS HAVE A CERTIFICATE OF 30
ANALYSIS; TO PROVIDE CERTAIN REQUIREMENTS FOR CONSUMABLE FOOD 31
MANUFACTURING DISTRIBUTORS; TO REQUIRE A LICENSED ENTITY TO 32
PROVIDE A QUARTERLY REPORT TO THE DEPARTMENT; TO REQUIRE THE 33
DEPARTMENT TO IMPLEMENT AN ELECTRONIC REPORTING SYSTEM; TO PROVIDE 34
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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THAT ANY CONSUMABLE FOOD MANUFACTURING DISTRIBUTOR OR CONSUMABLE 35
HEMP MANUFACTURER, PROCESSOR, WHOLESALER OR RETAILER THAT FAILS TO 36
TIMELY REPORT HEMP PRODUCTS PURCHASED OR SOLD IN MISSISSIPPI, OR 37
THAT PURCHASES OR SELLS ANY UNLAWFUL HEMP PRODUCT, SHALL BE 38
SUBJECT TO A FINE AS PRESCRIBED BY THE DEPARTMENT, AND TO DIRECT 39
THAT SUCH FINES BE DEPOSITED INTO THE STATE GENERAL FUND; TO 40
IMPOSE A 3% EXCISE TAX ON CONSUMABLE HEMP PRODUCTS AND TO DIRECT 41
THAT PROCEEDS OF SUCH TAX BE DEPOSITED INTO THE STATE GENERAL 42
FUND; TO AMEND SECTIONS 69-25-211, 69-25-215, 69-25-219, 69-25-221 43
AND 69-25-223, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 44
PRECEDING PROVISIONS; TO AMEND SECTION 41-137-45, MISSISSIPPI CODE 45
OF 1972, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON OR ENTITY 46
TO SELL OR TRANSFER PRODUCTS DERIVED FROM ANY CANNABIS PLANT TO 47
INDIVIDUALS IN THE STATE OF MISSISSIPPI, WITH CERTAIN EXCEPTIONS; 48
TO PROVIDE PENALTIES FOR A PERSON OR BUSINESS ENTITY THAT 49
UNLAWFULLY SELLS CANNABIS DERIVED PRODUCTS; TO REVISE CERTAIN 50
INTENT REQUIREMENTS; TO CREATE NEW CODE SECTIONS TO REQUIRE EVERY 51
MANUFACTURER OF A CONSUMABLE HEMP PRODUCT THAT IS SOLD FOR RETAIL 52
SALE IN MISSISSIPPI TO EXECUTE AND DELIVER TO THE DEPARTMENT OF 53
REVENUE A CERTIFICATION FORM THAT SEPARATELY LISTS EACH BRAND 54
NAME, CATEGORY, PRODUCT NAME AND FLAVOR FOR EACH CONSUMABLE HEMP 55
PRODUCT THAT IS SOLD IN MISSISSIPPI; TO DIRECT THE DEPARTMENT OF 56
REVENUE TO MAINTAIN AND MAKE PUBLICLY AVAILABLE ON ITS OFFICIAL 57
WEBSITE A DIRECTORY THAT LISTS ALL CONSUMABLE HEMP PRODUCT 58
MANUFACTURERS, BRAND NAMES, CATEGORIES, PRODUCT NAMES AND FLAVORS 59
FOR WHICH CERTIFICATION FORMS HAVE BEEN SUBMITTED AND APPROVED BY 60
THE DEPARTMENT OF REVENUE, AND TO UPDATE THE DIRECTORY AT LEAST 61
MONTHLY TO ENSURE ACCURACY; TO PROVIDE THAT CONSUMABLE HEMP 62
PRODUCTS NOT LISTED IN THE DIRECTORY AND INTENDED FOR RETAIL SALE 63
IN MISSISSIPPI SHALL BE SUBJECT TO SEIZURE, FORFEITURE AND 64
DESTRUCTION, AND MAY NOT BE PURCHASED OR SOLD FOR RETAIL SALE IN 65
MISSISSIPPI; TO PROVIDE A PENALTY FOR THE RETAIL SALE OF 66
CONSUMABLE HEMP PRODUCTS NOT INCLUDED IN THE DIRECTORY AND TO 67
DIRECT THAT SUCH PENALTIES BE DEPOSITED INTO THE STATE GENERAL 68
FUND; TO REQUIRE THAT CONSUMABLE HEMP PRODUCTS MAY NOT BE SOLD OR 69
OFFERED FOR SALE UNLESS CERTAIN CLEARLY VISIBLE NOTICE IS POSTED 70
AT THE LOCATION WHERE THE CONSUMABLE HEMP PRODUCT IS AVAILABLE FOR 71
PURCHASE; TO PROVIDE FINES FOR SELLING OR OFFERING TO SELL 72
CONSUMABLE HEMP PRODUCTS WITHOUT SUCH NOTICE AND TO DIRECT THAT 73
SUCH FINES SHALL BE DEPOSITED INTO THE STATE GENERAL FUND; TO 74
PROHIBIT THE SALE OF CONSUMABLE HEMP PRODUCTS TO AND THE 75
POSSESSION OF CONSUMABLE HEMP PRODUCTS BY MINORS; TO PROHIBIT 76
AUTHORIZED RETAIL DISTRIBUTORS FROM OBTAINING CONSUMABLE HEMP 77
PRODUCTS FROM UNAUTHORIZED SOURCES; TO AMEND SECTIONS 67-3-1, 78
67-3-3, 67-3-5, 67-3-7, 67-3-9, 67-3-13, 67-3-15, 67-3-17, 79
67-3-19, 67-3-22, 67-3-25, 67-3-27, 67-3-29, 67-3-41, 67-3-45, 80
67-3-46, 67-3-48, 67-3-48.1, 67-3-49, 67-3-51, 67-3-52, 67-3-53, 81
67-3-54, 67-3-55, 67-3-57, 67-3-59, 67-3-61, 67-3-63, 67-3-65, 82
67-3-67, 67-3-69, 67-3-70, 67-3-73, 67-3-74, 67-1-5, 67-1-18, 83
67-1-51, 67-1-51.1, 67-1-72, 67-7-3, 67-7-5, 67-7-7, 67-7-9, 84
67-7-11, 67-9-1, 27-65-241, 27-71-301, 27-71-303, 27-71-307, 85
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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27-71-311, 27-71-315, 27-71-317, 27-71-325, 27-71-327, 27-71-333, 86
27-71-335, 27-71-345, 27-71-349, 27-71-509, 45-9-101 AND 97-5-49, 87
MISSISSIPPI CODE OF 1972, TO LEGALIZE THE MANUFACTURE AND SALE OF 88
HEMP BEVERAGES, TO BE REGULATED AND TAXED IN THE SAME MANNER AS 89
BEER, LIGHT WINE AND LIGHT SPIRIT PRODUCTS, GENERICALLY REFERRED 90
TO AS "LIGHT INTOXICATING BEVERAGES"; TO PROVIDE A CURRENT 91
DEFINITION OF "HEMP BEVERAGE," AND TO PROVIDE THAT EFFECTIVE ON 92
NOVEMBER 12, 2026, "HEMP BEVERAGE" MEANS A NONALCOHOLIC BEVERAGE 93
THAT MEETS THE DEFINITION OF "INTOXICATING HEMP PRODUCT" IN 94
SECTION 69-25-203, IS SOLD IN CONTAINERS OF NO SIZE OTHER THAN 12 95
FLUID OUNCES, AND CONTAINS NO MORE THAN THE TOTAL AMOUNT OF THC 96
PERMITTED IN FINAL HEMP-DERIVED CANNABINOID PRODUCTS AS DEFINED IN 97
7 USC § 1639o; TO REMOVE THE PARENTAL CONSENT EXEMPTION FOR 98
PERSONS AT LEAST 18 YEARS OLD BUT UNDER 21; TO REVISE CERTAIN 99
PROVISIONS REGARDING NOTICE TO PERMIT HOLDERS OF COMPLAINTS OR 100
VIOLATIONS; AND FOR RELATED PURPOSES. 101
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 102
SECTION 1. Section 69-25-201, Mississippi Code of 1972, is 103
amended as follows: 104
69-25-201. Short title; exclusivity. (1) This article 105
shall be known as the "Mississippi Hemp * * * Act." The 106
regulation of hemp cultivation and processing shall be governed 107
exclusively by the provisions of the Mississippi Hemp * * * Act. 108
A municipality, county or other political subdivision of this 109
state shall not enact, adopt or enforce a rule, ordinance, order, 110
resolution or other regulation that allows, prohibits or penalizes 111
the cultivation, production or processing of hemp in this state. 112
(2) The manufacture, production, distribution and sale of 113
consumable hemp products shall be regulated under this article. 114
Unless otherwise specifically referenced in this article, the 115
manufacture, production, distribution and sale of consumable hemp 116
products that are beverages shall be regulated under Chapter 3, 117
Title 67, Mississippi Code of 1972. 118
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(3) The provisions of the Uniform Controlled Substances Law, 119
Section 41-29-101 et seq., shall not apply to the manufacture, 120
production, distribution or sale of consumable hemp products 121
regulated under this article or to the manufacture, production, 122
distribution or sale of consumable hemp products that are 123
beverages regulated under Chapter 3, Title 67, Mississippi Code of 124
1972. 125
SECTION 2. Section 69-25-203, Mississippi Code of 1972, is 126
amended as follows: 127
69-25-203. Definitions. For purposes of this article, the 128
following words and phrases shall have the meanings set forth 129
below unless the context clearly indicates otherwise: 130
* * * 131
( * * *a) "Business entity" means a nonnatural person 132
and includes nonprofit and for-profit corporations, partnerships, 133
limited liability corporations, and other legal entities 134
recognized by law. 135
* * * 136
(b) "Consumable hemp product" means a finished product 137
that includes part of the hemp plant, including naturally derived 138
cannabinoids, compounds, concentrates, extracts, isolates, or 139
derivatives, that is intended for human consumption and not 140
marketed for intoxicating effect, and is: 141
(i) A cosmetic that meets the federally defined 142
THC level; 143
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(ii) Any product Generally Recognized as Safe 144
(GRAS) by the United States Food and Drug Administration under the 145
Federal Food, Drug, and Cosmetic Act, 21 USC § 301 et seq.; or 146
(iii) A product that has no more than four-tenths 147
(0.4) of a milligram of total THC per container and minimum ratio 148
of cannabidiol (CBD) to tetrahydrocannabinol (THC) of greater than 149
15 to one (15:1); and is: 150
1. A full spectrum hemp extract or 151
cannabinoid hemp product containing multiple hemp-derived 152
cannabinoids, terpenes and other naturally occurring compounds, 153
processed without the intentional complete removal of any compound 154
and without the addition of isolated cannabinoids; or 155
2. A product primarily containing and 156
marketed as Cannabidiol ("CBD"), Cannabichromene ("CBC"), 157
Cannabigerol ("CBG"), Cannabinol ("CBN"), Cannabidivarin ("CBDV"), 158
Cannabicitran ("CBT"), Cannabicyclol ("CBL"), Cannabielsoin 159
("CBE") or Tetrahydrocannabivarin ("THC-V"). 160
(c) "Consumable hemp distributor" means any individual, 161
partnership, corporation, cooperative association or other 162
business entity that receives raw hemp, hemp floral material, 163
extracts, distillates, isolates or any extracted form of hemp as 164
long as it is extracted from hemp for the manufacturing, 165
distribution and/or processing of any consumable hemp product 166
including, but not limited to, edibles, tinctures, smokables, 167
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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vaporization devices, lubricants, salves, lotions, hemp floral 168
material, concentrates, distillates and/or liquids. 169
(d) "Consumable hemp manufacturer" means any 170
individual, partnership, corporation, cooperative association or 171
other business entity that is licensed by the department that 172
manufactures or intends to manufacture a consumable hemp product 173
from unprocessed hemp or hemp extract. 174
(e) "Consumable hemp retailer" means a dealer licensed 175
by the department, other than a consumable hemp wholesaler, whose 176
principal business is that of selling merchandise at retail, 177
including online sales, and who sells consumable hemp products. 178
(f) "Consumable hemp wholesaler" means a dealer 179
licensed by the department whose principal business is that of a 180
wholesale dealer, and who is known to the trade as such, that 181
sells any consumable hemp products to licensed consumable hemp 182
retailers only for the purpose of resale to consumers. 183
(g) "Consumption" means any method of ingestion of or 184
application to the body, including eating, drinking, inhaling, 185
absorbing or injecting. 186
(h) "Container" means any final packaged product that 187
is offered, intended for sale or sold to a consumer in the form of 188
a package, can, bottle, bag, or other receptacle that can hold 189
hemp or consumable hemp products. Containers do not include exit 190
packaging or a shipping container or an outer wrapping used solely 191
for the transport of products in bulk quantity. Containers shall 192
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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be labeled according to the specific requirements promulgated by 193
the department as set forth in Section 7 of this article. 194
( * * *i) "Delta-9-tetrahydrocannabinol" means the sum 195
of the percentage by weight of tetrahydrocannabinol acid 196
multiplied by eight hundred seventy-seven thousandths (0.877) plus 197
the percentage by weight of delta-9-tetrahydrocannabinol. 198
( * * *j) "Department" means the * * * State Department 199
of Health. 200
(k) "Federally defined THC level" means the lesser of: 201
a delta-9 tetrahydrocannabinol concentration of not more than 0.3 202
percent on a dry weight basis for hemp or as otherwise defined in 203
7 USC § 1639o. 204
( * * *l) "Grower" means a person, business entity, 205
joint venture or cooperative that cultivates, grows or harvests 206
hemp. 207
( * * *m) "Hemp" means the plant Cannabis sativa L. and 208
any part of that plant, including the seeds thereof and all 209
derivatives, extracts, cannabinoids, isomers, acids, salts and 210
salts of isomers, whether growing or not, with a 211
delta-9-tetrahydrocannabinol (THC) concentration of not more 212
than * * * the federally defined THC level. 213
(n) "Intoxicating Hemp Product" means a finished 214
product intended for human consumption that is derived from or 215
contains hemp or hemp extract and contains a total THC 216
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concentration that exceeds zero percent (0.0%) when tested in its 217
finished form. 218
(i) Intoxicating hemp products include, but are 219
not limited to: 220
1. Delta-10 THC and its isomers; 221
2. Delta-9 THC and its isomers; 222
3. Delta-8 THC and its isomers; 223
4. Delta-7 THC and its isomers; 224
5. Delta-6a, 10a THC and its isomers; 225
6. Exo-tetrahydrocannabinol; 226
7. Metabolites of THC, including 227
11-hydroxy-THC, 3-hydroxy-THC or 7-hydroxy-THC; 228
8. Hydrogenated forms of THC, including 229
hexahydrocannabinol, hexaydrocannabiphrol and 230
hexahydrocannabihexol; 231
9. Synthetic forms of THC, including 232
dronabinol; 233
10. Ester forms of THC, including delta-8 234
THC-O-acetate, delta-9 THC-O-acetate and 235
hexahydrocannabinol-O-acetate; 236
11. Tetrahydrocannabivarins, including 237
delta-8 tetrahydrocannabivarin but excluding delta-9 238
tetrahydrocannabivarin; 239
12. Analogues or tetrahydrocannabinols with 240
an alkyl chain of four (4) or more carbon atoms, including 241
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tetrahydrocannabiphorols, tetrahydrocannabioctyls, 242
tetrahydocannabihexols or tetrahydrocannabutols; 243
13. Any combination of the compounds, 244
including hexahydrocannabiphorol-o-ester; and 245
14. Any other cannabinoid classified as an 246
intoxicant by rule of the department. 247
(ii) The term "intoxicating hemp product" does not 248
include a consumable hemp product, as defined in paragraph (b) of 249
this section and regulated under this article, or cannabis or a 250
cannabis product, as defined by and regulated under the 251
Mississippi Medical Cannabis Act. 252
( * * *o) "Legal description of land" means Global 253
Position System coordinates and shall also include the metes and 254
bounds to include township, range, and section for the location in 255
which hemp is grown. 256
( * * *p) "Person" means any person, firm, association, 257
corporation or business entity. 258
( * * *q) "Processor" means * * * any individual, 259
partnership, corporation, cooperative association or business 260
entity * * * that receives hemp for processing into commodities, 261
products * * *, hemp seed or hemp extract for use in consumable 262
hemp products. A processor also includes any such entity that 263
brokers and/or stores hemp. 264
(r) "State Health Officer" means the Executive Director 265
of the State Department of Health. Where applicable under the 266
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provisions of this article, "State Health Officer" includes the 267
State Health Officer's designee. 268
( * * *s) "State plan" means the plan contemplated by 7 269
CFR Part 990 Subpart B that a state must file for approval with 270
the United States Secretary of Agriculture. 271
(t) "Synthetic cannabinoid" means any cannabinoid or 272
cannabinoid-like compound produced artificially, whether produced 273
from chemical synthesis, chemical conversion or chemical 274
modification, including, but not limited to, biosynthesis using 275
recombinant biological agents or other bioconversion method. 276
(i) The term "synthetic cannabinoid" includes, but 277
is not limited to, any of the following cannabinoids any 278
compounds, acetates, substances, salts, derivatives, or isomers of 279
such compounds: 280
1. Delta-6-tetrahydrocannabinol(D6-THC) and 281
its isomers; 282
2. Delta-8-tetrahydrocannabinol (D8-THC) and 283
its isomers; 284
3. Delta-10-tetrahydrocannabinol (D10-THC) 285
and its isomers; 286
4. Hexahydrocannabinol (HHC); 287
5. Tetrahydrocannabinol acetate (THC-OA); 288
6. Tetrahydrocannabiphorol (THCP); 289
7. Delta-9(11) exo-tetrahydrocannabinol 290
(Exo-THC); 291
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8. Tetrahydrocannabivarin (THCV) (including 292
delta 8-tetrahydrocannabivarin but excluding delta-9- 293
tetrahydrocannabivarin); and 294
9. Any other cannabinoid deemed synthetic by 295
the department. 296
(ii) The term "synthetic cannabinoid" excludes any 297
compounds approved by the United States Food and Drug 298
Administration and obtained by lawful prescription through a 299
licensed pharmacy. 300
(u) "THC" means delta-9-tetrahydrocannabinol. 301
(v) "Total THC" means the total concentration of all 302
tetrahydrocannabinols, including delta-8, delta-9, delta-10, 303
tetrahydrocannabinolic acid and any other chemically similar 304
compound, substance, derivative or isomer of tetrahydrocannabinol, 305
and any other cannabinoid identified by the department. 306
( * * *w) "USDA" means the United States Department of 307
Agriculture. 308
SECTION 3. Section 69-25-207, Mississippi Code of 1972, is 309
amended as follows: 310
69-25-207. Licensing and registration. (1) Pursuant to the 311
provisions of this article, cultivation of hemp, and the 312
distribution, manufacturing, retail sale, wholesale and processing 313
of consumable hemp products, as defined in Section 69-25-203, are 314
authorized in this state. Cultivation, distribution, 315
manufacturing, retail sale, wholesale and processing of hemp and 316
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consumable hemp products are subject to regulation by the 317
department and may only be performed by persons or business 318
entities that hold a valid license or registration issued * * * 319
under this article. 320
(2) The * * * State Health Officer shall create a State Plan 321
for submission to and approval by the United States Department of 322
Agriculture and the United States Secretary of Agriculture. 323
The * * * State Department of Health shall promulgate such 324
reasonable regulations as necessary to implement the State Plan 325
and provisions of this article. The * * * department shall be 326
authorized to promulgate any rule or regulation deemed necessary 327
for the administration of the provisions of this article in 328
compliance with any federal law, rule or regulation promulgated by 329
the United States Department of Agriculture. 330
(3) The department is authorized to accept applications, and 331
issue licenses and/or registrations for all hemp growers * * *, 332
consumable hemp distributors, consumable hemp manufacturers, 333
consumable hemp processors, consumable hemp retailers and 334
consumable hemp wholesalers. The department shall adopt and 335
enforce all rules and regulations related to those licenses and/or 336
registrations. 337
(4) All hemp growers and all consumable hemp manufacturers, 338
distributors, wholesalers and retailers must be licensed by the 339
department. 340
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(5) All consumable hemp processors must register with the 341
department. 342
(6) All consumable hemp distributors, consumable hemp 343
manufacturers, consumable hemp retailers and consumable hemp 344
wholesalers shall be required to obtain a license from the 345
department, including any consumable hemp operator located outside 346
the State of Mississippi that wishes to sell or offer for sale any 347
consumable hemp product in the State of Mississippi. 348
(7) All consumable hemp manufacturers and distributors 349
shall: 350
(a) Hold a current food manufacturing license 351
specializing in consumable hemp, from the Mississippi Department 352
of Health, or from the health department of the state within the 353
United States where the entity's facility resides; 354
(b) Have a current food manufacturing license issued by 355
the Mississippi Department of Health, or by the health department 356
of the state within the United States where the entity's facility 357
resides, specializing in consumable hemp products; 358
(c) Have the authority to designate authorized agents 359
for the purposes of wholesaling consumable hemp products to 360
Mississippi licensed wholesalers or retailers; 361
(d) Be responsible for notifying the department of any 362
designated agents; and 363
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(e) Obtain and offer for sale anti-counterfeiting scan 364
codes for distribution of any consumable hemp product approved by 365
the department. 366
( * * *8) All * * * license holders * * * shall keep and 367
maintain * * * records in accordance with rules and regulations 368
adopted and enforced by the department. The department may 369
subject the required records to inspection. The department may 370
make an inspection for the purpose of ensuring compliance with: 371
(a) USDA guidelines; 372
(b) Provisions of this article; 373
(c) Department rules and regulations; 374
(d) Any terms or conditions of a license issued 375
hereunder; 376
(e) Registration with the department; or 377
(f) A final department order directed to the * * * 378
licensee's hemp operations or activities. 379
( * * *9) All * * * licensees shall be subject to a 380
background investigation conducted by the Department of Public 381
Safety, which shall include both a state and federal background 382
check. 383
(10) The department shall be responsible for the licensing 384
of all distributors, manufacturers, retailers and wholesalers of 385
consumable hemp products other than beverages and shall begin 386
issuing licenses to such businesses on July 1, 2026. The 387
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nonrefundable annual license fees to be collected by the 388
department are as follows: 389
(a) For a consumable hemp retailer, Two Hundred Dollars 390
($200.00); 391
(b) For a consumable hemp wholesaler, Two Hundred Fifty 392
Dollars ($250.00); 393
(c) For a consumable hemp manufacturer, Five Hundred 394
Dollars ($500.00); and 395
(d) For a consumable hemp processor, Two Hundred Fifty 396
Dollars ($250.00). 397
(11) Fees collected under this section shall be deposited 398
into the State General Fund. 399
SECTION 4. Section 69-25-213, Mississippi Code of 1972, is 400
amended as follows: 401
69-25-213. Negligent violations. (1) Upon a determination 402
by the * * * State Health Officer or his or her designee, the 403
following may constitute negligent violations: 404
(a) Failing to provide a legal description of land on 405
which the grower produces hemp; 406
(b) Failing to obtain a license or other required 407
authorization from the department; 408
(c) Failing to register with the department; 409
(d) Producing Cannabis sativa L. with a 410
delta-9-tetrahydrocannabinol concentration of more than * * * 411
three-tenths percent (0.3%) on a dry weight basis; or 412
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(e) Any other violation of the State Plan, including 413
any rules and regulations set forth by the department. 414
(2) Corrective action plan. (a) A hemp grower shall comply 415
with a plan established by the * * * State Health Officer or his 416
or her designee to correct the negligent violation, including: 417
(i) A reasonable date by which the hemp grower 418
shall correct the negligent violation; and 419
(ii) A requirement that the hemp grower shall 420
periodically report to the * * * State Health Officer or his or 421
her designee regarding the compliance with the corrective plan for 422
a period of not less than the next two (2) calendar years. 423
(b) The department shall notify the Mississippi Bureau 424
of Narcotics of all corrective action plans implemented by 425
the * * * State Health Officer or his or her designee. 426
(3) Result of negligent violation. A hemp grower that 427
negligently violates the State Plan shall not, as a result of that 428
violation, be subject to any criminal enforcement action by a 429
state, county or local government entity. 430
(4) Repeat violations. A hemp grower that negligently 431
violates the State Plan three (3) times in a five-year period 432
shall be ineligible to produce hemp for a period of five (5) years 433
beginning on the date of the third violation. 434
SECTION 5. Section 69-25-217, Mississippi Code of 1972, is 435
amended as follows: 436
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69-25-217. Prohibitions. (1) It shall be unlawful for any 437
person or business entity to: 438
(a) Violate this chapter or any rules or regulations 439
promulgated under this chapter; 440
(b) Fail to comply with a corrective action plan issued 441
by the * * * State Health Officer under Section 69-25-213(2); 442
(c) Transport hemp or hemp materials in violation of 443
Section 69-25-209 or rules or regulations adopted under this 444
chapter; 445
(d) Cultivate or grow hemp with a 446
delta-9-tetrahydrocannabinol (THC) concentration of more than 447
three-tenths percent (0.3%) on a dry weight basis; 448
(e) Manufacture or produce any product derived from 449
cannabis, as defined in Section 41-137-3, for sale within the 450
State of Mississippi, except as authorized under this article, 451
under Chapter 3, Title 67, Mississippi Code of 1972, or under the 452
Mississippi Medical Cannabis Act; 453
(f) Sell any product derived from cannabis, as defined 454
in Section 41-137-3, within the State of Mississippi or to 455
Mississippi consumers, except as authorized under this article, 456
under Chapter 3, Title 67, Mississippi Code of 1972, or under the 457
Mississippi Medical Cannabis Act; 458
(g) Manufacture, distribute, sell or market a 459
consumable hemp product that is not reported to the department as 460
required by this article; 461
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(h) Manufacture, produce or sell any intoxicating hemp 462
product, unless the person is authorized to sell hemp beverages 463
pursuant to Section 67-3-1 et seq., and is compliant with the age 464
restriction and registration requirements provided by Sections 465
69-25-217(i) and 69-25-207, and such beverages do not exceed five 466
(5) milligrams of THC and are packaged in a twelve (12) fluid 467
ounce container. Effective on November 12, 2026, "hemp beverage," 468
as defined in Section 67-3-3, means a nonalcoholic beverage that 469
meets the definition of "intoxicating hemp product" in Section 470
69-25-203, is sold in containers of no size other than twelve (12) 471
fluid ounces, and contains no more than the total amount of THC 472
permitted in final hemp-derived cannabinoid products as defined in 473
7 USC § 1639o; 474
(i) Manufacture, produce or sell any hemp product that 475
contains a synthetic cannabinoid; 476
(j) Sell any consumable hemp product to any person 477
under the age of twenty-one (21) years; or 478
(k) Market or promote a consumable hemp product or 479
other hemp product: 480
(i) For its intoxicating effect; 481
(ii) As containing THC; or 482
(iii) With unlawful drug or health claims. 483
(2) Any person or business entity that * * * violates this 484
provision of this chapter relating to hemp production, 485
manufacture, sale, distribution or processing shall be guilty of a 486
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misdemeanor and, upon conviction of the violation, shall be fined 487
in an amount not to exceed Five Thousand Dollars ($5,000.00), or 488
sentenced to imprisonment in the county jail for not more than one 489
(1) year, or both such fine and imprisonment. 490
(3) Notwithstanding subsection (2) of this section, any 491
person or entity that manufactures or sells an intoxicating hemp 492
product, unless such person or entity is authorized to sell hemp 493
beverages pursuant to Section 67-3-1 et seq., shall be guilty of a 494
felony. 495
( * * *4) Notwithstanding subsection (2) of this section, if 496
any person or entity * * * cultivates or grows hemp with a 497
delta-9-tetrahydrocannabinol (THC) concentration of more than one 498
percent (1%) on a dry weight basis that person or entity shall be 499
guilty of a felony punishable by imprisonment for not more than 500
five (5) years, or a fine of not more than Ten Thousand Dollars 501
($10,000.00), or both such fine and imprisonment. 502
* * * 503
SECTION 6. The following shall be codified as a separate 504
section in Article 4 of Chapter 25, Title 69, Mississippi Code of 505
1972. 506
69-25- . Labeling; certificates of analysis. (1) All 507
labels for any consumable hemp product shall be approved by the 508
department. 509
(2) A finalized sample of any finished consumable hemp 510
product shall have a complete certificate of analysis (COA) from a 511
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qualified testing facility or laboratory, as determined by the 512
department, that analyzes the safety and potency of consumable 513
hemp products, and such COA shall be provided to the department by 514
the licensed consumable hemp manufacturer or distributor 515
responsible for each consumable hemp product manufactured or 516
distributed in this state. 517
SECTION 7. The following shall be codified as a separate 518
section in Article 4 of Chapter 25, Title 69, Mississippi Code of 519
1972. 520
69-25- . Manufacture and distribution of consumable hemp. 521
(1) Consumable hemp manufacturers and distributors shall: 522
(a) Have the authority to designate authorized agents 523
for the purposes of wholesaling consumable hemp products to 524
Mississippi licensed consumable hemp wholesalers or retailers; 525
(b) Be responsible for notifying the department of any 526
designated agents; and 527
(c) Obtain and offer for sale anti-counterfeiting scan 528
codes for distribution of any consumable hemp product approved by 529
the department. 530
(2) Consumable food manufacturing distributors may sell to 531
licensed wholesalers, licensed retailers and directly to 532
consumers. 533
SECTION 8. The following shall be codified as a separate 534
section in Article 4 of Chapter 25, Title 69, Mississippi Code of 535
1972. 536
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69-25- . Licensee requirements, recordkeeping and tracking. 537
(1) (a) Any entity licensed with the department as provided in 538
this article shall submit a report on a quarterly basis, due by 539
the twentieth of the following month, detailing any hemp product 540
manufactured, distributed, purchased or sold at wholesale, or sold 541
at retail. 542
(b) Any consumable hemp manufacturer, distributor, 543
wholesaler or retailer shall pay a fine of One Thousand Dollars 544
($1,000.00) to the department for failing to report, by the 545
twentieth of the following month, hemp products purchased or sold 546
in Mississippi. 547
(c) An electronic reporting system shall be implemented 548
by the department. 549
(2) In addition to the penalties set forth in Section 550
41-137-45(13), any consumable hemp manufacturer, distributor, 551
wholesaler or retailer shall be subject to a fine of Two Thousand 552
Dollars ($2,000.00) per incident for purchasing or selling any 553
unlawful hemp product. 554
(3) Fines collected under this section shall be deposited 555
into the State General Fund. 556
SECTION 9. The following shall be codified as a separate 557
section in Article 4 of Chapter 25, Title 69, Mississippi Code of 558
1972. 559
69-25- . Excise tax. (1) There is imposed, levied and 560
assessed an excise tax on consumable hemp products not otherwise 561
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taxed under Section 27-71-307. A manufacturer or processor shall 562
collect and remit an excise tax on forms and in a manner specified 563
by the Commissioner of Revenue. The excise tax on such consumable 564
hemp products shall be based on the sales price for which a 565
manufacturer or processor sells to a wholesaler or retailer, and 566
the rate of the excise tax shall be three percent (3%) of such 567
sales price. The proceeds of such tax shall be deposited into the 568
State General Fund. 569
(2) The excise tax imposed by this section shall apply 570
regardless of the ownership of the manufacturing or processing 571
facility to which the manufacturer or processor sells or transfers 572
the consumable hemp products, as the case may be. 573
(3) All provisions of the sales tax law, including those 574
which fix damages, penalties and interest for nonpayment of taxes 575
and for noncompliance, and all other requirements and duties 576
imposed on a taxpayer, shall apply to all persons liable for taxes 577
under this section. The Commissioner of Revenue shall exercise 578
all power and authority and perform all duties with respect to 579
taxpayers under this section as are provided in the sales tax law; 580
however, in the event of conflict, this section shall control. 581
SECTION 10. Section 69-25-211, Mississippi Code of 1972, is 582
amended as follows: 583
69-25-211. Enforcement. (1) (a) The * * * State Health 584
Officer or his or her designee may enter, at reasonable times, 585
upon any public or private property at which hemp is being 586
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cultivated or processed, or a consumable hemp product is 587
manufactured, distributed, processed or sold at wholesale or 588
retail for the purpose of determining compliance with this * * * 589
article and rules adopted under it. The * * * State Health 590
Officer may apply for, and any judge of a court of competent 591
jurisdiction, may issue a search warrant as is necessary to 592
achieve the purposes of this * * * article relating to things, 593
property or places within the court's territorial jurisdiction. 594
(b) If the * * * State Health Officer or his or her 595
designee determines that emergency conditions exist requiring 596
immediate action necessary to protect public health or safety of 597
the environment, the * * * State Health Officer or his or her 598
designee may issue an order stating the existence of such 599
conditions and requiring specific actions be taken to mitigate 600
those conditions without providing prior notice or an adjudication 601
hearing. 602
(c) Any person to whom such an order is issued shall 603
immediately comply with that order, and may apply to the * * * 604
State Health Officer for an adjudication hearing. Upon receiving 605
an application for an adjudication hearing, the * * * State Health 606
Officer shall hold the hearing as soon as practicable and not 607
later than thirty (30) days after receipt of the application. On 608
the basis of the hearing, the * * * State Health Officer shall 609
continue the order in effect, revoke it, or modify it. 610
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(d) In addition to any other available remedies, 611
the * * * State Health Officer or the Mississippi Attorney General 612
may apply to the circuit court in the county where any provision 613
of this * * * article or an order issued under paragraph (b) of 614
this subsection is being violated for an injunction restraining 615
any person from continuing the violation. 616
(e) An employee of the state or any division, 617
agency * * * or institution thereof involved in the administration 618
and/or enforcement of this article, shall not be subject to 619
prosecution for violations related to possession or transportation 620
of hemp or cannabis in conjunction with the employee's duties 621
arising under this * * * article. 622
(2) In addition to any other liability or penalty provided 623
by law, the department may revoke or refuse to issue or renew a 624
hemp grower license * * *, hemp processor registration or any 625
consumable hemp operator license issued under this article and may 626
impose a civil penalty for violations of: 627
(a) A license or registration requirement; 628
(b) License or registration terms or conditions; 629
(c) Department rules and regulations relating to the 630
growing or processing, distribution, manufacture, wholesale or 631
retail sale of hemp or consumable hemp products; or 632
(d) A final order of the department that is 633
specifically directed to the * * * operator's licensee or * * * 634
registrant's hemp operations or activities. 635
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(3) The department may review any records of a licensee or 636
registrant that manufacturers, distributes, processes or sells 637
consumable hemp products subject to this article as necessary to 638
confirm compliance with this article. 639
( * * *4) The department may impose administrative penalties 640
for violations under this section in * * * substantially the same 641
manner as provided for the Department of Agriculture and Commerce 642
in Section 69-25-51. 643
(5) If an investigation results in reasonable cause to 644
believe that a violation of this article has occurred, the 645
investigating agency may issue a cease and desist order. The 646
order is effective upon service. Proof of service constitutes 647
notice to the person of the existence and contents of the order. 648
(6) The investigating agency may assess a penalty of not 649
more than One Thousand Dollars ($1,000.00) per day, per violation 650
for each day the cease and desist order is violated. Any person 651
or business entity that violates this provision of this chapter, 652
rules promulgated thereunder, or a final cease and desist order 653
issued under this section, shall be fined in an amount not to 654
exceed Ten Thousand Dollars ($10,000.00) per day, per violation. 655
(7) The department may suspend, deny or revoke a license or 656
registration in the event of a violation or pursuant to rules 657
promulgated by the department. 658
(8) In addition to the penalties set forth in Section 659
69-25-217(2) of this article, any person who sells or offers for 660
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sale a consumable hemp product without proper notice as provided 661
in this section shall be fined not less than Five Hundred Dollars 662
($500.00) for the first offense and not more than One Thousand 663
Dollars ($1,000.00) for each subsequent offense. Each violation, 664
and every day in which a violation occurs, constitutes a separate 665
violation. 666
(9) Any fines collected under this section shall be 667
deposited into the State General Fund. 668
(10) In addition to peace officers within their 669
jurisdiction, all law enforcement officers of the Department of 670
Health and the Department of Revenue may enforce the provisions 671
made unlawful by this chapter. 672
SECTION 11. Section 69-25-215, Mississippi Code of 1972, is 673
amended as follows: 674
69-25-215. Nonnegligent violations. If a hemp grower 675
violates the State Plan, including growing hemp containing a 676
delta-9-tetrahydrocannabinol (THC) concentration that exceeds 677
three-tenths percent (0.3%) on a dry * * * weight basis or a 678
tolerance range as specified by USDA, with a culpable mental state 679
greater than negligence as determined by the department, the * * * 680
State Health Officer shall immediately report the violation and 681
the hemp grower to the United States Attorney General, the 682
Mississippi Attorney General and the Mississippi Public Safety 683
Commissioner. Such violations shall also be referred to the 684
Mississippi Bureau of Narcotics for investigation. The Bureau of 685
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Narcotics may detain, seize and/or destroy the crop and may 686
initiate a criminal case for any violation of this article or the 687
Mississippi Uniform Controlled Substances Law. The Mississippi 688
Attorney General shall, in person or by his or her designee, 689
prosecute all criminal actions related to violations arising under 690
this * * * article relating to hemp, on behalf of the state. 691
Violations of the State Plan that involve culpability greater than 692
negligence must be reported to the United States Attorney General 693
and the Mississippi Attorney General. The provisions of Section 694
69-25-213 shall not apply to nonnegligent violations. 695
SECTION 12. Section 69-25-219, Mississippi Code of 1972, is 696
amended as follows: 697
69-25-219. General provisions. (1) Any person convicted of 698
a felony relating to a controlled substance under state or federal 699
law before, on or after * * * June 29, 2020 shall be ineligible, 700
during the ten-year period following the date of the conviction to 701
participate in the program established under this article and to 702
produce hemp under any regulations or guidelines issued under this 703
article. 704
(2) Any person who materially falsifies any information 705
contained in an application to participate in the State Plan 706
established under this article shall be ineligible to participate 707
in the State Plan. 708
(3) In addition to any inspection conducted, the department 709
may inspect any hemp crop at any time and take a representative 710
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composite sample for analysis. It shall be the duty of the 711
department to take such samples and deliver them to the State 712
Chemist for examination and analysis. It shall be the duty of the 713
State Chemist to cause as many analyses to be made of samples 714
delivered to him or her by the department as may be necessary to 715
properly implement the intent of this article. The State Chemist 716
shall make a report of such analyses to the department. 717
(4) The department shall charge growers and processors a fee 718
or fees as determined by the department in a sufficient amount to 719
cover the costs required to administer and enforce the provisions 720
of this * * * article. 721
SECTION 13. Section 69-25-221, Mississippi Code of 1972, is 722
amended as follows: 723
69-25-221. Necessity of surety bond. No person shall 724
operate as a hemp processor without first having secured a surety 725
bond pursuant to this section. The * * * department shall 726
promulgate rules and regulations as necessary to require hemp 727
processors to secure a surety bond. A hemp processor may file 728
with the department, in lieu of a surety bond, a certificate of 729
deposit or irrevocable letter of credit from any bank or banking 730
corporation insured by the Federal Deposit Insurance Corporation. 731
Rules and regulations required for certificates of deposit and 732
irrevocable letters of credit shall be promulgated by the * * * 733
department. 734
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SECTION 14. Section 69-25-223, Mississippi Code of 1972, is 735
amended as follows: 736
69-25-223. (1) The provisions of this article which provide 737
authority to the * * * State Department of Health and the State 738
Health Officer to administer the provisions of the "Mississippi 739
Hemp * * * Act * * *" shall be subject to legislative 740
appropriation or receipt of necessary funding from any private or 741
public entity for purposes of implementation. 742
(2) The provisions of this article shall not have any effect 743
upon any programs administered by Mississippi State University, 744
which shall remain exempt, as such programs related to the 745
educational, research or testing functions performed by 746
Mississippi State Chemical Laboratory, shall continue to function 747
in accordance with the mission of the university, as approved by 748
the Board of Trustees of State Institutions of Higher Learning. 749
SECTION 15. Section 41-137-45, Mississippi Code of 1972, is 750
amended as follows: 751
41-137-45. (1) It shall be unlawful for any person or 752
entity to cultivate, process, transport, use, possess, purchase, 753
sell or transfer cannabis except as authorized by this chapter. 754
(2) A cardholder or medical cannabis establishment that 755
purposely or knowingly fails to provide a notice required by 756
Section 41-137-31 is guilty of a civil offense, punishable by a 757
fine of no more than One Thousand Five Hundred Dollars 758
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($1,500.00), which may be assessed and collected by the licensing 759
agency. 760
(3) A medical cannabis establishment or an agent of a 761
medical cannabis establishment that * * * sells or otherwise 762
transfers medical cannabis other than to a cardholder, a 763
nonresident cardholder, or to a medical cannabis establishment or 764
its agent as authorized under this chapter is guilty of a felony 765
punishable by a fine of not more than Ten Thousand Dollars 766
($10,000.00), or by commitment to the custody of the Department of 767
Corrections for not more than two (2) years, or both. A person 768
convicted under this subsection may not continue to be affiliated 769
with the medical cannabis establishment and is disqualified from 770
further participation in the medical cannabis program under this 771
chapter. 772
(4) A cardholder or nonresident cardholder who * * * sells 773
or otherwise transfers medical cannabis to a person or other 774
entity is guilty of a felony punishable by a fine of not more than 775
Three Thousand Dollars ($3,000.00), or by commitment to the 776
custody of the Department of Corrections for not more than two (2) 777
years, or both. A person convicted under this subsection is 778
disqualified from further participation in the medical cannabis 779
program under this chapter. 780
(5) A person who * * * makes a false statement to a law 781
enforcement official about any fact or circumstance relating to 782
the medical use of cannabis to avoid arrest or prosecution is 783
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guilty of a misdemeanor punishable by a fine of not more than One 784
Thousand Dollars ($1,000.00), by imprisonment in the county jail 785
for not more than ninety (90) days, or both. If a person 786
convicted of violating this subsection is a cardholder, the person 787
is disqualified from further participation in the medical cannabis 788
program under this chapter. 789
(6) A person who purposely submits false records or 790
documentation for an application for a license for a medical 791
cannabis establishment under this chapter is guilty of a felony 792
punishable by a fine of not more than Five Thousand Dollars 793
($5,000.00), or by commitment to the custody of the Department of 794
Corrections for not more than two (2) years, or both. A person 795
convicted under this subsection may not continue to be affiliated 796
with the medical cannabis establishment and is disqualified from 797
further participation in the medical cannabis program under this 798
chapter. 799
(7) A practitioner who purposely refers patients to a 800
specific medical cannabis establishment or to a registered 801
designated caregiver, who advertises in a medical cannabis 802
establishment, or who issues written certifications while holding 803
a financial interest in a medical cannabis establishment, is 804
guilty of a civil offense for every false certification and shall 805
be fined up to Five Thousand Dollars ($5,000.00) by the MDOH. 806
(8) Any person, including an employee or official of an 807
agency or local government, who * * * breaches the confidentiality 808
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of information obtained under this chapter is guilty of a 809
misdemeanor punishable by a fine of not more than One Thousand 810
Dollars ($1,000.00), or by imprisonment for not more than one 811
hundred eighty (180) days in the county jail, or both. 812
(9) No person, other than a cannabis processing facility or 813
its agents, complying with this chapter and the rules and 814
regulations promulgated under it, may extract compounds from 815
cannabis that involves a chemical extraction process using a 816
nonhydrocarbon-based or other solvent, such as water, vegetable 817
glycerin, vegetable oils, animal fats, steam distillation, 818
food-grade ethanol, or hydrocarbon-based solvent carbon dioxide. 819
No person may extract compounds from cannabis using ethanol in the 820
presence or vicinity of an open flame. It shall be a felony 821
punishable by commitment to the custody of the Mississippi 822
Department of Corrections for up to three (3) years and a Ten 823
Thousand Dollar ($10,000.00) fine for any person to * * * violate 824
this subsection. 825
(10) A medical cannabis establishment is guilty of a civil 826
offense for any * * * violation of this chapter or the rules and 827
regulations issued under this chapter where no penalty has been 828
specified, and shall be fined not more than Five Thousand Dollars 829
($5,000.00) for each such violation by its licensing agency. 830
(11) The penalties provided for under this section are in 831
addition to any other criminal, civil or administrative penalties 832
provided for under law, rule or regulation. 833
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(12) In addition to peace officers within their 834
jurisdiction, all law enforcement officers of MDOH and MDOR may 835
enforce the provisions made unlawful by this chapter. 836
(13) A person or business entity that sells or otherwise 837
transfers products derived from cannabis to a person in the State 838
of Mississippi, except as authorized under this chapter, under the 839
Mississippi Hemp Act, or under Chapter 3, Title 67, Mississippi 840
Code of 1972, is guilty of a felony punishable by a fine of not 841
more than Ten Thousand Dollars ($10,000.00), or by commitment to 842
the custody of the Department of Corrections for not more than two 843
(2) years, or both. A person convicted under this subsection is 844
disqualified from further participation in the medical cannabis 845
program under this chapter, the hemp program under the Mississippi 846
Hemp Act, and the hemp beverage program under Chapter 3, Title 67, 847
Mississippi Code of 1972. 848
(14) In addition to peace officers within their 849
jurisdiction, all law enforcement officers of the Department of 850
Health and the Department of Revenue may enforce the provisions 851
made unlawful by this chapter. 852
SECTION 16. The following shall be codified as a separate 853
section in Article 4 of Chapter 25, Title 69, Mississippi Code of 854
1972. 855
69-25- . Consumable hemp product directory. (1) By 856
December 1, 2026, and annually thereafter, every licensed 857
consumable hemp manufacturer of a consumable hemp product that is 858
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sold for retail sale in Mississippi, whether such manufacturer is 859
located in or outside the State of Mississippi, shall execute and 860
deliver to the Department of Health a certification, under penalty 861
of perjury, on a form and in a manner prescribed by the Department 862
of Health, that the manufacturer is compliant with this article. 863
(2) The certification form shall separately list each brand 864
name, category (e.g., edible, tincture, smokable, vaporization 865
device, lubricant, salve, lotion, floral material, concentrate, 866
distillate, and/or liquid), product name and flavor for each 867
consumable hemp product that is sold in Mississippi. 868
(3) Starting December 1, 2026, the Department of Health 869
shall maintain and make publicly available on its official website 870
a directory that lists all consumable hemp product manufacturers, 871
brand names, categories (e.g., edible, tincture, smokable, 872
vaporization device, lubricant, salve, lotion, floral material, 873
concentrate, distillate, and/or liquid), product names and flavors 874
for which certification forms have been submitted and approved by 875
the Department of Health and shall update the directory at least 876
monthly to ensure accuracy. The Department of Health shall 877
establish a process to provide licensed consumable hemp retailers, 878
distributors and wholesalers notice of the initial publication of 879
the directory and changes made to the directory in the prior 880
month. 881
(4) After ninety (90) calendar days following publication of 882
the directory, consumable hemp products not listed in the 883
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directory and intended for retail sale in Mississippi are subject 884
to seizure, forfeiture and destruction, and may not be purchased 885
or sold for retail sale in Mississippi. 886
(5) Any person who sells or offers for sale a consumable 887
hemp product for retail sale in Mississippi that is not included 888
in the directory shall be subject to a civil penalty of up to Five 889
Hundred Dollars ($500.00) for each individual consumable hemp 890
product offered for sale in violation of this section until the 891
offending product is removed from the market or until the 892
offending product is properly listed on the directory. 893
(6) The civil penalty collected under this section shall be 894
deposited into the State General Fund. 895
SECTION 17. The following shall be codified as a separate 896
section in Article 4 of Chapter 25, Title 69, Mississippi Code of 897
1972. 898
69-25- . Notice required at point of sale; penalties. (1) 899
A person may not sell or offer for sale a consumable hemp product 900
in the State of Mississippi unless a clearly visible notice is 901
posted at the location where the consumable hemp product is 902
available for purchase. 903
(2) The notice shall provide that: 904
(a) A consumable hemp product contains THC; 905
(b) Women who are pregnant or breastfeeding should not 906
use products that contain THC because of the risk of birth defects 907
and other developmental defects; and 908
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(c) No person under the age of twenty-one (21) may 909
purchase a consumable hemp product. 910
(3) In addition to the penalties set forth in Sections 15 of 911
this article and 69-25-211, any person who sells or offers for 912
sale a consumable hemp product without proper notice as provided 913
in this section shall be fined not less than Five Hundred Dollars 914
($500.00) for the first offense and not more than One Thousand 915
Dollars ($1,000.00) for each subsequent offense. Each violation, 916
and every day in which a violation occurs, constitutes a separate 917
violation. 918
(4) Fines collected under this section shall be deposited 919
into the State General Fund. 920
SECTION 18. The following shall be codified as a separate 921
section in Article 4 of Chapter 25, Title 69, Mississippi Code of 922
1972. 923
69-25- . Sales to minors prohibited; penalties. (1) (a) 924
Any permittee or other person who shall sell, furnish, dispose of, 925
give or cause to be sold, furnished, disposed of or given, any 926
consumable hemp product to any person under the age of twenty-one 927
(21) years shall be guilty of a misdemeanor and shall be punished 928
by a fine of not less than Five Hundred Dollars ($500.00) nor more 929
than One Thousand Dollars ($1,000.00) for a first offense. For a 930
second or subsequent offense, such permittee or other person shall 931
be punished by a fine of not less than One Thousand Dollars 932
($1,000.00) nor more than Two Thousand Dollars ($2,000.00), or by 933
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imprisonment for not more than one (1) year, or by both such fine 934
and imprisonment in the discretion of the court. 935
(b) If a permittee, or any employee of a permittee, 936
violates paragraph (a) of this subsection (1), then, in addition 937
to any other penalty provided for by law, the Chief Health Officer 938
may impose the following penalties against the permittee on whose 939
premises the alcoholic beverages were sold, given or furnished: 940
(i) For the first offense on the licensed 941
premises, suspension of the permit for not more than one (1) week. 942
(ii) For a second offense occurring on the 943
licensed premises within a twelve-month period, suspension of the 944
permit for not more than two (2) weeks. 945
(iii) For a third offense occurring on the 946
licensed premises within a twelve-month period, suspension of the 947
permit for not more than three (3) weeks or revocation of the 948
permit. 949
(iv) For a fourth or subsequent offense occurring 950
on the licensed premises within a twelve-month period, revocation 951
of the permit. 952
A violation of paragraph (a) of this subsection (1) shall be 953
sufficient to impose the administrative penalties authorized under 954
this paragraph (b), and any expunction of conviction shall have no 955
effect on any administrative penalty imposed against a permittee 956
under this paragraph (b). 957
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(2) Any person under the age of twenty-one (21) years who 958
purchases, receives, or has in his or her possession in any public 959
place, any consumable hemp product, shall be guilty of a 960
misdemeanor and shall be punished by a fine of not less than Two 961
Hundred Dollars ($200.00) nor more than Five Hundred Dollars 962
($500.00). Provided, stocking, bagging or otherwise handling 963
purchases of consumable hemp products shall not be deemed 964
possession of consumable hemp products for the purposes of this 965
section. Provided further, that a person who is at least eighteen 966
(18) years of age but under the age of twenty-one (21) years who 967
handles, stocks or delivers to customers shall not be deemed to 968
unlawfully possess or furnish consumable hemp products if in the 969
scope of his or her employment by the holder of an consumable hemp 970
product retailer's permit. Any person under the age of twenty-one 971
(21) who knowingly makes a false statement to the effect that he 972
or she is twenty-one (21) years old or older or presents any 973
document that indicates he or she is twenty-one (21) years of age 974
or older for the purpose of purchasing consumable hemp products 975
from any person engaged in the sale of consumable hemp products 976
shall be guilty of a misdemeanor and shall be punished by a fine 977
of not less than Two Hundred Dollars ($200.00) nor more than Five 978
Hundred Dollars ($500.00), and a sentence to not more than thirty 979
(30) days' community service. 980
(3) The term "community service" as used in this section 981
shall mean work, projects or services for the benefit of the 982
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community assigned, supervised and recorded by appropriate public 983
officials. 984
(4) If a person under the age of twenty-one (21) years is 985
convicted or enters a plea of guilty of purchasing, receiving or 986
having in his or her possession in any public place any consumable 987
hemp products in violation of subsection (2) of this section, the 988
trial judge, in lieu of the penalties otherwise provided under 989
subsection (2) of this section, shall suspend the minor's driver's 990
license by taking and keeping it in the custody of the court for a 991
period of time not to exceed ninety (90) days. The judge so 992
ordering the suspension shall enter upon his docket "DEFENDANT'S 993
DRIVER'S LICENSE SUSPENDED FOR ____ DAYS IN LIEU OF CONVICTION" 994
and such action by the trial judge shall not constitute a 995
conviction. During the period that the minor's driver's license 996
is suspended, the trial judge shall suspend the imposition of any 997
fines or penalties that may be imposed under subsection (2) of 998
this section and may place the minor on probation subject to such 999
conditions as the judge deems appropriate. If the minor violates 1000
any of the conditions of probation, then the trial judge shall 1001
return the driver's license to the minor and impose the fines, 1002
penalties or both, that he or she would have otherwise imposed, 1003
and such action shall constitute a conviction. 1004
SECTION 19. The following shall be codified as a separate 1005
section in Article 4 of Chapter 25, Title 69, Mississippi Code of 1006
1972. 1007
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69-25- . Obtaining consumable hemp products from another 1008
source. Any authorized retail distributor who shall purchase or 1009
receive consumable hemp products from any source except from the 1010
sources as authorized under this article, unless authorized by 1011
rules and regulations of the department, shall be guilty of a 1012
misdemeanor and upon conviction thereof shall be punished by a 1013
fine of not less than Five Hundred Dollars ($500.00), nor more 1014
than Two Thousand Dollars ($2,000.00), to which may be added 1015
imprisonment in the county jail for not more than six (6) months. 1016
Any authorization of such person to sell intoxicating beverages 1017
may be revoked as provided by law. 1018
SECTION 20. Section 67-3-1, Mississippi Code of 1972, is 1019
amended as follows: 1020
67-3-1. The purpose of this chapter is to legalize and 1021
regulate the manufacture and sale within this state of light * * * 1022
intoxicating beverages so as to prevent the illicit manufacture, 1023
sale and consumption of alcoholic beverages as defined in Section 1024
67-1-5, the manufacture and sale of which it is not the purpose of 1025
this chapter to legalize. 1026
SECTION 21. Section 67-3-3, Mississippi Code of 1972, is 1027
amended as follows: 1028
67-3-3. When used in this chapter, unless the context 1029
indicates otherwise: 1030
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(a) "Commissioner" means the Commissioner of 1031
Revenue * * * of the State of Mississippi, and his or her 1032
authorized agents and employees. 1033
(b) "Person" means one or more persons, a company, a 1034
corporation, a partnership, a syndicate or an association. 1035
(c) "Brewpub" shall have the meaning ascribed to such 1036
term in Section 27-71-301. 1037
(d) "Beer" means a malt beverage as defined in the 1038
Federal Alcohol Administration Act and any rules and regulations 1039
adopted pursuant to such act of an alcoholic content of not more 1040
than eight percent (8%) by weight. 1041
(e) "Light wine" means wine of an alcoholic content of 1042
not more than five percent (5%) by weight. 1043
(f) "Small craft brewery" means a person having a 1044
permit under this chapter to manufacture or brew light * * * 1045
intoxicating beverages in this state and who manufactures or brews 1046
not more than sixty thousand (60,000) barrels of light * * * 1047
intoxicating beverage at all breweries that such person or its 1048
affiliates, subsidiary or parent company owns or controls or with 1049
whom such person contracts with for the manufacture of light * * * 1050
intoxicating beverages. For purposes of this paragraph, 1051
contract-brewed beer manufactured by a person having a permit 1052
under this chapter to manufacture or brew light * * * intoxicating 1053
beverages shall be included in the sixty-thousand-barrel 1054
limitation. 1055
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(g) "Growler" means a sealed container that holds not 1056
more than one hundred twenty-eight (128) ounces of light * * * 1057
intoxicating beverage. A growler must have a label on it stating 1058
what it contains. 1059
(h) "Manufacturer" shall have the meaning ascribed to 1060
such term in Section 27-71-301. 1061
(i) "Contract-brewed beer" means beer brewed by a 1062
manufacturer who: 1063
(i) Makes the beer pursuant to a written contract 1064
with another beer manufacturer, and neither entity has a 1065
controlling interest in the other entity; 1066
(ii) Makes the beer in accordance with a recipe 1067
that is a trade secret of the beer manufacturer having its beer 1068
made under contract; and 1069
(iii) Has no right to sell the beer to any other 1070
beer manufacturer, importer or wholesaler other than the beer 1071
manufacturer who contracted for the beer. 1072
(j) "Light spirit product" means a beverage of an 1073
alcoholic content of not more than six percent (6%) by weight and 1074
containing one or more distilled spirits, as defined in Section 1075
67-1-5. 1076
(k) "Microbrewery" means a person having a permit under 1077
this chapter to manufacture or brew light wine, light spirit 1078
product or beer in this state and who manufactures or brews not 1079
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more than three thousand (3,000) barrels of light wine, light 1080
spirit product or beer at its permitted location. 1081
(l) "Department means the Mississippi Department of 1082
Revenue. 1083
(m) "Division" means the department's Alcoholic 1084
Beverage Control Division. 1085
(n) "Hemp beverage" means, through November 11, 2026, a 1086
nonalcoholic beverage that meets the definition of "intoxicating 1087
hemp product" in Section 69-25-203, is sold in containers of no 1088
size other than twelve (12) fluid ounces, and contains no more 1089
than five (5) milligrams of THC per twelve-ounce container. 1090
Effective on November 12, 2026, "hemp beverage" means a 1091
nonalcoholic beverage that meets the definition of "intoxicating 1092
hemp product" in Section 69-25-203, is sold in containers of no 1093
size other than twelve (12) fluid ounces, and contains no more 1094
than the total amount of THC permitted in final hemp-derived 1095
cannabinoid products as defined in 7 USC § 1639o. 1096
(o) "Intoxicating beverage" means any alcoholic 1097
beverage, as defined in Section 67-1-5, or any light intoxicating 1098
beverage. 1099
(p) "Light intoxicating beverage" means any beer, light 1100
wine, light spirit product or hemp beverage. 1101
(q) "THC" means delta-9-tetrahydrocannabinol. 1102
SECTION 22. Section 67-3-5, Mississippi Code of 1972, is 1103
amended as follows: 1104
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67-3-5. (1) It shall be lawful, subject to the provisions 1105
set forth in this chapter and in Section 67-1-51, in this state to 1106
transport, store, sell, distribute, possess, receive, deliver 1107
and/or manufacture light * * * intoxicating beverages, and it is 1108
hereby declared that it is the legislative intent that this 1109
chapter privileges the lawful sale and manufacture, within this 1110
state, of such light * * * intoxicating beverages. In determining 1111
if a wine product is "light wine," or contains an alcoholic 1112
content of more than five percent (5%) by weight, or is not an 1113
"alcoholic beverage" as defined in the Local Option Alcoholic 1114
Beverage Control Law, Chapter 1 of Title 67, Mississippi Code of 1115
1972, the alcoholic content of such wine product shall be subject 1116
to the same permitted tolerance as is allowed by the labeling 1117
requirements for light wine provided for in Section 27-71-509. 1118
(2) Subject to the provisions set forth in this chapter and 1119
in Section 67-1-51, it shall be lawful in this state to transport, 1120
store, sell, distribute, possess, receive, deliver and/or 1121
manufacture beer of an alcoholic content of more than eight 1122
percent (8%) by weight, if the beer is manufactured to be sold 1123
legally in another state and is transported outside of this state 1124
for retail sale. 1125
SECTION 23. Section 67-3-7, Mississippi Code of 1972, is 1126
amended as follows: 1127
67-3-7. (1) If any county, at an election held for the 1128
purpose under the election laws of the state, shall by a majority 1129
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vote of the duly qualified electors voting in the election 1130
determine that the transportation, storage, sale, distribution, 1131
receipt and/or manufacture of * * * light intoxicating beverages 1132
shall not be permitted in such county, then the same shall not be 1133
permitted therein except as authorized under Section 67-9-1 and as 1134
may be otherwise authorized in this section. An election to 1135
determine whether such transportation, storage, sale, 1136
distribution, receipt and/or manufacture of such beverages shall 1137
be excluded from any county in the state, shall, on a petition of 1138
twenty percent (20%) or fifteen hundred (1,500), whichever number 1139
is the lesser, of the duly qualified electors of such county, be 1140
ordered by the board of supervisors of the county, for such county 1141
only. No election on the question shall be held in any one (1) 1142
county more often than once in five (5) years. 1143
In counties which have elected, or may elect by a majority 1144
vote of the duly qualified electors voting in the election, that 1145
the transportation, storage, sale, distribution, receipt and/or 1146
manufacture of * * * light intoxicating beverages shall not be 1147
permitted in the county, an election may be held in the same 1148
manner as the election hereinabove provided on the question of 1149
whether or not the transportation, storage, sale, distribution, 1150
receipt and/or manufacture of said beverages shall be permitted in 1151
such county. Such election shall be ordered by the board of 1152
supervisors of such county on a petition of twenty percent (20%) 1153
or fifteen hundred (1,500), whichever number is the lesser, of the 1154
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duly qualified electors of such county. No election on this 1155
question can be ordered more often than once in five (5) years. 1156
(2) Nothing in this section shall make it unlawful to 1157
possess * * * light intoxicating beverages. 1158
(3) Nothing in this section shall make it unlawful to: 1159
(a) Sell, distribute and transport light * * * 1160
intoxicating beverages to a qualified resort area as defined in 1161
Section 67-1-5; 1162
(b) Sell light * * * intoxicating beverages at a 1163
qualified resort area as defined in Section 67-1-5 if such 1164
light * * * intoxicating beverages sold by a person with a permit 1165
to engage in the business as a retailer of light * * * 1166
intoxicating beverages; 1167
(c) Transport beer of an alcoholic content of more than 1168
eight percent (8%) by weight if it is being transported to another 1169
state for legal sale in that state; 1170
(d) Transport legally purchased light * * * 1171
intoxicating beverages in unopened containers; however, this 1172
paragraph shall not apply to a retailer unless the retailer has 1173
purchased the light * * * intoxicating beverages from a wholesaler 1174
or distributor for the designated sales territory in which the 1175
retailer is located and the retailer has in his possession an 1176
invoice from the wholesaler or distributor for the light * * * 1177
intoxicating beverages; or 1178
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(e) Transport homemade beer as authorized in Section 1179
67-3-11. 1180
SECTION 24. Section 67-3-9, Mississippi Code of 1972, is 1181
amended as follows: 1182
67-3-9. Any city in this state, having a population of not 1183
less than two thousand five hundred (2,500) according to the 1184
latest federal decennial census; or any city in this state having 1185
a population of not less than one thousand five hundred (1,500) 1186
according to the latest federal decennial census and located 1187
within three (3) miles of a city or county that permits the sale, 1188
receipt, storage and transportation for the purpose of sale 1189
of * * * light intoxicating beverages; or any city or town in this 1190
state having a population of not less than one thousand (1,000) 1191
according to the latest federal decennial census and located in a 1192
county that has no city or town with a population of more than two 1193
thousand five hundred (2,500); or any city, town or village that 1194
is a county seat and has voted to come out from under the dry law 1195
under Section 67-1-14; at an election held for the purpose, under 1196
the election laws applicable to such city, may either prohibit or 1197
permit, except as otherwise provided under Section 67-9-1, the 1198
sale and the receipt, storage and transportation for the purpose 1199
of sale of * * * light intoxicating beverages. An election to 1200
determine whether such sale shall be permitted in cities wherein 1201
its sale is prohibited by law shall be ordered by the city or town 1202
council or mayor and board of aldermen or other governing body of 1203
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such city or town for such city or town only, upon the 1204
presentation of a petition for such city or town to such governing 1205
board containing the names of twenty percent (20%) or fifteen 1206
hundred (1,500), whichever number is the lesser, of the duly 1207
qualified voters of such city or town asking for such election. 1208
In like manner, an election to determine whether such sale shall 1209
be prohibited in cities wherein its sale is permitted by law shall 1210
be ordered by the city council or mayor and board of aldermen or 1211
other governing board of such city for such city only, upon the 1212
presentation of a petition to such governing board containing the 1213
names of twenty percent (20%) of the duly qualified voters of such 1214
city asking for such election. No election on either question 1215
shall be held by any one (1) city more often than once in five (5) 1216
years. 1217
Thirty (30) days' notice shall be given to the qualified 1218
electors of such city or town in the manner prescribed by law upon 1219
the question of either permitting or prohibiting such sale, and 1220
the notice shall contain a statement of the question to be voted 1221
on at the election. The tickets to be used in the election shall 1222
have the following words printed thereon: "For the legal sale of 1223
light wine of an alcoholic content of not more than five percent 1224
(5%) by weight, light spirit product of an alcoholic content of 1225
not more than six percent (6%) by weight, * * * beer of an 1226
alcoholic content of not more than eight percent (8%) by weight, 1227
and hemp beverages of a THC concentration of not more than 1228
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three-tenths percent (0.3%)"; and the words "Against the legal 1229
sale of light wine of an alcoholic content of not more than five 1230
percent (5%) by weight, light spirit product of an alcoholic 1231
content of not more than six percent (6%) by weight, * * * beer of 1232
an alcoholic content of not more than eight percent (8%) by 1233
weight, and hemp beverages of a THC concentration of not more than 1234
three-tenths percent (0.3%)," next below. In making up his or her 1235
ticket the voter shall make a cross (X) opposite the words of his 1236
or her choice. 1237
If in the election a majority of the qualified electors 1238
voting in the election shall vote "For the legal sale of light 1239
wine of an alcoholic content of not more than five percent (5%) by 1240
weight, light spirit product of an alcoholic content of not more 1241
than six percent (6%) by weight, * * * beer of an alcoholic 1242
content of not more than eight percent (8%) by weight, and hemp 1243
beverages of a THC concentration of not more than three-tenths 1244
percent (0.3%)," then the city or town council or mayor and board 1245
of aldermen or other governing body shall pass the necessary order 1246
permitting the legal sale of such light * * * intoxicating 1247
beverages in such city or town. If in the election a majority of 1248
the qualified electors voting in the election shall vote "Against 1249
the legal sale of light wine of an alcoholic content of not more 1250
than five percent (5%) by weight, light spirit product of an 1251
alcoholic content of not more than six percent (6%) by 1252
weight, * * * beer of an alcoholic content of not more than eight 1253
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percent (8%) by weight, and hemp beverages of a THC concentration 1254
of not more than three-tenths percent (0.3%)," then the city or 1255
town council or mayor and board of aldermen or other governing 1256
body shall pass the necessary order prohibiting the sale of such 1257
light * * * intoxicating beverages in such city or town. 1258
All laws or parts of laws in conflict with this section are 1259
hereby repealed to the extent of such conflict only, this section 1260
being cumulative and supplementary. 1261
SECTION 25. Section 67-3-13, Mississippi Code of 1972, is 1262
amended as follows: 1263
67-3-13. (1) It shall be lawful to possess * * * light 1264
intoxicating beverages throughout the state, unless otherwise 1265
prohibited by this chapter. However, nothing herein shall be 1266
construed to make lawful the possession of * * * light 1267
intoxicating beverages with the intent to sell except as 1268
authorized by this chapter. 1269
(2) In any county or municipality in which the 1270
transportation, storage, sale, distribution, receipt and/or 1271
manufacture of light * * * intoxicating beverages is prohibited, 1272
it shall not be unlawful for a permitted wholesaler or distributor 1273
to possess light * * * intoxicating beverages when such 1274
light * * * intoxicating beverages are held therein solely for the 1275
purpose of storage and for distribution to other counties and 1276
municipalities in which transportation, storage, sale, 1277
distribution, receipt and/or manufacture is lawful. 1278
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(3) Notwithstanding the provisions of subsections (1) and 1279
(2) of this section, in any county in which transportation, 1280
storage, sale, distribution, receipt and/or manufacture of 1281
light * * * intoxicating beverages is prohibited, it shall not be 1282
unlawful: 1283
(a) To receive or store light * * * intoxicating 1284
beverages at a resort area as defined in Section 67-1-5; 1285
(b) To distribute and transport light * * * 1286
intoxicating beverages to a resort area as defined in Section 1287
67-1-5; 1288
(c) To transport beer of an alcoholic content of more 1289
than eight percent (8%) by weight if it is being transported to 1290
another state for legal sale in that state; 1291
(d) To transport legally purchased light * * * 1292
intoxicating beverages in unopened containers * * * on a state or 1293
federal highway; however, this paragraph shall not apply to a 1294
retailer unless the retailer has purchased the light * * * 1295
intoxicating beverages from a wholesaler or distributor for the 1296
designated sales territory in which the retailer is located and 1297
the retailer has in his possession an invoice from the wholesaler 1298
or distributor for the light * * * intoxicating beverages; or 1299
(e) To transport homemade beer as authorized in Section 1300
67-3-11. 1301
(4) Any light * * * intoxicating beverages found in 1302
possession of, or sold by, a person in violation of this section 1303
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shall be seized and disposed of in the manner provided for in 1304
Section 67-1-18. 1305
SECTION 26. Section 67-3-15, Mississippi Code of 1972, is 1306
amended as follows: 1307
67-3-15. (1) Any person who shall brew or manufacture or 1308
sell any * * * light intoxicating beverages without first having 1309
secured a permit and/or license from the commissioner authorizing 1310
the brewing or manufacture or sale of such liquor, shall be guilty 1311
of a misdemeanor and, upon conviction thereof, be punished by a 1312
fine of not more than One Thousand Dollars ($1,000.00) or 1313
imprisonment in the county jail for not more than one (1) year, or 1314
both, in the discretion of the court. Any person so convicted may 1315
not apply for any permit or license issued by the commissioner 1316
until five (5) years have elapsed from the date of such 1317
conviction. 1318
(2) This section shall not apply to beer authorized to be 1319
made pursuant to Section 67-3-11. 1320
(3) Any light * * * intoxicating beverages found in 1321
possession of, or sold by, a person in violation of this section 1322
shall be seized and disposed of in the manner provided for in 1323
Section 67-1-18. 1324
SECTION 27. Section 67-3-17, Mississippi Code of 1972, is 1325
amended as follows: 1326
67-3-17. (1) Any person desiring to engage in any business 1327
taxable under Sections 27-71-303 through 27-71-317, * * * either 1328
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as a retailer, or as a wholesaler or distributor, or as a 1329
manufacturer, of light * * * intoxicating beverages, shall file 1330
with the commissioner an application for a permit allowing him to 1331
engage in such business. The application for a permit shall 1332
contain a statement showing the name of the business, and if a 1333
partnership, firm, association or limited liability company, the 1334
name of each partner or member, and if a corporation the names of 1335
two (2) principal officers, the post office address, and the 1336
nature of business in which engaged. In case any business is 1337
conducted at two (2) or more separate places, a separate permit 1338
for each place of business shall be required. The commissioner 1339
shall prescribe the form of the application and designate who is 1340
required to sign the application. The application shall be signed 1341
under penalty of perjury. 1342
(2) The application shall include a statement that the 1343
applicant will not, except as otherwise authorized in this 1344
chapter, allow any alcoholic beverages as defined in Section 1345
67-1-5, any beer having an alcoholic content of more than eight 1346
percent (8%) by weight, any spirit product having an alcoholic 1347
content of more than six percent (6%) by weight, * * * any wine 1348
having an alcoholic content of more than five percent (5%) by 1349
weight, or any beverage having a THC concentration of more than 1350
three-tenths percent (0.3%) to be kept, stored or secreted in or 1351
on the premises described in such permit or license, and that the 1352
applicant will not otherwise violate any law of this state, or 1353
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knowingly allow any other person to violate any such law, while in 1354
or on such premises. 1355
(3) Each application or filing made under this section shall 1356
include the social security number(s) of the applicant in 1357
accordance with Section 93-11-64, Mississippi Code of 1972. 1358
SECTION 28. Section 67-3-19, Mississippi Code of 1972, is 1359
amended as follows: 1360
67-3-19. Where application is made for a permit to engage in 1361
the business of a retailer of light * * * intoxicating beverages, 1362
the applicant shall show in his application that he possesses the 1363
following qualifications: 1364
(a) Applicant must be a person at least twenty-one (21) 1365
years of age, of good moral character and a resident of the State 1366
of Mississippi. 1367
(b) Applicant shall not have been convicted of a 1368
felony, or of pandering or of keeping or maintaining a house of 1369
prostitution, or have been convicted within two (2) years of the 1370
date of his application of any violation of the laws of this state 1371
or the laws of the United States relating to alcoholic liquor. 1372
(c) Applicant shall not have had revoked, except for a 1373
violation of Section 67-3-52, within two (2) years next preceding 1374
his application, any license or permit issued to him pursuant to 1375
the laws of this state, or any other state, to sell alcoholic 1376
liquor of any kind. 1377
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(d) Applicant shall be the owner of the premises for 1378
which the permit is sought or the holder of an existing lease 1379
thereon. 1380
(e) Applicant shall not be residentially domiciled with 1381
any person whose permit has been revoked for cause, except for a 1382
violation of Section 67-3-52, within two (2) years next preceding 1383
the date of the present application for a permit. 1384
(f) The applicant has not had any license or permit to 1385
sell * * * light intoxicating beverages at retail revoked, within 1386
five (5) years next preceding his application, due to a violation 1387
of Section 67-3-52. 1388
(g) Applicant shall not employ any person whose permit 1389
has been revoked when such person owned or operated the business 1390
on the premises for which a permit is sought or allow such person 1391
to have any financial interest in the business of the applicant, 1392
until such person is qualified to obtain a permit in his own name. 1393
(h) The applicant is not indebted to the State of 1394
Mississippi for any taxes. 1395
(i) If applicant is a partnership, all members of the 1396
partnership must be qualified to obtain a permit. Each member of 1397
the partnership must be a resident of the State of Mississippi. 1398
(j) If applicant is a corporation, all officers and 1399
directors thereof, and any stockholder owning more than five 1400
percent (5%) of the stock of such corporation, and the person or 1401
persons who shall conduct and manage the licensed premises for the 1402
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corporation shall possess all the qualifications required herein 1403
for any individual permittee. However, the requirements as to 1404
residence shall not apply to officers, directors and stockholders 1405
of such corporation. 1406
Any misstatement or concealment of fact in an application 1407
shall be grounds for denial of the application or for revocation 1408
of the permit issued thereon. 1409
The commissioner may refuse to issue a permit to an applicant 1410
for a place that is frequented by known criminals, prostitutes, or 1411
other law violators or troublemakers who disturb the peace and 1412
quietude of the community and frequently require the assistance of 1413
peace officers to apprehend such law violators or to restore 1414
order. The burden of proof of establishing the foregoing shall 1415
rest upon the commissioner. 1416
SECTION 29. Section 67-3-22, Mississippi Code of 1972, is 1417
amended as follows: 1418
67-3-22. (1) The production limits for a brewpub shall be 1419
based upon production as determined by the Department of Revenue 1420
pursuant to Section 27-71-307, * * * and a brewpub shall not 1421
manufacture more than seventy-five thousand (75,000) gallons of 1422
light wine, light spirit product or beer per calendar year. 1423
(2) Light wine, light spirit product or beer produced at a 1424
brewpub shall not be sold at a price less than it cost to 1425
manufacture such light wine, light spirit product or beer. 1426
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(3) A brewpub shall be required to offer for sale light 1427
wine, light spirit product or beer normally carried on the 1428
inventory of wholesalers or distributors of light wine, light 1429
spirit product or beer. 1430
(4) A brewpub shall not be authorized to manufacture hemp 1431
beverages. 1432
SECTION 30. Section 67-3-25, Mississippi Code of 1972, is 1433
amended as follows: 1434
67-3-25. (1) Any permit issued authorizing the sale or 1435
delivery of light * * * intoxicating beverages for consumption 1436
shall be construed to authorize the sale or delivery of 1437
light * * * intoxicating beverages by the bottle, by the glass or 1438
by draught, and in or from the original package. 1439
(2) The commissioner is authorized to establish, in his 1440
discretion, dates for the expiration of permits issued under this 1441
chapter. 1442
(3) Except as otherwise provided in this section, permits 1443
shall be issued for twelve (12) months and shall be renewed 1444
annually on the first day of the month in which the permit 1445
expires. The commissioner may issue temporary permits for less 1446
than a full year. All permits shall show the effective date and 1447
expiration date of the permit, the business location, individual 1448
or business name and mailing address of the permittee. 1449
SECTION 31. Section 67-3-27, Mississippi Code of 1972, is 1450
amended as follows: 1451
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67-3-27. Before any person shall engage in the business of 1452
manufacturer, wholesaler, distributor or retailer of light * * * 1453
intoxicating beverages, he or she shall apply to the commissioner 1454
for a license to engage in such business, and shall pay to the 1455
commissioner the specific tax imposed by Section 27-71-303, for 1456
the privilege of engaging in such business. The commissioner upon 1457
receipt of such tax shall issue to such person a privilege license 1458
to engage in or continue in such business for a period of time not 1459
to exceed one (1) year. No such license shall be issued to the 1460
applicant unless such applicant shall have obtained from the 1461
commissioner a permit as required in Section 67-3-17. A brewpub 1462
shall obtain all necessary federal licenses and permits prior to 1463
obtaining any license under this chapter. 1464
All privilege licenses issued under the provisions of this 1465
section shall be renewed annually on or before the first day of 1466
the month in which the current license expires. 1467
SECTION 32. Section 67-3-29, Mississippi Code of 1972, is 1468
amended as follows: 1469
67-3-29. (1) The commissioner, or a hearing officer or the 1470
board of review, as designated by the commissioner, after a show 1471
cause hearing, shall revoke or suspend any permit granted by 1472
authority of this chapter to any person who shall violate any of 1473
the provisions of this chapter or the revenue laws of this state 1474
relating to engaging in transporting, storing, selling, 1475
distributing, possessing, receiving or manufacturing of wines or 1476
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beers, or any person who shall hereafter be convicted of the 1477
unlawful sale of intoxicating liquor, or any person who shall 1478
allow or permit any form of illegal gambling or immorality on the 1479
premises described in such permit. The commissioner shall not 1480
revoke or suspend a permit of a retailer for the sale of 1481
light * * * intoxicating beverages to a person under the age of 1482
twenty-one (21) years until there has been a conviction of the 1483
permit holder or an employee of the permit holder for such 1484
violation. 1485
(2) If any person exercising any privilege taxable under the 1486
provisions of Chapter 71 of Title 27, Mississippi Code of 1972, 1487
shall willfully neglect or refuse to comply with the provisions of 1488
such chapter, or any rules or regulations promulgated by the 1489
commissioner under authority of such chapter, or the provisions of 1490
this chapter, including maintaining the qualifications of an 1491
applicant under Section 67-3-19, during the permit period, the 1492
commissioner shall be authorized to revoke or suspend the permit 1493
theretofore issued to the person. Any person whose permit shall 1494
have been revoked by the commissioner shall be thereafter 1495
prohibited from exercising any privilege under the provisions of 1496
Chapter 71 of Title 27, Mississippi Code of 1972, for a period of 1497
two (2) years from the date of the revocation. The commissioner 1498
may, however, for good cause shown, grant a new permit upon such 1499
conditions as the commissioner may prescribe. Any person whose 1500
permit shall have been suspended by the commissioner shall be 1501
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prohibited from exercising any privilege under the provisions of 1502
Chapter 71 of Title 27, Mississippi Code of 1972, during the 1503
period of the suspension. Failure of the person to comply with 1504
the terms of the suspension shall be cause for revocation of his 1505
permit, in addition to the other penalties provided by law. 1506
(3) In addition to the reasons specified in this section and 1507
other provisions of this chapter, the commissioner shall be 1508
authorized to suspend the permit of any permit holder for being 1509
out of compliance with an order for support, as defined in Section 1510
93-11-153. The procedure for suspension of a permit for being out 1511
of compliance with an order for support, and the procedure for the 1512
reissuance or reinstatement of a permit suspended for that 1513
purpose, and the payment of any fees for the reissuance or 1514
reinstatement of a permit suspended for that purpose, shall be 1515
governed by Section 93-11-157 or Section 93-11-163, as the case 1516
may be. If there is any conflict between any provision of Section 1517
93-11-157 or Section 93-11-163 and any provision of this chapter, 1518
the provisions of Section 93-11-157 or 93-11-163, as the case may 1519
be, shall control. 1520
SECTION 33. Section 67-3-41, Mississippi Code of 1972, is 1521
amended as follows: 1522
67-3-41. Sections 67-3-31 through 67-3-41 and Section 1523
67-3-53 are declared to be cumulative, amendatory, and 1524
supplemental to any and all other acts and laws of this state 1525
pertaining to the governing of the sale and distribution of 1526
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light * * * intoxicating beverages as contained in Sections 1527
27-71-301 through 27-71-347, * * * 67-3-17, 67-3-23, 67-3-27, 1528
67-3-29(2), 67-3-55, and 67-3-57. 1529
SECTION 34. Section 67-3-45, Mississippi Code of 1972, is 1530
amended as follows: 1531
67-3-45. No manufacturer, distributor or wholesale dealer to 1532
whom or to which this chapter applies shall: 1533
(a) Make any loan, directly or indirectly, or furnish 1534
any fixtures of any kind, directly or indirectly, to any retail 1535
dealer in light * * * intoxicating beverages; 1536
(b) Have any interest, direct or indirect, in the 1537
business of or in the furnishings or fixtures or in the premises 1538
used by any such retail dealer in connection with his or its 1539
business; 1540
(c) Have any lien on any such property of any such 1541
retail dealer; or 1542
(d) Sell light * * * intoxicating beverages to any such 1543
retail dealer on credit. 1544
This section shall not apply to a brewpub licensed pursuant 1545
to Article 3, Chapter 71, Title 27, Mississippi Code of 1972, and 1546
shall not prohibit a microbrewery or small craft brewery licensed 1547
under Article 3, Chapter 71, Title 27, Mississippi Code of 1972, 1548
from being eligible to obtain a retail permit for the sale 1549
of * * * light intoxicating beverages on its premises. 1550
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SECTION 35. Section 67-3-46, Mississippi Code of 1972, is 1551
amended as follows: 1552
67-3-46. (1) The provisions of subsection (2) of this 1553
section apply to the following entities: 1554
(a) Any person engaged in the business of brewing or 1555
manufacturing beer or in the business of manufacturing or 1556
producing light wines * * *, light spirit products or hemp 1557
beverages; 1558
(b) An officer, director, agent or employee of an 1559
entity described in paragraph (a) or (d) of this subsection; 1560
(c) An affiliate of an entity described in paragraph 1561
(a) or (d) of this subsection, regardless of whether the 1562
affiliation is corporate or by management, direction or 1563
control * * *; and 1564
(d) An entity that is the manufacturer of a product or 1565
substance that is infused into or becomes part of any * * * light 1566
intoxicating beverage regardless of whether the entity 1567
manufactures the final product. This provision also shall apply 1568
to all affiliated companies, wholly owned subsidiaries or joint 1569
ventures. 1570
(2) No entity named in subsection (1) of this section may 1571
have any interest in the license, business, assets or corporate 1572
stock of a wholesaler or distributor to whom this chapter applies, 1573
except a security interest granted to the entity of the type 1574
provided for the Uniform Commercial Code in products sold to a 1575
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wholesaler or distributor until the full purchase price has been 1576
paid therefor. 1577
SECTION 36. Section 67-3-48, Mississippi Code of 1972, is 1578
amended as follows: 1579
67-3-48. (1) A small craft brewery may sell at retail 1580
light * * * intoxicating beverages produced at its brewery for 1581
consumption on the premises of the brewery and consumption off the 1582
premises of the brewery if the sales are made on the premises of 1583
the brewery and the light * * * intoxicating beverages products 1584
offered for sale are also made available for sale to wholesalers. 1585
(2) (a) A small craft brewery shall not sell at retail more 1586
than twenty-five percent (25%) of the light * * * intoxicating 1587
beverage produced annually at its brewery or more than two 1588
thousand five hundred (2,500) barrels of light * * * intoxicating 1589
beverage produced at the brewery annually, whichever is the lesser 1590
amount. For purposes of this subsection, contract-brewed beer 1591
shall not be included in the amount of beer produced annually at 1592
the brewery. The light * * * intoxicating beverages must be sold 1593
at a price approximating retail prices generally charged for 1594
identical beverages in the county where the brewery is located. 1595
(b) A small craft brewery shall not make retail sales 1596
of more than six hundred seventy (670) ounces, in the aggregate, 1597
of light * * * intoxicating beverages to any one (1) individual 1598
for consumption off the premises of the brewery within a 1599
twenty-four-hour period. 1600
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(c) The limits on sales provided for in this subsection 1601
shall not apply to beer provided pursuant to Section 67-3-47. 1602
(d) A microbrewery shall not sell at retail more than 1603
eighty percent (80%) of light wine, light spirit product or beer 1604
produced annually at its brewery. The light wine, light spirit 1605
product or beer must be sold at a price approximating prices 1606
generally charged for identical beverages in the county where the 1607
microbrewery is located. A microbrewery shall not be authorized 1608
to manufacture or produce hemp beverages. 1609
(3) A small craft brewery or microbrewery shall take 1610
commercially reasonable steps to ensure that light * * * 1611
intoxicating beverages sold for consumption off the premises of 1612
the brewery are being sold for personal use and not for resale and 1613
are not being sold to anyone holding a retail permit for the 1614
purpose of resale in their establishment. 1615
(4) A small craft brewery or microbrewery shall not make 1616
retail sales of contract-brewed beer. 1617
(5) A small craft brewery or microbrewery shall not mail or 1618
ship any light * * * intoxicating beverage to a consumer. 1619
SECTION 37. Section 67-3-48.1, Mississippi Code of 1972, is 1620
amended as follows: 1621
67-3-48.1. (1) In the event a small craft brewery is 1622
acquired by an entity that manufactures light * * * intoxicating 1623
beverages that does not fall within the definition of the term 1624
"small craft brewery," the entity that acquired the small craft 1625
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brewery may continue to operate the brewery as a small craft 1626
brewery for as long as the acquired facility meets the definition 1627
of the term "small craft brewery"; however, the limit in Section 1628
67-3-3 on the amount of barrels of light * * * intoxicating 1629
beverages that a small craft brewery may produce shall not apply 1630
to light * * * intoxicating beverages not produced by the acquired 1631
small craft brewery. 1632
(2) In the event a small craft brewery acquires an entity 1633
that manufactures light * * * intoxicating beverages that does not 1634
fall within the definition of the term "small craft brewery," the 1635
small craft brewery that acquired the entity may continue to 1636
operate as a small craft brewery for as long as the brewery meets 1637
the definition of the term "small craft brewery." The light * * * 1638
intoxicating beverages produced by the entity that is acquired by 1639
a small craft brewery shall not apply to the limit in Section 1640
67-3-3 on the amount of light * * * intoxicating beverages that 1641
the small craft brewery may produce. 1642
(3) A small craft brewery described in subsections (1) and 1643
(2) of this section may continue to sell at retail brands the 1644
small craft brewery produces on its premises at all locations at 1645
which it was selling the brands at retail at the time of the 1646
acquisition; however, the small craft brewery may not sell at 1647
retail brands produced by the entity that acquired it or by the 1648
entity it acquires, as the case may be. 1649
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SECTION 38. Section 67-3-49, Mississippi Code of 1972, is 1650
amended as follows: 1651
67-3-49. (1) Except as otherwise provided in this section, 1652
it shall be unlawful for any brewer or manufacturer or distributor 1653
or wholesale dealer of or in light * * * intoxicating beverages to 1654
manufacture or knowingly bring upon his premises or keep 1655
thereon * * * any beer of an alcoholic content of more than eight 1656
percent (8%) by weight. Any person that shall add to or mix with 1657
any * * * light intoxicating beverages any alcoholic or other 1658
liquid, or any alcohol cube or cubes, or any other ingredient or 1659
ingredients that will increase or tend to increase the alcoholic 1660
or THC content of such * * * beverage, or any person that shall 1661
knowingly offer for sale any * * * beverage so treated, shall be 1662
guilty of a misdemeanor and punished as hereinafter provided in 1663
this chapter. The commissioner shall take any action he considers 1664
necessary to ensure that light wine, light spirit product and/or 1665
beer manufactured at a brewpub complies with the provisions of 1666
this section. 1667
(2) A brewer or manufacturer of light * * * intoxicating 1668
beverages may manufacture and keep upon his premises beer of an 1669
alcoholic content of more than eight percent (8%) by weight if the 1670
beer is manufactured for legal sale in another state. 1671
SECTION 39. Section 67-3-51, Mississippi Code of 1972, is 1672
amended as follows: 1673
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beverages.
67-3-51. (1) It shall be unlawful for any person to sell, 1674
or offer to sell, or keep for sale any bottled * * * light 1675
intoxicating beverage except the same be in the original bottle or 1676
in the original package containing bottles, each of which bottles 1677
shall bear the original label and the full name of the brewer or 1678
manufacturer of the contents of such bottle, both on the label and 1679
on the cap or cork of such bottle in the case of beer, and on the 1680
label only in the case of light wine * * *, light spirit products 1681
and hemp beverages. 1682
(2) It shall be unlawful for any person to sell, or offer 1683
for sale, or keep for sale any * * * light intoxicating beverage 1684
in the original package or packages unless each such original 1685
package (whether barrel or other container, and whether containing 1686
liquor in bottles or otherwise) shall have plainly stamped on the 1687
container or label for each such container the full name of the 1688
manufacturer of the liquor therein contained. 1689
(3) It shall be unlawful for any person to sell on draught 1690
any * * * light intoxicating beverage except the same be drawn 1691
from the original barrel or other container, which such container 1692
shall have plainly stamped on each end thereof the full name of 1693
the manufacturer of such liquor. 1694
(4) This section shall not apply to beer offered and 1695
provided on the premises of a brewery for the purpose of tasting 1696
or sampling as authorized in Section 67-3-47. 1697
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SECTION 40. Section 67-3-52, Mississippi Code of 1972, is 1698
amended as follows: 1699
67-3-52. It shall be unlawful for any person holding a 1700
permit authorizing the sale of * * * light intoxicating beverages 1701
at retail to obtain such * * * light intoxicating beverages from 1702
any source outside of the State of Mississippi. Any person who 1703
violates the provisions of this section, upon conviction thereof, 1704
shall be punished by a fine of not more than One Thousand Dollars 1705
($1,000.00) or by imprisonment in the county jail for not more 1706
than six (6) months, or by both such fine and imprisonment, in the 1707
discretion of the court. Any person convicted of violating this 1708
section, or any rules or regulations promulgated by the 1709
commissioner with regard to the unlawful acts described in this 1710
section, shall forfeit his permit. Any person whose permit has 1711
been forfeited pursuant to this section shall not be eligible for 1712
a permit issued by the commissioner for a period of five (5) years 1713
after the date of such forfeiture. In addition, no permit shall 1714
be issued for the same location, for which an offender has 1715
forfeited a permit pursuant to this section, to a spouse, 1716
offspring or sibling of the offender when to do so would 1717
circumvent the purposes of this section. The commissioner may 1718
assess a retailer who violates this section the amount of excise 1719
taxes due on the unlawfully imported * * * light intoxicating 1720
beverages, together with a penalty in the amount of four (4) times 1721
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the state excise taxes due or One Hundred Dollars ($100.00) per 1722
case, whichever is greater. 1723
SECTION 41. Section 67-3-53, Mississippi Code of 1972, is 1724
amended as follows: 1725
67-3-53. In addition to any act declared to be unlawful by 1726
this chapter, or by Sections 27-71-301 through 27-71-347, and 1727
Sections 67-3-17, 67-3-27, 67-3-29 and 67-3-57, it shall be 1728
unlawful for the holder of a permit authorizing the sale of * * * 1729
light intoxicating beverages at retail or a small craft brewery 1730
selling light * * * intoxicating beverages at retail pursuant to 1731
Section 67-3-48 or for the employee of the holder of such a permit 1732
or the employee of such a brewery: 1733
(a) To sell or give to be consumed in or upon any 1734
licensed premises or in or upon the premises of a small craft 1735
brewery any * * * light intoxicating beverage between the hours of 1736
midnight and seven o'clock the following morning or during any 1737
time the licensed premises may be required to be closed by 1738
municipal ordinance or order of the board of supervisors; however, 1739
in areas where the sale of alcoholic beverages is legal under the 1740
provisions of the Local Option Alcoholic Beverage Control Law and 1741
the hours for selling those alcoholic beverages have been extended 1742
beyond midnight for on-premises permittees under Section 67-1-37, 1743
the hours for selling * * * light intoxicating beverages are 1744
likewise extended in areas where the sale of * * * light 1745
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intoxicating beverages is legal in accordance with the provisions 1746
of this chapter. 1747
(b) To sell, give or furnish any * * * light 1748
intoxicating beverage to any person visibly or noticeably 1749
intoxicated, or to any habitual drunkard, or to any person under 1750
the age of twenty-one (21) years. 1751
(c) To permit in the premises any lewd, immoral or 1752
improper entertainment, conduct or practices. 1753
(d) To permit loud, boisterous or disorderly conduct of 1754
any kind upon the premises or to permit the use of loud musical 1755
instruments if either or any of the same may disturb the peace and 1756
quietude of the community in which the business is located. 1757
(e) To permit persons of ill repute, known criminals, 1758
prostitutes or minors to frequent the licensed premises or the 1759
premises of the small craft brewery, except minors accompanied by 1760
parents or guardians, or under proper supervision. 1761
(f) To permit or suffer illegal gambling or the 1762
operation of illegal games of chance upon the licensed premises or 1763
the premises of the small craft brewery. 1764
(g) To receive, possess or sell on the licensed 1765
premises or, except as otherwise authorized by this chapter, on 1766
the premises of the small craft brewery any beverage of any kind 1767
or character containing more than five percent (5%) of alcohol by 1768
weight except any beer containing not more than eight percent (8%) 1769
of alcohol by weight, unless the licensee also possesses an 1770
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on-premises or manufacturer's permit under the Local Option 1771
Alcoholic Beverage Control Law. 1772
(h) To accept as full or partial payment for any 1773
product any coupons that are redeemed directly or indirectly from 1774
a manufacturer, wholesaler or distributor of light * * * 1775
intoxicating beverages. 1776
SECTION 42. Section 67-3-54, Mississippi Code of 1972, is 1777
amended as follows: 1778
67-3-54. * * * ( * * *1) A person who is at least eighteen 1779
(18) years of age and who is serving in the armed services of the 1780
United States may lawfully possess and consume light * * * 1781
intoxicating beverages on military property where the consumption 1782
of light * * * intoxicating beverages is allowed. 1783
( * * *2) A person who is under twenty-one (21) years of age 1784
shall not be deemed to unlawfully possess or furnish light * * * 1785
intoxicating beverages, if in the scope of his employment such 1786
person: 1787
(a) Clears or buses tables that have glasses or other 1788
containers that contain or did contain light * * * intoxicating 1789
beverages; 1790
(b) Waits on tables by taking orders for light * * * 1791
intoxicating beverages; or 1792
(c) Stocks, bags or otherwise handles purchases of 1793
light * * * intoxicating beverages at a store. 1794
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SECTION 43. Section 67-3-55, Mississippi Code of 1972, is 1795
amended as follows: 1796
67-3-55. (1) Except as otherwise provided in Section 1797
67-1-41, it shall be unlawful for any retailer to possess for 1798
purpose of sale, to sell, or to offer to sell any light * * * 1799
intoxicating beverage which was not purchased from a wholesaler in 1800
this state who has a permit to sell such light * * * intoxicating 1801
beverage, except for beer, light spirit product or light wine that 1802
was brewed on the premises of the retailer who holds a permit as a 1803
brewpub pursuant to Article 3, Chapter 71, Title 27, Mississippi 1804
Code of 1972. 1805
(2) It shall be unlawful for any wholesaler to possess for 1806
purpose of sale, to sell, or to offer to sell any light * * * 1807
intoxicating beverage which was not purchased from a manufacturer 1808
or importer of a foreign manufacturer authorized to sell such 1809
light * * * intoxicating beverage in this state. 1810
(3) This section shall not apply to: 1811
(a) Beer offered and provided on the premises of a 1812
brewery for the purpose of tasting or sampling as authorized in 1813
Section 67-3-47; or 1814
(b) Light * * * intoxicating beverages sold on the 1815
premises of a small craft brewery or microbrewery as authorized in 1816
Section 67-3-48. 1817
SECTION 44. Section 67-3-57, Mississippi Code of 1972, is 1818
amended as follows: 1819
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67-3-57. (1) It shall be unlawful for any retailer to 1820
possess, sell or offer to sell, or to possess for purpose of sale, 1821
any light * * * intoxicating beverage at his or her place of 1822
business before securing a permit required by this chapter. 1823
(2) It shall be unlawful for any person to possess, sell or 1824
offer to sell any light * * * intoxicating beverage at his or her 1825
place of business after revocation of his or her permit or to 1826
purchase, to sell or offer to sell any light * * * intoxicating 1827
beverage during the period of suspension of his or her permit. 1828
(3) Any light * * * intoxicating beverage found in 1829
possession of, or sold by, a person in violation of this section 1830
shall be seized and disposed of in the manner provided for in 1831
Section 67-1-18. 1832
SECTION 45. Section 67-3-59, Mississippi Code of 1972, is 1833
amended as follows: 1834
67-3-59. (1) Except as provided in this subsection, sales 1835
by wholesalers, distributors or manufacturers to persons who do 1836
not hold valid permits are unlawful; and any wholesaler, 1837
distributor or manufacturer making such sales, or who sells 1838
any * * * light intoxicating beverage on which the tax provided by 1839
law has not been paid, shall, in addition to any other fines, 1840
penalties and forfeitures, be subject to a penalty of Twenty-five 1841
Dollars ($25.00) for each sale. If all other applicable taxes are 1842
paid, this penalty will not apply to the following: sales to 1843
employees of the wholesaler; sales to nonprofit charitable and 1844
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civic organizations for special fund-raising events, provided that 1845
the * * * light intoxicating beverage is not resold; sales to 1846
affiliated member associations. 1847
(2) The commissioner may assess the penalty by giving notice 1848
by mail, demanding payment within thirty (30) days from date of 1849
delivery of the notice. 1850
The proceeds of all penalties shall be deposited by the 1851
commissioner with the other monies collected by him or her and 1852
shall be disposed of as provided by law. 1853
SECTION 46. Section 67-3-61, Mississippi Code of 1972, is 1854
amended as follows: 1855
67-3-61. Every railroad company, express company, aeroplane 1856
company, motor transportation company, steamboat company, or other 1857
transportation company, or any person that shall transport into, 1858
from place to place within, or out of this state any light * * * 1859
intoxicating beverage, whether brewed or manufactured within this 1860
state or outside of this state, when requested by the 1861
commissioner, shall furnish him or her with a duplicate of the 1862
bill of lading covering the receipt for such liquor, showing the 1863
name of the brewer or manufacturer or distributor, and the name 1864
and address of the consignor and of the consignee, and the date 1865
when and place where received, and the destination and the 1866
quantity of such liquor received from the manufacturer or brewer 1867
or other consignor for shipment from any point within or without 1868
this state to any point within this state. 1869
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Any such company or person so transporting any such liquor 1870
that shall fail to comply with the requirements of this section, 1871
shall forfeit and pay to the State of Mississippi the sum of One 1872
Hundred Dollars ($100.00) for each such failure, to be recovered 1873
in any court of competent jurisdiction. The commissioner is 1874
hereby authorized and empowered to sue in his or her own name, on 1875
the relation and for the use of the State of Mississippi, for such 1876
recovery. 1877
SECTION 47. Section 67-3-63, Mississippi Code of 1972, is 1878
amended as follows: 1879
67-3-63. The commissioner shall cause a record to be kept of 1880
the names and places of business of all persons engaged in the 1881
brewing of beer, of all persons engaged in the manufacture of 1882
light * * * intoxicating beverages, and of all persons engaged in 1883
the sale of light * * * intoxicating beverages, whether at retail 1884
or otherwise. He or she shall also cause a record to be kept of 1885
all * * * light intoxicating beverages (and of the amount thereof) 1886
brewed or manufactured by each brewery * * *, winery or other 1887
production facility, and of all such * * * beverages (and of the 1888
amount thereof) sold by each brewery * * *, winery or other 1889
production facility, with the names and business addresses of the 1890
purchasers, and of all such * * * beverages (and of the amount 1891
thereof) sold by every dealer other than a brewer or manufacturer, 1892
and in the case of sales by dealers other than retail dealers, of 1893
the names and business addresses of the purchasers. 1894
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The commissioner shall cause a record to be kept of all 1895
expenses incurred in the collection of such data. 1896
SECTION 48. Section 67-3-65, Mississippi Code of 1972, is 1897
amended as follows: 1898
67-3-65. Municipalities may enforce such proper rules and 1899
regulations for fixing zones and territories, prescribing hours of 1900
opening and of closing, and for such other measures as will 1901
promote public health, morals, and safety, as they may by 1902
ordinance provide. The board of supervisors of any county may 1903
make such rules and regulations as to territory outside of 1904
municipalities as are herein provided for municipalities. 1905
Nothing in this chapter shall prohibit the governing body of 1906
any municipality from designating what territory surrounding 1907
churches and schools in said municipalities, and the board of 1908
supervisors of any county from designating what territory 1909
surrounding churches and schools outside of any municipality, in 1910
which light * * * intoxicating beverages shall not be sold or 1911
consumed. 1912
SECTION 49. Section 67-3-67, Mississippi Code of 1972, is 1913
amended as follows: 1914
67-3-67. No county or any officer or agent thereof, nor any 1915
other officer, agent, or person, shall interfere with or impede 1916
the passage through such county of any light * * * intoxicating 1917
beverage moving in accordance with the provisions of this chapter 1918
and the provisions of Section 67-9-1 and which in transit to or 1919
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from any county of this state wherein the traffic in light * * * 1920
intoxicating beverages is not prohibited, any county prohibition 1921
of such traffic to the contrary notwithstanding. 1922
SECTION 50. Section 67-3-69, Mississippi Code of 1972, is 1923
amended as follows: 1924
67-3-69. (1) Except as to Sections 67-3-17, 67-3-23, 1925
67-3-27, 67-3-55 and 67-3-57, any violation of any provision of 1926
this chapter or of any rule or regulation of the commissioner, 1927
shall be a misdemeanor and, where the punishment therefor is not 1928
elsewhere prescribed in this section, shall be punished by a fine 1929
of not more than Five Hundred Dollars ($500.00) or imprisonment 1930
for not more than six (6) months, or both, in the discretion of 1931
the court. If any person so convicted shall be the holder of any 1932
permit or license issued by the commissioner under authority of 1933
this chapter, the permit or license shall from and after the date 1934
of such conviction be void and the holder thereof shall not 1935
thereafter, for a period of one (1) year from the date of such 1936
conviction, be entitled to any permit or license for any purpose 1937
authorized by this chapter. Upon conviction of the holder of any 1938
permit or license, the appropriate law enforcement officer shall 1939
seize the permit or license and transmit it to the commissioner. 1940
(2) (a) Any person who shall violate any provision of 1941
Section 67-3-17, 67-3-23, 67-3-27 or 67-3-55 shall be guilty of a 1942
misdemeanor, and upon conviction thereof shall be punished by a 1943
fine of not more than Five Hundred Dollars ($500.00) or by 1944
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imprisonment in the county jail for not more than six (6) months, 1945
or by both such fine and imprisonment, in the discretion of the 1946
court. 1947
(b) Any person who shall violate any provision of 1948
Section 67-3-57 shall be guilty of a misdemeanor, and upon 1949
conviction thereof, shall be punished by a fine of not more than 1950
One Thousand Dollars ($1,000.00) or by imprisonment in the county 1951
jail for not more than one (1) year, or by both, in the discretion 1952
of the court. Any person convicted of violating any provision of 1953
the sections referred to in this subsection shall forfeit his 1954
permit, and shall not thereafter be permitted to engage in any 1955
business taxable under the provisions of Sections 27-71-301 1956
through 27-71-347. 1957
(3) If the holder of a permit, or the employee of the holder 1958
of a permit, shall be convicted of selling any * * * light 1959
intoxicating beverage to anyone who is visibly intoxicated from 1960
the licensed premises or to any person under the age of twenty-one 1961
(21) years from the licensed premises in violation of Section 1962
67-3-53(b), then, in addition to any other penalty provided for by 1963
law, the commissioner may impose the following penalties against 1964
the holder of a permit: 1965
(a) For the first offense on the licensed premises, by 1966
a fine of not less than Five Hundred Dollars ($500.00) nor more 1967
than One Thousand Dollars ($1,000.00) and/or suspension of the 1968
permit for not more than three (3) months. 1969
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(b) For a second offense occurring on the licensed 1970
premises within twelve (12) months of the first offense, by a fine 1971
of not less than Five Hundred Dollars ($500.00) nor more than Two 1972
Thousand Dollars ($2,000.00) and/or suspension of the permit for 1973
not more than six (6) months. 1974
(c) For a third offense occurring on the licensed 1975
premises within twelve (12) months of the first, by a fine of not 1976
less than Two Thousand Dollars ($2,000.00) nor more than Five 1977
Thousand Dollars ($5,000.00) and/or suspension or revocation of 1978
the permit to sell * * * light intoxicating beverages. 1979
(d) For a fourth or subsequent offense occurring on the 1980
licensed premises within twelve (12) months of the first, by a 1981
fine of not less than Two Thousand Dollars ($2,000.00) nor more 1982
than Five Thousand Dollars ($5,000.00) and/or suspension or 1983
revocation of the permit to sell * * * light intoxicating 1984
beverages. 1985
(4) A person who sells any * * * light intoxicating beverage 1986
to a person under the age of twenty-one (21) years shall not be 1987
guilty of a violation of Section 67-3-53(b) if the person under 1988
the age of twenty-one (21) years represents himself to be 1989
twenty-one (21) years of age or older by displaying an apparently 1990
valid Mississippi driver's license containing a physical 1991
description consistent with his appearance or by displaying some 1992
other apparently valid identification card or document containing 1993
a picture and physical description consistent with his appearance 1994
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for the purpose of inducing the person to sell * * * light 1995
intoxicating beverages to him. 1996
(5) If a small craft brewery is convicted of violating the 1997
provisions of Section 67-3-48, then, in addition to any other 1998
provision provided for by law, the small craft brewery shall be 1999
punished as follows: 2000
(a) For the first offense, the small craft brewery may 2001
be fined in an amount not to exceed Five Hundred Dollars 2002
($500.00). 2003
(b) For a second offense occurring within twelve (12) 2004
months of the first offense, the small craft brewery may be fined 2005
an amount not to exceed One Thousand Dollars ($1,000.00). 2006
(c) For a third or subsequent offense occurring within 2007
twelve (12) months of the first offense, the small craft brewery 2008
may be fined an amount not to exceed Five Thousand Dollars 2009
($5,000.00) and the permit to operate as a manufacturer shall be 2010
suspended for thirty (30) days. 2011
SECTION 51. Section 67-3-70, Mississippi Code of 1972, is 2012
amended as follows: 2013
67-3-70. (1) Except as otherwise provided by Section 2014
67-3-54, any person under the age of twenty-one (21) years who 2015
purchases or possesses any light * * * intoxicating beverage shall 2016
be guilty of a misdemeanor, and upon conviction, shall be punished 2017
by a fine of not less than Two Hundred Dollars ($200.00) nor more 2018
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than Five Hundred Dollars ($500.00) and a sentence to not more 2019
than thirty (30) days community service. 2020
(2) Any person under the age of twenty-one (21) years who 2021
falsely states he is twenty-one (21) years of age or older or 2022
presents any document that indicates he is twenty-one (21) years 2023
of age or older for the purpose of purchasing or possessing any 2024
light * * * intoxicating beverage shall be guilty of a 2025
misdemeanor, and upon conviction, shall be punished by a fine of 2026
not less than Two Hundred Dollars ($200.00) nor more than Five 2027
Hundred Dollars ($500.00) and a sentence to not more than thirty 2028
(30) days community service. 2029
(3) Except as otherwise provided by Section 67-3-54, any 2030
person who knowingly purchases any light * * * intoxicating 2031
beverage for, or gives any light * * * intoxicating beverage to, a 2032
person under the age of twenty-one (21) years, shall be guilty of 2033
a misdemeanor, and upon conviction, shall be punished by a fine of 2034
not less than Two Hundred Dollars ($200.00) nor more than Five 2035
Hundred Dollars ($500.00) and a sentence to not more than thirty 2036
(30) days community service. The punishment provided under this 2037
subsection shall not be applicable to violations of Section 2038
97-5-49. 2039
(4) The term "community service" as used in this section 2040
shall mean work, projects or services for the benefit of the 2041
community assigned, supervised and recorded by appropriate public 2042
officials. 2043
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(5) If a person under the age of twenty-one (21) years is 2044
convicted or enters a plea of guilty of violating subsection (1) 2045
or subsection (2) of this section, the trial judge, in lieu of the 2046
penalties otherwise provided under this section, shall suspend the 2047
minor's driver's license by taking and keeping it in the custody 2048
of the court for a period of time not to exceed ninety (90) days. 2049
The judge so ordering the suspension shall enter upon his or her 2050
docket "DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ____ DAYS IN 2051
LIEU OF CONVICTION" and such action by the trial judge shall not 2052
constitute a conviction. During the period that the minor's 2053
driver's license is suspended, the trial judge shall suspend the 2054
imposition of any fines or penalties that may be imposed under 2055
this section and may place the minor on probation subject to such 2056
conditions as the judge deems appropriate. If the minor violates 2057
any of the conditions of probation, then the trial judge shall 2058
return the driver's license to the minor and impose the fines, 2059
penalties, or both, that he or she would have otherwise imposed, 2060
and such action shall constitute a conviction. 2061
(6) Any person who has been charged with a violation 2062
of * * * subsection (1) or (2) of this section may, not sooner 2063
than one (1) year after the dismissal and discharge or completion 2064
of any sentence and/or payment of any fine, apply to the court for 2065
an order to expunge from all official records all recordation 2066
relating to his or her arrest, trial, finding or plea of guilty, 2067
and dismissal and discharge. If the court determines that such 2068
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person was dismissed and the proceedings against him or her 2069
discharged or that such person had satisfactorily served his or 2070
her sentence and/or paid his or her fine, it shall enter such 2071
order. 2072
SECTION 52. Section 67-3-73, Mississippi Code of 1972, is 2073
amended as follows: 2074
67-3-73. (1) The Mississippi Legislature finds and declares 2075
that the consumption of intoxicating beverages, rather than the 2076
sale or serving or furnishing of such beverages, is the proximate 2077
cause of any injury, including death and property damage, 2078
inflicted by an intoxicated person upon himself or herself or upon 2079
another person. 2080
(2) Notwithstanding any other law to the contrary, no holder 2081
of an alcoholic beverage * * * or light intoxicating beverage 2082
permit, or any agent or employee of such holder, who lawfully 2083
sells or serves intoxicating beverages to a person who may 2084
lawfully purchase such intoxicating beverages, shall be liable to 2085
such person or to any other person or to the estate, or survivors 2086
of either, for any injury suffered off the licensed premises, 2087
including wrongful death and property damage, because of the 2088
intoxication of the person to whom the intoxicating beverages were 2089
sold or served. 2090
(3) Notwithstanding any other law to the contrary, no social 2091
host who serves or furnishes any intoxicating beverage to a person 2092
who may lawfully consume such intoxicating beverage shall be 2093
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liable to such person or to any other person or to the estate, or 2094
survivors of either, for any injury suffered off such social 2095
host's premises, including wrongful death and property damage, 2096
because of the intoxication of the person to whom the intoxicating 2097
beverages were served or furnished. No social host who owns, 2098
leases or otherwise lawfully occupies a premises on which, in his 2099
or her absence and without his or her consent, intoxicating 2100
beverages are consumed by a person who may lawfully consume such 2101
intoxicating beverage shall be liable to such person or to any 2102
other person or to the estate, or survivors of either, for any 2103
injury suffered off the premises, including wrongful death and 2104
property damage, because of the intoxication of the person who 2105
consumed the intoxicating beverages. 2106
(4) The limitation of liability provided by this section 2107
shall not apply to any person who causes or contributes to the 2108
consumption of * * * intoxicating beverages by force or by falsely 2109
representing that a beverage contains no alcohol or THC, or to any 2110
holder of an alcoholic beverage * * * or light intoxicating 2111
beverage permit, or any agent or employee of such holder when it 2112
is shown that the person making a purchase of an * * * 2113
intoxicating beverage was at the time of such purchase visibly 2114
intoxicated. 2115
SECTION 53. Section 67-3-74, Mississippi Code of 1972, is 2116
amended as follows: 2117
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67-3-74. (1) In addition to peace officers within their 2118
jurisdiction, all enforcement officers of the * * * division * * * 2119
are authorized to enforce the provisions made unlawful by this 2120
chapter and Section 97-5-49; however, the provisions prohibiting 2121
the sale of light * * * intoxicating beverages to persons under 2122
the age of twenty-one (21) years shall be enforced by the division 2123
as provided for in this section. 2124
(2) (a) The * * * division shall investigate violations of 2125
the laws prohibiting the sale of light * * * intoxicating 2126
beverages to persons under the age of twenty-one (21) years upon 2127
receipt of a complaint or information from a person stating that 2128
they have knowledge of such violation. 2129
* * * 2130
( * * *b) If an enforcement officer of the * * * 2131
division enters the business of the holder of the permit to 2132
investigate a complaint and discovers a violation, the agent shall 2133
notify the person that committed the violation and the holder of 2134
the permit * * * within ten (10) days after such violation * * *. 2135
SECTION 54. Section 67-1-5, Mississippi Code of 1972, is 2136
amended as follows: 2137
67-1-5. For the purposes of this article and unless 2138
otherwise required by the context: 2139
(a) "Alcoholic beverage" means any alcoholic liquid, 2140
including wines of more than five percent (5%) of alcohol by 2141
weight, capable of being consumed as a beverage by a human being, 2142
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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but shall not include light * * * intoxicating beverages, as 2143
defined in Section 67-3-3, but shall include native wines, native 2144
spirits, and craft spirits. The words "alcoholic beverage" shall 2145
not include ethyl alcohol manufactured or distilled solely for 2146
fuel purposes or beer of an alcoholic content of more than eight 2147
percent (8%) by weight if the beer is legally manufactured in this 2148
state for sale in another state. 2149
(b) "Alcohol" means the product of distillation of any 2150
fermented liquid, whatever the origin thereof, and includes 2151
synthetic ethyl alcohol, but does not include denatured alcohol or 2152
wood alcohol. 2153
(c) "Distilled spirits" means any beverage containing 2154
more than six percent (6%) of alcohol by weight produced by 2155
distillation of fermented grain, starch, molasses or sugar, 2156
including dilutions and mixtures of these beverages. 2157
(d) "Wine" or "vinous liquor" means any product 2158
obtained from the alcoholic fermentation of the juice of sound, 2159
ripe grapes, fruits, honey or berries and made in accordance with 2160
the revenue laws of the United States. 2161
(e) "Person" means and includes any individual, 2162
partnership, corporation, association or other legal entity 2163
whatsoever. 2164
(f) "Manufacturer" means any person engaged in 2165
manufacturing, distilling, rectifying, blending or bottling any 2166
alcoholic beverage. 2167
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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beverages.
(g) "Wholesaler" means any person, other than a 2168
manufacturer, engaged in distributing or selling any alcoholic 2169
beverage at wholesale for delivery within or without this state 2170
when such sale is for the purpose of resale by the purchaser. 2171
(h) "Retailer" means any person who sells, distributes, 2172
or offers for sale or distribution, any alcoholic beverage for use 2173
or consumption by the purchaser and not for resale. 2174
(i) "State Tax Commission," "commission" or 2175
"department" means the Department of Revenue of the State of 2176
Mississippi, which shall create a division in its organization to 2177
be known as the Alcoholic Beverage Control Division. Any 2178
reference to the commission or the department hereafter means the 2179
powers and duties of the Department of Revenue with reference to 2180
supervision of the Alcoholic Beverage Control Division. 2181
(j) "Division" means the Alcoholic Beverage Control 2182
Division of the Department of Revenue. 2183
(k) "Municipality" means any incorporated city or town 2184
of this state. 2185
(l) "Hotel" means an establishment within a 2186
municipality, or within a qualified resort area approved as such 2187
by the department, where, in consideration of payment, food and 2188
lodging are habitually furnished to travelers and wherein are 2189
located at least twenty (20) adequately furnished and completely 2190
separate sleeping rooms with adequate facilities that persons 2191
usually apply for and receive as overnight accommodations. Hotels 2192
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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beverages.
in towns or cities of more than twenty-five thousand (25,000) 2193
population are similarly defined except that they must have fifty 2194
(50) or more sleeping rooms. Any such establishment described in 2195
this paragraph with less than fifty (50) beds shall operate one or 2196
more regular dining rooms designed to be constantly frequented by 2197
customers each day. When used in this article, the word "hotel" 2198
shall also be construed to include any establishment that meets 2199
the definition of "bed and breakfast inn" as provided in this 2200
section. 2201
(m) "Restaurant" means: 2202
(i) A place which is regularly and in a bona fide 2203
manner used and kept open for the serving of meals to guests for 2204
compensation, which has suitable seating facilities for guests, 2205
and which has suitable kitchen facilities connected therewith for 2206
cooking an assortment of foods and meals commonly ordered at 2207
various hours of the day; the service of such food as sandwiches 2208
and salads only shall not be deemed in compliance with this 2209
requirement. Except as otherwise provided in this paragraph, no 2210
place shall qualify as a restaurant under this article unless 2211
twenty-five percent (25%) or more of the revenue derived from such 2212
place shall be from the preparation, cooking and serving of meals 2213
and not from the sale of beverages, or unless the value of food 2214
given to and consumed by customers is equal to twenty-five percent 2215
(25%) or more of total revenue; or 2216
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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(ii) Any privately owned business located in a 2217
building in a historic district where the district is listed in 2218
the National Register of Historic Places, where the building has a 2219
total occupancy rating of not less than one thousand (1,000) and 2220
where the business regularly utilizes ten thousand (10,000) square 2221
feet or more in the building for live entertainment, including not 2222
only the stage, lobby or area where the audience sits and/or 2223
stands, but also any other portion of the building necessary for 2224
the operation of the business, including any kitchen area, bar 2225
area, storage area and office space, but excluding any area for 2226
parking. In addition to the other requirements of this 2227
subparagraph, the business must also serve food to guests for 2228
compensation within the building and derive the majority of its 2229
revenue from event-related fees, including, but not limited to, 2230
admission fees or ticket sales to live entertainment in the 2231
building, and from the rental of all or part of the facilities of 2232
the business in the building to another party for a specific event 2233
or function. 2234
(n) "Club" means an association or a corporation: 2235
(i) Organized or created under the laws of this 2236
state for a period of five (5) years prior to July 1, 1966; 2237
(ii) Organized not primarily for pecuniary profit 2238
but for the promotion of some common object other than the sale or 2239
consumption of alcoholic beverages; 2240
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(iii) Maintained by its members through the 2241
payment of annual dues; 2242
(iv) Owning, hiring or leasing a building or space 2243
in a building of such extent and character as may be suitable and 2244
adequate for the reasonable and comfortable use and accommodation 2245
of its members and their guests; 2246
(v) The affairs and management of which are 2247
conducted by a board of directors, board of governors, executive 2248
committee, or similar governing body chosen by the members at a 2249
regular meeting held at some periodic interval; and 2250
(vi) No member, officer, agent or employee of 2251
which is paid, or directly or indirectly receives, in the form of 2252
a salary or other compensation any profit from the distribution or 2253
sale of alcoholic beverages to the club or to members or guests of 2254
the club beyond such salary or compensation as may be fixed and 2255
voted at a proper meeting by the board of directors or other 2256
governing body out of the general revenues of the club. 2257
The department may, in its discretion, waive the five-year 2258
provision of this paragraph. In order to qualify under this 2259
paragraph, a club must file with the department, at the time of 2260
its application for a license under this article, two (2) copies 2261
of a list of the names and residences of its members and similarly 2262
file, within ten (10) days after the election of any additional 2263
member, his name and address. Each club applying for a license 2264
shall also file with the department at the time of the application 2265
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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a copy of its articles of association, charter of incorporation, 2266
bylaws or other instruments governing the business and affairs 2267
thereof. 2268
(o) "Qualified resort area" means any area or locality 2269
outside of the limits of incorporated municipalities in this state 2270
commonly known and accepted as a place which regularly and 2271
customarily attracts tourists, vacationists and other transients 2272
because of its historical, scenic or recreational facilities or 2273
attractions, or because of other attributes which regularly and 2274
customarily appeal to and attract tourists, vacationists and other 2275
transients in substantial numbers; however, no area or locality 2276
shall so qualify as a resort area until it has been duly and 2277
properly approved as such by the department. The department may 2278
not approve an area as a qualified resort area after July 1, 2018, 2279
if any portion of such proposed area is located within two (2) 2280
miles of a convent or monastery that is located in a county 2281
traversed by Interstate 55 and U.S. Highway 98. A convent or 2282
monastery may waive such distance restrictions in favor of 2283
allowing approval by the department of an area as a qualified 2284
resort area. Such waiver shall be in written form from the owner, 2285
the governing body, or the appropriate officer of the convent or 2286
monastery having the authority to execute such a waiver, and the 2287
waiver shall be filed with and verified by the department before 2288
becoming effective. 2289
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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(i) The department may approve an area or locality 2290
outside of the limits of an incorporated municipality that is in 2291
the process of being developed as a qualified resort area if such 2292
area or locality, when developed, can reasonably be expected to 2293
meet the requisites of the definition of the term "qualified 2294
resort area." In such a case, the status of qualified resort area 2295
shall not take effect until completion of the development. 2296
(ii) The term includes any state park which is 2297
declared a resort area by the department; however, such 2298
declaration may only be initiated in a written request for resort 2299
area status made to the department by the Executive Director of 2300
the Department of Wildlife, Fisheries and Parks, and no permit for 2301
the sale of any alcoholic beverage, as defined in this article, 2302
except an on-premises retailer's permit, shall be issued for a 2303
hotel, restaurant or bed and breakfast inn in such park. 2304
(iii) The term includes: 2305
1. The clubhouses associated with the state 2306
park golf courses at the Lefleur's Bluff State Park, the John Kyle 2307
State Park, the Percy Quin State Park and the Hugh White State 2308
Park; 2309
2. The clubhouse and associated golf course, 2310
tennis courts and related facilities and swimming pool and related 2311
facilities where the golf course, tennis courts and related 2312
facilities and swimming pool and related facilities are adjacent 2313
to one or more planned residential developments and the golf 2314
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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beverages.
course and all such developments collectively include at least 2315
seven hundred fifty (750) acres and at least four hundred (400) 2316
residential units; 2317
3. Any facility located on property that is a 2318
game reserve with restricted access that consists of at least 2319
three thousand (3,000) contiguous acres with no public roads and 2320
that offers as a service hunts for a fee to overnight guests of 2321
the facility; 2322
4. Any facility located on federal property 2323
surrounding a lake and designated as a recreational area by the 2324
United States Army Corps of Engineers that consists of at least 2325
one thousand five hundred (1,500) acres; 2326
5. Any facility that is located in a 2327
municipality that is bordered by the Pearl River, traversed by 2328
Mississippi Highway 25, adjacent to the boundaries of the Jackson 2329
International Airport and is located in a county which has voted 2330
against coming out from under the dry law; however, any such 2331
facility may only be located in areas designated by the governing 2332
authorities of such municipality; 2333
6. Any municipality with a population in 2334
excess of ten thousand (10,000) according to the latest federal 2335
decennial census that is located in a county that is bordered by 2336
the Pearl River and is not traversed by Interstate Highway 20, 2337
with a population in excess of forty-five thousand (45,000) 2338
according to the latest federal decennial census; 2339
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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7. The West Pearl Restaurant Tax District as 2340
defined in Chapter 912, Local and Private Laws of 2007; 2341
8. a. Land that is located in any county in 2342
which Mississippi Highway 43 and Mississippi Highway 25 intersect 2343
and: 2344
A. Owned by the Pearl River Valley 2345
Water Supply District, and/or 2346
B. Located within the Reservoir 2347
Community District, zoned commercial, east of Old Fannin Road, 2348
north of Regatta Drive, south of Spillway Road, west of Hugh Ward 2349
Boulevard and accessible by Old Fannin Road, Spillway Road, Spann 2350
Drive and/or Lake Vista Place, and/or 2351
C. Located within the Reservoir 2352
Community District, zoned commercial, west of Old Fannin Road, 2353
south of Spillway Road and extending to the boundary of the 2354
corporate limits of the City of Flowood, Mississippi; 2355
b. The board of supervisors of such 2356
county, with respect to B and C of item 8.a., may by resolution or 2357
other order: 2358
A. Specify the hours of operation 2359
of facilities that offer alcoholic beverages for sale, 2360
B. Specify the percentage of 2361
revenue that facilities that offer alcoholic beverages for sale 2362
must derive from the preparation, cooking and serving of meals and 2363
not from the sale of beverages, and 2364
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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C. Designate the areas in which 2365
facilities that offer alcoholic beverages for sale may be located; 2366
9. Any facility located on property that is a 2367
game reserve with restricted access that consists of at least 2368
eight hundred (800) contiguous acres with no public roads, that 2369
offers as a service hunts for a fee to overnight guests of the 2370
facility, and has accommodations for at least fifty (50) overnight 2371
guests; 2372
10. Any facility that: 2373
a. Consists of at least six thousand 2374
(6,000) square feet being heated and cooled along with an 2375
additional adjacent area that consists of at least two thousand 2376
two hundred (2,200) square feet regardless of whether heated and 2377
cooled, 2378
b. For a fee is used to host events such 2379
as weddings, reunions and conventions, 2380
c. Provides lodging accommodations 2381
regardless of whether part of the facility and/or located adjacent 2382
to or in close proximity to the facility, and 2383
d. Is located on property that consists 2384
of at least thirty (30) contiguous acres; 2385
11. Any facility and related property: 2386
a. Located on property that consists of 2387
at least one hundred twenty-five (125) contiguous acres and 2388
consisting of an eighteen-hole golf course, and/or located in a 2389
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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facility that consists of at least eight thousand (8,000) square 2390
feet being heated and cooled, 2391
b. Used for the purpose of providing 2392
meals and hosting events, and 2393
c. Used for the purpose of teaching 2394
culinary arts courses and/or turf management and grounds keeping 2395
courses, and/or outdoor recreation and leadership courses; 2396
12. Any facility and related property that: 2397
a. Consist of at least eight thousand 2398
(8,000) square feet being heated and cooled, 2399
b. For a fee is used to host events, 2400
c. Is used for the purpose of culinary 2401
arts courses, and/or live entertainment courses and art 2402
performances, and/or outdoor recreation and leadership courses; 2403
13. The clubhouse and associated golf course 2404
where the golf course is adjacent to one or more residential 2405
developments and the golf course and all such developments 2406
collectively include at least two hundred (200) acres and at least 2407
one hundred fifty (150) residential units and are located a. in a 2408
county that has voted against coming out from under the dry law; 2409
and b. outside of but in close proximity to a municipality in such 2410
county which has voted under Section 67-1-14, after January 1, 2411
2013, to come out from under the dry law; 2412
14. The clubhouse and associated 2413
eighteen-hole golf course located in a municipality traversed by 2414
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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Interstate Highway 55 and U.S. Highway 51 that has voted to come 2415
out from under the dry law; 2416
15. a. Land that is planned for mixed-use 2417
development and consists of at least two hundred (200) contiguous 2418
acres with one or more planned residential developments 2419
collectively planned to include at least two hundred (200) 2420
residential units when completed, and also including a facility 2421
that consists of at least four thousand (4,000) square feet that 2422
is not part of such land but is located adjacent to or in close 2423
proximity thereto, and in addition, also including land located 2424
and beginning outside of and adjacent to the south boundary of the 2425
corporate limits of a municipality on South Montgomery Street and 2426
running approximately one (1) mile west outside of and along such 2427
corporate limits, then running in a straight line parallel to 2428
South Montgomery Street south to Poor House Road, then running 2429
east along Poor House Road to South Montgomery Street, and then 2430
running north along South Montgomery Street back to the point of 2431
beginning, and which land is located: 2432
A. In a county that has voted to 2433
come out from under the dry law, 2434
B. Outside the corporate limits of 2435
any municipality in such county and adjacent to or in close 2436
proximity to a golf course located in a municipality in such 2437
county, and 2438
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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C. Within one (1) mile of a state 2439
institution of higher learning; 2440
b. The board of supervisors of such 2441
county may by resolution or other order: 2442
A. Specify the hours of operation 2443
of facilities that offer alcoholic beverages for sale, 2444
B. Specify the percentage of 2445
revenue that facilities that offer alcoholic beverages for sale 2446
must derive from the preparation, cooking and serving of meals and 2447
not from the sale of beverages, and 2448
C. Designate the areas in which 2449
facilities that offer alcoholic beverages for sale may be located; 2450
16. Any facility with a capacity of five 2451
hundred (500) people or more, to be used as a venue for private 2452
events, on a tract of land in the Southwest Quarter of Section 33, 2453
Township 2 South, Range 7 East, of a county where U.S. Highway 45 2454
and U.S. Highway 72 intersect and that has not voted to come out 2455
from under the dry law; 2456
17. One hundred five (105) contiguous acres, 2457
more or less, located in Hinds County, Mississippi, and in the 2458
City of Jackson, Mississippi, whereon are constructed a variety of 2459
buildings, improvements, grounds or objects for the purpose of 2460
holding events thereon to promote agricultural and industrial 2461
development in Mississippi; 2462
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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18. Land that is owned by a state institution 2463
of higher learning, land that is owned by an entity that is bound 2464
by an affiliation agreement with a state institution of higher 2465
learning, or land that is owned by one or more other entities so 2466
long as such other entities are solely owned, either directly or 2467
through additional entities, by an institution of higher learning 2468
and/or one or more entities bound by affiliation agreements with 2469
such institution, and: 2470
a. Located entirely within a county that 2471
has elected by majority vote not to permit the transportation, 2472
storage, sale, distribution, receipt and/or manufacture of 2473
light * * * intoxicating beverages pursuant to Section 67-3-7; and 2474
b. A. Located adjacent to but outside 2475
the incorporated limits of a municipality that has elected by 2476
majority vote to permit the sale, receipt, storage and 2477
transportation of light * * * intoxicating beverages pursuant to 2478
Section 67-3-9; or 2479
B. Located in an area bounded on 2480
the north by College View Drive, on the east by Mississippi 2481
Highway 12 East, on the south by Mississippi Highway 12 East, on 2482
the west by Mill Street, on the north by Russell Street, then on 2483
the west by Colonel Muldrow Avenue, on the north by University 2484
Drive, on the west by Adkerson Way within a municipality through 2485
which run Mississippi Highway 25, Mississippi Highway 12 and U.S. 2486
Highway 82. 2487
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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If any portion of the land described in this item 18 has been 2488
declared a qualified resort area by the department before July 1, 2489
2020, then that qualified resort area shall be incorporated into 2490
the qualified resort area created by this item 18; 2491
19. Any facility and related property: 2492
a. Used as a flea market or similar 2493
venue during a weekend (Saturday and Sunday) immediately preceding 2494
the first Monday of a month and having an annual average of at 2495
least one thousand (1,000) visitors for each such weekend and five 2496
hundred (500) vendors for Saturday of each such weekend, and 2497
b. Located in a county that has not 2498
voted to come out from under the dry law and outside of but in 2499
close proximity to a municipality located in such county and which 2500
municipality has voted to come out from under the dry law; 2501
20. Blocks 1, 2 and 3 of the original town 2502
square in any municipality with a population in excess of one 2503
thousand five hundred (1,500) according to the latest federal 2504
decennial census and which is located in: 2505
a. A county traversed by Interstate 55 2506
and Interstate 20, and 2507
b. A judicial district that has not 2508
voted to come out from under the dry law; 2509
21. Any municipality with a population in 2510
excess of two thousand (2,000) according to the latest federal 2511
decennial census and in which is located a part of White's Creek 2512
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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Lake and in which U.S. Highway 82 intersects with Mississippi 2513
Highway 9 and located in a county that is partially bordered on 2514
one (1) side by the Big Black River; 2515
22. A restaurant located on a two-acre tract 2516
adjacent to a five-hundred-fifty-acre lake in the northeast corner 2517
of a county traversed by U.S. Interstate 55 and U.S. Highway 84; 2518
23. Any tracts of land in Oktibbeha County, 2519
situated north of Bailey Howell Drive, Lee Boulevard and Old 2520
Mayhew Road, east of George Perry Street and south of Mississippi 2521
Highway 182, and not located on the property of a state 2522
institution of higher learning; however, the board of supervisors 2523
of such county may by resolution or other order: 2524
a. Specify the hours of operation of 2525
facilities that offer alcoholic beverages for sale; 2526
b. Specify the percentage of revenue 2527
that facilities that offer alcoholic beverages for sale must 2528
derive from the preparation, cooking and serving of meals and not 2529
from the sale of beverages; and 2530
c. Designate the areas in which 2531
facilities that offer alcoholic beverages for sale may be located; 2532
24. A municipality in which Mississippi 2533
Highway 27 and Mississippi Highway 28 intersect; 2534
25. A municipality through which run 2535
Mississippi Highway 35 and Interstate 20; 2536
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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beverages.
26. A municipality in which Mississippi 2537
Highway 16 and Mississippi Highway 35 intersect; 2538
27. A municipality in which U.S. Highway 82 2539
and Old Highway 61 intersect; 2540
28. A municipality in which Mississippi 2541
Highway 8 meets Mississippi Highway 1; 2542
29. A municipality in which U.S. Highway 82 2543
and Mississippi Highway 1 intersect; 2544
30. A municipality in which Mississippi 2545
Highway 50 meets Mississippi Highway 9; 2546
31. An area bounded on the north by Pearl 2547
Street, on the east by West Street, on the south by Court Street 2548
and on the west by Farish Street, within a municipality bordered 2549
on the east by the Pearl River and through which run Interstate 20 2550
and Interstate 55; 2551
32. Any facility and related property that: 2552
a. Is contracted for mixed-use 2553
development improvements consisting of office and residential 2554
space and a restaurant and lounge, partially occupying the 2555
renovated space of a four-story commercial building which 2556
previously served as a financial institution; and adjacent 2557
property to the west consisting of a single-story office building 2558
that was originally occupied by the Brotherhood of Carpenters and 2559
Joiners of American Local Number 569; and 2560
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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b. Is situated on a tract of land 2561
consisting of approximately one and one-tenth (1.10) acres, and 2562
the adjacent property to the west consisting of approximately 0.5 2563
acres, located in a municipality which is the seat of county 2564
government, situated south of Interstate 10, traversed by U.S. 2565
Highway 90, partially bordered on one (1) side by the Pascagoula 2566
River and having its most southern boundary bordered by the Gulf 2567
of Mexico, with a population greater than twenty-two thousand 2568
(22,000) according to the 2010 federal decennial census; however, 2569
the governing authorities of such a municipality may by ordinance: 2570
A. Specify the hours of operation 2571
of facilities that offer alcoholic beverages for sale; 2572
B. Specify the percentage of 2573
revenue that facilities that offer alcoholic beverages for sale 2574
must derive from the preparation, cooking and serving of meals and 2575
not from the sale of beverages; and 2576
C. Designate the areas within the 2577
facilities in which alcoholic beverages may be offered for sale; 2578
33. Any facility with a maximum capacity of 2579
one hundred twenty (120) people that consists of at least three 2580
thousand (3,000) square feet being heated and cooled, has a 2581
commercial kitchen, has a pavilion that consists of at least nine 2582
thousand (9,000) square feet and is located on land more 2583
particularly described as follows: 2584
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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All that part of the East Half of the Northwest Quarter of 2585
Section 21, Township 7 South, Range 4 East, Union County, 2586
Mississippi, that lies South of Mississippi State Highway 348 2587
right-of-way and containing 19.48 acres, more or less. 2588
ALSO, 2589
The Northeast 38 acres of the Southwest Quarter of Section 2590
21, Township 7 South, Range 4 East, Union County, Mississippi. 2591
ALSO, 2592
The South 81 1/2 acres of the Southwest Quarter of Section 2593
21, Township 7 South, Range 4 East, Union County, Mississippi; 2594
34. A municipality in which U.S. Highway 51 2595
and Mississippi Highway 16 intersect; 2596
35. A municipality in which Interstate 20 2597
passes over Mississippi Highway 15; 2598
36. Any municipality that is bordered in its 2599
northwestern boundary by the Pearl River, traversed by U.S. 2600
Highway 49 and Interstate 20, and is located in a county which has 2601
voted against coming out from under the dry law; 2602
37. A municipality in which Mississippi 2603
Highway 28 and Mississippi Highway 29 North intersect; 2604
38. An area bounded as follows within a 2605
municipality through which run Interstate 22 and Mississippi 2606
Highway 15: Beginning at a point at the intersection of Bankhead 2607
Street and Tallahatchie Trails; then running to a point at the 2608
intersection of Tallahatchie Trails and Interstate 22; then 2609
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running to a point at the intersection of Interstate 22 and Carter 2610
Avenue; then running to a point at the intersection of Carter 2611
Avenue and Camp Avenue; then running to a point at the 2612
intersection of Camp Avenue and King Street; then running to a 2613
point at the intersection of King Street and E. Main Street; then 2614
running to a point at the intersection of E. Main Street and Camp 2615
Avenue; then running to a point at the intersection of Camp Avenue 2616
and Highland Street; then running to a point at the intersection 2617
of Highland Street and Adams Street; then running to a point at 2618
the intersection of Adams Street and Cleveland Street; then 2619
running to a point at the intersection of Cleveland Street and N. 2620
Railroad Avenue; then running to a point at the intersection of N. 2621
Railroad Avenue and McGill Street; then running to a point at the 2622
intersection of McGill Street and Snyder Street; then running to a 2623
point at the intersection of Snyder Street and Bankhead Street; 2624
then running to a point at the intersection of Bankhead Street and 2625
Tallahatchie Trails and the point of the beginning; 2626
39. A municipality through which run 2627
Mississippi Highway 43 and U.S. Highway 80; 2628
40. The coliseum in a municipality in which 2629
U.S. Highway 72 passes over U.S. Highway 45; 2630
41. A piece of property on the northeast 2631
corner of the T-intersection where Builders Square Drive meets 2632
Mississippi Highway 471; 2633
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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42. The clubhouse and associated golf course, 2634
tennis courts and related facilities and swimming pool and related 2635
facilities located on Oaks Country Club Road less than one-half 2636
(1/2) mile to the east of Mississippi Highway 15; 2637
43. Any facility located on land more 2638
particularly described as follows: 2639
The East Half (E 1/2) of the Southwest Quarter (SW 1/4) of 2640
Section 15, Township 3 North, Range 2 East; a 4 acre parcel in the 2641
Southwest Corner of the Southwest Quarter (SW 1/4) of the 2642
Southeast Quarter (SE 1/4), Section 15, Township 3 North, Range 2 2643
East, running 210 feet east and west and 840 feet running north 2644
and south; the Northeast Quarter (NE 1/4) of the Northwest Quarter 2645
(NW 1/4) of Section 22, Township 3 North, Range 2 East, all in 2646
Rankin County, Mississippi; 2647
44. Any facility located on land more 2648
particularly described as follows: 2649
Beginning at a point 1915 feet west and 2171 feet north of 2650
southeast corner, Section 11, Township 24 North, Range 2 West, 2651
Second Judicial District, Tallahatchie County, Mississippi, which 2652
point is the southwest corner of J.C. Section Lot mentioned in 2653
deed recorded in Book 50, page 34, in the records of the Chancery 2654
Clerk's Office at Sumner, in said District of said County; thence 2655
South 80° West, 19 feet to the east boundary of United States 2656
Highway 49-E, thence East along the east boundary of said Highway 2657
270 feet to point of beginning of Lot to be conveyed; thence 2658
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southeast along the east boundary of said Highway 204 feet to a 2659
concrete post at the intersection of the east boundary of said 2660
Highway with the west boundary of gravel road from Sumner to Webb, 2661
known as Oil Mill Road, thence Northwest along west boundary of 2662
said Oil Mill Road 194 feet to center of driveway running 2663
southwest from said Oil Mill Road to U.S. Highway 49-E; thence 2664
South 66° West along center of said driveway 128 feet to point of 2665
beginning, being situated in Northwest Quarter of Southeast 2666
Quarter of Section 11, together with all improvements situated 2667
thereon; 2668
45. Any facility that: 2669
a. Consists of at least five thousand 2670
six hundred (5,600) square feet being heated and cooled along with 2671
a lakeside patio that consists of at least two thousand two 2672
hundred (2,200) square feet, regardless of whether such patio is 2673
part of the facility and/or located adjacent to or in close 2674
proximity to the facility; 2675
b. Includes a caterer's kitchen and 2676
green room for entertainment preparation; 2677
c. For a fee is used to host events; and 2678
d. Is located adjacent to or in close 2679
proximity to an approximately nine-acre lake on property that 2680
consists of at least one hundred twenty (120) acres in a county 2681
traversed by Mississippi Highway 15 and U.S. Highway 278; 2682
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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46. Any municipality with a population in 2683
excess of one thousand (1,000) according to the 2010 federal 2684
decennial census and which is located in a county that is 2685
traversed by U.S. Highways 84 and 98 and has not voted to come out 2686
from under the dry law; 2687
47. The clubhouse and associated nine-hole 2688
golf course, tennis courts and related facilities and swimming 2689
pool and related facilities located on or near U.S. Highway 82 2690
between Mississippi Highway 15 and Mississippi Highway 9; 2691
48. The downtown square area bound by East 2692
Service Drive, Commerce Street, Second Street and Court Street and 2693
adjacent properties in a municipality through which run Interstate 2694
55, U.S. Highway 51 and Mississippi Highway 306; 2695
49. All parcels zoned for mixed-use 2696
development located west of Mississippi Highway 589, more than 2697
four hundred (400) feet north of Old Highway 24, east of 2698
Parkers Creek and Black Creek, and south of J M Burge Road; 2699
50. Any facility used by a soccer club and 2700
located on Old Highway 11 between one-tenth (0.1) and two-tenths 2701
(0.2) of a mile from its intersection with Oak Grove Road, in a 2702
county in which U.S. Highway 98 and Mississippi Highway 589 2703
intersect; 2704
51. Any municipality in which U.S. Highway 49 2705
and Mississippi Highway 469 intersect; 2706
52. Any facility that is: 2707
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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a. Owned by a Veterans of Foreign Wars 2708
(VFW) organization that is a nonprofit corporation and registered 2709
with the Mississippi Secretary of State; 2710
b. Used by such organization for its 2711
headquarters and other organization related purposes; and 2712
c. Located outside of a municipality in 2713
a county that has not voted to come out from under the dry law; 2714
53. The following within a municipality in 2715
which U.S. Highway 49 and U.S. 61 Highway intersect and through 2716
which flows the Sunflower River: 2717
a. An area bounded as follows: Starting 2718
at the southern point of the intersection of Sunflower Avenue and 2719
1st Street and going south along said avenue on its eastern side 2720
to 8th Street, then going east along said street on its northern 2721
side to West Tallahatchie Street, then going north along said 2722
street on its western side to 4th Street/Martin Luther King 2723
Boulevard, then going east along said street/boulevard on its 2724
northern side to Desoto Avenue, then going north along said avenue 2725
on its western side to 1st Street, then going west along said 2726
street on its southern side to the point of beginning along the 2727
southern side of Court Street; 2728
b. Lots located at or near the 2729
intersection of Madison Avenue, Walnut Street, and Riverside 2730
Avenue that are in a commercial zone; and 2731
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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c. Any facility located on the west side 2732
of Sunflower Avenue to the Sunflower River between the southern 2733
side of 6th Street and the northern side of 8th Street and which 2734
is operated as and/or was operated as a hotel or lodging facility, 2735
in consideration of payment, regardless of whether the facility 2736
meets the criteria for the definition of the term "hotel" in 2737
paragraph (l) of this section; and 2738
d. Any facility located on the west side 2739
of Sunflower Avenue to the Sunflower River between the southern 2740
side of 3rd Street and the northern side of 4th Street/Martin 2741
Luther King Boulevard and which is operated as and/or was operated 2742
as a musical venue, in consideration of payment; 2743
54. Any municipality in which Mississippi 2744
Highway 340 meets Mississippi Highway 15; 2745
55. Any municipality in which Mississippi 2746
Highway 540 and Mississippi Highway 149 intersect; 2747
56. Any municipality in which Mississippi 2748
Highway 15 and Mississippi Highway 345/Main Street intersect; 2749
57. The property and structures thereon at 2750
the following locations within a municipality through which run 2751
U.S. Highway 45 and Mississippi Highway 145 and in which 2752
Mississippi Highway 370 and Mississippi Highway 145 intersect: 2753
104 West Main Street, 106 West Main Street, 108 West Main Street, 2754
110 West Main Street and 112 West Main Street; 2755
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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58. Any municipality in which U.S. Highway 11 2756
and Main Street intersect and which is located in a county having 2757
two (2) judicial districts; 2758
59. Any municipality in which Interstate 22 2759
passes over Mississippi Highway 9; 2760
60. Any facility located on land more 2761
particularly described as follows: 2762
A certain parcel of land being situated in the Southeast 1/4 2763
of the Northeast 1/4 of Section 9, T3N-R3E, Rankin County, 2764
Mississippi, and being more particularly described as follows: 2765
Commence at an existing 1/2" iron pin marking the Southwest 2766
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 2767
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 2768
seconds East along the East line of the Southeast 1/4 of the 2769
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 2770
iron pin; leaving said East line of the Southeast 1/4 of the 2771
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 2772
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 2773
thence North 00 degrees 22 minutes 19 seconds East for a distance 2774
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 2775
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 2776
a set 1/2" iron pin marking the POINT OF BEGINNING of the parcel 2777
of land herein described; from said POINT OF BEGINNING, continue 2778
thence North 00 degrees 16 minutes 18 seconds East along an 2779
existing fence for a distance of 493.27 feet to an existing 1/2" 2780
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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iron pin; run thence North 03 degrees 08 minutes 15 seconds East 2781
for a distance of 170.22 feet to an existing 1/2" iron pin on the 2782
North line of the aforesaid Southeast 1/4 of the Northeast 1/4 of 2783
Section 9; run thence North 89 degrees 46 minutes 45 seconds East 2784
along said North line of the Southeast 1/4 of the Northeast 1/4 of 2785
Section 9 for a distance of 1,305.51 feet to an existing 1/2" iron 2786
pin marking Northeast corner thereof; leaving said North line of 2787
the Southeast 1/4 of the Northeast 1/4 of Section 9, run thence 2788
South 00 degrees 08 minutes 35 seconds West along the East line of 2789
said Southeast 1/4 of the Northeast 1/4 of Section 9 for a 2790
distance of 663.19 feet to a set 1/2" iron pin; leaving said East 2791
line of the Southeast 1/4 of the Northeast 1/4 of Section 9, run 2792
thence South 89 degrees 46 minutes 45 seconds West for a distance 2793
of 1,315.51 feet to the POINT OF BEGINNING, containing 20.00 2794
acres, more or less. 2795
And Also: An easement for the purpose of ingress and egress 2796
being situated in the Southeast 1/4 of the Northeast 1/4 and in 2797
the Northeast 1/4 of the Southeast 1/4 of Section 9, T3N-R3E, 2798
Rankin County, Mississippi, and being more particularly described 2799
as follows: 2800
Begin at an existing 1/2" iron pin marking the Southwest 2801
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 2802
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 2803
seconds East along the East line of the Southeast 1/4 of the 2804
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 2805
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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iron pin; leaving said East line of the Southeast 1/4 of the 2806
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 2807
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 2808
thence North 00 degrees 22 minutes 19 seconds East for a distance 2809
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 2810
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 2811
a set 1/2" iron pin; run thence North 89 degrees 46 minutes 45 2812
seconds East for a distance of 25.00 feet to a set 1/2" iron pin; 2813
run thence South 00 degrees 16 minutes 18 seconds West for a 2814
distance of 76.66 feet to a set 1/2" iron pin; run thence South 00 2815
degrees 22 minutes 19 seconds West for a distance of 619.81 feet 2816
to a set 1/2" iron pin; run thence South 89 degrees 43 minutes 01 2817
seconds West for a distance of 26.81 feet to a set 1/2" iron pin; 2818
run thence North 00 degrees 06 minutes 13 seconds East along the 2819
West line of the aforesaid Northeast 1/4 of the Southeast 1/4 of 2820
Section 9 for a distance of 25.00 feet to the POINT OF BEGINNING, 2821
containing 17,525.4 square feet, more or less. 2822
61. Any municipality bordered on the east by 2823
the Pascagoula River and on the south by the Mississippi Sound; 2824
62. The property and structures thereon 2825
located at parcel numbers 4969 198 000; 4969 200 000; 4969 201 2826
000; 4969 206 000; 4969 207 000; 4969 208 000; 4969 218 000; 4969 2827
199; 4969 204 000 and 4969 204 001, all in Block 4 of the original 2828
town square in any municipality with a population in excess of one 2829
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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thousand five hundred (1,500) according to the latest federal 2830
decennial census and which is located in: 2831
a. A county traversed by Interstate 55 2832
and Interstate 20, and 2833
b. A judicial district that has not 2834
voted to come out from under the dry law; 2835
63. Any municipality in which Mississippi 2836
Highway 12 meets Mississippi Highway 17; 2837
64. Any municipality in which U.S. Highway 49 2838
and Mississippi Highway 469 intersect; 2839
65. The clubhouse and associated nine-hole 2840
golf course and related facilities located on or near the eastern 2841
corner of the point at which Golf Course Road meets Athens Road, 2842
in a county in which Mississippi Highway 13 and Mississippi 2843
Highway 28 intersect, with GPS coordinates of approximately 2844
31.900370078041004, -89.7928067652611; 2845
66. Any facility located at the 2846
south-to-southwest corner of the intersection of Madison Street 2847
and Bolton Brownsville Road, in a municipality in which Bolton 2848
Brownsville Road passes over Interstate 20, with GPS coordinates 2849
of approximately 32.349067271758955, -90.4596221146197; 2850
67. Any facility located at the northwest 2851
corner of the intersection of Depot Street and Madison Street, in 2852
a municipality in which Bolton Brownsville Road passes over 2853
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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Interstate 20, with GPS coordinates of approximately 2854
32.34903152971068, -90.46047660172901; 2855
68. Any facility located on Hinds Boulevard 2856
approximately three-tenths (0.3) of a mile south of the point at 2857
which Hinds Boulevard diverges from Clinton Road, in a 2858
municipality whose northern boundary partially consists of Snake 2859
Creek Road, and whose southern boundary partially consists of 2860
Mississippi Highway 18, with GPS coordinates of approximately 2861
32.26384517526713, -90.41586570183475; 2862
69. Any facility located on Pleasant Grove 2863
Drive approximately one and three-tenths (1.3) miles southeast of 2864
its intersection with Harmony Drive, in a county through which run 2865
Interstate 55 and U.S. Highway 84, with GPS coordinates of 2866
approximately 31.512043770371907, -90.2506094382595; 2867
70. Any facility located immediately north of 2868
the intersection of two roads, both named Mason Clark Drive, 2869
located between two-tenths (0.2) and three-tenths (0.3) of a mile 2870
southwest of Mississippi Highway 57/63, with GPS coordinates of 2871
approximately 31.135950529733048, -88.53068674585575; 2872
71. Any facility located on Raj Road 2873
approximately three-tenths (0.3) of a mile south of Mississippi 2874
Highway 57/63, with GPS coordinates of approximately 2875
31.139553708288418, -88.53411203512971; 2876
72. Any facility located on Raj Road 2877
approximately one-tenth (0.1) of a mile south of Mississippi 2878
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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Highway 57/63, with GPS coordinates of approximately 2879
31.14184097577295, -88.53287700849411; 2880
73. Any municipality through which run U.S. 2881
Highway 45 and Mississippi Highway 145 and in which Mississippi 2882
Highway 370 and Mississippi Highway 145 intersect; however, this 2883
designation as a qualified resort area shall only apply to the 2884
portion of such municipality which is located in a county that has 2885
not voted to come out from under the dry law; 2886
74. A municipality through which runs a 2887
portion of the Tanglefoot Trail and in which Mississippi Highway 2888
32 and East Front Street intersect; 2889
75. Lot Three (3) in Block One Hundred 2890
Seventy-eight (178) of the D.H. McInnis First Survey, sometimes 2891
referred to as D.H. McInnis Railroad Addition, to the City of 2892
Hattiesburg, the said lot having a frontage of thirty (30) feet on 2893
the Eastern side of Front Street and extending back between 2894
parallel lines ninety (90) feet to an alley, and being located in 2895
the Northwest Quarter of Section 10, Township 4 North, Range 13 2896
West, Forrest County, Mississippi; 2897
76. An area of land in George County of 2898
approximately eight and five hundredths (8.05) acres, bordered on 2899
the east and northeast by Brushy Creek, on the northwest by Brushy 2900
Creek Road, on the west by Beaver Creek Road, and on the south by 2901
a property boundary running east and west; 2902
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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77. A municipality in which Mississippi 2903
Highway 15 intersects with Webster Street, and in which Webster 2904
Street splits into Mill Street and Maben Starkville Road; 2905
78. A municipality in which Mississippi 2906
Highway 492 meets Mississippi Highway 35; 2907
79. A facility operating as an event venue 2908
and located on Mississippi Highway 589, with GPS coordinates of 2909
approximately 31.36730, -89.50548; 2910
80. An area situated in the SW 1/4 of Section 2911
12, T7N-R2E, Madison County, Mississippi, and commencing at the 2912
point on the Ross Barnett Reservoir directly east of the 2913
intersection of North Natchez Street and Louisiana Street, then go 2914
west on Louisiana Street to the intersection of Louisiana Street 2915
and Andrew Jackson Street, then west on Andrew Jackson Street to 2916
the intersection of Andrew Jackson Street and Choctaw Street, then 2917
north on Choctaw Street to the intersection of Choctaw Street and 2918
Republic Street, then west on Republic Street to the intersection 2919
of Republic Street and Port Street, then north on Port Street to 2920
the Natchez Trace right-of-way, then east on the Natchez Trace 2921
right-of-way to the Ross Barnett Reservoir, then following the 2922
Ross Barnett Reservoir south back to the point of beginning; 2923
81. Any facility located on land more 2924
particularly described as follows: 2925
Commencing at a fence corner at the Northeast corner of 2926
Section 34, Township 6 South, Range 3 East, Union County, 2927
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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Mississippi, for the point of beginning; thence run South 00 2928
degrees 31 minutes 39 seconds East, along the Section line, a 2929
distance of 161.83 feet to a one-half inch iron pin, thence North 2930
88 degrees 20 minutes 48 seconds West, along a fence, a distance 2931
of 1221.09 feet to a one-half iron pin, thence South 09 degrees 45 2932
minutes 37 seconds West, along a fence, a distance of 61.49 feet 2933
to a one-half inch iron pin, thence North 84 degrees l8 minutes 01 2934
seconds West, along a fence, (passing through a one-half inch iron 2935
pin at 196.83 feet) a distance of 234.62 feet to a mag-nail on the 2936
centerline of Union County Road No. 137, thence North 11 degrees 2937
00 minutes 29 seconds East a distance of 187.87 feet to a one-half 2938
inch iron pin on the West edge of said road, thence North 29 2939
degrees 41 minutes 28 seconds East a distance of 59.28 feet to a 2940
point on the centerline of said road, thence South 89 degrees 13 2941
minutes 02 seconds East (passing through a one-half inch iron pin 2942
at 30.0 feet) along the South line of the Bernard Whiteside 2943
property as recorded in Deed Book 117, Pages 517-518 and Deed Book 2944
214, page 109, a distance of 646.07 feet to a concrete monument, 2945
thence South 89 degrees 13 minutes 02 seconds East a distance of 2946
751.31 feet to a one-half inch iron pin, thence South 00 degrees 2947
31 minutes 39 seconds East, along the aforesaid Section line, a 2948
distance of 52.93 feet to the point of beginning, said tract lying 2949
in the Southeast Quarter of Section 27, and the Northeast Quarter 2950
of Section 34, Township 6 South, Range 3 East and containing 6.99 2951
acres. 2952
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
26/SS36/R32.2
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Subject to a perpetual all purpose non-exclusive easement for 2953
ingress, egress and public utilities together the right to enter 2954
upon the above described property and do any and all work 2955
necessary to build, repair and maintain a roadway or well or 2956
install public utilities all over upon and across the following 2957
described property: 2958
A 25.0 foot easement for ingress and egress, being 12.5 feet 2959
to the right and 12.5 feet to the left of the following described 2960
centerline: Commencing at a fence corner at the Northeast corner 2961
of Section 34, Township 6 South, Range 3 East, Union County, 2962
Mississippi, thence run South 00 degrees 31 minutes 39 seconds 2963
East, along the Section line, a distance of 149.33 feet to the 2964
point of beginning; thence North 88 degrees 20 minutes 48 seconds 2965
West a distance of 1231.46 feet to a point, thence South 09 2966
degrees 45 minutes 37 seconds West a distance of 61.49 feet to a 2967
point, thence North 84 degrees 18 minutes 01 seconds West a 2968
distance of 221.82 feet to a point on the centerline of Union 2969
County Road #137, said tract lying in the Northeast Quarter of 2970
Section 34, Township 6 South, Range 3 East; 2971
82. A country club located: 2972
a. In a county in which Mississippi 2973
Highway 15 and Mississippi Highway 16 intersect and which county 2974
has not voted to come out from under the dry law, and 2975
b. Outside the corporate limits of any 2976
municipality in such county and within one (1) mile of the 2977
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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corporate limits of a municipality that is the county seat of such 2978
county; 2979
83. Any facility located on North Jackson 2980
Street in a municipality through which run Mississippi Highway 8 2981
and Mississippi Highway 15, with GPS coordinates of approximately 2982
33.913692, -89.005219; 2983
84. Any facility located on North Jackson 2984
Street in a municipality through which run Mississippi Highway 8 2985
and Mississippi Highway 15, with GPS coordinates of approximately 2986
33.905581, -89.00200; 2987
85. Any facility located on land more 2988
particularly described as follows: 2989
Commencing at the Southeast corner of Section 4, Township 2990
6 South, Range 18 West, Pearl River County, Mississippi; 2991
thence West 1310.00 feet to a T-bar; thence North 745.84 feet; 2992
thence East 132.00 feet to a 1" iron pipe; thence North 83.61 2993
feet for the Point of Beginning; thence South 79 degrees 02 2994
minutes 61 seconds West 248.28 feet; thence West 76.35 feet; 2995
thence North 20 degrees 00 minutes 00 seconds West 185.54 2996
feet; thence North 52 degrees 43 minutes 14 seconds East 365.98 2997
feet to a 1" iron pipe on the West margin of Henry Smith Road, 2998
a gravel/paved, public road; thence along said margin South 17 2999
degrees 59 minutes 13 seconds East 299.09 feet; thence South 3000
64.39 feet to the Point of Beginning. This parcel containing 3001
2.19 acres and being a part of the East 1/2 of Section 4, 3002
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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Township 6 South, Range 18 West, Pearl River County, 3003
Mississippi. 3004
INDEXING: BEING A PART OF THE EAST 1/2 OF SECTION 4, 3005
TOWNSHIP 6 SOUTH, RANGE 18 WEST, PEARL RIVER COUNTY, 3006
MISSISSIPPI; 3007
86. Any facility located on land in a county 3008
through which run Mississippi Highway 25 and U.S. Highway 82 and 3009
more particularly described as follows: Beginning at a point with 3010
GPS coordinates of approximately 33.331869, -88.715054; then 3011
running in a straight line to a point with GPS coordinates of 3012
approximately 33.336207, -88.713453; then running in a straight 3013
line to a point with GPS coordinates of approximately 33.335369, 3014
-88.709835; then running in a straight line to a point with GPS 3015
coordinates of approximately 33.330870, -88.711496; then running 3016
in a straight line to a point with GPS coordinates of 3017
approximately 33.331869, -88.715054 and the point of the 3018
beginning; 3019
87. Any facility located on land that is 3020
owned by a community college that is located in a county through 3021
which run U.S. Highway 51 and Mississippi Highway 4; 3022
88. Any facility located on Mississippi 3023
Highway 23/178 in a municipality in which Mississippi Highway 3024
23/178 and Stone Drive intersect, with GPS coordinates of 3025
approximately 34.235269, -88.262409; 3026
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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89. Any facility located on U.S. Highway 51 3027
in a municipality through which run Interstate 55, U.S. Highway 51 3028
and the Natchez Trace Parkway, with GPS coordinates of 3029
approximately 32.42042°N, 90.13473°W; 3030
90. Any facility located on Mullican Road in 3031
a county through which run U.S. Highway 84 and Interstate 59, 3032
with GPS coordinates of approximately 31.73395N, 89.18186W; 3033
91. Any facility located on land in a county 3034
through which run Mississippi Highway 25 and U.S. Highway 82 and 3035
more particularly described as follows: Beginning at a point with 3036
GPS coordinates of approximately 33.37391, -88.80645; then running 3037
in a straight line to a point with GPS coordinates of 3038
approximately 33.37391, -88.79972; then running in a straight line 3039
to a point with GPS coordinates of approximately 33.36672, 3040
-88.80644; then running in a straight line to a point with GPS 3041
coordinates of approximately 33.36674, -88.79971; then running in 3042
a straight line to a point with GPS coordinates of approximately 3043
33.37391, -88.80645 and the point of the beginning; 3044
92. Any facility located on land more 3045
particularly described as follows: 3046
All that part of the South half (S 1/2) of the SE 1/4 of NE 3047
1/4 of Section 14, Township 4 North, Range 15 West, lying and 3048
being West of State Highway No. 589, containing one (1) acre, more 3049
or less. 3050
LESS AND EXCEPT: 3051
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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beverages.
Begin at the point of intersection of the North line of the 3052
South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 14, 3053
Township 4 North, Range 15 West with the present Southwesterly 3054
right-of-way line of Mississippi Highway No. 589, said point is 3055
also the Northeast corner of grantor property; said point is 50.6 3056
feet West of Station 7 + 59.27 on the centerline of survey of 3057
Mississippi Highway No. 589 as shown on the plans for State 3058
Project No. SP-0014-2(10); from said POINT OF BEGINNING run thence 3059
South 08°57' East along said present Southwesterly right-of-way 3060
line, a distance of 37.1 feet to a point that is perpendicular to 3061
and 50 feet Southwesterly of Station 7 + 30 on the centerline of 3062
survey of Mississippi Highway 589 as shown on the plans for said 3063
project; run thence South 81°03' West, a distance of 35.7 feet to 3064
the West line of the South 1/2 of the Southeast 1/4 of the 3065
Northeast 1/4 of said Section 14 and the West line of grantors 3066
property; run thence North along said West property line, a 3067
distance of 42.2 feet to the Northwest corner of the South 1/2 of 3068
the Southeast 1/4 of the Northeast 1/4 of said Section 14 and the 3069
Northwest corner of grantors property; run thence East along 3070
grantors North property line, a distance of 29.5 feet to the POINT 3071
OF BEGINNING containing 0.03 acres, more or less, and all being 3072
situated in and a part of the South 1/2 of the Southeast 1/4 of 3073
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 3074
Lamar County, Mississippi. 3075
LESS AND EXCEPT: 3076
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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beverages.
A part of the South one-half of the Southeast 1/4 of 3077
Northeast 1/4, Northerly of a certain fence and West of 3078
Mississippi State Highway 589, in Section 14, Township 4 North, 3079
Range 15 West, Lamar County, Mississippi and more particularly 3080
described as commencing at a pine (lighter) stake being used as 3081
the Southwest corner of the Northeast 1/4 of Southeast 1/4 of the 3082
above said Section 14, thence North and along the West line of the 3083
East 1/4 of the above said Section 14 1638.8 feet to the POINT OF 3084
BEGINNING. Thence continue North and along the West line of the 3085
East 1/4 of the above said Section 14, 278.5 feet to the Southerly 3086
line of the property Bobby G. Aultman and Marilyn S. Aultman 3087
previously sold to the Mississippi State Highway Department; 3088
thence North 81°03' East and along the above said Southerly 3089
property line for 35.7 feet more or less to the Westerly 3090
right-of-way line of Mississippi State Highway 589; thence 3091
Southeasterly and along the above said Westerly right-of-way line 3092
232.7 feet to a concrete right-of-way marker; thence South 51°39' 3093
West and along the Northerly line of a wooden fence 88 feet to the 3094
POINT OF BEGINNING. 3095
AND ALSO: 3096
A parcel of land in a part of the Southeast 1/4 of Northwest 3097
1/4 and a part of the Southwest 1/4, Section 14, Township 4 North, 3098
Range 15 West, Lamar County, Mississippi, and more particularly 3099
described as beginning at a point where the Southerly right-of-way 3100
line of U.S. Highway 98 intersects the West line of the above said 3101
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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Southeast 1/4 of Northwest 1/4; thence North 67°34' East and along 3102
the Southerly right-of-way line of said highway 208.75 feet; 3103
thence South 208.75 feet; thence South 67°34' West 208.75 feet; 3104
thence South 141.3 feet; thence North 89°07'30" West 388.9 feet to 3105
the centerline of Parkers Creek; thence Northerly and along the 3106
centerline of said creek for the next three (3) calls: North 3107
35°53' East 115.6 feet; North 25°05' East 68.5 feet; North 3108
09°51'30" West 64.3 feet to the Southerly right-of-way line of 3109
U.S. Highway 98; thence North 67°34' East and along the Southerly 3110
right-of-way line of said highway 327.85 feet to the POINT OF 3111
BEGINNING. The above described area contains 3.02 acres. 3112
AND ALSO: 3113
Commencing at the Southwest corner of the Southwest 1/4 of 3114
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 3115
Lamar County, Mississippi, run South 88°05'27" East 310.00 feet, 3116
thence South 0°53'16" West 60.50 feet to a point on a fence line, 3117
thence run along fence line South 88°05'27" East 718.93 feet to 3118
the POINT OF BEGINNING, thence North 08°48'10" West 714.67 feet to 3119
a point on the South right-of-way line of Highway No. 98, thence 3120
along said right-of-way along a curve to the right with a delta 3121
angle of 02°04'26" having a radius of 5603.58 feet and an arc 3122
length of 202.84 feet, with a chord bearing a distance of North 3123
71°53'47" East 202.83 feet to a Concrete Highway right-of-way 3124
marker, thence South 20°09'13" East 328.13 feet, thence South 3125
69°00'47" East 117.68 feet, thence South 0°58'19" West 429.12 feet 3126
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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to a Point on Possession Line fence, thence along said fence North 3127
88°05'27" West 299.23 feet back to the POINT OF BEGINNING, 3128
containing 5.0885 acres, more or less and being situated in the SW 3129
1/4 of the NE 1/4 and the NW 1/4 of the SE l/4 of said Section 14, 3130
together with all improvements and appurtenances thereunto 3131
belonging. 3132
AND ALSO: 3133
PARCEL NUMBER ONE: That part of the Northwest Quarter of the 3134
Southwest Quarter (Northwest 1/4 of the Southwest 1/4) of Section 3135
14, Township 4 North, Range 15 West, of Lamar County, Mississippi, 3136
being located and situated East of the center thread of Mill Creek 3137
as the same presently runs through and bisects said 40-acre tract, 3138
and comprising 10.9 acres, more or less, and all being part of the 3139
Northwest Quarter of the Southwest Quarter (Northwest 1/4 of the 3140
Southwest 1/4) of said Section, Township and Range, Lamar County, 3141
Mississippi. 3142
AND ALSO: 3143
PARCEL NUMBER TWO: A part of the Southeast Quarter of the 3144
Northwest Quarter (Southeast 1/4 of the Northwest 1/4) and part of 3145
the Northeast Quarter of the Southwest (Northeast 1/4 of the 3146
Southwest 1/4) all in Section 14, Township 4 North, Range 15 West, 3147
Lamar County, Mississippi, being more particularly described as 3148
follows, to wit: 3149
Beginning at a point where the South margin of State Highway 3150
98 intersects the West margin of the Southeast 1/4 of the 3151
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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Northwest 1/4 of Section 14, Township 4 North, Range 15 West, and 3152
run Easterly along the South margin of said highway right-of-way 3153
208.75 feet; thence South 208.75 feet; thence Westerly parallel 3154
with the South margin of said highway right-of-way 208.75 feet to 3155
the West forty line; thence North 208.75 feet to the POINT OF 3156
BEGINNING, containing 1 acre, more or less. 3157
LESS AND EXCEPT: 3158
Begin at the point of intersection of an Easterly line of 3159
grantors property with the present Southerly right-of-way line of 3160
U.S. Highway 98 as shown on the plans for State Project No. 3161
97-0014-02-044-10; from said POINT OF BEGINNING run thence South 3162
02°56' West along said Easterly property line, a distance of 127.6 3163
feet; thence run South 69°11' West, a distance of 52.9 feet; 3164
thence run South 67°13' West, a distance of 492.7 feet to the 3165
Westerly line of grantors property and the center of a creek; 3166
thence run Northerly along said Westerly property line and said 3167
center of creek, a distance of 122.8 feet to said present 3168
Southerly right-of-way line; thence run North 67°13' East along 3169
said present Southerly right-of-way line, a distance of 553.4 feet 3170
to the POINT OF BEGINNING, containing 1.43 acres, more or less, 3171
and being situated in and a part of the North 1/2 of the Southwest 3172
1/4 of Section 14, Township 4 North, Range 15 West, Lamar County, 3173
Mississippi. 3174
LESS AND EXCEPT: 3175
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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COMMENCING AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 4 3176
NORTH, RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI, PROCEED EAST 3177
2136.60 FEET; THENCE NORTH 2508.67 FEET TO AN IRON PIN AND THE 3178
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 3179
FROM THE DESCRIBED POINT OF BEGINNING, PROCEED NORTH 3180
11°19'49" EAST 217.55 FEET TO AN IRON PIN; THENCE NORTH 40°11'01" 3181
EAST 118.28 FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 3182
179.15 FEET TO AN IRON PIN ON THE SOUTHERN BOUNDARY OF U.S. 3183
HIGHWAY 98; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY BOUNDARY OF 3184
SAID HIGHWAY AS FOLLOWS: SOUTH 67°35'21" WEST 699.55 FEET TO AN 3185
IRON PIN; THENCE SOUTH 69°16'57" WEST 67.67 FEET TO A CONCRETE 3186
RIGHT-OF-WAY MARKER; THENCE SOUTH 67°35'21" WEST 310.34 FEET TO AN 3187
IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 01°25'53" WEST 3188
667.21 FEET TO AN IRON PIN; THENCE NORTH 67°35'21" EAST 491.91 3189
FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 193.77 FEET TO AN 3190
IRON PIN; THENCE NORTH 67°35'21" EAST 629.48 FEET BACK TO THE 3191
POINT OF BEGINNING. 3192
SAID PARCEL CONTAINS 12.39 ACRES AND IS LOCATED PART IN THE 3193
SE 1/4 OF THE NW 1/4, PART IN THE NE 1/4 OF THE SW 1/4, AND PART 3194
IN THE NW 1/4 OF THE SW 1/4, ALL IN SECTION 14, TOWNSHIP 4 NORTH, 3195
RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI; 3196
93. The clubhouse and associated golf course, 3197
tennis courts, swimming pools and related facilities located at 3198
333 Fairway Drive, Pontotoc, Mississippi; 3199
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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94. Any facility located on land more 3200
particularly described as follows: 3201
A 4.16 acre parcel being situated in the SE 1/4 of SE 1/4 of 3202
Section 31, T3N-R1E, Rankin County, Mississippi, and being more 3203
particularly described as follows: 3204
Commencing at the SE corner of said Section 31, run thence 3205
WEST - 643.33 feet to a point on the mean high water line of the 3206
Pearl River; thence North 10 degrees 50 minutes 51 seconds West - 3207
444.38 feet along said mean high water line; thence North 11 3208
degrees 58 minutes 08 seconds West - 58.90 feet along said mean 3209
high water line to the POINT OF BEGINNING: run thence North 11 3210
degrees 58 minutes 08 seconds West - 326.63 feet along said mean 3211
high water line; thence North 19 degrees 52 minutes 24 seconds 3212
West - 74.80 feet along said mean high water line; thence North 78 3213
degrees 01 minutes 52 seconds East - 464.81 feet; thence South 07 3214
degrees 25 minutes 10 seconds East - 39.75 feet; thence South 11 3215
degrees 58 minutes 08 seconds East - 361.10 feet; thence South 78 3216
degrees 01 minutes 52 seconds West - 451.31 feet to the POINT OF 3217
BEGINNING. 3218
TOGETHER WITH a 30 foot wide access easement being situated 3219
in the SE 1/4 of Section 31, T3N, R1E, Rankin County, Mississippi; 3220
being 15 feet either side of a centerline and being more 3221
particularly described as follows: 3222
Commencing at the SE corner of said Section, run thence North 3223
- 380.22 feet to a point on the northerly right-of-way of Moncure 3224
S. B. No. 2572 *SS36/R32.2* ~ OFFICIAL ~
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Road; thence North 86 degrees 39 minutes 56 seconds West - 257.25 3225
feet along said road to the POINT OF BEGINNING; run thence North 3226
11 degrees 58 minutes 08 seconds West - 557.86 feet to the POINT 3227
OF TERMINUS; 3228
95. Any municipality in which Mississippi 3229
Highway 26 and U.S. Highway 11 intersect and a public community 3230
college is located; 3231
96. Any municipality in which Mississippi 3232
Highway 15 meets U.S. Highway 82; 3233
97. Any facility and/or venue and related 3234
property at 305 South Monroe Street, Houston, Mississippi. 3235
The status of these municipalities, districts, clubhouses, 3236
facilities, golf courses and areas described in this paragraph 3237
(o)(iii) as qualified resort areas does not require any 3238
declaration of same by the department. 3239
The governing authorities of a municipality or county 3240
described, in whole or in part, in item 6, 21, 24, 25, 26, 27, 28, 3241
29, 30, 31, 34, 35, 36, 37, 38, 39, 46, 48, 51, 53, 54, 55, 56, 3242
58, 59, 61, 63, 64, 66, 67, 68, 73, 74, 83, 84, 93, 94, 95, 96, or 3243
97 of this paragraph (o)(iii) may by ordinance, with respect to 3244
the qualified resort area described in the same item: specify the 3245
hours of operation of facilities offering alcoholic beverages for 3246
sale; specify the percentage of revenue that facilities offering 3247
alcoholic beverages for sale must derive from the preparation, 3248
cooking and serving of meals and not from the sale of beverages; 3249
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and designate the areas in which facilities offering alcoholic 3250
beverages for sale may be located. 3251
(p) "Native wine" means any product, produced in 3252
Mississippi for sale, having an alcohol content not to exceed 3253
twenty-one percent (21%) by weight and made in accordance with 3254
revenue laws of the United States, which shall be obtained 3255
primarily from the alcoholic fermentation of the juice of ripe 3256
grapes, fruits, berries, honey or vegetables grown and produced in 3257
Mississippi; provided that bulk, concentrated or fortified wines 3258
used for blending may be produced without this state and used in 3259
producing native wines. The department shall adopt and promulgate 3260
rules and regulations to permit a producer to import such bulk 3261
and/or fortified wines into this state for use in blending with 3262
native wines without payment of any excise tax that would 3263
otherwise accrue thereon. 3264
(q) "Native winery" means any place or establishment 3265
within the State of Mississippi where native wine is produced, in 3266
whole or in part, for sale. 3267
(r) "Bed and breakfast inn" means an establishment 3268
within a municipality where in consideration of payment, breakfast 3269
and lodging are habitually furnished to travelers and wherein are 3270
located not less than eight (8) and not more than nineteen (19) 3271
adequately furnished and completely separate sleeping rooms with 3272
adequate facilities, that persons usually apply for and receive as 3273
overnight accommodations; however, such restriction on the minimum 3274
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beverages.
number of sleeping rooms shall not apply to establishments on the 3275
National Register of Historic Places. No place shall qualify as a 3276
bed and breakfast inn under this article unless on the date of the 3277
initial application for a license under this article more than 3278
fifty percent (50%) of the sleeping rooms are located in a 3279
structure formerly used as a residence. 3280
(s) "Board" shall refer to the Board of Tax Appeals of 3281
the State of Mississippi. 3282
(t) "Spa facility" means an establishment within a 3283
municipality or qualified resort area and owned by a hotel where, 3284
in consideration of payment, patrons receive from licensed 3285
professionals a variety of private personal care treatments such 3286
as massages, facials, waxes, exfoliation and hairstyling. 3287
(u) "Art studio or gallery" means an establishment 3288
within a municipality or qualified resort area that is in the sole 3289
business of allowing patrons to view and/or purchase paintings and 3290
other creative artwork. 3291
(v) "Cooking school" means an establishment within a 3292
municipality or qualified resort area and owned by a nationally 3293
recognized company that offers an established culinary education 3294
curriculum and program where, in consideration of payment, patrons 3295
are given scheduled professional group instruction on culinary 3296
techniques. For purposes of this paragraph, the definition of 3297
cooking school shall not include schools or classes offered by 3298
grocery stores, convenience stores or drugstores. 3299
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(w) "Campus" means property owned by a public school 3300
district, community or junior college, college or university in 3301
this state where educational courses are taught, school functions 3302
are held, tests and examinations are administered or academic 3303
course credits are awarded; however, the term shall not include 3304
any "restaurant" or "hotel" that is located on property owned by a 3305
community or junior college, college or university in this state, 3306
and is operated by a third party who receives all revenue 3307
generated from food and alcoholic beverage sales. 3308
(x) "Native spirit" shall mean any beverage, produced 3309
in Mississippi for sale, manufactured primarily by the 3310
distillation of fermented grain, starch, molasses or sugar 3311
produced in Mississippi, including dilutions and mixtures of these 3312
beverages. In order to be classified as "native spirit" under the 3313
provisions of this article, at least fifty-one percent (51%) of 3314
the finished product by volume shall have been obtained from 3315
distillation of fermented grain, starch, molasses or sugar grown 3316
and produced in Mississippi. 3317
(y) "Native distillery" shall mean any place or 3318
establishment within this state where native spirit is produced in 3319
whole or in part for sale. 3320
(z) "Warehouse operator" shall have the meaning 3321
ascribed in Section 67-1-201. 3322
(aa) "Craft spirit" shall mean any alcoholic beverage 3323
produced, in whole or in part, in Mississippi by a distillery 3324
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beverages.
created under the laws of Mississippi at a location within 3325
Mississippi. 3326
(bb) "Craft distillery" shall mean any place or 3327
establishment within this state where craft spirit is produced in 3328
whole or in part. 3329
(cc) "Light intoxicating beverage" shall have the 3330
meaning ascribed in Section 67-3-3. 3331
SECTION 55. Section 67-1-18, Mississippi Code of 1972, is 3332
amended as follows: 3333
67-1-18. (1) Any alcoholic beverage, light * * * 3334
intoxicating beverage or raw material seized under the authority 3335
of this article, Chapter 3 of Title 67, or Chapter 31 of Title 97, 3336
Mississippi Code of 1972, shall be submitted to the custody of 3337
the * * * department * * * for disposition. 3338
(2) (a) Except as otherwise provided in this paragraph, the 3339
department shall not dispose of any alcoholic beverage, 3340
light * * * intoxicating beverage or raw material without first 3341
providing reasonable notice to all individuals having an interest 3342
in the property and an opportunity for them to appear and 3343
establish their right or claim to the property. If no hearing is 3344
requested by the passage of the appropriate deadline, the 3345
department shall require the alcoholic beverages, light * * * 3346
intoxicating beverages or raw materials to be sold for the benefit 3347
of the state or destroyed. 3348
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(b) The provisions of paragraph (a) of this subsection 3349
shall not apply in cases in which the owner or possessor of the 3350
alcoholic beverage, light * * * intoxicating beverage or raw 3351
material is convicted of selling or possessing alcoholic 3352
beverages, * * * light intoxicating beverages or raw materials in 3353
a manner or location prohibited by law, or convicted of a 3354
violation of Section 67-1-81(2) or 67-3-70. In such cases, the 3355
alcoholic beverage, light * * * intoxicating beverage or raw 3356
materials seized in connection with the violation may be disposed 3357
of in the manner prescribed by the department. 3358
(3) (a) If the department orders the property, other than 3359
alcoholic beverages, sold, then the property shall be sold to the 3360
highest bidder, the bidder being any person, firm or government 3361
agency. The offer for sale shall be made to not less than three 3362
(3) qualified prospective buyers, by mailing them an invitation to 3363
bid, which shall describe the property, terms of sale, method of 3364
delivery, manner of bidding and fixing a time of not more than 3365
fifteen (15) days from the date of invitation for opening of bids 3366
received by the department. 3367
(b) All bids and payment shall be made in the manner as 3368
prescribed by the department. Bids, after opening, shall be 3369
subject to public inspection. 3370
(4) If the department orders the sale of seized alcoholic 3371
beverages, it may place the alcoholic beverages in the state 3372
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beverages.
inventory to be sold to authorized retailers in the same manner as 3373
other alcoholic beverages in the state inventory are sold. 3374
(5) Any appeal from a seizure and disposal made under this 3375
section shall be made pursuant to Section 67-1-72. 3376
SECTION 56. Section 67-1-51, Mississippi Code of 1972, is 3377
amended as follows: 3378
67-1-51. (1) Permits which may be issued by the department 3379
shall be as follows: 3380
(a) Manufacturer's permit. A manufacturer's permit 3381
shall permit the manufacture, importation in bulk, bottling and 3382
storage of alcoholic liquor and its distribution and sale to 3383
manufacturers holding permits under this article in this state and 3384
to persons outside the state who are authorized by law to purchase 3385
the same, and to sell as provided by this article. 3386
Manufacturer's permits shall be of the following classes: 3387
Class 1. Distiller's and/or rectifier's permit, which shall 3388
authorize the holder thereof to operate a distillery for the 3389
production of distilled spirits by distillation or redistillation 3390
and/or to operate a rectifying plant for the purifying, refining, 3391
mixing, blending, flavoring or reducing in proof of distilled 3392
spirits and alcohol. 3393
Class 2. Wine manufacturer's permit, which shall authorize 3394
the holder thereof to manufacture, import in bulk, bottle and 3395
store wine or vinous liquor. 3396
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beverages.
Class 3. Native wine producer's permit, which shall 3397
authorize the holder thereof to produce, bottle, store and sell 3398
native wines. 3399
Class 4. Native spirit producer's permit, which shall 3400
authorize the holder thereof to produce, bottle, store and sell 3401
native spirits. 3402
Class 5. Craft spirit producer's permit, which shall 3403
authorize the holder thereof to perform any act or thing in the 3404
process of making craft spirit, including the manufacture, 3405
importation, bottling, and storage of alcoholic liquor and its 3406
sale. 3407
(b) Package retailer's permit. Except as otherwise 3408
provided in this paragraph and Section 67-1-52, a package 3409
retailer's permit shall authorize the holder thereof to operate a 3410
store exclusively for the sale at retail in original sealed and 3411
unopened packages of alcoholic beverages, including native wines, 3412
native spirits, craft spirits, and edibles, not to be consumed on 3413
the premises where sold. Alcoholic beverages shall not be sold by 3414
any retailer in any package or container containing less than 3415
fifty (50) milliliters by liquid measure. A package retailer's 3416
permit, with prior approval from the department, shall authorize 3417
the holder thereof to sample new product furnished by a 3418
manufacturer's representative or his or her employees at the 3419
permitted place of business so long as the sampling otherwise 3420
complies with this article and applicable department regulations. 3421
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beverages.
Such samples may not be provided to customers at the permitted 3422
place of business. In addition to the sale at retail of packages 3423
of alcoholic beverages, the holder of a package retailer's permit 3424
is authorized to sell at retail corkscrews, wine glasses, soft 3425
drinks, ice, juices, mixers, other beverages commonly used to mix 3426
with alcoholic beverages, and fruits and foods that have been 3427
submerged in alcohol and are commonly referred to as edibles. 3428
Nonalcoholic beverages sold by the holder of a package retailer's 3429
permit shall not be consumed on the premises where sold. 3430
(c) On-premises retailer's permit. Except as otherwise 3431
provided in subsection (5) of this section, an on-premises 3432
retailer's permit shall authorize the sale of alcoholic beverages, 3433
including native wines, native spirits, and craft spirits, for 3434
consumption on the licensed premises only; however, a patron of 3435
the permit holder may remove one (1) bottle of wine from the 3436
licensed premises if: (i) the patron consumed a portion of the 3437
bottle of wine in the course of consuming a meal purchased on the 3438
licensed premises; (ii) the permit holder securely reseals the 3439
bottle; (iii) the bottle is placed in a bag that is secured in a 3440
manner so that it will be visibly apparent if the bag is opened; 3441
and (iv) a dated receipt for the wine and the meal is available. 3442
Additionally, as part of a carryout order, a permit holder may 3443
sell one (1) bottle of wine to be removed from the licensed 3444
premises for every two (2) entrees ordered. In addition, an 3445
on-premises retailer's permittee at a permitted premises located 3446
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on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 3447
Highway 90 may serve alcoholic beverages by the glass to a patron 3448
in a vehicle using a drive-through method of delivery if the 3449
permitted premises is located in a leisure and recreation district 3450
established under Section 67-1-101. Such a sale will be 3451
considered to be made on the permitted premises. An on-premises 3452
retailer's permit shall be issued only to qualified hotels, 3453
restaurants and clubs, small craft breweries, microbreweries, and 3454
to common carriers with adequate facilities for serving 3455
passengers. In resort areas, however, whether inside or outside 3456
of a municipality, the department, in its discretion, may issue 3457
on-premises retailer's permits to any establishments located 3458
therein as it deems proper. An on-premises retailer's permit when 3459
issued to a common carrier shall authorize the sale and serving of 3460
alcoholic beverages aboard any licensed vehicle while moving 3461
through any county of the state; however, the sale of such 3462
alcoholic beverages shall not be permitted while such vehicle is 3463
stopped in a county that has not legalized such sales. If an 3464
on-premises retailer's permit is applied for by a common carrier 3465
operating solely in the water, such common carrier must, along 3466
with all other qualifications for a permit, (i) be certified to 3467
carry at least one hundred fifty (150) passengers and/or provide 3468
overnight accommodations for at least fifty (50) passengers and 3469
(ii) operate primarily in the waters within the State of 3470
Mississippi which lie adjacent to the State of Mississippi south 3471
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of the three (3) most southern counties in the State of 3472
Mississippi and/or on the Mississippi River or navigable waters 3473
within any county bordering on the Mississippi River. 3474
(d) Solicitor's permit. A solicitor's permit shall 3475
authorize the holder thereof to act as salesman for a manufacturer 3476
or wholesaler holding a proper permit, to solicit on behalf of his 3477
or her employer orders for alcoholic beverages, and to otherwise 3478
promote his or her employer's products in a legitimate manner. 3479
Such a permit shall authorize the representation of and employment 3480
by one (1) principal only. However, the permittee may also, in 3481
the discretion of the department, be issued additional permits to 3482
represent other principals. No such permittee shall buy or sell 3483
alcoholic beverages for his or her own account, and no such 3484
beverage shall be brought into this state in pursuance of the 3485
exercise of such permit otherwise than through a permit issued to 3486
a wholesaler or manufacturer in the state. 3487
(e) Native wine retailer's permit. Except as otherwise 3488
provided in subsection (5) of this section, a native wine 3489
retailer's permit shall be issued only to a holder of a Class 3 3490
manufacturer's permit, and shall authorize the holder thereof to 3491
make retail sales of native wines to consumers for on-premises 3492
consumption or to consumers in originally sealed and unopened 3493
containers at an establishment located on the premises of or in 3494
the immediate vicinity of a native winery. When selling to 3495
consumers for on-premises consumption, a holder of a native wine 3496
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beverages.
retailer's permit may add to the native wine alcoholic beverages 3497
not produced on the premises, so long as the total volume of 3498
foreign beverage components does not exceed twenty percent (20%) 3499
of the mixed beverage. Hours of sale shall be the same as those 3500
authorized for on-premises permittees in the city or county in 3501
which the native wine retailer is located. 3502
(f) Temporary retailer's permit. Except as otherwise 3503
provided in subsection (5) of this section, a temporary retailer's 3504
permit shall permit the purchase and resale of alcoholic 3505
beverages, including native wines and native spirits, during legal 3506
hours on the premises described in the temporary permit only. 3507
Temporary retailer's permits shall be of the following 3508
classes: 3509
Class 1. A temporary one-day permit may be issued to bona 3510
fide nonprofit civic or charitable organizations authorizing the 3511
sale of alcoholic beverages, including native wine, native 3512
spirits, and craft spirits, for consumption on the premises 3513
described in the temporary permit only. Class 1 permits may be 3514
issued only to applicants demonstrating to the department, by a 3515
statement signed under penalty of perjury submitted ten (10) days 3516
prior to the proposed date or such other time as the department 3517
may determine, that they meet the qualifications of Sections 3518
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 3519
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 3520
alcoholic beverages from package retailers located in the county 3521
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beverages.
in which the temporary permit is issued. Alcoholic beverages 3522
remaining in stock upon expiration of the temporary permit may be 3523
returned by the permittee to the package retailer for a refund of 3524
the purchase price upon consent of the package retailer or may be 3525
kept by the permittee exclusively for personal use and 3526
consumption, subject to all laws pertaining to the illegal sale 3527
and possession of alcoholic beverages. The department, following 3528
review of the statement provided by the applicant and the 3529
requirements of the applicable statutes and regulations, may issue 3530
the permit. 3531
Class 2. A temporary permit, not to exceed seventy (70) 3532
days, may be issued to prospective permittees seeking to transfer 3533
a permit authorized in paragraph (c) of this subsection. A Class 3534
2 permit may be issued only to applicants demonstrating to the 3535
department, by a statement signed under the penalty of perjury, 3536
that they meet the qualifications of Sections 67-1-5(l), (m), (n), 3537
(o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 3538
67-1-59. The department, following a preliminary review of the 3539
statement provided by the applicant and the requirements of the 3540
applicable statutes and regulations, may issue the permit. 3541
Class 2 temporary permittees must purchase their alcoholic 3542
beverages directly from the department or, with approval of the 3543
department, purchase the remaining stock of the previous 3544
permittee. If the proposed applicant of a Class 1 or Class 2 3545
temporary permit falsifies information contained in the 3546
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application or statement, the applicant shall never again be 3547
eligible for a retail alcohol beverage permit and shall be subject 3548
to prosecution for perjury. 3549
Class 3. A temporary one-day permit may be issued to a 3550
retail establishment authorizing the complimentary distribution of 3551
wine, including native wine, to patrons of the retail 3552
establishment at an open house or promotional event, for 3553
consumption only on the premises described in the temporary 3554
permit. A Class 3 permit may be issued only to an applicant 3555
demonstrating to the department, by a statement signed under 3556
penalty of perjury submitted ten (10) days before the proposed 3557
date or such other time as the department may determine, that it 3558
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 3559
and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 3560
A Class 3 permit holder shall obtain all alcoholic beverages from 3561
the holder(s) of a package retailer's permit located in the county 3562
in which the temporary permit is issued. Wine remaining in stock 3563
upon expiration of the temporary permit may be returned by the 3564
Class 3 temporary permit holder to the package retailer for a 3565
refund of the purchase price, with consent of the package 3566
retailer, or may be kept by the Class 3 temporary permit holder 3567
exclusively for personal use and consumption, subject to all laws 3568
pertaining to the illegal sale and possession of alcoholic 3569
beverages. The department, following review of the statement 3570
provided by the applicant and the requirements of the applicable 3571
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statutes and regulations, may issue the permit. No retailer may 3572
receive more than twelve (12) Class 3 temporary permits in a 3573
calendar year. A Class 3 temporary permit shall not be issued to 3574
a retail establishment that either holds a merchant permit issued 3575
under paragraph (l) of this subsection, or holds a permit issued 3576
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 3577
the holder to engage in the business of a retailer of light * * * 3578
intoxicating beverages. 3579
(g) Caterer's permit. A caterer's permit shall permit 3580
the purchase of alcoholic beverages by a person engaging in 3581
business as a caterer and the resale of alcoholic beverages by 3582
such person in conjunction with such catering business. No person 3583
shall qualify as a caterer unless forty percent (40%) or more of 3584
the revenue derived from such catering business shall be from the 3585
serving of prepared food and not from the sale of alcoholic 3586
beverages and unless such person has obtained a permit for such 3587
business from the Department of Health. A caterer's permit shall 3588
not authorize the sale of alcoholic beverages on the premises of 3589
the person engaging in business as a caterer; however, the holder 3590
of an on-premises retailer's permit may hold a caterer's permit. 3591
When the holder of an on-premises retailer's permit or an 3592
affiliated entity of the holder also holds a caterer's permit, the 3593
caterer's permit shall not authorize the service of alcoholic 3594
beverages on a consistent, recurring basis at a separate, fixed 3595
location owned or operated by the caterer, on-premises retailer or 3596
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affiliated entity and an on-premises retailer's permit shall be 3597
required for the separate location. All sales of alcoholic 3598
beverages by holders of a caterer's permit shall be made at the 3599
location being catered by the caterer, and, except as otherwise 3600
provided in subsection (5) of this section, such sales may be made 3601
only for consumption at the catered location. The location being 3602
catered may be anywhere within a county or judicial district that 3603
has voted to come out from under the dry laws or in which the sale 3604
and distribution of alcoholic beverages is otherwise authorized by 3605
law. Such sales shall be made pursuant to any other conditions 3606
and restrictions which apply to sales made by on-premises retail 3607
permittees. The holder of a caterer's permit or his employees 3608
shall remain at the catered location as long as alcoholic 3609
beverages are being sold pursuant to the permit issued under this 3610
paragraph (g), and the permittee shall have at the location the 3611
identification card issued by the division. No unsold alcoholic 3612
beverages may be left at the catered location by the permittee 3613
upon the conclusion of his business at that location. Appropriate 3614
law enforcement officers and division personnel may enter a 3615
catered location on private property in order to enforce laws 3616
governing the sale or serving of alcoholic beverages. 3617
(h) Research permit. A research permit shall authorize 3618
the holder thereof to operate a research facility for the 3619
professional research of alcoholic beverages. Such permit shall 3620
authorize the holder of the permit to import and purchase limited 3621
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amounts of alcoholic beverages from the department or from 3622
importers, wineries and distillers of alcoholic beverages for 3623
professional research. 3624
(i) Alcohol processing permit. An alcohol processing 3625
permit shall authorize the holder thereof to purchase, transport 3626
and possess alcoholic beverages for the exclusive use in cooking, 3627
processing or manufacturing products which contain alcoholic 3628
beverages as an integral ingredient. An alcohol processing permit 3629
shall not authorize the sale of alcoholic beverages on the 3630
premises of the person engaging in the business of cooking, 3631
processing or manufacturing products which contain alcoholic 3632
beverages. The amounts of alcoholic beverages allowed under an 3633
alcohol processing permit shall be set by the department. 3634
(j) Hospitality cart permit. A hospitality cart permit 3635
shall authorize the sale of alcoholic beverages from a mobile cart 3636
on a golf course that is the holder of an on-premises retailer's 3637
permit. The alcoholic beverages sold from the cart must be 3638
consumed within the boundaries of the golf course. 3639
(k) Special service permit. A special service permit 3640
shall authorize the holder to sell commercially sealed alcoholic 3641
beverages to the operator of a commercial or private aircraft for 3642
en route consumption only by passengers. A special service permit 3643
shall be issued only to a fixed-base operator who contracts with 3644
an airport facility to provide fueling and other associated 3645
services to commercial and private aircraft. 3646
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(l) Merchant permit. Except as otherwise provided in 3647
subsection (5) of this section, a merchant permit shall be issued 3648
only to the owner of a spa facility, an art studio or gallery, or 3649
a cooking school, and shall authorize the holder to serve 3650
complimentary by the glass wine only, including native wine, at 3651
the holder's spa facility, art studio or gallery, or cooking 3652
school. A merchant permit holder shall obtain all wine from the 3653
holder of a package retailer's permit. 3654
(m) Temporary alcoholic beverages charitable auction 3655
permit. A temporary permit, not to exceed five (5) days, may be 3656
issued to a qualifying charitable nonprofit organization that is 3657
exempt from taxation under Section 501(c)(3) or (4) of the 3658
Internal Revenue Code of 1986. The permit shall authorize the 3659
holder to sell alcoholic beverages for the limited purpose of 3660
raising funds for the organization during a live or silent auction 3661
that is conducted by the organization and that meets the following 3662
requirements: (i) the auction is conducted in an area of the 3663
state where the sale of alcoholic beverages is authorized; (ii) if 3664
the auction is conducted on the premises of an on-premises 3665
retailer's permit holder, then the alcoholic beverages to be 3666
auctioned must be stored separately from the alcoholic beverages 3667
sold, stored or served on the premises, must be removed from the 3668
premises immediately following the auction, and may not be 3669
consumed on the premises; (iii) the permit holder may not conduct 3670
more than two (2) auctions during a calendar year; (iv) the permit 3671
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holder may not pay a commission or promotional fee to any person 3672
to arrange or conduct the auction. 3673
(n) Event venue retailer's permit. An event venue 3674
retailer's permit shall authorize the holder thereof to purchase 3675
and resell alcoholic beverages, including native wines, native 3676
spirits, and craft spirits, for consumption on the premises during 3677
legal hours during events held on the licensed premises if food is 3678
being served at the event by a caterer who is not affiliated with 3679
or related to the permittee. The caterer must serve at least 3680
three (3) entrees. The permit may only be issued for venues that 3681
can accommodate two hundred (200) persons or more. The number of 3682
persons a venue may accommodate shall be determined by the local 3683
fire department and such determination shall be provided in 3684
writing and submitted along with all other documents required to 3685
be provided for an on-premises retailer's permit. The permittee 3686
must derive the majority of its revenue from event-related fees, 3687
including, but not limited to, admission fees or ticket sales for 3688
live entertainment in the building. "Event-related fees" do not 3689
include * * * alcoholic beverage or light intoxicating beverage 3690
sales or any fee which may be construed to cover the cost of * * * 3691
alcoholic beverages or light intoxicating beverages. This 3692
determination shall be made on a per event basis. An event may 3693
not last longer than two (2) consecutive days per week. 3694
(o) Temporary theatre permit. A temporary theatre 3695
permit, not to exceed five (5) days, may be issued to a charitable 3696
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nonprofit organization that is exempt from taxation under Section 3697
501(c)(3) or (4) of the Internal Revenue Code and owns or operates 3698
a theatre facility that features plays and other theatrical 3699
performances and productions. Except as otherwise provided in 3700
subsection (5) of this section, the permit shall authorize the 3701
holder to sell alcoholic beverages, including native wines, native 3702
spirits, and craft spirits, to patrons of the theatre during 3703
performances and productions at the theatre facility for 3704
consumption during such performances and productions on the 3705
premises of the facility described in the permit. A temporary 3706
theatre permit holder shall obtain all alcoholic beverages from 3707
package retailers located in the county in which the permit is 3708
issued. Alcoholic beverages remaining in stock upon expiration of 3709
the temporary theatre permit may be returned by the permittee to 3710
the package retailer for a refund of the purchase price upon 3711
consent of the package retailer or may be kept by the permittee 3712
exclusively for personal use and consumption, subject to all laws 3713
pertaining to the illegal sale and possession of alcoholic 3714
beverages. 3715
(p) Charter ship operator's permit. Subject to the 3716
provisions of this paragraph (p), a charter ship operator's permit 3717
shall authorize the holder thereof and its employees to serve, 3718
monitor, store and otherwise control the serving and availability 3719
of alcoholic beverages to customers of the permit holder during 3720
private charters under contract provided by the permit holder. A 3721
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charter ship operator's permit shall authorize such action by the 3722
permit holder and its employees only as to alcoholic beverages 3723
brought onto the permit holder's ship by customers of the permit 3724
holder as part of such a private charter. All such alcoholic 3725
beverages must be removed from the charter ship at the conclusion 3726
of each private charter. A charter ship operator's permit shall 3727
not authorize the permit holder to sell, charge for or otherwise 3728
supply alcoholic beverages to customers, except as authorized in 3729
this paragraph (p). For the purposes of this paragraph (p), 3730
"charter ship operator" means a common carrier that (i) is 3731
certified to carry at least one hundred fifty (150) passengers 3732
and/or provide overnight accommodations for at least fifty (50) 3733
passengers, (ii) operates only in the waters within the State of 3734
Mississippi, which lie adjacent to the State of Mississippi south 3735
of the three (3) most southern counties in the State of 3736
Mississippi, and (iii) provides charters under contract for tours 3737
and trips in such waters. 3738
(q) Distillery retailer's permit. The holder of a 3739
Class 1 manufacturer's permit may obtain a distillery retailer's 3740
permit. A distillery retailer's permit shall authorize the holder 3741
thereof to sell at retail alcoholic beverages to consumers for 3742
on-premises consumption, or to consumers by the sealed and 3743
unopened bottle from a retail location at the distillery for 3744
off-premises consumption. The holder may only sell product 3745
manufactured by the manufacturer at the distillery described in 3746
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the permit. However, when selling to consumers for on-premises 3747
consumption, a holder of a distillery retailer's permit may add 3748
other beverages, alcoholic or not, so long as the total volume of 3749
other beverage components containing alcohol does not exceed 3750
twenty percent (20%). Hours of sale shall be the same as those 3751
authorized for on-premises permittees in the city or county in 3752
which the distillery retailer is located. 3753
The holder shall not sell at retail more than ten percent 3754
(10%) of the alcoholic beverages produced annually at its 3755
distillery. The holder shall not make retail sales of more than 3756
two and twenty-five one-hundredths (2.25) liters, in the 3757
aggregate, of the alcoholic beverages produced at its distillery 3758
to any one (1) individual for consumption off the premises of the 3759
distillery within a twenty-four-hour period. The hours of sale 3760
shall be the same as those hours for package retailers under this 3761
article. The holder of a distillery retailer's permit is not 3762
required to purchase the alcoholic beverages authorized to be sold 3763
by this paragraph from the department's liquor distribution 3764
warehouse; however, if the holder does not purchase the alcoholic 3765
beverages from the department's liquor distribution warehouse, the 3766
holder shall pay to the department all taxes, fees and surcharges 3767
on the alcoholic beverages that are imposed upon the sale of 3768
alcoholic beverages shipped by the department or its warehouse 3769
operator. In addition to alcoholic beverages, the holder of a 3770
distillery retailer's permit may sell at retail promotional 3771
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products from the same retail location, including shirts, hats, 3772
glasses, and other promotional products customarily sold by 3773
alcoholic beverage manufacturers. 3774
(r) Festival Permit. Any wine manufacturer, native 3775
wine producer, native spirit producer, craft spirit producer, or 3776
distilled spirit manufacturer permitted by Mississippi or any 3777
other state is eligible to obtain a Festival Permit. This permit 3778
authorizes the entity to transport product manufactured by it to 3779
festivals held within the State of Mississippi and sell sealed, 3780
unopened bottles to festival participants. The holder of this 3781
permit may provide samples at no charge to participants. 3782
"Festival" means any event at which three (3) or more vendors are 3783
present at a location for the sale or distribution of goods. The 3784
holder of a Festival Permit is not required to purchase the 3785
alcoholic beverages authorized to be sold by this paragraph from 3786
the department's liquor distribution warehouse. However, if the 3787
holder does not purchase the alcoholic beverages from the 3788
department's liquor distribution warehouse, the holder of this 3789
permit shall pay to the department all taxes, fees and surcharges 3790
on the alcoholic beverages sold at such festivals that are imposed 3791
upon the sale of alcoholic beverages shipped by the division. 3792
Additionally, the entity shall file all applicable reports and 3793
returns as prescribed by the department. This permit is issued 3794
per festival and provides authority to sell for three (3) 3795
consecutive days during the hours authorized for on-premises 3796
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beverages.
permittees' sales in that county or city. The holder of the 3797
permit shall be required to maintain all requirements set by Local 3798
Option Law for the service and sale of alcoholic beverages. This 3799
permit may be issued to entities participating in festivals at 3800
which a Class 1 temporary permit is in effect. 3801
This paragraph (r) shall stand repealed from and after July 3802
1, 2026. 3803
(s) Charter vessel operator's permit. Subject to the 3804
provisions of this paragraph (s), a charter vessel operator's 3805
permit shall authorize the holder thereof and its employees to 3806
sell and serve alcoholic beverages to passengers of the permit 3807
holder during public tours, historical tours, ecological tours and 3808
sunset cruises provided by the permit holder. The permit shall 3809
authorize the holder to only sell alcoholic beverages, including 3810
native wines, to passengers of the charter vessel operator during 3811
public tours, historical tours, ecological tours and sunset 3812
cruises provided by the permit holder aboard the charter vessel 3813
operator for consumption during such tours and cruises on the 3814
premises of the charter vessel operator described in the permit. 3815
For the purposes of this paragraph (s), "charter vessel operator" 3816
means a common carrier that (i) is certified to carry at least 3817
forty-nine (49) passengers, (ii) operates only in the waters 3818
within the State of Mississippi, which lie south of Interstate 10 3819
in the three (3) most southern counties in the State of 3820
Mississippi, and lie adjacent to the State of Mississippi south of 3821
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beverages.
the three (3) most southern counties in the State of Mississippi, 3822
extending not further than one (1) mile south of such counties, 3823
and (iii) provides vessel services for tours and cruises in such 3824
waters as provided in this paragraph(s). 3825
(t) Native spirit retailer's permit. Except as 3826
otherwise provided in subsection (5) of this section, a native 3827
spirit retailer's permit shall be issued only to a holder of a 3828
Class 4 manufacturer's permit, and shall authorize the holder 3829
thereof to make retail sales of native spirits to consumers for 3830
on-premises consumption or to consumers in originally sealed and 3831
unopened containers at an establishment located on the premises of 3832
the distillery, or at any tasting room location or locations 3833
within five (5) miles of the native distillery. Further, every 3834
native distillery is authorized to have one (1) permanent 3835
satellite tasting room sales location in any other location in the 3836
state that otherwise allows the sale of alcoholic beverages. When 3837
selling to consumers for on-premises consumption, a holder of a 3838
native spirit retailer's permit may sell alcoholic beverages 3839
produced by other suppliers. Hours of sale shall be the same as 3840
those authorized for on-premises permittees in the city or county 3841
in which the native spirit retailer is located. 3842
(u) Delivery service permit. Any individual, limited 3843
liability company, corporation or partnership registered to do 3844
business in this state is eligible to obtain a delivery service 3845
permit. Subject to the provisions of Section 67-1-51.1, this 3846
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permit authorizes the permittee, or its employee or an independent 3847
contractor acting on its behalf, to deliver alcoholic 3848
beverages * * * and light intoxicating beverages from a licensed 3849
retailer to a person in this state who is at least twenty-one (21) 3850
years of age for the individual's use and not for resale. This 3851
permit does not authorize the delivery of alcoholic 3852
beverages * * * or light intoxicating beverages to the premises of 3853
a location with a permit for the manufacture, distribution or 3854
retail sale of alcoholic beverages * * * or light intoxicating 3855
beverages. The holder of a package retailer's permit or an 3856
on-premises retailer's permit under Section 67-1-51 or of a * * * 3857
light intoxicating beverage permit under Section 67-3-19 is 3858
authorized to apply for a delivery service permit as a privilege 3859
separate from its existing retail permit. 3860
(v) Food truck permit. A food truck permit shall 3861
authorize the holder of an on-premises retailer's permit to use a 3862
food truck to sell alcoholic beverages off its premises to guests 3863
who must consume the beverages in open containers. For the 3864
purposes of this paragraph (v), "food truck" means a fully encased 3865
food service establishment on a motor vehicle or on a trailer that 3866
a motor vehicle pulls to transport, and from which a vendor, 3867
standing within the frame of the establishment, prepares, cooks, 3868
sells and serves food for immediate human consumption. The term 3869
"food truck" does not include a food cart that is not motorized. 3870
Food trucks shall maintain such distance requirements from 3871
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beverages.
schools, churches, kindergartens and funeral homes as are required 3872
for on-premises retailer's permittees under this article, and all 3873
sales must be made within a valid leisure and recreation district 3874
established under Section 67-1-101. Food trucks cannot sell or 3875
serve alcoholic beverages unless also offering food prepared and 3876
cooked within the food truck, and permittees must maintain a 3877
twenty-five percent (25%) food sale revenue requirement based on 3878
the food sold from the food truck alone. The hours allowed for 3879
sale shall be the same as those for on-premises retailer's 3880
permittees in the location. This permit will not be required for 3881
the holder of a caterer's permit issued under this article to 3882
cater an event as allowed by law. Permittees must provide notice 3883
of not less than forty-eight (48) hours to the department of each 3884
location at which alcoholic beverages will be sold. 3885
(w) On-premises tobacco permit. An on-premises tobacco 3886
permit shall authorize the permittee to sell alcoholic beverages 3887
for consumption on the licensed premises. In addition to all 3888
other requirements to obtain an alcoholic beverage permit, the 3889
permittee must obtain and maintain a tobacco permit issued by the 3890
State of Mississippi, and have a capital investment of not less 3891
than Five Hundred Thousand Dollars ($500,000.00) in the premises 3892
for which the permit is issued. In addition to alcoholic 3893
beverages, the permittee is authorized to sell only cigars, 3894
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 3895
Additionally, seventy-five percent (75%) of the permittee's annual 3896
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gross revenue must be derived from the sale of cigars, cheroots, 3897
tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 3898
be required, but food may be sold on the premises. The issuance 3899
of this permit does not remove any obligation a permittee may have 3900
to follow local ordinances or actions prohibiting the use of 3901
tobacco products. 3902
(x) Direct wine shipper's permit. A direct wine 3903
shipper's permit shall authorize the holder to sell and ship a 3904
limited amount of wine directly to residents in this state in 3905
accordance with the provisions of Sections 67-1-301 to 67-1-317, 3906
without being required to transact the sale and shipment of those 3907
wines through the division. 3908
(y) Craft spirit retailer's permit. Except as 3909
otherwise provided in subsection (5) of this section, a craft 3910
spirit retailer's permit shall be issued only to a holder of a 3911
Class 5 manufacturer's permit, and shall authorize the holder 3912
thereof to make retail sales of craft spirits to consumers for 3913
on-premises consumption or to consumers in originally sealed and 3914
unopened containers at an establishment located on the premises of 3915
the distillery or at any tasting room location or locations within 3916
five (5) miles of the craft distillery. Further, every craft 3917
distillery is authorized to have one (1) permanent satellite 3918
tasting room sales location in any other location in the state 3919
that otherwise allows the sale of alcoholic beverages. When 3920
selling to consumers for on-premises consumption, a holder of a 3921
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beverages.
craft spirit retailer's permit may sell alcoholic beverages 3922
produced by other suppliers. Hours of sale shall be the same as 3923
those authorized for on-premises permittees in the city or county 3924
in which the craft spirit retailer is located. 3925
(2) Except as otherwise provided in subsection (4) of this 3926
section, retail permittees may hold more than one (1) retail 3927
permit, at the discretion of the department. 3928
(3) (a) Except as otherwise provided in this subsection, no 3929
authority shall be granted to any person to manufacture, sell or 3930
store for sale any intoxicating liquor as specified in this 3931
article within four hundred (400) feet of any church, school 3932
(excluding any community college, junior college, college or 3933
university), kindergarten or funeral home. However, within an 3934
area zoned commercial or business, such minimum distance shall be 3935
not less than one hundred (100) feet. 3936
(b) A church or funeral home may waive the distance 3937
restrictions imposed in this subsection in favor of allowing 3938
issuance by the department of a permit, pursuant to subsection (1) 3939
of this section, to authorize activity relating to the 3940
manufacturing, sale or storage of alcoholic beverages which would 3941
otherwise be prohibited under the minimum distance criterion. 3942
Such waiver shall be in written form from the owner, the governing 3943
body, or the appropriate officer of the church or funeral home 3944
having the authority to execute such a waiver, and the waiver 3945
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beverages.
shall be filed with and verified by the department before becoming 3946
effective. 3947
(c) The distance restrictions imposed in this 3948
subsection shall not apply to the sale or storage of alcoholic 3949
beverages at a bed and breakfast inn listed in the National 3950
Register of Historic Places or to the sale or storage of alcoholic 3951
beverages in a historic district that is listed in the National 3952
Register of Historic Places, is a qualified resort area and is 3953
located (i) in a municipality having a population greater than one 3954
hundred thousand (100,000) according to the latest federal 3955
decennial census, or (ii) in a municipality in which Mississippi 3956
Highways 1 and 8 intersect. 3957
(d) The distance restrictions imposed in this 3958
subsection shall not apply to the sale or storage of alcoholic 3959
beverages at a qualified resort area as defined in Section 3960
67-1-5(o)(iii)32. 3961
(e) The distance restrictions imposed in this 3962
subsection shall not apply to the sale or storage of alcoholic 3963
beverages at a licensed premises in a building formerly owned by a 3964
municipality and formerly leased by the municipality to a 3965
municipal school district and used by the municipal school 3966
district as a district bus shop facility. 3967
(f) The distance restrictions imposed in this 3968
subsection shall not apply to the sale or storage of alcoholic 3969
beverages at a licensed premises in a building consisting of at 3970
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beverages.
least five thousand (5,000) square feet and located approximately 3971
six hundred (600) feet from the intersection of Mississippi 3972
Highway 15 and Mississippi Highway 4. 3973
(g) The distance restrictions imposed in this 3974
subsection shall not apply to the sale or storage of alcoholic 3975
beverages at a licensed premises in a building located at or near 3976
the intersection of Ward and Tate Streets and adjacent properties 3977
in the City of Senatobia, Mississippi. 3978
(h) The distance restrictions imposed in this 3979
subsection shall not apply to the sale or storage of alcoholic 3980
beverages at a theatre facility that features plays and other 3981
theatrical performances and productions and (i) is capable of 3982
seating more than seven hundred fifty (750) people, (ii) is owned 3983
by a municipality which has a population greater than ten thousand 3984
(10,000) according to the latest federal decennial census, (iii) 3985
was constructed prior to 1930, (iv) is on the National Register of 3986
Historic Places, and (v) is located in a historic district. 3987
(i) The distance restrictions imposed in this 3988
subsection shall not apply to the sale or storage of alcoholic 3989
beverages at a licensed premises in a building located 3990
approximately one and six-tenths (1.6) miles north of the 3991
intersection of Mississippi Highway 15 and Mississippi Highway 4 3992
on the west side of Mississippi Highway 15. 3993
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beverages.
(j) The distance restrictions imposed in this 3994
subsection shall not apply to the sale or storage of alcoholic 3995
beverages at a qualified resort area as defined in Section 3996
67-1-5(o)(iii)83. 3997
(k) The distance restrictions imposed in this 3998
subsection shall not apply to the sale or storage of alcoholic 3999
beverages at a qualified resort area as defined in Section 4000
67-1-5(o)(iii)84. 4001
(4) No person, either individually or as a member of a firm, 4002
partnership, limited liability company or association, or as a 4003
stockholder, officer or director in a corporation, shall own or 4004
control any interest in more than one (1) package retailer's 4005
permit, nor shall such person's spouse, if living in the same 4006
household of such person, any relative of such person, if living 4007
in the same household of such person, or any other person living 4008
in the same household with such person own any interest in any 4009
other package retailer's permit; however, in the case of a person 4010
holding a package retailer's permit issued before July 1, 2024, 4011
such a person may own one (1) additional package retailer's permit 4012
if the additional permit is issued for a premises with a minimum 4013
capital investment of Twenty Million Dollars ($20,000,000.00) that 4014
is part of a major retail development project and located in one 4015
(1) of the three (3) most southern counties in the State of 4016
Mississippi, and not within one hundred (100) miles of another 4017
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beverages.
location in the State of Mississippi, for which the permittee 4018
holds such a permit. 4019
(5) (a) In addition to any other authority granted under 4020
this section, the holder of a permit issued under subsection 4021
(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 4022
section may sell or otherwise provide alcoholic beverages and/or 4023
wine to a patron of the permit holder in the manner authorized in 4024
the permit and the patron may remove an open glass, cup or other 4025
container of the alcoholic beverage and/or wine from the licensed 4026
premises and may possess and consume the alcoholic beverage or 4027
wine outside of the licensed premises if: (i) the licensed 4028
premises is located within a leisure and recreation district 4029
created under Section 67-1-101 and (ii) the patron remains within 4030
the boundaries of the leisure and recreation district while in 4031
possession of the alcoholic beverage or wine. 4032
(b) Nothing in this subsection shall be construed to 4033
allow a person to bring any alcoholic beverages into a permitted 4034
premises except to the extent otherwise authorized by this 4035
article. 4036
(c) Where a permit is issued under subsection (1)(c) to 4037
an establishment located in a resort area created by Section 4038
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 4039
to bring alcoholic beverages into the permitted premises and to 4040
possess, store and consume those alcoholic beverages in the 4041
permitted premises. 4042
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SECTION 57. Section 67-1-51.1, Mississippi Code of 1972, is 4043
amended as follows: 4044
67-1-51.1. (1) The holder of a delivery service permit 4045
under Section 67-1-51: 4046
(a) May contract with the holder of a package 4047
retailer's permit or an on-premises retailer's permit under 4048
Section 67-1-51 or the holder of a * * * light intoxicating 4049
beverage retail permit under Section 67-3-19 for the purpose of 4050
intrastate delivery of alcoholic beverages or * * * light 4051
intoxicating beverages, as authorized to be sold under the 4052
respective permits; 4053
(b) May deliver alcoholic beverages or * * * light 4054
intoxicating beverages without a delivery contract, if the 4055
permittee holds a package retailer's permit or an on-premises 4056
retailer's permit under Section 67-1-51 or a * * * light 4057
intoxicating beverage retail permit under Section 67-3-19, 4058
respectively; 4059
(c) May use its own employees or independent 4060
contractors who are at least twenty-one (21) years of age to 4061
deliver such alcoholic beverages * * * or light intoxicating 4062
beverages under this section, provided all delivery agents are 4063
trained and certified consistent with the training program 4064
submitted to the division as required by subsection (2)(d) of this 4065
section. If independent contractors are used, the delivery 4066
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beverages.
service permittee must enter into a contract with the retailer as 4067
required by subsection (2)(c) of this section; 4068
(d) May facilitate orders by telephone, internet or 4069
other electronic means for the sale and delivery of alcoholic 4070
beverages * * * or light intoxicating beverages under this 4071
section. The full amount of each order must be handled in a 4072
manner that gives the retail permittee control over the ultimate 4073
receipt of payment from the consumer. The retail permittee shall 4074
remain responsible for the proper remittance of all applicable 4075
taxes on the sale of the product; 4076
(e) May deliver only sealed containers of alcoholic 4077
beverages * * * or light intoxicating beverages to an individual 4078
in Mississippi; 4079
(f) Shall obtain from the customer a confirmation that 4080
he or she is at least twenty-one (21) years of age at the time the 4081
order is placed; 4082
(g) Shall place a stamp, print or label on the outside 4083
of the sealed package to indicate that the sealed package contains 4084
alcoholic beverages * * * or light intoxicating beverages; 4085
(h) Shall require the recipient, at the time of 4086
delivery, to provide valid photo identification verifying he or 4087
she is at least twenty-one (21) years of age and to sign for the 4088
delivery; 4089
(i) Shall possess identification scanning software 4090
technology or a state-of-the-art alternative at the point of 4091
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beverages.
delivery to verify the recipient is at least twenty-one (21) years 4092
of age and to collect the recipient's name and date of birth. 4093
Records relating to this verification shall be maintained for at 4094
least ninety (90) days and shall be subject to review by the 4095
division; 4096
(j) Shall return all alcoholic beverages * * * or light 4097
intoxicating beverages to the retailer if the recipient is under 4098
the age of twenty-one (21) years, appears intoxicated, fails to 4099
provide proof of identification, fails or refuses to sign for 4100
delivery, fails to complete the identification verification 4101
process or declines to accept delivery, or if any circumstances in 4102
the delivery environment indicate illegal conduct, overconsumption 4103
of alcohol, or an otherwise unsafe environment for the consumption 4104
of alcohol; 4105
(k) May not deliver any alcoholic beverage * * * or 4106
light intoxicating beverage to any person located within a 4107
jurisdiction that is dry for that product, as provided by the 4108
division's wet-dry map; 4109
(l) May not deliver any alcoholic beverage * * * or 4110
light intoxicating beverage in a jurisdiction during times 4111
prohibited for lawful sale in that jurisdiction; 4112
(m) May not deliver any alcoholic beverage * * * or 4113
light intoxicating beverage more than thirty (30) miles from the 4114
retailer's licensed premises; 4115
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beverages.
(n) Shall permit the division to perform an audit of 4116
the licensee's records upon request and with sufficient 4117
notification; and 4118
(o) Shall be deemed to have consented to the 4119
jurisdiction of the division or any law enforcement agency and the 4120
Mississippi courts concerning enforcement of this section and any 4121
related laws or rules. 4122
(2) In order to receive a delivery service permit, an 4123
applicant shall: 4124
(a) File an application with the division; 4125
(b) Pay the privilege license tax of Five Hundred 4126
Dollars ($500.00) as provided in Section 27-71-5; 4127
(c) Provide to the division a sample contract that the 4128
applicant intends to enter into with a retailer for the delivery 4129
of alcoholic beverages * * * or light intoxicating beverages, 4130
unless the applicant is the retailer; 4131
(d) Submit to the division an outline of an internal or 4132
external training and certification program for delivery service 4133
personnel that addresses topics such as identifying underage 4134
persons, intoxicated persons, and fake or altered identification; 4135
(e) Provide an attestation that the applicant is at 4136
least twenty-one (21) years of age and has not been convicted of a 4137
felony in any state or federal courts; 4138
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(f) Shall provide proof of a general liability 4139
insurance policy in an amount not less than One Million Dollars 4140
($1,000,000.00) per occurrence; and 4141
(g) Shall be properly registered to conduct business in 4142
Mississippi. 4143
(3) Nothing in this section shall be construed to require a 4144
technology services company to obtain a delivery service permit if 4145
the company does not employ or contract with delivery agents but 4146
merely provides software or a digital network application that 4147
connects consumers and licensed retailers for the delivery of 4148
alcoholic beverages from the licensed retailer. However, the act 4149
of connecting consumers to licensed retailers shall serve to grant 4150
jurisdiction to the State of Mississippi. 4151
(4) The division may enforce the requirements of this 4152
section by the same administrative proceedings that apply to other 4153
alcoholic beverage licenses or permits, including, without 4154
limitation, any disciplinary action applicable to the package 4155
retailer's permittee, on-premises retailer's permittee, retail 4156
permittee for * * * light intoxicating beverages, or delivery 4157
service permittee resulting from any unlawful sale to a minor. 4158
(5) The division may enforce the requirements of this 4159
section against the package retailer's permittee, on-premises 4160
retailer's permittee, retail permittee for * * * light 4161
intoxicating beverages, or delivery service permittee, and any 4162
employee or independent contractor of such permittee. If a 4163
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beverages.
package retailer permittee, an on-premises retailer's permittee, 4164
or a retail permittee for * * * light intoxicating beverages is 4165
also a delivery permittee, a violation of alcohol law by its 4166
employee or independent contractor during delivery will subject 4167
both the retailer permit and the delivery service permit to 4168
disciplinary action for the violation. Delivery to a minor shall 4169
be treated as furnishing to a minor and shall result in any 4170
applicable disciplinary action. 4171
(6) Nothing in this section shall be construed to limit or 4172
otherwise diminish the ability of the division to enforce the 4173
provisions of Chapters 1 and 3, Title 67, Mississippi Code of 4174
1972, with respect to the liability of any package retailer's 4175
permittee, on-premises retailer's permittee, retail permittee 4176
for * * * light intoxicating beverages, or delivery service 4177
permittee engaging in delivery activity authorized by this 4178
section. 4179
(7) Nothing in this section shall be construed to authorize 4180
the direct shipment of alcoholic beverages * * * or light 4181
intoxicating beverages from any manufacturer or distributor 4182
holding a permit under this article, or under Title 67, Chapter 3, 4183
Mississippi Code of 1972, to consumers in this state. 4184
SECTION 58. Section 67-1-72, Mississippi Code of 1972, is 4185
amended as follows: 4186
67-1-72. (1) Except as otherwise provided in this article, 4187
any applicant or holder of a permit issued under this article 4188
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beverages.
which is aggrieved by an action of the department * * * to deny 4189
his application for a permit, to deny the renewal of his permit or 4190
to revoke or suspend his permit shall be allowed to appeal to the 4191
Board of Tax Appeals from this action. This appeal is to be filed 4192
by the aggrieved person with the Executive Director of the Board 4193
of Tax Appeals, with a copy being sent to the department * * *, 4194
within fifteen (15) days from the date that person received notice 4195
of the action of the department being aggrieved. If the person 4196
aggrieved fails to appeal within this fifteen-day period, the 4197
action of the department * * * shall take effect as set out in the 4198
notice. The department * * * retains the authority to change at 4199
any time the action aggrieved to in an appeal under this 4200
subsection. The applicant or holder of any permit issued under 4201
this article may waive his right to notice and opportunity to a 4202
hearing as provided by this subsection and agree to the action 4203
being taken by the department. The inability of the 4204
department * * * to issue or renew a permit due to an incomplete 4205
application or due to the failure of the applicant to pay the 4206
annual privilege taxes and fees provided by Section 27-71-5 and/or 4207
the failure of the applicant to post or deposit the bond, cash or 4208
securities as required by Section 27-71-21 shall not constitute a 4209
denial for purposes of this subsection. 4210
(2) Any applicant for approval as a manager of an 4211
establishment operating under a permit issued under this article 4212
or who holds the designation of an approved manager of an 4213
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beverages.
establishment operating under a permit issued under this article 4214
and who is aggrieved by an action of the department * * * to deny 4215
his application for approval as a manager or to revoke or suspend 4216
his designation as an approved manager shall be allowed to appeal 4217
to the Board of Tax Appeals from this action. This appeal is to 4218
be filed by the aggrieved person with the Executive Director of 4219
the Board of Tax Appeals, with a copy being sent to the 4220
department * * *, within fifteen (15) days from the date that 4221
person received notice of the action of the department being 4222
aggrieved. If the person aggrieved fails to appeal within this 4223
fifteen-day period, the action of the department * * * shall take 4224
effect as set out in the notice. The department * * * retains the 4225
authority to change at any time the action aggrieved to in an 4226
appeal under this subsection. The applicant or holder of an 4227
approved manager designation may waive his right to notice and 4228
opportunity to a hearing as provided by this subsection and agree 4229
to the action being taken by the department. The inability of the 4230
department * * * to consider an application for approval of an 4231
applicant as a manager due to an incomplete application shall not 4232
constitute a denial of the application for purposes of this 4233
subsection. 4234
(3) Any applicant for approval of an area or locality as a 4235
qualified resort area under this article who is aggrieved by the 4236
decision of the department * * * to deny the qualified resort area 4237
as requested and any county or municipality wherein the proposed 4238
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beverages.
qualified resort area is located may appeal to the Board of Tax 4239
Appeals from such decision. This appeal is to be filed by the 4240
aggrieved applicant or by the affected county or municipality with 4241
the Executive Director of the Board of Tax Appeals, with a copy 4242
being sent to the department * * *, within fifteen (15) days from 4243
the date that the person or entity filing the appeal received 4244
notice of the decision of the department * * * to deny the 4245
qualified resort area. If an appeal is not filed within this 4246
fifteen-day period, the decision of the department * * * shall 4247
become final. The department * * * retains the authority to 4248
change at any time the decision aggrieved to in an appeal under 4249
this subsection. The inability of the department * * * to 4250
consider an application for the approval of an area or locality as 4251
a qualified resort area due to an incomplete application shall not 4252
constitute a denial of that application for purposes of this 4253
subsection. 4254
(4) Any person, including any county or municipality in 4255
which the qualified resort area is located, who is aggrieved by 4256
the decision of the department * * * to revoke the approval of an 4257
area or locality as a qualified resort area may appeal to the 4258
Board of Tax Appeals from such decision. This appeal is to be 4259
filed by the aggrieved person with the Executive Director of the 4260
Board of Tax Appeals, with a copy being sent to the 4261
department * * *, within fifteen (15) days from the date that the 4262
person or entity filing the appeal received notice of the decision 4263
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beverages.
of the department to revoke approval of the qualified resort area. 4264
At the discretion of the department * * *, in addition to any 4265
other notice to be provided under this subsection, the department 4266
may provide notice of its decision to revoke approval of the 4267
qualified resort area by publication in the same manner as 4268
provided by regulation when approval of a qualified resort area is 4269
sought. In regard to such publication, the fifteen-day period 4270
provided herein will begin on the date that notice is first 4271
published. If an appeal is not filed within this fifteen-day 4272
period, the decision of the department * * * shall become final. 4273
The department * * * retains the authority to change at any time 4274
the decision aggrieved to in an appeal under this subsection. 4275
(5) Any person objecting to an application for the issuance 4276
or transfer of a permit, other than a temporary retailer's permit, 4277
issued under this article and who timely requests in writing a 4278
hearing on his objection shall be given a hearing before the Board 4279
of Tax Appeals unless the permit is denied by the department * * * 4280
and an appeal is not taken by the applicant to the Board of Tax 4281
Appeals from that denial or the applicant withdraws his 4282
application. Any written request for a hearing on an objection 4283
must be filed with the department * * * within fifteen (15) days 4284
from the first date of publication of the notice of such 4285
application under Section 67-1-53. If the department determines 4286
that the permit should be denied, notice will be provided to the 4287
applicant as set out in subsection (1) of this section, and if the 4288
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beverages.
applicant timely requests a hearing on the denial as provided by 4289
this subsection (5), the department will advise the Executive 4290
Director of the Board of Tax Appeals and the applicant of the 4291
written request for a hearing on an objection to the permit. The 4292
hearing on the objection to the permit and the hearing on the 4293
appeal by the applicant from the denial of the department of the 4294
application shall be consolidated and heard by the Board of Tax 4295
Appeals at the same time. If the department determines that the 4296
permit should be issued, the department will advise the applicant 4297
and the Executive Director of the Board of Tax Appeals of the 4298
timely written request for a hearing on an objection to the 4299
application and a hearing will be set before the Board of Tax 4300
Appeals on this objection. If prior to the hearing, either the 4301
person requesting the hearing withdraws his request or the 4302
applicant withdraws his application, the hearing will be cancelled 4303
and the objection proceedings before the Board of Tax Appeals on 4304
the application will be dismissed as moot. In the case of such 4305
withdrawals, the Board of Tax Appeals is authorized to assess to 4306
either or both parties any costs incurred by it prior to such 4307
withdrawal. The department * * * retains authority to issue the 4308
permit to the applicant where the person objecting to the 4309
application withdraws his request for a hearing. 4310
(6) Any person objecting to an application for approval by 4311
the department * * * of * * * an area or locality as a qualified 4312
resort area under this article and who timely requests in writing 4313
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beverages.
a hearing on his objection shall be given a hearing before the 4314
Board of Tax Appeals unless approval of the application is denied 4315
by the department * * * and an appeal is not taken by the 4316
applicant or the county or municipality in which the proposed 4317
qualified resort area is located to the Board of Tax Appeals from 4318
that denial or the applicant withdraws his application. Any 4319
written request for a hearing on an objection must be filed with 4320
the department * * * within fifteen (15) days from the first date 4321
of publication of the notice of such application as provided by 4322
regulation. If the department determines that the application for 4323
approval of the proposed area or locality as a qualified resort 4324
area should be denied, the department will proceed with denial of 4325
such application as set out in subsection (3) of this section, and 4326
if the applicant or the county or municipality in which the 4327
proposed qualified resort area is located timely requests a 4328
hearing on the denial as provided by subsection (3) of this 4329
section, the department will advise the Executive Director of the 4330
Board of Tax Appeals and the applicant of the written request for 4331
a hearing on an objection to the application. The hearing on the 4332
objection to approval of the proposed qualified resort area and 4333
the hearing on the appeal from the denial of the department of the 4334
application for such approval shall be consolidated and heard by 4335
the Board of Tax Appeals at the same time. If the department 4336
determines that the proposed qualified resort area should be 4337
approved, the department will advise the applicant and the 4338
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beverages.
Executive Director of the Board of Tax Appeals of the timely 4339
written request for a hearing on an objection to the application 4340
and a hearing will be set before the Board of Tax Appeals on this 4341
objection. If prior to the hearing, either the person requesting 4342
the hearing withdraws his request or the applicant withdraws his 4343
application, the hearing will be cancelled and the objection 4344
proceedings before the Board of Tax Appeals on the application 4345
will be dismissed as moot. In the case of such withdrawals, the 4346
Board of Tax Appeals is authorized to assess to either or both 4347
parties any costs incurred by it prior to such withdrawal. The 4348
department * * * retains authority to approve the proposed area or 4349
locality as a qualified resort area where the person objecting to 4350
the application withdraws his request for a hearing. 4351
(7) Any person having an interest in any alcoholic 4352
beverages, * * * light intoxicating beverages or raw materials 4353
which the department * * * intends to dispose of under Section 4354
67-1-18 shall be given reasonable notice of this proposed 4355
disposal, and upon such notice, this person may request a hearing 4356
before the Board of Tax Appeals to establish his right or claim to 4357
this property. This request for a hearing shall be filed with the 4358
Board of Tax Appeals, with a copy sent to the department * * *, 4359
within fifteen (15) days from the date of receipt of the notice 4360
provided above by the person filing the request. If a request is 4361
not received by the Board of Tax Appeals within this fifteen-day 4362
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beverages.
period, the department may order the property disposed of in 4363
accordance with Section 67-1-18. 4364
(8) Upon receipt of a written request for hearing or appeal 4365
as set out above, the executive director shall schedule a hearing 4366
before the Board of Tax Appeals on this request or appeal. A 4367
notice of the hearing shall be mailed to all persons or entities 4368
having an interest in the matter being heard which shall always 4369
include the person or entity filing the request or appeal for 4370
which the hearing is being set, the applicant or holder of any 4371
permit, approved manager status or qualified resort area status in 4372
issue, any person who filed a written request for a hearing on an 4373
objection to any application in issue and the department * * *. 4374
This notice shall provide the date, time and location of the 4375
hearing. Mailing to the attorney representing a person or entity 4376
in the matter being heard shall be the same as mailing to the 4377
person or entity the attorney represents. Failure of the person 4378
or entity on whose request or appeal the matter was set for 4379
hearing to appear personally or through his designated 4380
representative at the hearing shall constitute an involuntary 4381
withdrawal of his request or appeal. Upon such withdrawal, the 4382
Board of Tax Appeals shall note on the record the failure of the 4383
person or entity to appear at the hearing and shall dismiss the 4384
request or appeal and remand the matter back to the 4385
department * * * for appropriate action. 4386
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beverages.
(9) At any hearing before the Board of Tax Appeals on an 4387
appeal or hearing request as set out above, two (2) members of the 4388
Board of Tax Appeals shall constitute a quorum. At the hearing, 4389
the Board of Tax Appeals shall try the issues presented according 4390
to law and the facts and pursuant to any guidelines established by 4391
regulation. The rules of evidence shall be relaxed at the 4392
hearing, and the hearing shall be recorded by a court reporter. 4393
After reaching a decision on the issues presented, the Board of 4394
Tax Appeals shall enter an order setting forth its findings and 4395
decision in the matter. A copy of the order of the Board of Tax 4396
Appeals shall be mailed to the person or entity filing the request 4397
or appeal which was heard, the applicant or holder of any permit, 4398
approved manager status or qualified resort area status in issue, 4399
any person who filed a written request for a hearing on an 4400
objection to any application in issue and the department * * * to 4401
notify them of the findings and decision of the Board of Tax 4402
Appeals. 4403
SECTION 59. Section 67-7-3, Mississippi Code of 1972, is 4404
amended as follows: 4405
67-7-3. The legislative purpose of this chapter is to 4406
provide a structure for the business relations between a 4407
wholesaler and a supplier of light wine, light spirit 4408
product * * *, beer or hemp beverages. Regulation in this area is 4409
considered necessary for the following reasons: 4410
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beverages.
(a) To maintain stability and healthy competition in 4411
the light wine, light spirit product * * *, beer * * * and hemp 4412
beverage industries in this state. 4413
(b) To promote and maintain a sound, stable and viable 4414
system of distribution of light * * * intoxicating beverages to 4415
the public. 4416
(c) To provide for the private settlement of disputes 4417
between wholesalers and suppliers of light * * * intoxicating 4418
beverages as an alternative to civil litigation which consumes the 4419
time and resources of the parties and the judicial system. 4420
(d) To promote the public health, safety and welfare. 4421
SECTION 60. Section 67-7-5, Mississippi Code of 1972, is 4422
amended as follows: 4423
67-7-5. As used in this chapter, the following words or 4424
phrases, or the plural thereof, whenever they appear in this 4425
chapter, unless the context clearly requires otherwise, shall have 4426
the meaning ascribed to them in this section. 4427
(a) "Agreement" means any agreement between a 4428
wholesaler and a supplier, whether oral or written, whereby a 4429
wholesaler is granted the right to purchase and sell a brand or 4430
brands of light * * * intoxicating beverages sold by a supplier. 4431
(b) "Ancillary business" means a business owned by the 4432
wholesaler, by a substantial stockholder of a wholesaler, or by a 4433
substantial partner of a wholesaler, the primary business of which 4434
is directly related to the transporting, storing or marketing of 4435
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of and legalize manufacture and sale of hemp
beverages.
the brand or brands of light * * * intoxicating beverages of a 4436
supplier with whom the wholesaler has an agreement; or a business 4437
owned by a wholesaler, a substantial stockholder of a wholesaler. 4438
(c) "Commission" or "department" means the Department 4439
of Revenue of the State of Mississippi. 4440
(d) "Commissioner" means the Commissioner of Revenue of 4441
the Department of Revenue. 4442
(e) "Designated member" means the spouse, child, 4443
grandchild, parent, brother or sister of a deceased individual who 4444
owned an interest, including a controlling interest, in a 4445
wholesaler, or any person who inherits under the deceased 4446
individual's will, or under the laws of intestate succession of 4447
this state; or any person who or entity which has otherwise, 4448
through a valid testamentary device by the deceased individual, 4449
succeeded the deceased individual in the wholesaler's business, or 4450
has succeeded to the deceased individual's ownership interest in 4451
the wholesaler pursuant to a written contract or instrument which 4452
has been previously approved by the supplier; "designated member" 4453
includes the appointed and qualified personal representative and 4454
the testamentary trustee of a deceased individual owning an 4455
ownership interest in a wholesaler, and it includes the person 4456
appointed by a court as the guardian or conservator of the 4457
property of an incapacitated individual owning an ownership 4458
interest in a wholesaler. 4459
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beverages.
(f) "Establish" means to adjust or regulate, to provide 4460
for and uphold. 4461
(g) "Good faith" means honesty in fact and observance 4462
of reasonable commercial standards of fair dealing in the trade, 4463
as defined in and interpreted under the Uniform Commercial Code. 4464
(h) "Reasonable qualifications" means the standard of 4465
the reasonable criteria established and consistently used by the 4466
respective supplier for similarly situated wholesalers that 4467
entered into, continued or renewed an agreement with the supplier 4468
during a period of twenty-four (24) months before the proposed 4469
transfer of the wholesaler's business, or for similarly situated 4470
wholesalers who have changed managers or designated managers, 4471
under the agreement, during a period of twenty-four (24) months 4472
before the proposed change in the manager or successor manager of 4473
the wholesaler's business. 4474
(i) "Retaliatory action" means the refusal to continue 4475
an agreement, or a material reduction in the quality of service or 4476
quantity of products available to a wholesaler under an agreement, 4477
which refusal or reduction is not made in good faith. 4478
(j) "Sales territory" means a primary area of sales 4479
responsibility for the brand or brands of light * * * intoxicating 4480
beverages sold by a supplier as designated by an agreement. 4481
(k) "Substantial stockholder or substantial partner" 4482
means a stockholder of or partner in the wholesaler who owns an 4483
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beverages.
interest of ten percent (10%) or more of the partnership or of the 4484
capital stock of a corporate wholesaler. 4485
(l) "Successor" means a person who replaces a supplier 4486
with regard to the right to manufacture, sell, distribute or 4487
import a brand or brands of light * * * intoxicating beverages. 4488
(m) "Supplier" means a manufacturer or importer of 4489
light * * * intoxicating beverages as regulated by the department 4490
under Sections 67-3-1 through 67-3-73. 4491
(n) "Transfer of wholesaler's business" means the 4492
voluntary sale, assignment or other transfer of ten percent (10%) 4493
or more of control of the business or all or substantially all of 4494
the assets of the wholesaler, or ten percent (10%) or more of 4495
control of the capital stocks of the wholesaler, including without 4496
limitation the sale or other transfer of capital stock or assets 4497
by merger, consolidation or dissolution, or of the capital stock 4498
of the parent corporation, or of the capital stock or beneficial 4499
ownership of any other entity owning or controlling the 4500
wholesaler. 4501
(o) "Wholesaler" means a wholesaler of light * * * 4502
intoxicating beverages as regulated by the department under 4503
Sections 67-3-1 through 67-3-73. 4504
(p) "Similarly situated wholesalers" means wholesalers 4505
of a supplier that are of a generally comparable size and operate 4506
in markets in Mississippi and adjoining states with similar 4507
demographic characteristics, including population size, density, 4508
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beverages.
distribution and vital statistics, as well as reasonably similar 4509
economic and geographic conditions. 4510
(q) "Light * * * intoxicating beverage" has the meaning 4511
ascribed * * * in Section 67-3-3. 4512
SECTION 61. Section 67-7-7, Mississippi Code of 1972, is 4513
amended as follows: 4514
67-7-7. A supplier shall not do the following: 4515
(a) Fail to provide each wholesaler of the supplier's 4516
brand or brands with a written agreement which contains in total 4517
the supplier's agreement with each wholesaler, and designates a 4518
specific sales territory. Any agreement which is in existence on 4519
April 7, 1995, shall be renewed consistent with this chapter, 4520
provided that this chapter may be incorporated by reference in the 4521
agreement. Nothing contained herein shall prevent a supplier from 4522
appointing, one (1) time for a period not to exceed ninety (90) 4523
days, a wholesaler to service temporarily a sales territory not 4524
designated to another wholesaler, until such time as a wholesaler 4525
is appointed by the supplier; and such wholesaler who is 4526
designated to service the sales territory during this period of 4527
temporary service shall not be in violation of the chapter, and, 4528
with respect to the temporary service territory, shall not have 4529
any of the rights provided under Sections 67-7-11 and 67-7-15. 4530
(b) Fix, maintain or establish the price at which a 4531
wholesaler shall sell any light * * * intoxicating beverage. 4532
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beverages.
(c) Enter into an additional agreement with any other 4533
wholesaler for, or to sell to any other wholesaler, the same brand 4534
or brands of light * * * intoxicating beverages in the same 4535
territory or any portion thereof, or to sell directly to any 4536
retailer in this state. 4537
(d) Require any wholesaler to accept delivery of any 4538
light * * * intoxicating beverage or other commodity which has not 4539
been ordered by the wholesaler, except that a supplier may impose 4540
reasonable inventory requirements upon a wholesaler if the 4541
requirements are made in good faith and are generally applied to 4542
other similarly situated wholesalers who have an agreement with 4543
the supplier. 4544
(e) Require any wholesaler to accept delivery of any 4545
light * * * intoxicating beverage or other commodity ordered by a 4546
wholesaler if the order was properly cancelled by the wholesaler 4547
in accordance with the supplier's procedure. 4548
(f) Require any wholesaler to do any illegal act or to 4549
violate any law or regulation by threatening to amend, modify, 4550
cancel, terminate or refuse to renew any agreement existing 4551
between the supplier and wholesaler. 4552
(g) Require a wholesaler to assent to any condition, 4553
stipulation or provision limiting the wholesaler's right to sell 4554
the brand or brands of light * * * intoxicating beverages of any 4555
other supplier unless the acquisition of the brand or brands of 4556
another supplier would materially impair or adversely affect the 4557
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beverages.
wholesaler's quality of service, sales or ability to compete 4558
effectively in representing the brand or brands of the supplier 4559
presently being sold by the wholesaler, except that in any action 4560
challenging a supplier's position, the supplier shall have the 4561
burden of providing that such acquisition of such other brand or 4562
brands would have such effect. 4563
(h) Require a wholesaler to purchase one or more brands 4564
of light * * * intoxicating beverages in order for the wholesaler 4565
to purchase another brand or brands of light * * * intoxicating 4566
beverages for any reason, except that a wholesaler that has agreed 4567
to distribute a brand or brands before April 7, 1995, shall 4568
continue to distribute the brand or brands in conformance with 4569
this chapter. 4570
(i) Require a wholesaler to submit audited profit and 4571
loss statements, balance sheets or financial records as a 4572
condition of renewal or continuation of an agreement, except that 4573
a supplier may require reasonable proof of a wholesaler's 4574
financial condition prior to extending credit terms to a 4575
wholesaler. 4576
(j) Withhold delivery of light * * * intoxicating 4577
beverages ordered by wholesaler, or change a wholesaler's quota of 4578
a brand or brands if the withholding or change is not made in good 4579
faith. 4580
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beverages.
(k) Require a wholesaler by any means directly to 4581
participate in or contribute to any local or national advertising 4582
fund controlled directly or indirectly by a supplier. 4583
(l) Take any retaliatory action against a wholesaler 4584
that files a complaint in good faith regarding an alleged 4585
violation by the supplier of federal, state or local law or an 4586
administrative rule as a result of that complaint. 4587
(m) Require or prohibit any change in the manager or 4588
successor manager of any wholesaler who has been approved by the 4589
supplier as of or after April 7, 1995, unless the supplier acts in 4590
good faith. Should a wholesaler change an approved manager or 4591
successor manager, a supplier shall not require or prohibit the 4592
change unless the person selected by the wholesaler fails to meet 4593
the nondiscriminatory, material and reasonable standards and 4594
qualifications for managers consistently applied to similarly 4595
situated wholesalers by the supplier, except that, in any action 4596
challenging a supplier's decision, the supplier shall have the 4597
burden of proving that such person fails to meet such standards 4598
and qualifications. 4599
(n) Upon written notice of intent to transfer the 4600
wholesaler's business, interfere with, prevent or unreasonably 4601
delay (not to exceed thirty (30) days) the transfer of the 4602
wholesaler's business if the proposed transferee is a designated 4603
member. 4604
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beverages.
(o) Upon written notice of intent to transfer the 4605
wholesaler's business other than to a designated member, withhold 4606
consent to or approval of, or unreasonably delay (not to exceed 4607
thirty (30) days after receipt of all material information 4608
reasonably requested) a response to a request by the wholesaler 4609
for any transfer of a wholesaler's business if the proposed 4610
transferee meets the nondiscriminatory material and reasonable 4611
qualifications and standards required by the supplier for 4612
similarly situated wholesalers. 4613
(p) Restrict or inhibit the right of free association 4614
among wholesalers for any lawful purpose. 4615
(q) Threaten to cancel or withhold credit, or to reduce 4616
the time period normally given the wholesaler to make payment on a 4617
delivery from the supplier as a means of compelling the wholesaler 4618
to meet certain standards of performance in any area of business 4619
not directly related to credit. 4620
SECTION 62. Section 67-7-9, Mississippi Code of 1972, is 4621
amended as follows: 4622
67-7-9. A wholesaler shall not do any of the following: 4623
(a) Fail to devote such efforts and resources to the 4624
sale and distribution of all the supplier's brands of light * * * 4625
intoxicating beverages which the wholesaler has been granted the 4626
right to sell or distribute as are required in the wholesaler's 4627
agreement with the supplier. 4628
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(b) Sell or deliver light * * * intoxicating beverages 4629
to a retail licensee located outside the sales territory 4630
designated to the wholesaler by the supplier of a particular brand 4631
or brands of light * * * intoxicating beverages, except that 4632
during periods of temporary service interruptions impacting a 4633
particular sales territory, a supplier may appoint another 4634
wholesaler to service the sales territory during the period of 4635
temporary service interruption. A wholesaler who is designated to 4636
service the impacted sales territory during the period of 4637
temporary service interruption shall not be in violation of this 4638
chapter and shall not have any of the rights provided under 4639
Sections 67-7-11 and 67-7-15 with respect to the temporary service 4640
territory. 4641
(c) Transfer the wholesaler's business without giving 4642
the supplier written notice of intent to transfer the wholesaler's 4643
business and, where required by this chapter, receiving the 4644
supplier's written approval for the proposed transfer, except that 4645
the consent or approval of the supplier shall not be required of 4646
any transfer of the wholesaler's business to a designated member, 4647
or of any transfer of less than ten percent (10%) of the 4648
wholesaler's business unless such transfer results in a change in 4649
control. The wholesaler shall give the supplier written notice of 4650
any change in ownership of the wholesaler. 4651
SECTION 63. Section 67-7-11, Mississippi Code of 1972, is 4652
amended as follows: 4653
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67-7-11. (1) Except as otherwise provided for in this 4654
chapter, a supplier shall not amend or modify an agreement; cause 4655
a wholesaler to resign from an agreement; or cancel, terminate, 4656
fail to renew or refuse to continue under an agreement, unless the 4657
supplier has complied with all of the following: 4658
(a) Has satisfied the applicable notice requirements of 4659
this section. 4660
(b) Has acted in good faith. 4661
(c) Has good cause for the amendment, modification, 4662
cancellation, termination, nonrenewal, discontinuance or forced 4663
resignation. 4664
(2) In any action challenging such amendment, modification, 4665
termination, cancellation, nonrenewal or discontinuance, the 4666
supplier shall have the burden of proving that it has acted in 4667
good faith, that the notice requirements under this section have 4668
been complied with, and that there was good cause for the 4669
amendment, modification, termination, cancellation, nonrenewal or 4670
discontinuance. 4671
(3) Except as otherwise provided in this section, and in 4672
addition to the time limits set forth in subsection (4)(d) of this 4673
section, the supplier shall furnish written notice of the 4674
amendment, modification, termination, cancellation, nonrenewal or 4675
discontinuance of an agreement to the wholesaler not less than 4676
thirty (30) days before the effective date of the amendment, 4677
modification, termination, cancellation, nonrenewal or 4678
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beverages.
discontinuance. The notice shall be by certified mail and shall 4679
contain all of the following: 4680
(a) A statement of intention to amend, modify, 4681
terminate, cancel, nonrenew or discontinue the agreement. 4682
(b) A statement of the reason for the amendment, 4683
modification, termination, cancellation, nonrenewal or 4684
discontinuance. 4685
(c) The date on which the amendment, modification, 4686
termination, cancellation, nonrenewal or discontinuance takes 4687
effect. 4688
(4) Good cause shall exist for the purposes of a 4689
termination, cancellation, nonrenewal or discontinuance under 4690
subsection (1)(c) of this section when all of the following occur: 4691
(a) There is a failure by the wholesaler to comply with 4692
a provision of the agreement which is both reasonable and of 4693
material significance to the business relationship between the 4694
wholesaler and the supplier. 4695
(b) The supplier first acquired knowledge of the 4696
failure described in * * * paragraph (a) not more than twenty-four 4697
(24) months before the date notification was given pursuant to 4698
subsection (3) of this section. 4699
(c) The wholesaler was given notice by the supplier of 4700
failure to comply with this agreement. 4701
(d) The wholesaler has been afforded thirty (30) days 4702
in which to submit a plan of corrective action to comply with the 4703
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beverages.
agreement and an additional ninety (90) days to cure such 4704
noncompliance in accordance with the plan. 4705
(5) Notwithstanding subsections (1) and (3) of this section, 4706
a supplier may terminate, cancel, fail to renew or discontinue an 4707
agreement immediately upon written notice given in the manner and 4708
containing the information required by subsection (3)(a), (b) and 4709
(c) of this section if any of the following occur: 4710
(a) Insolvency of the wholesaler, the filing of any 4711
petition by or against the wholesaler under any bankruptcy or 4712
receivership law or the assignment for the benefit of creditors or 4713
dissolution or liquidation of the wholesaler which materially 4714
affects the wholesaler's ability to remain in business. 4715
(b) Revocation or suspension of the wholesaler's state 4716
or federal license by the appropriate regulatory agency whereby 4717
the wholesaler cannot service the wholesaler's sales territory for 4718
more than thirty-one (31) days. 4719
(c) The wholesaler, or a partner or an individual who 4720
owns ten percent (10%) or more of the partnership or stock of a 4721
corporate wholesaler, has been convicted of a felony under the 4722
United States Code or the laws of any state which reasonably may 4723
adversely affect the good will or interest of the wholesaler or 4724
supplier. However, an existing stockholder or stockholders, or 4725
partner or partners, or a designated member or members, shall 4726
have, subject to the provisions of this chapter, the right to 4727
purchase the partnership interest or the stock of the offending 4728
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beverages.
partner or stockholder prior to the conviction of the offending 4729
partner or stockholder, and if the sale is completed prior to 4730
conviction the provisions of this * * * paragraph shall not apply. 4731
(d) There was fraudulent conduct relating to a material 4732
matter on the part of the wholesaler in dealings with the supplier 4733
or its product, except that the supplier shall have the burden of 4734
proving fraudulent conduct relating to a material matter on the 4735
part of the wholesaler in any legal action challenging such 4736
termination. 4737
(e) The wholesaler failed to confine to the designated 4738
sales territory its sales of a brand or brands to retailers except 4739
that this subsection does not apply if there is a dispute between 4740
two (2) or more wholesalers as to the boundaries of the assigned 4741
territory, and the boundaries cannot be determined by a reading of 4742
the description contained in the agreements between the supplier 4743
and the wholesalers. 4744
(f) A wholesaler has failed to pay for light * * * 4745
intoxicating beverages ordered and delivered in accordance with 4746
established terms and the wholesaler fails to make full payment 4747
within five (5) business days after receipt of written notice of 4748
the delinquency and demand for immediate payment from the 4749
supplier. 4750
(g) A wholesaler intentionally has made a transfer of 4751
wholesaler's business, other than a transfer to a designated 4752
member without prior written notice to the supplier. 4753
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(h) A wholesaler intentionally has made a transfer of 4754
wholesaler's business, other than a transfer to a designated 4755
member, although the wholesaler has prior to said transfer 4756
received from supplier a timely notice of disapproval of said 4757
transfer in accordance with this chapter. 4758
(i) The wholesaler intentionally ceases to carry on 4759
business with respect to any of supplier's brand or brands 4760
previously serviced by wholesaler in its territory designated by 4761
the supplier, unless such cessation is due to force majeure or to 4762
labor dispute and the wholesaler has made good faith efforts to 4763
overcome such events. Provided, however, this shall affect only 4764
that brand or brands with respect to which the wholesaler ceased 4765
to carry on business. 4766
(6) Notwithstanding subsections (1), (3) and (5) of this 4767
section, a supplier may terminate, cancel, not renew or 4768
discontinue an agreement upon not less than thirty (30) days prior 4769
written notice if the supplier discontinues production or 4770
discontinues distribution in this state of all the brands sold by 4771
the supplier to the wholesaler, except that nothing in this 4772
section shall prohibit a supplier from: (a) upon not less than 4773
thirty (30) days notice, discontinuing the distribution of any 4774
particular brand or package of light * * * intoxicating beverage; 4775
or (b) conducting test marketing of a new brand of light * * * 4776
intoxicating beverage which is not currently being sold in this 4777
state, except that the supplier has notified the department in 4778
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beverages.
writing of its plans to test market, which notice shall describe 4779
the market area in which the test shall be conducted; the name or 4780
names of the wholesaler or wholesalers who will be selling the 4781
light * * * intoxicating beverage; the name or names of the brand 4782
of light * * * intoxicating beverage being tested; and the period 4783
of time, not to exceed eighteen (18) months, during which the 4784
testing will take place. 4785
SECTION 64. Section 67-9-1, Mississippi Code of 1972, is 4786
amended as follows: 4787
67-9-1. Notwithstanding the provisions of any section of 4788
Title 27 or 67, Mississippi Code of 1972, it shall be lawful for 4789
any person holding an alcohol processing permit to transport and 4790
possess alcoholic beverages * * * and light intoxicating 4791
beverages, in any part of the state, for his or her use in 4792
cooking, processing or manufacturing products which contain 4793
alcoholic beverages as an integral ingredient, in amounts as 4794
limited by the Alcoholic Beverage Control Division of the 4795
Department of Revenue. The authority to transport and possess 4796
alcoholic beverages * * * and light intoxicating beverages under 4797
this section exists regardless of whether (a) the county or 4798
municipality in which the transportation or possession takes place 4799
has voted for or against coming out from under the dry law, or (b) 4800
the transportation, storage, sale, distribution, receipt or 4801
manufacture of light * * * intoxicating beverages otherwise is 4802
prohibited. 4803
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The provisions of this section shall not be construed as 4804
amending, repealing or otherwise affecting any statute or any 4805
lawfully adopted ordinance, rule or regulation that prohibits or 4806
restricts the location at which, or the premises upon which, 4807
alcoholic beverages * * * or light intoxicating beverages may be 4808
sold or consumed. 4809
The term "alcoholic beverages" has the meaning ascribed in 4810
Section 67-1-5, and the term "light intoxicating beverages" has 4811
the meaning ascribed in Section 67-3-3. 4812
SECTION 65. Section 27-65-241, Mississippi Code of 1972, is 4813
amended as follows: 4814
27-65-241. (1) As used in this section, the following terms 4815
shall have the meanings ascribed to them in this section unless 4816
otherwise clearly indicated by the context in which they are used: 4817
(a) "Hotel" or "motel" means and includes a place of 4818
lodging that at any one time will accommodate transient guests on 4819
a daily or weekly basis and that is known to the trade as such. 4820
Such terms shall not include a place of lodging with ten (10) or 4821
less rental units. 4822
(b) "Municipality" means any municipality in the State 4823
of Mississippi with a population of one hundred fifty thousand 4824
(150,000) or more according to the most recent federal decennial 4825
census. 4826
(c) "Restaurant" means and includes all places where 4827
prepared food is sold and whose annual gross proceeds of sales or 4828
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beverages.
gross income for the preceding calendar year equals or exceeds One 4829
Hundred Thousand Dollars ($100,000.00). The term "restaurant" 4830
shall not include any nonprofit organization that is exempt from 4831
federal income taxation under Section 501(c)(3) of the Internal 4832
Revenue Code. For the purpose of calculating gross proceeds of 4833
sales or gross income, the sales or income of all establishments 4834
owned, operated or controlled by the same person, persons or 4835
corporation shall be aggregated. 4836
(2) (a) Subject to the provisions of this section, the 4837
governing authorities of a municipality may impose upon all 4838
persons as a privilege for engaging or continuing in business or 4839
doing business within such municipality, a special sales tax at 4840
the rate of not more than one percent (1%) of the gross proceeds 4841
of sales or gross income of the business, as the case may be, 4842
derived from any of the activities taxed at the rate of seven 4843
percent (7%) or more under the Mississippi Sales Tax Law, Section 4844
27-65-1 et seq. 4845
(b) The tax levied under this section shall apply to 4846
every person making sales of tangible personal property or 4847
services within the municipality but shall not apply to: 4848
(i) Sales exempted by Sections 27-65-19, 4849
27-65-101, 27-65-103, 27-65-105, 27-65-107, 27-65-109 and 4850
27-65-111 of the Mississippi Sales Tax Law; 4851
(ii) Gross proceeds of sales or gross income of 4852
restaurants derived from the sale of food and beverages; 4853
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(iii) Gross proceeds of sales or gross income of 4854
hotels and motels derived from the sale of hotel rooms and motel 4855
rooms for lodging purposes; 4856
(iv) Gross income of businesses engaging or 4857
continuing in the business of TV cable systems, subscription TV 4858
services, and other similar activities, including, but not limited 4859
to, cable internet services; 4860
(v) Wholesale sales of food and drink for human 4861
consumption sold to full service vending machine operators; and 4862
(vi) Wholesale sales of light * * * intoxicating 4863
beverages, as defined in Section 67-3-3, and alcoholic beverages, 4864
as defined in Section 67-1-5. 4865
(3) (a) Before any tax authorized under this section may be 4866
imposed, the governing authorities of the municipality shall adopt 4867
a resolution declaring * * * their intention to levy the tax, 4868
setting forth the amount of the tax to be imposed, the purposes 4869
for which the revenue collected pursuant to the tax levy may be 4870
used and expended, the date upon which the tax shall become 4871
effective, the date upon which the tax shall be repealed, and 4872
calling for an election to be held on the question. The date of 4873
the election shall be set in the resolution. Notice of the 4874
election shall be published once each week for at least three (3) 4875
consecutive weeks in a newspaper published or having a general 4876
circulation in the municipality, with the first publication of the 4877
notice to be made not less than twenty-one (21) days before the 4878
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date fixed in the resolution for the election and the last 4879
publication to be made not more than seven (7) days before the 4880
election. At the election, all qualified electors of the 4881
municipality may vote. The ballots used at the election shall 4882
have printed thereon a brief description of the sales tax, the 4883
amount of the sales tax levy, a description of the purposes for 4884
which the tax revenue may be used and expended and the words "FOR 4885
THE LOCAL SALES TAX" and "AGAINST THE LOCAL SALES TAX" and the 4886
voter shall vote by placing a cross (X) or check mark (√) opposite 4887
his or her choice on the proposition. When the results of the 4888
election have been canvassed by the election commissioners of the 4889
municipality and certified by them to the governing authorities, 4890
it shall be the duty of such governing authorities to determine 4891
and adjudicate whether at least three-fifths (3/5) of the 4892
qualified electors who voted in the election voted in favor of the 4893
tax. If at least three-fifths (3/5) of the qualified electors who 4894
voted in the election voted in favor of the tax, the governing 4895
authorities shall adopt a resolution declaring the levy and 4896
collection of the tax provided in this section and shall set the 4897
first day of the second month following the date of such adoption 4898
as the effective date of the tax levy. A certified copy of this 4899
resolution, together with the result of the election, shall be 4900
furnished to the Department of Revenue not less than thirty (30) 4901
days before the effective date of the levy. 4902
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beverages.
(b) A municipality shall not hold more than two (2) 4903
elections under this subsection. 4904
(4) The revenue collected pursuant to the tax levy imposed 4905
under this section may be expended to pay the cost of road and 4906
street repair, reconstruction and resurfacing projects based on 4907
traffic patterns, need and usage, and to pay the costs of water, 4908
sewer and drainage projects in accordance with a master plan 4909
adopted by the commission established pursuant to subsection (7). 4910
(5) (a) The special sales tax authorized by this section 4911
shall be collected by the Department of Revenue, shall be 4912
accounted for separately from the amount of sales tax collected 4913
for the state in the municipality and shall be paid to the 4914
municipality. The Department of Revenue may retain one percent 4915
(1%) of the proceeds of such tax for the purpose of defraying the 4916
costs incurred by the department in the collection of the tax. 4917
Payments to the municipality shall be made by the Department of 4918
Revenue on or before the fifteenth day of the month following the 4919
month in which the tax was collected. However, if a municipality 4920
fails to comply with the audit, reporting and/or report filing 4921
requirements of paragraph (b) of this subsection and does not 4922
remedy such noncompliance within thirty (30) days after receiving 4923
written notice of noncompliance, the Department of Revenue shall 4924
withhold payments otherwise payable to the municipality under this 4925
paragraph (a) until the department receives written notice that 4926
the municipality has complied with such requirements. 4927
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(b) The proceeds of the special sales tax shall be 4928
placed into a special municipal fund apart from the municipal 4929
general fund and any other funds of the municipality, and shall be 4930
expended by the municipality solely for the purposes authorized in 4931
subsection (4) of this section. The records reflecting the 4932
receipts and expenditures of the revenue from the special sales 4933
tax shall be provided in detail to the members of the commission 4934
monthly, to include the name of the vendor and the project, and 4935
the dates and amounts received and paid, and shall also be audited 4936
annually by an independent certified public accountant. The 4937
accountant shall make a report of his findings to the governing 4938
authorities of the municipality and file a copy of his or her 4939
report with the Secretary of the Senate and the Clerk of the House 4940
of Representatives and the commission members. The audit shall be 4941
made and completed as soon as practical after the close of the 4942
fiscal year of the municipality, and expenses of the audit shall 4943
be paid from the funds derived by the municipality pursuant to 4944
this section. 4945
(c) Any expenditure from the special municipal fund 4946
defined in paragraph (b) above that was not for a project approved 4947
by the commission, or was in excess of the amount approved by the 4948
commission, shall be reimbursed by the city to the special fund. 4949
(d) All provisions of the Mississippi Sales Tax Law 4950
applicable to filing of returns, discounts to the taxpayer, 4951
remittances to the Department of Revenue, enforced collection, 4952
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rights of taxpayers, recovery of improper taxes, refunds of 4953
overpaid taxes or other provisions of law providing for imposition 4954
and collection of the state sales tax shall apply to the special 4955
sales tax authorized by this section, except where there is a 4956
conflict, in which case the provisions of this section shall 4957
control. Any damages, penalties or interest collected for the 4958
nonpayment of taxes imposed under this section, or for 4959
noncompliance with the provisions of this section, shall be paid 4960
to the municipality on the same basis and in the same manner as 4961
the tax proceeds. Any overpayment of tax for any reason that has 4962
been disbursed to a municipality or any payment of the tax to a 4963
municipality in error may be adjusted by the Department of Revenue 4964
on any subsequent payment to the municipality pursuant to the 4965
provisions of the Mississippi Sales Tax Law. The Department of 4966
Revenue may, from time to time, make such rules and regulations 4967
not inconsistent with this section as may be deemed necessary to 4968
carry out the provisions of this section, and such rules and 4969
regulations shall have the full force and effect of law. 4970
(6) If a municipality expands its corporate boundaries, the 4971
governing authorities of the municipality may not impose the 4972
special sales tax in the annexed area unless the tax is approved 4973
at an election conducted, as far as is practicable, in the manner 4974
provided in subsection (3) of this section, except that only 4975
qualified electors in the annexed area may vote in the election. 4976
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(7) (a) Any municipality that levies the special sales tax 4977
authorized under this section shall establish a commission as 4978
provided for in this section. Expenditures of revenue from the 4979
special sales tax authorized by this section shall be in 4980
accordance with a master plan adopted by the commission pursuant 4981
to this subsection. 4982
(b) The commission shall be composed of ten (10) voting 4983
members who shall be known as commissioners appointed as follows: 4984
(i) Four (4) members representing the business 4985
community in the municipality appointed by the local chamber of 4986
commerce for initial terms of one (1), two (2), four (4) and five 4987
(5) years respectively. The members appointed pursuant to this 4988
paragraph shall be persons who represent businesses located within 4989
the city limits of the municipality. 4990
(ii) Three (3) members shall be appointed at large 4991
by the mayor of the municipality, with the advice and consent of 4992
the legislative body of the municipality, for initial terms of two 4993
(2), three (3) and four (4) years respectively. All appointments 4994
made by the mayor pursuant to this paragraph shall be residents of 4995
the municipality. 4996
(iii) One (1) member shall be appointed at large 4997
by the Governor for an initial term of four (4) years. All 4998
appointments made by the Governor pursuant to this paragraph shall 4999
be residents of the municipality. 5000
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(iv) One (1) member shall be appointed at large by 5001
the Lieutenant Governor for an initial term of four (4) years. 5002
All appointments made by the Lieutenant Governor pursuant to this 5003
paragraph shall be residents of the municipality. 5004
(v) One (1) member shall be appointed at large by 5005
the Speaker of the House of Representatives for a term of four (4) 5006
years. All appointments made by the Speaker of the House of 5007
Representatives pursuant to this paragraph shall be residents of 5008
the municipality. 5009
(c) The terms of all appointments made subsequent to 5010
the initial appointment shall be made for five (5) years. Any 5011
vacancy which may occur shall be filled in the same manner as the 5012
original appointment and shall be made for the unexpired term. 5013
(d) The mayor of the municipality shall designate a 5014
chairman of the commission from among the membership of the 5015
commission. The vice chairman and secretary shall be elected by 5016
the commission from among the membership of the commission for a 5017
term of two (2) years. The vice chairman and secretary may be 5018
reelected, and the chairman may be reappointed. 5019
(e) The commissioners shall serve without compensation. 5020
(f) Any commissioner shall be disqualified and shall be 5021
removed from office for either of the following reasons: 5022
(i) Conviction of a felony in any state court or 5023
in federal court; or 5024
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(ii) Failure to attend three (3) consecutive 5025
meetings without just cause. 5026
If a commissioner is removed for any of the above reasons, 5027
the vacancy shall be filled in the manner prescribed in this 5028
section and shall be made for the unexpired term. 5029
(g) A quorum shall consist of six (6) voting members of 5030
the commission. The commission shall adopt such rules and 5031
regulations as may govern the time and place for holding meetings, 5032
regular and special. 5033
(h) The commission shall, with input from the 5034
municipality, establish a master plan for road and street repair, 5035
reconstruction and resurfacing projects based on traffic patterns, 5036
need and usage, and for water, sewer and drainage projects. 5037
Expenditures of the revenue from the tax authorized to be imposed 5038
pursuant to this section shall be made at the discretion of the 5039
governing authorities of the municipality if the expenditures 5040
comply with the master plan. The commission shall monitor the 5041
compliance of the municipality with the master plan. 5042
(8) The governing authorities of any municipality that 5043
levies the special sales tax authorized under this section are 5044
authorized to incur debt, including bonds, notes or other 5045
evidences of indebtedness, for the purpose of paying the costs of 5046
road and street repair, reconstruction and resurfacing projects 5047
based on traffic patterns, need and usage, and to pay the costs of 5048
water, sewer and drainage projects in accordance with a master 5049
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beverages.
plan adopted by the commission established pursuant to subsection 5050
(7) of this section. Any bonds or notes issued to pay such costs 5051
may be secured by the proceeds of the special sales tax levied 5052
pursuant to this section or may be general obligations of the 5053
municipality and shall satisfy the requirements for the issuance 5054
of debt provided by Sections 21-33-313 through 21-33-323. 5055
(9) This section shall stand repealed from and after July 1, 5056
2035. 5057
SECTION 66. Section 27-71-301, Mississippi Code of 1972, is 5058
amended as follows: 5059
27-71-301. When used in this article the words and terms 5060
hereafter mentioned shall have the following definitions: 5061
(a) "State Auditor" means the State Auditor of Public 5062
Accounts of the State of Mississippi or any legally appointed 5063
deputy, clerk or agent. 5064
(b) "Person" includes all natural persons or 5065
corporations, a partnership, an association, a joint venture, an 5066
estate, a trust, or any other group or combination acting as a 5067
unit and shall include the plural as well as the singular unless 5068
an intention to give another meaning thereto is disclosed in the 5069
context. 5070
(c) "Consumer" means a person who comes into the 5071
possession of * * * any light intoxicating beverage for the 5072
purpose of consuming it, giving it away or otherwise disposing of 5073
it in any manner except by sale, barter or exchange. 5074
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beverages.
(d) "Retailer" means any person who comes into the 5075
possession of such light * * * intoxicating beverage for the 5076
purpose of selling it to the consumer, or giving it away, or 5077
exposing it where it may be taken or purchased or acquired in any 5078
other manner by the consumer. The term "retailer" shall include 5079
small craft breweries and microbreweries; however, the term 5080
"retailer" shall not include a person who offers and provides beer 5081
on the premises of a brewery for the purpose of tasting or 5082
sampling as authorized in Section 67-3-47. 5083
(e) "Wholesaler" means any person who comes into 5084
possession of such light * * * intoxicating beverage for the 5085
purpose of selling, distributing, or giving it away to retailers 5086
or other wholesalers or dealers inside or outside of this state. 5087
(f) "Commissioner" means the Commissioner of Revenue of 5088
the Department of Revenue or his or her duly appointed agents or 5089
employees. 5090
(g) "Sale" includes the exchange of such light * * * 5091
intoxicating beverages for money, or giving away or distributing 5092
any such light * * * intoxicating beverages for anything of value; 5093
however, the term "sale" shall not include beer offered and 5094
provided on the premises of a brewery for the purpose of tasting 5095
or sampling as authorized in Section 67-3-47. 5096
(h) * * * "Beer," "light wine," "light spirit product," 5097
"hemp beverage" and "light intoxicating beverage" have the 5098
meanings ascribed in Section 67-3-3. 5099
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beverages.
(i) "Distributor" includes every person who receives, 5100
either from within or from without this state, from a brewery, a 5101
winery or any other source, light * * * intoxicating beverages for 5102
the purpose of distributing or otherwise disposing of such 5103
light * * * intoxicating beverages to a wholesaler or retailer of 5104
such light * * * intoxicating beverages. 5105
(j) "Brewpub" means the premises of any location in 5106
which any light wine, light spirit product or beer is manufactured 5107
or brewed, for retail sale if the total amount of light wine, 5108
light spirit product or beer produced on the premises does not 5109
exceed the production limitation imposed in Section 67-3-22, and 5110
the light wine, light spirit product or beer is produced for 5111
consumption on the premises, although without prohibition on sales 5112
for off-premises consumption. 5113
(k) "Hospitality cart" means a mobile cart from which 5114
alcoholic beverages and light * * * intoxicating beverages are 5115
sold on a golf course and for which a hospitality cart permit has 5116
been issued under Section 67-1-51. 5117
(l) "Small craft brewery" shall have the meaning 5118
ascribed to such term in Section 67-3-3. 5119
(m) "Manufacturer" means a * * * producer of light 5120
intoxicating beverages for sale to a distributor; however, the 5121
term does not include * * * brewpubs or, with respect to hemp 5122
beverages, microbreweries. 5123
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of and legalize manufacture and sale of hemp
beverages.
(n) "Microbrewery" shall have the meaning ascribed to 5124
such term in Section 67-3-3. 5125
SECTION 67. Section 27-71-303, Mississippi Code of 1972, is 5126
amended as follows: 5127
27-71-303. (1) Upon each person approved for a permit to 5128
engage in the business of selling light wines, light spirit 5129
products or beer, there is hereby imposed, levied and assessed, to 5130
be collected and paid as herein provided, annual privilege taxes 5131
in the following amounts: 5132
(a) Retailers--for each place of 5133
business.......................................... $ * * * 150.00 5134
(b) Wholesalers or distributors--for 5135
each * * * location............................... $ * * * 2,000.00 5136
(c) Manufacturers--for each place of 5137
business.......................................... $ * * * 2,000.00 5138
(d) Brewpubs--for each place of 5139
business.......................................... $ * * * 2,000.00 5140
(e) Microbrewery--for each place of 5141
business.......................................... $ * * * 2,000.00 5142
(f) Small craft brewery--for each 5143
place of business................................. $ * * * 2,000.00 5144
(2) Upon each person approved to engage in the business of 5145
selling hemp beverages, there is hereby imposed, levied and 5146
assessed, to be collected and paid as herein provided, separate 5147
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beverages.
annual privilege taxes in the same amounts as provided in 5148
subsection (1) of this section for each category of business: 5149
(a) Retailers--for each place of 5150
business................................................ $ 150.00 5151
(b) Wholesalers or distributors--for each 5152
location................................................ $ 2,000.00 5153
(c) Manufacturers--for each place of 5154
business................................................ $ 2,000.00 5155
(d) Small craft brewery--for each place of 5156
business................................................ $ 2,000.00 5157
(3) Upon each person operating an airline, bus, boat or 5158
railroad car upon which light * * * intoxicating beverages may be 5159
sold, there is hereby imposed, levied and assessed, to be 5160
collected and paid, annual privilege taxes of * * * One Hundred 5161
Fifty Dollars ($150.00) for each airplane, bus, boat or railroad 5162
car so operated in this state. 5163
* * * (4) The amount of the privilege tax to be paid for a 5164
permit issued for a period of less than twelve (12) months shall 5165
be that proportionate amount of the annual privilege tax that the 5166
number of months, or part of a month, remaining until its 5167
expiration date bears to twelve (12) months, but in no case shall 5168
the privilege tax be less than * * * Fifty Dollars ($50.00). 5169
SECTION 68. Section 27-71-307, Mississippi Code of 1972, is 5170
amended as follows: 5171
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beverages.
27-71-307. (1) (a) In addition to the specific tax imposed 5172
in Section 27-71-303, there is hereby imposed, levied, assessed 5173
and shall be collected, as hereinafter provided, an excise or 5174
privilege tax upon each person engaged or continuing in the 5175
business of wholesaler or distributor of light * * * intoxicating 5176
beverages equivalent to Forty-two and Sixty-eight One-hundredths 5177
Cents (42.68¢) per gallon upon all light * * * intoxicating 5178
beverages acquired for sale or distribution in this state. The 5179
excise or privilege tax is also imposed at the same rate upon each 5180
gallon of light wine, light spirit product or beer manufactured by 5181
brewpubs, each of which shall accurately and reliably measure the 5182
quantity of light wine, light spirit product or beer produced by 5183
using a measuring device such as a meter or gauge glass or any 5184
other suitable method approved by the commissioner. The excise or 5185
privilege tax is also imposed at the same rate upon each gallon of 5186
light * * * intoxicating beverage provided by a small craft 5187
brewery or microbrewery for sale as authorized under Section 5188
67-3-48 and upon each gallon of * * * beer provided for tasting or 5189
sampling under Section 67-3-47. The tax is hereby imposed as an 5190
additional tax for the privilege of engaging or continuing in 5191
business. 5192
(b) The excise tax imposed in this section shall be 5193
paid to the department * * * monthly on or before the fifteenth 5194
day of the month following the month in which the * * * light 5195
intoxicating beverage was manufactured or received in this state. 5196
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beverages.
Monthly report forms shall be furnished by the commissioner to the 5197
wholesalers, distributors, brewpubs, microbreweries and small 5198
craft breweries. 5199
(c) Provided that persons operating a railroad dining 5200
car, club car or other car in interstate commerce upon which 5201
light * * * intoxicating beverages may be sold and who are 5202
licensed under the provisions of Section 67-3-27 and any other law 5203
relating to the sale of such beverages shall keep such records of 5204
the sales of such light * * * intoxicating beverages in this state 5205
as the commissioner shall prescribe and shall submit monthly 5206
reports of such sales to the commissioner within fifteen (15) days 5207
after the end of each month on a form prescribed therefor by the 5208
commissioner, and shall pay the tax due under the provisions of 5209
this section at the time such reports are filed. 5210
No official crowns, lids, labels or stamps with the word 5211
"MISSISSIPPI" or "MS" imprinted thereon or any other evidence of 5212
tax payment is required by this section, or may be required under 5213
rule or regulation promulgated by the commissioner, to be affixed 5214
on or to any part of a * * * light intoxicating beverage or malt 5215
cooler bottle, can or other light * * * intoxicating beverage or 5216
malt cooler container. For purposes of this section, malt cooler 5217
products shall be defined as a flavored malt beverage made from a 5218
base of malt beverage and flavored with fruit juices, aromatics 5219
and essences of other flavoring in quantities and proportions such 5220
that the resulting product possesses a character and flavor 5221
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beverages.
distinctive from the base malt beverage and distinguishable from 5222
other malt beverages. 5223
(2) A licensed wholesaler or distributor of * * * light 5224
intoxicating beverages may not import * * * light intoxicating 5225
beverages from any source other than a brewer or importer 5226
authorized by the commissioner to sell such * * * light 5227
intoxicating beverages in Mississippi. Any person who violates 5228
the provisions of this subsection, upon conviction thereof, shall 5229
be punished by a fine of not more than One Thousand Dollars 5230
($1,000.00) or by imprisonment in the county jail for not more 5231
than six (6) months, or by both such fine and imprisonment, in the 5232
discretion of the court and shall be subject to license forfeiture 5233
following an appropriate hearing before the Department of Revenue. 5234
(3) The wholesaler, distributor, microbrewery or small craft 5235
brewery shall be allowed credit for tax paid on * * * any light 5236
intoxicating beverage which is no longer marketable and which is 5237
destroyed by same when such destruction is witnessed by an agent 5238
of the commissioner and when the amount of the excise tax exceeds 5239
One Hundred Dollars ($100.00). No other loss will be allowed. 5240
A brewpub shall be allowed credit for any light wine, light 5241
spirit product or beer which has passed through the meter, gauge 5242
glass or other approved measuring device and which has been soured 5243
or damaged. The brewpub shall record the removal of sour or 5244
damaged light wine, light spirit product or beer and may take 5245
credit after the destruction is witnessed by an agent of the 5246
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beverages.
commissioner and when the amount of excise tax exceeds Twenty-five 5247
Dollars ($25.00). No other loss shall be allowed. 5248
(4) All manufacturers, brewers and importers of * * * 5249
intoxicating beverages shall file monthly reports as prescribed by 5250
the commissioner listing sales to each wholesaler or distributor 5251
by date, invoice number, quantity and container size, and any 5252
other information deemed necessary. 5253
(5) All small craft breweries and microbreweries shall file 5254
monthly reports as prescribed by the commissioner regarding the 5255
sale of light * * * intoxicating beverages authorized under 5256
Section 67-3-48. 5257
(6) Manufacturers who offer and provide limited amounts of 5258
beer for tasting or sampling under Section 67-3-47 shall file 5259
monthly reports as prescribed by the commissioner regarding the 5260
beer provided for such tasting or sampling. 5261
(7) All administrative provisions of the Mississippi Sales 5262
Tax Law, including those which fix damages, penalties and interest 5263
for nonpayment of taxes and for noncompliance with the provisions 5264
of such chapter, and all other requirements and duties imposed 5265
upon taxpayers, shall apply to all persons liable for taxes under 5266
the provisions of this chapter, and the commissioner shall 5267
exercise all the power and authority and perform all the duties 5268
with respect to taxpayers under this chapter as are provided in 5269
the sales tax law except where there is conflict, then the 5270
provisions of this chapter shall control. 5271
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of and legalize manufacture and sale of hemp
beverages.
SECTION 69. Section 27-71-311, Mississippi Code of 1972, is 5272
amended as follows: 5273
27-71-311. Before any person shall engage in the business of 5274
manufacturing light * * * intoxicating beverages, in the business 5275
of wholesaler or distributor of light * * * intoxicating 5276
beverages, or in the business of a brewpub, he or she shall be 5277
required to enter into a good and sufficient bond. The bond shall 5278
be made payable to the State of Mississippi, in a sum of not less 5279
than Five Thousand Dollars ($5,000.00) nor more than Two Hundred 5280
Thousand Dollars ($200,000.00), the amount to be determined by the 5281
department * * *. The bond of a wholesaler, distributor or 5282
brewpub shall not exceed the amount of excise tax estimated to be 5283
owed by such wholesaler, distributor or brewpub for any sixty-day 5284
period. If a manufacturer is operating a small craft brewery and 5285
is distributing light * * * intoxicating beverages for sale as 5286
authorized under Section 67-3-48, the manufacturer, in addition to 5287
any other required bond, shall enter into a bond not to exceed the 5288
amount of excise tax estimated to be owed by such manufacturer for 5289
any sixty-day period. The bond shall be conditioned that he or 5290
she will conduct his or her business strictly in accordance with 5291
the laws of the State of Mississippi, and that he or she will 5292
comply with the rules and regulations prescribed by the 5293
commissioner, and pay the taxes imposed under the provisions of 5294
this article for the privilege of engaging or continuing in such 5295
business. Such bond shall be made in a surety company authorized 5296
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beverages.
to do business in the State of Mississippi, and shall be approved 5297
by the commissioner. The commissioner shall be authorized to 5298
institute suit in the proper court on said bond for any violation 5299
of the conditions of said bond. 5300
SECTION 70. Section 27-71-315, Mississippi Code of 1972, is 5301
amended as follows: 5302
27-71-315. Except as otherwise provided in Section 67-9-1 5303
for the transportation of limited amounts of alcoholic beverages 5304
for the use of an alcohol processing permittee, it shall be 5305
unlawful for any person to transport from any point outside of 5306
this state to any point within this state, any light * * * 5307
intoxicating beverage except for delivery to a licensed wholesaler 5308
or distributor in this state; and except by common carrier. The 5309
commissioner may, however, upon application of a licensed 5310
wholesaler or distributor in this state, and under rules and 5311
regulations duly promulgated by him or her, issue a permit for the 5312
transportation by a licensed wholesaler or distributor of 5313
light * * * intoxicating beverages in trucks owned by such 5314
licensee, from without the state to the place of business of such 5315
licensee within the state, for distribution by said licensee. 5316
Such permit shall be granted for a specified period, not to exceed 5317
one (1) year. 5318
Any person engaged in transporting any light * * * 5319
intoxicating beverage from any point outside of this state to any 5320
point within this state, shall have in his or her possession 5321
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beverages.
during the entire time he or she is engaged in transporting such 5322
light * * * intoxicating beverage, an invoice, bill of sale, or 5323
bill of lading, showing the true name and address of the 5324
consignor, and also the true name and address of the licensed 5325
wholesaler or distributor to whom such light * * * intoxicating 5326
beverage is to be delivered, and the quantity of such light * * * 5327
intoxicating beverage, unless such common carrier maintains a 5328
permanent office within this state where complete records of all 5329
light * * * intoxicating beverages transported from without this 5330
state to points within this state are kept, and open to inspection 5331
by the commissioner or his or her duly authorized agent, at all 5332
reasonable times. 5333
It is hereby made the duty of all common carriers, and 5334
licensed wholesalers and distributors, transporting light * * * 5335
intoxicating beverages from without the State of Mississippi into 5336
the State of Mississippi, to furnish the commissioner on or before 5337
the fifteenth day of each month, a report showing the amount of 5338
beer transported within the state during the preceding month, the 5339
consignor, the consignee, and the quantity of light * * * 5340
intoxicating beverages so transported. 5341
SECTION 71. Section 27-71-317, Mississippi Code of 1972, is 5342
amended as follows: 5343
27-71-317. It shall be unlawful for any person to transport 5344
from any point within this state to another point within this 5345
state, any light * * * intoxicating beverage on which the tax 5346
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beverages.
imposed in Section 27-71-307 of this article has not been paid, 5347
except for immediate delivery to a licensed wholesaler or 5348
distributor in this state. And any person engaged in transporting 5349
any light * * * intoxicating beverage on which the tax imposed in 5350
Section 27-71-307 of this article has not been paid, from any 5351
point within this state to another point within this state shall 5352
have in his possession during the entire time he is engaged in 5353
transporting such light * * * intoxicating beverage an invoice, 5354
bill of sale, or bill of lading showing the true name and address 5355
of the consignor, and also the true name and address of the 5356
licensed wholesaler or distributor to whom such light * * * 5357
intoxicating beverage is to be delivered and the quantity of such 5358
light * * * intoxicating beverage. 5359
SECTION 72. Section 27-71-325, Mississippi Code of 1972, is 5360
amended as follows: 5361
27-71-325. It shall be the duty of every wholesaler or 5362
distributor of light * * * intoxicating beverages licensed under 5363
the provisions of Section 67-3-27, * * * to file with the 5364
commissioner, on or before the fifteenth day of each month, a 5365
report covering all sales of such light * * * intoxicating 5366
beverages during the preceding month. Such report shall show the 5367
names and post-office addresses of all persons to whom such 5368
light * * * intoxicating beverages have been sold or delivered and 5369
the quantities and invoice prices of the light * * * intoxicating 5370
beverages thus sold or delivered. 5371
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of and legalize manufacture and sale of hemp
beverages.
It shall be the duty of each retail dealer in such 5372
light * * * intoxicating beverages to procure from the distributor 5373
or wholesaler from whom such light * * * intoxicating beverages 5374
were purchased or acquired, invoices showing the quantity of the 5375
light * * * intoxicating beverages purchased or acquired, and the 5376
date of each delivery thereof. Such invoices shall be preserved 5377
by the retailer and shall be open for inspection by the 5378
commissioner or his or her duly authorized agent for a period of 5379
two (2) years. It shall likewise be the duty of such retail 5380
dealer to file with the commissioner, on or before the fifteenth 5381
day of each calendar month, a report showing all purchases of such 5382
light * * * intoxicating beverages made by him or her during the 5383
preceding month. Such report shall disclose the names and 5384
addresses of all persons from whom such light * * * intoxicating 5385
beverages have been purchased or received by him or her during the 5386
preceding month and the quantities thus purchased or received. 5387
SECTION 73. Section 27-71-327, Mississippi Code of 1972, is 5388
amended as follows: 5389
27-71-327. Any person engaged in the business of 5390
manufacturer, distributor, wholesaler or retailer of light * * * 5391
intoxicating beverages and any brewpub shall keep such additional 5392
records and make such additional reports with respect to the 5393
manufacture, receipt, distribution and sale of such light * * * 5394
intoxicating beverages as the commissioner may require. It shall 5395
be the duty of the commissioner to prescribe and promulgate 5396
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of and legalize manufacture and sale of hemp
beverages.
uniform rules and regulations for keeping such records and making 5397
such reports. 5398
SECTION 74. Section 27-71-333, Mississippi Code of 1972, is 5399
amended as follows: 5400
27-71-333. Whenever it shall be determined by the 5401
commissioner that any wholesaler or distributor having in his or 5402
her possession, or engaging in the sale or distribution of 5403
light * * * intoxicating beverages, has failed to pay the tax, as 5404
provided herein, the commissioner shall compute the correct amount 5405
of tax due and unpaid and shall notify the taxpayer of the amount 5406
as being actually due and unpaid, and penalties, and interest and 5407
shall state in what manner this article is violated. The taxpayer 5408
so notified shall be given a period of ten (10) days in which to 5409
make objection and show cause why the additional tax, and 5410
penalties, and interest, should not be paid. On petition of the 5411
taxpayer, a hearing before the commissioner shall be granted, a 5412
final decision thereon shall be rendered, and the taxpayer 5413
notified as early as practicable. Any tax or deficiency in tax 5414
shall be assessed and paid, together with penalties and interest, 5415
if any, applicable thereto, within ten (10) days after notice and 5416
demand by the commissioner. 5417
If no objection be made to the finding of the commissioner, 5418
and no hearing be had before the commissioner within the time 5419
herein specified, the findings of the commissioner shall be final. 5420
If a hearing be had, and the amount of tax due and unpaid be 5421
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beverages.
determined, notice of the amount of such tax, penalties and 5422
interest shall be mailed to the taxpayer, and, if not paid within 5423
ten (10) days thereafter, the commissioner shall forthwith issue a 5424
warrant under official seal directed to the sheriff of any county 5425
of the state commanding him or her to levy upon and sell the real 5426
and personal property of the person owing the tax, found within 5427
his or her county, for the payment of the amount thereof, with 5428
added damages, interest and cost of executing the warrant, and to 5429
return such warrant to the commissioner and pay to him or her 5430
money collected by virtue thereof by a time to be therein 5431
specified not more than sixty (60) days from the date of the 5432
warrant. The sheriff shall, within five (5) days after the 5433
receipt of the warrant, file with the circuit clerk of his or her 5434
county a copy thereof, and thereupon the circuit clerk shall enter 5435
in the judgment roll, in the column for judgment debtors, the name 5436
of the taxpayer mentioned in the warrant, and in appropriate 5437
columns, the amount of the tax, or portion thereof and damages for 5438
which the warrant is issued, and the date when such copy is filed; 5439
and thereupon the amount of such warrant or warrants so docketed 5440
shall become a lien upon the title to and interest in the real and 5441
personal property, including choses in action, of the person 5442
against whom it is issued in the same manner as a judgment duly 5443
enrolled in the office of such clerk. The sheriff thereupon shall 5444
proceed upon the same in all respects, with like effect, and in 5445
the same manner prescribed by law in respect to executions issued 5446
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beverages.
against property upon judgment or attachment proceedings of a 5447
court of record; and he or she shall be entitled to the same fee 5448
for his or her service in executing the warrant as now allowed by 5449
law for like service, to be collected in the same manner as 5450
provided by law for like service. 5451
SECTION 75. Section 27-71-335, Mississippi Code of 1972, is 5452
amended as follows: 5453
27-71-335. Any light * * * intoxicating beverage found at 5454
any point within this state which has been in the possession of 5455
any wholesaler or distributor for a period of more than 5456
forty-eight (48) hours and any light * * * intoxicating beverage 5457
transported into this state from a point outside this state, or 5458
from point-to-point within this state in violation of the 5459
provisions of this article, or any light * * * intoxicating 5460
beverage held or possessed by any person within this state on 5461
which the legal and proper tax has not been paid when due, whether 5462
such person be a wholesaler, retailer or distributor, or 5463
individual, and whether the light * * * intoxicating beverages be 5464
for sale or storage or individual use, except light * * * 5465
intoxicating beverages in possession of a licensed wholesaler or 5466
distributor for a period of time less than forty-eight (48) hours 5467
after receipt of the light * * * intoxicating beverages within 5468
this state, and light * * * intoxicating beverages held in storage 5469
by licensed manufacturers or producers, are hereby declared to be 5470
contraband goods, and there is hereby imposed and assessed, as tax 5471
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beverages.
and penalty, to be collected by the commissioner, an amount equal 5472
to the amount of the excise tax otherwise imposed under the 5473
Mississippi Wine and Beer Tax Law, plus a penalty of one hundred 5474
percent (100%) of the amount of the tax; or, at the option of the 5475
commissioner, the light * * * intoxicating beverages may be seized 5476
by the commissioner or his or her agents or any sheriff, or other 5477
lawful officer, and shall be dealt with in the same manner as 5478
provided for in Section 67-1-18 for alcoholic beverages. 5479
SECTION 76. Section 27-71-345, Mississippi Code of 1972, is 5480
amended as follows: 5481
27-71-345. Any municipality, in which any business licensed 5482
under * * * Section 67-3-27 * * * may be carried on, shall have 5483
the right to impose upon persons engaged in such business an 5484
annual privilege tax of not more than fifty percent (50%) of the 5485
tax imposed by Section 27-71-303 of this article, and any county, 5486
in which any business licensed under * * * Section 67-3-27 * * * 5487
may be carried on outside of the territory taxed by 5488
municipalities, shall have the right to impose upon persons 5489
engaged in such business an annual privilege tax of not more than 5490
fifty percent (50%) of the tax imposed by Section 27-71-303 of 5491
this article; provided, however, that no person engaged in the 5492
business of manufacturer, brewpub, wholesaler or distributor of 5493
light * * * intoxicating beverages shall be taxed by any 5494
municipality other than that in which the warehouse or plant of 5495
such wholesaler or distributor, or the premises of such brewpub, 5496
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ST: MS Hemp Cultivation Act; revise provisions
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beverages.
is located, nor shall any county impose any such tax upon such 5497
manufacturer, brewpub, wholesaler or distributor of light * * * 5498
intoxicating beverages if the place of business is located within 5499
the jurisdiction of any municipality. 5500
SECTION 77. Section 27-71-349, Mississippi Code of 1972, is 5501
amended as follows: 5502
27-71-349. (1) Every manufacturer or importer of 5503
light * * * intoxicating beverages shall designate sales 5504
territories for each of its brands sold in Mississippi and shall 5505
name one (1) licensed light * * * intoxicating beverage wholesaler 5506
in each territory who, within such territory, shall be the 5507
licensed wholesaler for the brand or brands assigned by the 5508
manufacturer or importer. If the manufacturer or importer 5509
supplies more than one (1) brand, sales territories may be granted 5510
to a different wholesaler for the sale of each brand. No licensed 5511
wholesaler shall distribute the specified brand or brands of 5512
light * * * intoxicating beverages outside his assigned territory, 5513
nor shall he or she knowingly sell to a retailer whose licensed 5514
retail establishment is located outside his or her assigned 5515
territory. 5516
(2) A licensed wholesaler designated as the licensed 5517
wholesaler for light * * * intoxicating beverages within a 5518
designated sales territory shall present that light * * * 5519
intoxicating beverage for sale to all licensed retailers within 5520
the designated sales territory without discrimination in service. 5521
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beverages.
A licensed wholesaler shall not sell, supply or deliver, either 5522
directly or indirectly through a third party, any light * * * 5523
intoxicating beverage to a licensed retailer outside of the 5524
designated sales territory of the designated wholesaler, nor to 5525
any person the licensed wholesaler has reason to believe will sell 5526
or supply any quantity of the light * * * intoxicating beverage to 5527
any retail location outside of the designated sales territory of 5528
the licensed wholesaler. 5529
(3) All light * * * intoxicating beverages shall be 5530
transported only by a marked conveyance owned or leased by the 5531
licensed wholesaler and operated by the licensed wholesaler or an 5532
employee of the wholesaler for the products of a manufacturer or 5533
importer within the designated sales territory to the address and 5534
location of a licensed retail dealer within that designated sales 5535
territory. 5536
(4) Any light * * * intoxicating beverage sold by the 5537
licensed wholesaler shall not be delivered to, received by or 5538
stored at any place other than the address and location of the 5539
licensed retailer for which the required licenses and permits have 5540
been issued. 5541
(5) With the approval of the designated manufacturer, a 5542
licensed wholesaler may sell the designated brands to a licensed 5543
retailer located in a designated sales territory of another 5544
licensed wholesaler if the former licensed wholesaler is unable 5545
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beverages.
temporarily for any reason to provide the designated brands of the 5546
designated manufacturer within its designated sales territory. 5547
(6) All light * * * intoxicating beverages purchased by a 5548
licensed wholesaler for resale in this state shall come into the 5549
physical possession of the licensed wholesaler and be unloaded in 5550
and distributed from the warehouse of the licensed wholesaler 5551
located in this state before being resold in this state. 5552
(7) As used in this section, the term "sales territory" 5553
shall have the meaning ascribed to such term in Section 67-7-5. 5554
SECTION 78. Section 27-71-509, Mississippi Code of 1972, is 5555
amended as follows: 5556
27-71-509. It shall be unlawful for any brewer, 5557
manufacturer, wholesaler, distributor or retailer of light * * * 5558
intoxicating beverages to whom a permit has been issued 5559
under * * * Sections 67-3-15 and 67-3-23 * * * to write or print 5560
on any label or container of either of the above-named commodities 5561
any matter relating to the alcoholic or THC content of such 5562
beverage or beverages, except a statement * * * to the effect that 5563
the contents of the vessel or container in which light wine shall 5564
be sold does not contain alcohol in excess of five percent (5%) of 5565
the contents thereof, by weight, that the contents of the vessel 5566
or container in which light spirit product shall be sold does not 5567
contain alcohol in excess of six percent (6%) of the contents 5568
thereof, by weight, * * * that the contents of the vessel or 5569
container in which beer shall be sold does not contain alcohol in 5570
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beverages.
excess of eight percent (8%) of the contents thereof, by weight, 5571
and that the contents of the vessel or container in which hemp 5572
beverage shall be sold does not contain THC in excess of 5573
three-tenths percent (0.3%) of the contents thereof. It shall be 5574
unlawful for any such brewer, manufacturer, wholesaler, 5575
distributor or retailer to sell any such commodity with any 5576
statement in conflict with the provisions of this section, with 5577
reference to the alcoholic content of such beverage or beverages, 5578
except that a statement of alcoholic content may be expressed on 5579
any light wine, light spirit product or beer label in terms of 5580
volume or weight, at the manufacturer's option; and such 5581
statement, if by volume, shall be subject to the same permitted 5582
tolerance allowed for wine containing fourteen percent (14%) 5583
alcohol by volume or less by Section 4.36(b)(1) of the Federal 5584
Labeling Requirements for Wine, 27 CFR Part 4, subpart D, and 5585
Section 7.71(c) 27 CFR Part 7, subpart G, and, if by weight, shall 5586
be subject to an equivalent permitted tolerance, determined in 5587
terms of alcohol by weight. 5588
The terms "light intoxicating beverage," "light wine," "light 5589
spirit product," "beer" and "hemp beverage" have the meanings 5590
ascribed in Section 67-3-3. 5591
SECTION 79. Section 45-9-101, Mississippi Code of 1972, is 5592
amended as follows: 5593
45-9-101. (1) (a) Except as otherwise provided, the 5594
Department of Public Safety is authorized to issue licenses to 5595
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ST: MS Hemp Cultivation Act; revise provisions
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beverages.
carry stun guns, concealed pistols or revolvers to persons 5596
qualified as provided in this section. Such licenses shall be 5597
valid throughout the state for a period of five (5) years from the 5598
date of issuance, except as provided in subsection (25) of this 5599
section. Any person possessing a valid license issued pursuant to 5600
this section may carry a stun gun, concealed pistol or concealed 5601
revolver. 5602
(b) The licensee must carry the license, together with 5603
valid identification, at all times in which the licensee is 5604
carrying a stun gun, concealed pistol or revolver and must display 5605
both the license and proper identification upon demand by a law 5606
enforcement officer. A violation of the provisions of this 5607
paragraph (b) shall constitute a noncriminal violation with a 5608
penalty of Twenty-five Dollars ($25.00) and shall be enforceable 5609
by summons. 5610
(2) The Department of Public Safety shall issue a license if 5611
the applicant: 5612
(a) Is a resident of the state. However, this 5613
residency requirement may be waived if the applicant possesses a 5614
valid permit from another state, is a member of any active or 5615
reserve component branch of the United States of America Armed 5616
Forces stationed in Mississippi, is the spouse of a member of any 5617
active or reserve component branch of the United States of America 5618
Armed Forces stationed in Mississippi, or is a retired law 5619
enforcement officer establishing residency in the state; 5620
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beverages.
(b) (i) Is twenty-one (21) years of age or older; or 5621
(ii) Is at least eighteen (18) years of age but 5622
not yet twenty-one (21) years of age and the applicant: 5623
1. Is a member or veteran of the United 5624
States Armed Forces, including National Guard or Reserve; and 5625
2. Holds a valid Mississippi driver's license 5626
or identification card issued by the Department of Public Safety 5627
or a valid and current tribal identification card issued by a 5628
federally recognized Indian tribe containing a photograph of the 5629
holder; 5630
(c) Does not suffer from a physical infirmity which 5631
prevents the safe handling of a stun gun, pistol or revolver; 5632
(d) Is not ineligible to possess a firearm by virtue of 5633
having been convicted of a felony in a court of this state, of any 5634
other state, or of the United States without having been pardoned 5635
or without having been expunged for same; 5636
(e) Does not chronically or habitually abuse controlled 5637
substances to the extent that his or her normal faculties are 5638
impaired. It shall be presumed that an applicant chronically and 5639
habitually uses controlled substances to the extent that his or 5640
her faculties are impaired if the applicant has been voluntarily 5641
or involuntarily committed to a treatment facility for the abuse 5642
of a controlled substance or been found guilty of a crime under 5643
the provisions of the Uniform Controlled Substances Law or similar 5644
laws of any other state or the United States relating to 5645
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ST: MS Hemp Cultivation Act; revise provisions
of and legalize manufacture and sale of hemp
beverages.
controlled substances within a three-year period immediately 5646
preceding the date on which the application is submitted; 5647
(f) Does not chronically and habitually use alcoholic 5648
beverages to the extent that his normal faculties are impaired. 5649
It shall be presumed that an applicant chronically and habitually 5650
uses alcoholic beverages to the extent that his normal faculties 5651
are impaired if the applicant has been voluntarily or 5652
involuntarily committed as an alcoholic to a treatment facility or 5653
has been convicted of two (2) or more offenses related to the use 5654
of alcohol under the laws of this state or similar laws of any 5655
other state or the United States within the three-year period 5656
immediately preceding the date on which the application is 5657
submitted; 5658
(g) Desires a legal means to carry a stun gun, 5659
concealed pistol or revolver to defend himself or herself; 5660
(h) Has not been adjudicated mentally incompetent, or 5661
has waited five (5) years from the date of his or her restoration 5662
to capacity by court order; 5663
(i) Has not been voluntarily or involuntarily committed 5664
to a mental institution or mental health treatment facility unless 5665
he or she possesses a certificate from a psychiatrist licensed in 5666
this state that he or she has not suffered from disability for a 5667
period of five (5) years; 5668
(j) Has not had adjudication of guilt withheld or 5669
imposition of sentence suspended on any felony unless three (3) 5670
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ST: MS Hemp Cultivation Act; revise provisions
of and legalize manufacture and sale of hemp
beverages.
years have elapsed since probation or any other conditions set by 5671
the court have been fulfilled; 5672
(k) Is not a fugitive from justice; and 5673
(l) Is not disqualified to possess a weapon based on 5674
federal law. 5675
(3) The Department of Public Safety may deny a license if 5676
the applicant has been found guilty of one or more crimes of 5677
violence constituting a misdemeanor unless three (3) years have 5678
elapsed since probation or any other conditions set by the court 5679
have been fulfilled or expunction has occurred prior to the date 5680
on which the application is submitted, or may revoke a license if 5681
the licensee has been found guilty of one or more crimes of 5682
violence within the preceding three (3) years. The department 5683
shall, upon notification by a law enforcement agency or a court 5684
and subsequent written verification, suspend a license or the 5685
processing of an application for a license if the licensee or 5686
applicant is arrested or formally charged with a crime which would 5687
disqualify such person from having a license under this section, 5688
until final disposition of the case. The provisions of subsection 5689
(7) of this section shall apply to any suspension or revocation of 5690
a license pursuant to the provisions of this section. 5691
(4) The application shall be completed, under oath, on a 5692
form promulgated by the Department of Public Safety and shall 5693
include only: 5694
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ST: MS Hemp Cultivation Act; revise provisions
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beverages.
(a) The name, address, place and date of birth, race, 5695
sex and occupation of the applicant; 5696
(b) The driver's license number or social security 5697
number of applicant; 5698
(c) Any previous address of the applicant for the two 5699
(2) years preceding the date of the application; 5700
(d) A statement that the applicant is in compliance 5701
with criteria contained within subsections (2) and (3) of this 5702
section; 5703
(e) A statement that the applicant has been furnished a 5704
copy of this section and is knowledgeable of its provisions; 5705
(f) A conspicuous warning that the application is 5706
executed under oath and that a knowingly false answer to any 5707
question, or the knowing submission of any false document by the 5708
applicant, subjects the applicant to criminal prosecution; and 5709
(g) A statement that the applicant desires a legal 5710
means to carry a stun gun, concealed pistol or revolver to defend 5711
himself. 5712
(5) The applicant shall submit only the following to the 5713
Department of Public Safety: 5714
(a) A completed application as described in subsection 5715
(4) of this section; 5716
(b) A full-face photograph of the applicant taken 5717
within the preceding thirty (30) days in which the head, including 5718
hair, in a size as determined by the Department of Public Safety, 5719
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ST: MS Hemp Cultivation Act; revise provisions
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beverages.
except that an applicant who is younger than twenty-one (21) years 5720
of age must submit a photograph in profile of the applicant; 5721
(c) A nonrefundable license fee of Eighty Dollars 5722
($80.00). Costs for processing the set of fingerprints as 5723
required in paragraph (d) of this subsection shall be borne by the 5724
applicant. Honorably retired law enforcement officers, disabled 5725
veterans and active duty members of the Armed Forces of the United 5726
States, and law enforcement officers employed with a law 5727
enforcement agency of a municipality, county or state at the time 5728
of application for the license, shall be exempt from the payment 5729
of the license fee; 5730
(d) A full set of fingerprints of the applicant 5731
administered by the Department of Public Safety; and 5732
(e) A waiver authorizing the Department of Public 5733
Safety access to any records concerning commitments of the 5734
applicant to any of the treatment facilities or institutions 5735
referred to in subsection (2) of this section and permitting 5736
access to all the applicant's criminal records. 5737
(6) (a) The Department of Public Safety, upon receipt of 5738
the items listed in subsection (5) of this section, shall forward 5739
the full set of fingerprints of the applicant to the appropriate 5740
agencies for state and federal processing. 5741
(b) The Department of Public Safety shall forward a 5742
copy of the applicant's application to the sheriff of the 5743
applicant's county of residence and, if applicable, the police 5744
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beverages.
chief of the applicant's municipality of residence. The sheriff 5745
of the applicant's county of residence, and, if applicable, the 5746
police chief of the applicant's municipality of residence may, at 5747
his or her discretion, participate in the process by submitting a 5748
voluntary report to the Department of Public Safety containing any 5749
readily discoverable prior information that he or she feels may be 5750
pertinent to the licensing of any applicant. The reporting shall 5751
be made within thirty (30) days after the date he or she receives 5752
the copy of the application. Upon receipt of a response from a 5753
sheriff or police chief, such sheriff or police chief shall be 5754
reimbursed at a rate set by the department. 5755
(c) The Department of Public Safety shall, within 5756
forty-five (45) days after the date of receipt of the items listed 5757
in subsection (5) of this section: 5758
(i) Issue the license; 5759
(ii) Deny the application based solely on the 5760
ground that the applicant fails to qualify under the criteria 5761
listed in subsections (2) and (3) of this section. If the 5762
Department of Public Safety denies the application, it shall 5763
notify the applicant in writing, stating the ground for denial, 5764
and the denial shall be subject to the appeal process set forth in 5765
subsection (7); or 5766
(iii) Notify the applicant that the department is 5767
unable to make a determination regarding the issuance or denial of 5768
a license within the forty-five-day period prescribed by this 5769
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beverages.
subsection, and provide an estimate of the amount of time the 5770
department will need to make the determination. 5771
(d) In the event a legible set of fingerprints, as 5772
determined by the Department of Public Safety and the Federal 5773
Bureau of Investigation, cannot be obtained after a minimum of two 5774
(2) attempts, the Department of Public Safety shall determine 5775
eligibility based upon a name check by the Mississippi Highway 5776
Safety Patrol and a Federal Bureau of Investigation name check 5777
conducted by the Mississippi Highway Safety Patrol at the request 5778
of the Department of Public Safety. 5779
(7) (a) If the Department of Public Safety denies the 5780
issuance of a license, or suspends or revokes a license, the party 5781
aggrieved may appeal such denial, suspension or revocation to the 5782
Commissioner of Public Safety, or his or her authorized agent, 5783
within thirty (30) days after the aggrieved party receives written 5784
notice of such denial, suspension or revocation. The Commissioner 5785
of Public Safety, or his or her duly authorized agent, shall rule 5786
upon such appeal within thirty (30) days after the appeal is filed 5787
and failure to rule within this thirty-day period shall constitute 5788
sustaining such denial, suspension or revocation. Such review 5789
shall be conducted pursuant to such reasonable rules and 5790
regulations as the Commissioner of Public Safety may adopt. 5791
(b) If the revocation, suspension or denial of issuance 5792
is sustained by the Commissioner of Public Safety, or his or her 5793
duly authorized agent pursuant to paragraph (a) of this 5794
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beverages.
subsection, the aggrieved party may file within ten (10) days 5795
after the rendition of such decision a petition in the circuit or 5796
county court of his residence for review of such decision. A 5797
hearing for review shall be held and shall proceed before the 5798
court without a jury upon the record made at the hearing before 5799
the Commissioner of Public Safety or his or her duly authorized 5800
agent. No such party shall be allowed to carry a stun gun, 5801
concealed pistol or revolver pursuant to the provisions of this 5802
section while any such appeal is pending. 5803
(8) The Department of Public Safety shall maintain an 5804
automated listing of license holders and such information shall be 5805
available online, upon request, at all times, to all law 5806
enforcement agencies through the Mississippi Crime Information 5807
Center. However, the records of the department relating to 5808
applications for licenses to carry stun guns, concealed pistols or 5809
revolvers and records relating to license holders shall be exempt 5810
from the provisions of the Mississippi Public Records Act of 1983, 5811
and shall be released only upon order of a court having proper 5812
jurisdiction over a petition for release of the record or records. 5813
(9) Within thirty (30) days after the changing of a 5814
permanent address, or within thirty (30) days after having a 5815
license lost or destroyed, the licensee shall notify the 5816
Department of Public Safety in writing of such change or loss. 5817
Failure to notify the Department of Public Safety pursuant to the 5818
provisions of this subsection shall constitute a noncriminal 5819
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beverages.
violation with a penalty of Twenty-five Dollars ($25.00) and shall 5820
be enforceable by a summons. 5821
(10) In the event that a stun gun, concealed pistol or 5822
revolver license is lost or destroyed, the person to whom the 5823
license was issued shall comply with the provisions of subsection 5824
(9) of this section and may obtain a duplicate, or substitute 5825
thereof, upon payment of Fifteen Dollars ($15.00) to the 5826
Department of Public Safety, and furnishing a notarized statement 5827
to the department that such license has been lost or destroyed. 5828
(11) A license issued under this section shall be revoked if 5829
the licensee becomes ineligible under the criteria set forth in 5830
subsection (2) of this section. 5831
(12) (a) Except as provided in subsection (25) of this 5832
section, no less than ninety (90) days prior to the expiration 5833
date of the license, the Department of Public Safety shall send to 5834
each licensee a written notice of the expiration and a renewal 5835
form prescribed by the department. The licensee must renew his or 5836
her license on or before the expiration date by filing with the 5837
department the renewal form, a notarized affidavit stating that 5838
the licensee remains qualified pursuant to the criteria specified 5839
in subsections (2) and (3) of this section if necessary, and a 5840
full set of fingerprints administered by the Department of Public 5841
Safety or the sheriff of the county of residence of the licensee. 5842
The first renewal may be processed by mail "or other means as 5843
determined by the Department" and the subsequent renewal must be 5844
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ST: MS Hemp Cultivation Act; revise provisions
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beverages.
made in person. Thereafter every other renewal may be processed 5845
by mail to assure that the applicant must appear in person every 5846
ten (10) years for the purpose of obtaining a new photograph. 5847
(i) Except as provided in this subsection, a 5848
renewal fee of Forty Dollars ($40.00) shall also be submitted 5849
along with costs for processing the fingerprints; 5850
(ii) Honorably retired law enforcement officers, 5851
disabled veterans, active duty members of the Armed Forces of the 5852
United States and law enforcement officers employed with a law 5853
enforcement agency of a municipality, county or state at the time 5854
of renewal, shall be exempt from the renewal fee; and 5855
(iii) The renewal fee for a Mississippi resident 5856
aged sixty-five (65) years of age or older shall be Twenty Dollars 5857
($20.00). 5858
(b) The Department of Public Safety shall forward the 5859
full set of fingerprints of the applicant to the appropriate 5860
agencies for state and federal processing. The license shall be 5861
renewed upon receipt of the completed renewal application and 5862
appropriate payment of fees. 5863
(c) A licensee who fails to file a renewal application 5864
on or before its expiration date must renew his or her license by 5865
paying a late fee of Fifteen Dollars ($15.00). No license shall 5866
be renewed six (6) months or more after its expiration date, and 5867
such license shall be deemed to be permanently expired. A person 5868
whose license has been permanently expired may reapply for 5869
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beverages.
licensure; however, an application for licensure and fees pursuant 5870
to subsection (5) of this section must be submitted, and a 5871
background investigation shall be conducted pursuant to the 5872
provisions of this section. 5873
(13) No license issued pursuant to this section shall 5874
authorize any person, except a law enforcement officer as defined 5875
in Section 45-6-3 with a distinct license authorized by the 5876
Department of Public Safety, to carry a stun gun, concealed pistol 5877
or revolver into any place of nuisance as defined in Section 5878
95-3-1, Mississippi Code of 1972; any police, sheriff or highway 5879
patrol station; any detention facility, prison or jail; any 5880
courthouse; any courtroom, except that nothing in this section 5881
shall preclude a judge from carrying a concealed weapon or 5882
determining who will carry a concealed weapon in his courtroom; 5883
any polling place; any meeting place of the governing body of any 5884
governmental entity; any meeting of the Legislature or a committee 5885
thereof; any school, college or professional athletic event not 5886
related to firearms; any portion of an establishment, licensed to 5887
dispense alcoholic beverages for consumption on the premises, that 5888
is primarily devoted to dispensing alcoholic beverages; any 5889
portion of an establishment in which * * * light intoxicating 5890
beverages, as defined in Section 67-3-3, are consumed on the 5891
premises, that is primarily devoted to such purpose; any 5892
elementary or secondary school facility; any junior college, 5893
community college, college or university facility unless for the 5894
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purpose of participating in any authorized firearms-related 5895
activity; inside the passenger terminal of any airport, except 5896
that no person shall be prohibited from carrying any legal firearm 5897
into the terminal if the firearm is encased for shipment, for 5898
purposes of checking such firearm as baggage to be lawfully 5899
transported on any aircraft; any church or other place of worship, 5900
except as provided in Section 45-9-171; or any place where the 5901
carrying of firearms is prohibited by federal law. In addition to 5902
the places enumerated in this subsection, the carrying of a stun 5903
gun, concealed pistol or revolver may be disallowed in any place 5904
in the discretion of the person or entity exercising control over 5905
the physical location of such place by the placing of a written 5906
notice clearly readable at a distance of not less than ten (10) 5907
feet that the "carrying of a pistol or revolver is prohibited." 5908
No license issued pursuant to this section shall authorize the 5909
participants in a parade or demonstration for which a permit is 5910
required to carry a stun gun, concealed pistol or revolver. 5911
(14) A law enforcement officer as defined in Section 45-6-3, 5912
chiefs of police, sheriffs and persons licensed as professional 5913
bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 5914
1972, shall be exempt from the licensing requirements of this 5915
section. 5916
(a) The Commissioner of Public Safety shall promulgate 5917
rules and regulations to provide licenses to law enforcement 5918
officers as defined in Section 45-6-3 who choose to obtain a 5919
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license under the provisions of this section, which shall include 5920
a distinction that the officer is an "active duty" law enforcement 5921
officer and an endorsement that such officer is authorized to 5922
carry in the locations listed in subsection (13). A law 5923
enforcement officer shall provide the following information to 5924
receive the license described in this subsection: (i) a letter, 5925
with the official letterhead of the agency or department for which 5926
the officer is employed at the time of application and (ii) a 5927
letter with the official letterhead of the agency or department, 5928
which explains that such officer has completed a certified law 5929
enforcement training academy. 5930
(b) The licensing requirements of this section do not 5931
apply to the carrying by any person of a stun gun, pistol or 5932
revolver, knife, or other deadly weapon that is not concealed as 5933
defined in Section 97-37-1. 5934
(15) Any person who knowingly submits a false answer to any 5935
question on an application for a license issued pursuant to this 5936
section, or who knowingly submits a false document when applying 5937
for a license issued pursuant to this section, shall, upon 5938
conviction, be guilty of a misdemeanor and shall be punished as 5939
provided in Section 99-19-31, Mississippi Code of 1972. 5940
(16) All fees collected by the Department of Public Safety 5941
pursuant to this section shall be deposited into a special fund 5942
hereby created in the State Treasury and shall be used for 5943
implementation and administration of this section. After the 5944
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close of each fiscal year, the balance in this fund shall be 5945
certified to the Legislature and then may be used by the 5946
Department of Public Safety as directed by the Legislature. 5947
(17) All funds received by a sheriff or police chief 5948
pursuant to the provisions of this section shall be deposited into 5949
the general fund of the county or municipality, as appropriate, 5950
and shall be budgeted to the sheriff's office or police department 5951
as appropriate. 5952
(18) Nothing in this section shall be construed to require 5953
or allow the registration, documentation or providing of serial 5954
numbers with regard to any stun gun or firearm. 5955
(19) Any person holding a valid unrevoked and unexpired 5956
license to carry stun guns, concealed pistols or revolvers issued 5957
in another state shall have such license recognized by this state 5958
to carry stun guns, concealed pistols or revolvers. The 5959
Department of Public Safety is authorized to enter into a 5960
reciprocal agreement with another state if that state requires a 5961
written agreement in order to recognize licenses to carry stun 5962
guns, concealed pistols or revolvers issued by this state. 5963
(20) The provisions of this section shall be under the 5964
supervision of the Commissioner of Public Safety. The 5965
commissioner is authorized to promulgate reasonable rules and 5966
regulations to carry out the provisions of this section. 5967
(21) For the purposes of this section, the term "stun gun" 5968
means a portable device or weapon from which an electric current, 5969
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impulse, wave or beam may be directed, which current, impulse, 5970
wave or beam is designed to incapacitate temporarily, injure, 5971
momentarily stun, knock out, cause mental disorientation or 5972
paralyze. 5973
(22) (a) From and after January 1, 2016, the Commissioner 5974
of Public Safety shall promulgate rules and regulations which 5975
provide that licenses authorized by this section for honorably 5976
retired law enforcement officers and honorably retired 5977
correctional officers from the Mississippi Department of 5978
Corrections shall (i) include the words "retired law enforcement 5979
officer" on the front of the license, and (ii) unless the licensee 5980
chooses to have this license combined with a driver's license or 5981
identification card under subsection (25) of this section, that 5982
the license itself have a red background to distinguish it from 5983
other licenses issued under this section. 5984
(b) An honorably retired law enforcement officer and 5985
honorably retired correctional officer shall provide the following 5986
information to receive the license described in this section: (i) 5987
a letter, with the official letterhead of the agency or department 5988
from which such officer is retiring, which explains that such 5989
officer is honorably retired, and (ii) a letter with the official 5990
letterhead of the agency or department, which explains that such 5991
officer has completed a certified law enforcement training 5992
academy. 5993
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(23) A disabled veteran who seeks to qualify for an 5994
exemption under this section shall be required to provide a 5995
veterans health services identification card issued by the United 5996
States Department of Veterans Affairs indicating a 5997
service-connected disability, which shall be sufficient proof of 5998
such service-connected disability. 5999
(24) A license under this section is not required for a 6000
loaded or unloaded pistol or revolver to be carried upon the 6001
person in a sheath, belt holster or shoulder holster or in a 6002
purse, handbag, satchel, other similar bag or briefcase or fully 6003
enclosed case if the person is not engaged in criminal activity 6004
other than a misdemeanor traffic offense, is not otherwise 6005
prohibited from possessing a pistol or revolver under state or 6006
federal law, and is not in a location prohibited under subsection 6007
(13) of this section. However, the medical use of medical 6008
cannabis by a cardholder who is a registered qualifying patient 6009
which is lawful under the provisions of the Mississippi Medical 6010
Cannabis Act and in compliance with rules and regulations adopted 6011
thereunder shall not disqualify a person under this subsection 6012
(24) solely because the person is prohibited from possessing a 6013
firearm under 18 USCS Section 922(g)(3) due to such medical use of 6014
medical cannabis. 6015
(25) An applicant for a license under this section shall 6016
have the option of, instead of being issued a separate card for 6017
the license, having the license appear as a notation on the 6018
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individual's driver's license or identification card. If the 6019
applicant chooses this option, the license issued under this 6020
section shall have the same expiration date as the driver's 6021
license or identification card, and renewal shall take place at 6022
the same time and place as renewal of the driver's license or 6023
identification card. The Commissioner of Public Safety shall have 6024
the authority to promulgate rules and regulations which may be 6025
necessary to ensure the effectiveness of the concurrent 6026
application and renewal processes. 6027
SECTION 80. Section 97-5-49, Mississippi Code of 1972, is 6028
amended as follows: 6029
97-5-49. (1) As used in this section: 6030
(a) "Adult" means a person over the age of twenty-one 6031
(21) years. 6032
(b) "Alcoholic beverage" has the meaning as defined in 6033
Section 67-1-5. 6034
* * * 6035
( * * *c) "Minor" means a person under the age of 6036
twenty-one (21) years. 6037
( * * *d) "Party" means a gathering or event at which a 6038
group of two (2) or more persons assembles for a social occasion 6039
or activity at a private residence or a private premises. 6040
( * * *e) "Private premises" means privately owned 6041
land, including any appurtenances or improvements on the land. 6042
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( * * *f) "Private residence" means the place where a 6043
person actually lives or has his or her home. 6044
* * * 6045
( * * *g) "Light * * * intoxicating beverage" has the 6046
meaning ascribed in Section 67-3-3. 6047
(2) No adult who owns or leases a private residence or 6048
private premises shall knowingly allow a party to take place or 6049
continue at the residence or premises if a minor at the party 6050
obtains, possesses or consumes any alcoholic beverage * * * or 6051
light intoxicating beverage if the adult knows that the minor has 6052
obtained, possesses or is consuming alcoholic beverages * * * or 6053
light intoxicating beverages. 6054
(3) This section shall not apply to legally protected 6055
religious activities or gatherings of family members or to any of 6056
the exemptions set forth in Section 67-3-54. 6057
(4) Each incident in violation of subsection (2) of this 6058
section or any part of subsection (2) constitutes a separate 6059
offense. 6060
(5) Any person who violates subsection (2) of this section 6061
shall be guilty of a misdemeanor and, upon conviction thereof, 6062
shall be punished by a fine of One Thousand Dollars ($1,000.00) or 6063
by imprisonment in the county jail for not more than six (6) 6064
months, or by both the fine and imprisonment, in the discretion of 6065
the court. 6066
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SECTION 81. Severability. If any provision of this act or 6067
the application thereof to any person or circumstances is held 6068
invalid, such invalidity shall not affect other provisions or 6069
applications of this article which can be given effect without the 6070
invalid provision or application, and to this end the provisions 6071
of this article are declared to be severable. 6072
SECTION 82. This act shall take effect and be in force from 6073
and after July 1, 2026. 6074