Native wineries and native distilleries; update tax and permit provisions, and allow in state direct shipment.

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To: Finance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Berry, Hill, Seymour

SENATE BILL NO. 2913

AN ACT TO PROVIDE LEGAL REQUIREMENTS TO BE OBSERVED BY NATIVE 1
WINERIES AND NATIVE DISTILLERIES IN SELLING AND SHIPPING NATIVE 2
WINES OR NATIVE SPIRITS DIRECTLY TO RESIDENTS IN THIS STATE; TO 3
AMEND SECTION 67-1-51, MISSISSIPPI CODE OF 1972, TO REMOVE THE 4
REPEALER ON THE FESTIVAL PERMIT; TO EXPAND THE NATIVE WINE 5
RETAILER'S PERMIT AND THE NATIVE SPIRIT RETAILER'S PERMIT TO COVER 6
UP TO TWO ADDITIONAL TASTING ROOMS IN THIS STATE; TO SPECIFY THAT 7
A SEPARATE PERMIT IS REQUIRED FOR EACH TASTING ROOM; TO AMEND 8
SECTIONS 67-5-11 AND 67-11-9, MISSISSIPPI CODE OF 1972, TO ALLOW 9
NATIVE WINE AND NATIVE SPIRIT SALES TO CONSUMERS AT THE ADDITIONAL 10
TASTING ROOMS; TO SPECIFY THAT THE 24.5% ADDITIONAL MARKUP DOES 11
NOT APPLY TO NATIVE WINES OR NATIVE SPIRITS HELD AT THE NATIVE 12
WINERY OR NATIVE DISTILLERY FOR ON-SITE PICKUP BY RETAILERS; TO 13
AUTHORIZE NATIVE WINERIES AND NATIVE DISTILLERIES TO SELL AND SHIP 14
NATIVE WINES DIRECTLY TO RESIDENTS IN THIS STATE, WITHOUT BEING 15
REQUIRED TO TRANSACT THE SALE AND SHIPMENT THROUGH THE DEPARTMENT 16
OF REVENUE'S ALCOHOLIC BEVERAGE CONTROL DIVISION; TO AMEND 17
SECTIONS 67-1-41, 27-71-5 AND 27-71-11, MISSISSIPPI CODE OF 1972, 18
TO CONFORM; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. (1) When shipping native wines or native spirits 21
directly to a resident in this state as authorized under Section 22
67-5-11 or 67-11-9, a native winery or native distillery shall: 23
(a) Ensure that all containers are conspicuously 24
labeled with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 25
21 YEARS OR OLDER REQUIRED FOR DELIVERY"; 26
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(b) Report to the department annually the total amount 27
of native wine or native spirit, by type, sold and shipped into or 28
within the state the preceding calendar year; 29
(c) Maintain for at least three (3) years all records 30
that allow the department to ascertain the truthfulness of the 31
information filed under this section; 32
(d) Allow the department to perform an audit of the 33
native winery's or native distillery's records upon request; and 34
(e) Be deemed to have consented to the jurisdiction of 35
the department or any other state agency and the state courts 36
concerning enforcement of this section and any related laws, rules 37
or regulations. 38
(2) When shipping native wines or native spirits directly to 39
a resident in this state, a native winery or native distillery may 40
not ship native wine or native spirit to an address in a county 41
that has not voted in favor of coming out from under the dry law. 42
(3) (a) To purchase and receive a direct shipment of native 43
wine or native spirit from a native winery or native distillery, a 44
resident of this state must be at least twenty-one (21) years of 45
age, and a person who is at least twenty-one (21) years of age 46
must sign for any native wine or native spirit shipped. 47
(b) A shipment of native wine or native spirit may be 48
ordered or purchased from a native winery or native distillery 49
through a computer network. 50
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(c) A person who receives a direct shipment of native 51
wine or native spirit from a native winery or native distillery 52
shall use the native wine or native spirit for personal 53
consumption only and may not resell it. 54
(4) The commissioner may adopt any rules or regulations as 55
necessary to carry out this section. All of the enforcement 56
provisions of this chapter that are not in conflict with this 57
section may be used by the department to enforce the provisions of 58
this section. 59
(5) (a) Any person who makes, participates in, transports, 60
imports or receives a sale or shipment of native wine or native 61
spirit in violation of this section is guilty of a misdemeanor 62
and, upon conviction thereof, shall be punished by a fine not 63
exceeding One Thousand Dollars ($1,000.00) or imprisonment in the 64
county jail for not more than six (6) months, or both. Each sale 65
or shipment in violation of this section shall constitute a 66
separate offense. 67
(b) If any holder of a direct wine shipper's permit 68
violates any provision of this section, the department may suspend 69
or revoke the permit and impose civil penalties as authorized 70
under this chapter. 71
SECTION 2. Section 67-1-51, Mississippi Code of 1972, is 72
amended as follows: 73
67-1-51. (1) Permits which may be issued by the department 74
shall be as follows: 75
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(a) Manufacturer's permit. A manufacturer's permit 76
shall permit the manufacture, importation in bulk, bottling and 77
storage of alcoholic liquor and its distribution and sale to 78
manufacturers holding permits under this article in this state and 79
to persons outside the state who are authorized by law to purchase 80
the same, and to sell as provided by this article. 81
Manufacturer's permits shall be of the following classes: 82
Class 1. Distiller's and/or rectifier's permit, which shall 83
authorize the holder thereof to operate a distillery for the 84
production of distilled spirits by distillation or redistillation 85
and/or to operate a rectifying plant for the purifying, refining, 86
mixing, blending, flavoring or reducing in proof of distilled 87
spirits and alcohol. 88
Class 2. Wine manufacturer's permit, which shall authorize 89
the holder thereof to manufacture, import in bulk, bottle and 90
store wine or vinous liquor. 91
Class 3. Native wine producer's permit, which shall 92
authorize the holder thereof to produce, bottle, store and sell 93
native wines. 94
Class 4. Native spirit producer's permit, which shall 95
authorize the holder thereof to produce, bottle, store and sell 96
native spirits. 97
Class 5. Craft spirit producer's permit, which shall 98
authorize the holder thereof to perform any act or thing in the 99
process of making craft spirit, including the manufacture, 100
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importation, bottling, and storage of alcoholic liquor and its 101
sale. 102
(b) Package retailer's permit. Except as otherwise 103
provided in this paragraph and Section 67-1-52, a package 104
retailer's permit shall authorize the holder thereof to operate a 105
store exclusively for the sale at retail in original sealed and 106
unopened packages of alcoholic beverages, including native wines, 107
native spirits, craft spirits, and edibles, not to be consumed on 108
the premises where sold. Alcoholic beverages shall not be sold by 109
any retailer in any package or container containing less than 110
fifty (50) milliliters by liquid measure. A package retailer's 111
permit, with prior approval from the department, shall authorize 112
the holder thereof to sample new product furnished by a 113
manufacturer's representative or his employees at the permitted 114
place of business so long as the sampling otherwise complies with 115
this article and applicable department regulations. Such samples 116
may not be provided to customers at the permitted place of 117
business. In addition to the sale at retail of packages of 118
alcoholic beverages, the holder of a package retailer's permit is 119
authorized to sell at retail corkscrews, wine glasses, soft 120
drinks, ice, juices, mixers, other beverages commonly used to mix 121
with alcoholic beverages, and fruits and foods that have been 122
submerged in alcohol and are commonly referred to as edibles. 123
Nonalcoholic beverages sold by the holder of a package retailer's 124
permit shall not be consumed on the premises where sold. 125
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(c) On-premises retailer's permit. Except as otherwise 126
provided in subsection (5) of this section, an on-premises 127
retailer's permit shall authorize the sale of alcoholic beverages, 128
including native wines, native spirits, and craft spirits, for 129
consumption on the licensed premises only; however, a patron of 130
the permit holder may remove one (1) bottle of wine from the 131
licensed premises if: (i) the patron consumed a portion of the 132
bottle of wine in the course of consuming a meal purchased on the 133
licensed premises; (ii) the permit holder securely reseals the 134
bottle; (iii) the bottle is placed in a bag that is secured in a 135
manner so that it will be visibly apparent if the bag is opened; 136
and (iv) a dated receipt for the wine and the meal is available. 137
Additionally, as part of a carryout order, a permit holder may 138
sell one (1) bottle of wine to be removed from the licensed 139
premises for every two (2) entrees ordered. In addition, an 140
on-premises retailer's permittee at a permitted premises located 141
on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 142
Highway 90 may serve alcoholic beverages by the glass to a patron 143
in a vehicle using a drive-through method of delivery if the 144
permitted premises is located in a leisure and recreation district 145
established under Section 67-1-101. Such a sale will be 146
considered to be made on the permitted premises. An on-premises 147
retailer's permit shall be issued only to qualified hotels, 148
restaurants and clubs, small craft breweries, microbreweries, and 149
to common carriers with adequate facilities for serving 150
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passengers. In resort areas, however, whether inside or outside 151
of a municipality, the department, in its discretion, may issue 152
on-premises retailer's permits to any establishments located 153
therein as it deems proper. An on-premises retailer's permit when 154
issued to a common carrier shall authorize the sale and serving of 155
alcoholic beverages aboard any licensed vehicle while moving 156
through any county of the state; however, the sale of such 157
alcoholic beverages shall not be permitted while such vehicle is 158
stopped in a county that has not legalized such sales. If an 159
on-premises retailer's permit is applied for by a common carrier 160
operating solely in the water, such common carrier must, along 161
with all other qualifications for a permit, (i) be certified to 162
carry at least one hundred fifty (150) passengers and/or provide 163
overnight accommodations for at least fifty (50) passengers and 164
(ii) operate primarily in the waters within the State of 165
Mississippi which lie adjacent to the State of Mississippi south 166
of the three (3) most southern counties in the State of 167
Mississippi and/or on the Mississippi River or navigable waters 168
within any county bordering on the Mississippi River. 169
(d) Solicitor's permit. A solicitor's permit shall 170
authorize the holder thereof to act as salesman for a manufacturer 171
or wholesaler holding a proper permit, to solicit on behalf of his 172
employer orders for alcoholic beverages, and to otherwise promote 173
his employer's products in a legitimate manner. Such a permit 174
shall authorize the representation of and employment by one (1) 175
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principal only. However, the permittee may also, in the 176
discretion of the department, be issued additional permits to 177
represent other principals. No such permittee shall buy or sell 178
alcoholic beverages for his own account, and no such beverage 179
shall be brought into this state in pursuance of the exercise of 180
such permit otherwise than through a permit issued to a wholesaler 181
or manufacturer in the state. 182
(e) Native wine retailer's permit. Except as otherwise 183
provided in subsection (5) of this section, a native wine 184
retailer's permit shall be issued only to a holder of a Class 3 185
manufacturer's permit, and shall authorize the holder thereof to 186
make retail sales of native wines to consumers for on-premises 187
consumption or to consumers in originally sealed and unopened 188
containers at an establishment located on the premises of or in 189
the immediate vicinity of a native winery, and at up to two (2) 190
permanent satellite tasting room sales locations in any other 191
locations in the state that otherwise allow the sale of alcoholic 192
beverages. Each additional tasting room requires a separate 193
native wine retailer's permit. When selling to consumers for 194
on-premises consumption, a holder of a native wine retailer's 195
permit may add to the native wine alcoholic beverages not produced 196
on the premises, so long as the total volume of foreign beverage 197
components does not exceed twenty percent (20%) of the mixed 198
beverage. Hours of sale shall be the same as those authorized for 199
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on-premises permittees in the city or county in which the native 200
wine retailer is located. 201
(f) Temporary retailer's permit. Except as otherwise 202
provided in subsection (5) of this section, a temporary retailer's 203
permit shall permit the purchase and resale of alcoholic 204
beverages, including native wines and native spirits, during legal 205
hours on the premises described in the temporary permit only. 206
Temporary retailer's permits shall be of the following 207
classes: 208
Class 1. A temporary one-day permit may be issued to bona 209
fide nonprofit civic or charitable organizations authorizing the 210
sale of alcoholic beverages, including native wine, native 211
spirits, and craft spirits, for consumption on the premises 212
described in the temporary permit only. Class 1 permits may be 213
issued only to applicants demonstrating to the department, by a 214
statement signed under penalty of perjury submitted ten (10) days 215
prior to the proposed date or such other time as the department 216
may determine, that they meet the qualifications of Sections 217
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 218
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 219
alcoholic beverages from package retailers located in the county 220
in which the temporary permit is issued. Alcoholic beverages 221
remaining in stock upon expiration of the temporary permit may be 222
returned by the permittee to the package retailer for a refund of 223
the purchase price upon consent of the package retailer or may be 224
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kept by the permittee exclusively for personal use and 225
consumption, subject to all laws pertaining to the illegal sale 226
and possession of alcoholic beverages. The department, following 227
review of the statement provided by the applicant and the 228
requirements of the applicable statutes and regulations, may issue 229
the permit. 230
Class 2. A temporary permit, not to exceed seventy (70) 231
days, may be issued to prospective permittees seeking to transfer 232
a permit authorized in paragraph (c) of this subsection. A Class 233
2 permit may be issued only to applicants demonstrating to the 234
department, by a statement signed under the penalty of perjury, 235
that they meet the qualifications of Sections 67-1-5(l), (m), (n), 236
(o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 237
67-1-59. The department, following a preliminary review of the 238
statement provided by the applicant and the requirements of the 239
applicable statutes and regulations, may issue the permit. 240
Class 2 temporary permittees must purchase their alcoholic 241
beverages directly from the department or, with approval of the 242
department, purchase the remaining stock of the previous 243
permittee. If the proposed applicant of a Class 1 or Class 2 244
temporary permit falsifies information contained in the 245
application or statement, the applicant shall never again be 246
eligible for a retail alcohol beverage permit and shall be subject 247
to prosecution for perjury. 248
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Class 3. A temporary one-day permit may be issued to a 249
retail establishment authorizing the complimentary distribution of 250
wine, including native wine, to patrons of the retail 251
establishment at an open house or promotional event, for 252
consumption only on the premises described in the temporary 253
permit. A Class 3 permit may be issued only to an applicant 254
demonstrating to the department, by a statement signed under 255
penalty of perjury submitted ten (10) days before the proposed 256
date or such other time as the department may determine, that it 257
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 258
and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 259
A Class 3 permit holder shall obtain all alcoholic beverages from 260
the holder(s) of a package retailer's permit located in the county 261
in which the temporary permit is issued. Wine remaining in stock 262
upon expiration of the temporary permit may be returned by the 263
Class 3 temporary permit holder to the package retailer for a 264
refund of the purchase price, with consent of the package 265
retailer, or may be kept by the Class 3 temporary permit holder 266
exclusively for personal use and consumption, subject to all laws 267
pertaining to the illegal sale and possession of alcoholic 268
beverages. The department, following review of the statement 269
provided by the applicant and the requirements of the applicable 270
statutes and regulations, may issue the permit. No retailer may 271
receive more than twelve (12) Class 3 temporary permits in a 272
calendar year. A Class 3 temporary permit shall not be issued to 273
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a retail establishment that either holds a merchant permit issued 274
under paragraph (l) of this subsection, or holds a permit issued 275
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 276
the holder to engage in the business of a retailer of light wine 277
or beer. 278
(g) Caterer's permit. A caterer's permit shall permit 279
the purchase of alcoholic beverages by a person engaging in 280
business as a caterer and the resale of alcoholic beverages by 281
such person in conjunction with such catering business. No person 282
shall qualify as a caterer unless forty percent (40%) or more of 283
the revenue derived from such catering business shall be from the 284
serving of prepared food and not from the sale of alcoholic 285
beverages and unless such person has obtained a permit for such 286
business from the Department of Health. A caterer's permit shall 287
not authorize the sale of alcoholic beverages on the premises of 288
the person engaging in business as a caterer; however, the holder 289
of an on-premises retailer's permit may hold a caterer's permit. 290
When the holder of an on-premises retailer's permit or an 291
affiliated entity of the holder also holds a caterer's permit, the 292
caterer's permit shall not authorize the service of alcoholic 293
beverages on a consistent, recurring basis at a separate, fixed 294
location owned or operated by the caterer, on-premises retailer or 295
affiliated entity and an on-premises retailer's permit shall be 296
required for the separate location. All sales of alcoholic 297
beverages by holders of a caterer's permit shall be made at the 298
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location being catered by the caterer, and, except as otherwise 299
provided in subsection (5) of this section, such sales may be made 300
only for consumption at the catered location. The location being 301
catered may be anywhere within a county or judicial district that 302
has voted to come out from under the dry laws or in which the sale 303
and distribution of alcoholic beverages is otherwise authorized by 304
law. Such sales shall be made pursuant to any other conditions 305
and restrictions which apply to sales made by on-premises retail 306
permittees. The holder of a caterer's permit or his employees 307
shall remain at the catered location as long as alcoholic 308
beverages are being sold pursuant to the permit issued under this 309
paragraph (g), and the permittee shall have at the location the 310
identification card issued by the division. No unsold alcoholic 311
beverages may be left at the catered location by the permittee 312
upon the conclusion of his business at that location. Appropriate 313
law enforcement officers and division personnel may enter a 314
catered location on private property in order to enforce laws 315
governing the sale or serving of alcoholic beverages. 316
(h) Research permit. A research permit shall authorize 317
the holder thereof to operate a research facility for the 318
professional research of alcoholic beverages. Such permit shall 319
authorize the holder of the permit to import and purchase limited 320
amounts of alcoholic beverages from the department or from 321
importers, wineries and distillers of alcoholic beverages for 322
professional research. 323
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(i) Alcohol processing permit. An alcohol processing 324
permit shall authorize the holder thereof to purchase, transport 325
and possess alcoholic beverages for the exclusive use in cooking, 326
processing or manufacturing products which contain alcoholic 327
beverages as an integral ingredient. An alcohol processing permit 328
shall not authorize the sale of alcoholic beverages on the 329
premises of the person engaging in the business of cooking, 330
processing or manufacturing products which contain alcoholic 331
beverages. The amounts of alcoholic beverages allowed under an 332
alcohol processing permit shall be set by the department. 333
(j) Hospitality cart permit. A hospitality cart permit 334
shall authorize the sale of alcoholic beverages from a mobile cart 335
on a golf course that is the holder of an on-premises retailer's 336
permit. The alcoholic beverages sold from the cart must be 337
consumed within the boundaries of the golf course. 338
(k) Special service permit. A special service permit 339
shall authorize the holder to sell commercially sealed alcoholic 340
beverages to the operator of a commercial or private aircraft for 341
en route consumption only by passengers. A special service permit 342
shall be issued only to a fixed-base operator who contracts with 343
an airport facility to provide fueling and other associated 344
services to commercial and private aircraft. 345
(l) Merchant permit. Except as otherwise provided in 346
subsection (5) of this section, a merchant permit shall be issued 347
only to the owner of a spa facility, an art studio or gallery, or 348
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a cooking school, and shall authorize the holder to serve 349
complimentary by the glass wine only, including native wine, at 350
the holder's spa facility, art studio or gallery, or cooking 351
school. A merchant permit holder shall obtain all wine from the 352
holder of a package retailer's permit. 353
(m) Temporary alcoholic beverages charitable auction 354
permit. A temporary permit, not to exceed five (5) days, may be 355
issued to a qualifying charitable nonprofit organization that is 356
exempt from taxation under Section 501(c)(3) or (4) of the 357
Internal Revenue Code of 1986. The permit shall authorize the 358
holder to sell alcoholic beverages for the limited purpose of 359
raising funds for the organization during a live or silent auction 360
that is conducted by the organization and that meets the following 361
requirements: (i) the auction is conducted in an area of the 362
state where the sale of alcoholic beverages is authorized; (ii) if 363
the auction is conducted on the premises of an on-premises 364
retailer's permit holder, then the alcoholic beverages to be 365
auctioned must be stored separately from the alcoholic beverages 366
sold, stored or served on the premises, must be removed from the 367
premises immediately following the auction, and may not be 368
consumed on the premises; (iii) the permit holder may not conduct 369
more than two (2) auctions during a calendar year; (iv) the permit 370
holder may not pay a commission or promotional fee to any person 371
to arrange or conduct the auction. 372
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(n) Event venue retailer's permit. An event venue 373
retailer's permit shall authorize the holder thereof to purchase 374
and resell alcoholic beverages, including native wines, native 375
spirits, and craft spirits, for consumption on the premises during 376
legal hours during events held on the licensed premises if food is 377
being served at the event by a caterer who is not affiliated with 378
or related to the permittee. The caterer must serve at least 379
three (3) entrees. The permit may only be issued for venues that 380
can accommodate two hundred (200) persons or more. The number of 381
persons a venue may accommodate shall be determined by the local 382
fire department and such determination shall be provided in 383
writing and submitted along with all other documents required to 384
be provided for an on-premises retailer's permit. The permittee 385
must derive the majority of its revenue from event-related fees, 386
including, but not limited to, admission fees or ticket sales for 387
live entertainment in the building. "Event-related fees" do not 388
include alcohol, beer or light wine sales or any fee which may be 389
construed to cover the cost of alcohol, beer or light wine. This 390
determination shall be made on a per event basis. An event may 391
not last longer than two (2) consecutive days per week. 392
(o) Temporary theatre permit. A temporary theatre 393
permit, not to exceed five (5) days, may be issued to a charitable 394
nonprofit organization that is exempt from taxation under Section 395
501(c)(3) or (4) of the Internal Revenue Code and owns or operates 396
a theatre facility that features plays and other theatrical 397
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performances and productions. Except as otherwise provided in 398
subsection (5) of this section, the permit shall authorize the 399
holder to sell alcoholic beverages, including native wines, native 400
spirits, and craft spirits, to patrons of the theatre during 401
performances and productions at the theatre facility for 402
consumption during such performances and productions on the 403
premises of the facility described in the permit. A temporary 404
theatre permit holder shall obtain all alcoholic beverages from 405
package retailers located in the county in which the permit is 406
issued. Alcoholic beverages remaining in stock upon expiration of 407
the temporary theatre permit may be returned by the permittee to 408
the package retailer for a refund of the purchase price upon 409
consent of the package retailer or may be kept by the permittee 410
exclusively for personal use and consumption, subject to all laws 411
pertaining to the illegal sale and possession of alcoholic 412
beverages. 413
(p) Charter ship operator's permit. Subject to the 414
provisions of this paragraph (p), a charter ship operator's permit 415
shall authorize the holder thereof and its employees to serve, 416
monitor, store and otherwise control the serving and availability 417
of alcoholic beverages to customers of the permit holder during 418
private charters under contract provided by the permit holder. A 419
charter ship operator's permit shall authorize such action by the 420
permit holder and its employees only as to alcoholic beverages 421
brought onto the permit holder's ship by customers of the permit 422
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holder as part of such a private charter. All such alcoholic 423
beverages must be removed from the charter ship at the conclusion 424
of each private charter. A charter ship operator's permit shall 425
not authorize the permit holder to sell, charge for or otherwise 426
supply alcoholic beverages to customers, except as authorized in 427
this paragraph (p). For the purposes of this paragraph (p), 428
"charter ship operator" means a common carrier that (i) is 429
certified to carry at least one hundred fifty (150) passengers 430
and/or provide overnight accommodations for at least fifty (50) 431
passengers, (ii) operates only in the waters within the State of 432
Mississippi, which lie adjacent to the State of Mississippi south 433
of the three (3) most southern counties in the State of 434
Mississippi, and (iii) provides charters under contract for tours 435
and trips in such waters. 436
(q) Distillery retailer's permit. The holder of a 437
Class 1 manufacturer's permit may obtain a distillery retailer's 438
permit. A distillery retailer's permit shall authorize the holder 439
thereof to sell at retail alcoholic beverages to consumers for 440
on-premises consumption, or to consumers by the sealed and 441
unopened bottle from a retail location at the distillery for 442
off-premises consumption. The holder may only sell product 443
manufactured by the manufacturer at the distillery described in 444
the permit. However, when selling to consumers for on-premises 445
consumption, a holder of a distillery retailer's permit may add 446
other beverages, alcoholic or not, so long as the total volume of 447
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other beverage components containing alcohol does not exceed 448
twenty percent (20%). Hours of sale shall be the same as those 449
authorized for on-premises permittees in the city or county in 450
which the distillery retailer is located. 451
The holder shall not sell at retail more than ten percent 452
(10%) of the alcoholic beverages produced annually at its 453
distillery. The holder shall not make retail sales of more than 454
two and twenty-five one-hundredths (2.25) liters, in the 455
aggregate, of the alcoholic beverages produced at its distillery 456
to any one (1) individual for consumption off the premises of the 457
distillery within a twenty-four-hour period. The hours of sale 458
shall be the same as those hours for package retailers under this 459
article. The holder of a distillery retailer's permit is not 460
required to purchase the alcoholic beverages authorized to be sold 461
by this paragraph from the department's liquor distribution 462
warehouse; however, if the holder does not purchase the alcoholic 463
beverages from the department's liquor distribution warehouse, the 464
holder shall pay to the department all taxes, fees and surcharges 465
on the alcoholic beverages that are imposed upon the sale of 466
alcoholic beverages shipped by the department or its warehouse 467
operator. In addition to alcoholic beverages, the holder of a 468
distillery retailer's permit may sell at retail promotional 469
products from the same retail location, including shirts, hats, 470
glasses, and other promotional products customarily sold by 471
alcoholic beverage manufacturers. 472
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(r) Festival permit. Any wine manufacturer, native 473
wine producer, native spirit producer, craft spirit producer, or 474
distilled spirit manufacturer permitted by Mississippi or any 475
other state is eligible to obtain a festival permit. This permit 476
authorizes the entity to transport product manufactured by it to 477
festivals held within the State of Mississippi and sell sealed, 478
unopened bottles to festival participants. The holder of this 479
permit may provide samples at no charge to participants. 480
"Festival" means any event at which three (3) or more vendors are 481
present at a location for the sale or distribution of goods. The 482
holder of a festival permit is not required to purchase the 483
alcoholic beverages authorized to be sold by this paragraph from 484
the department's liquor distribution warehouse. However, if the 485
holder does not purchase the alcoholic beverages from the 486
department's liquor distribution warehouse, the holder of this 487
permit shall pay to the department all taxes, fees and surcharges 488
on the alcoholic beverages sold at such festivals that are imposed 489
upon the sale of alcoholic beverages shipped by the division. 490
Additionally, the entity shall file all applicable reports and 491
returns as prescribed by the department. This permit is issued 492
per festival and provides authority to sell for three (3) 493
consecutive days during the hours authorized for on-premises 494
permittees' sales in that county or city. The holder of the 495
permit shall be required to maintain all requirements set by Local 496
Option Law for the service and sale of alcoholic beverages. This 497
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permit may be issued to entities participating in festivals at 498
which a Class 1 temporary permit is in effect. 499
* * * 500
(s) Charter vessel operator's permit. Subject to the 501
provisions of this paragraph (s), a charter vessel operator's 502
permit shall authorize the holder thereof and its employees to 503
sell and serve alcoholic beverages to passengers of the permit 504
holder during public tours, historical tours, ecological tours and 505
sunset cruises provided by the permit holder. The permit shall 506
authorize the holder to only sell alcoholic beverages, including 507
native wines, to passengers of the charter vessel operator during 508
public tours, historical tours, ecological tours and sunset 509
cruises provided by the permit holder aboard the charter vessel 510
operator for consumption during such tours and cruises on the 511
premises of the charter vessel operator described in the permit. 512
For the purposes of this paragraph (s), "charter vessel operator" 513
means a common carrier that (i) is certified to carry at least 514
forty-nine (49) passengers, (ii) operates only in the waters 515
within the State of Mississippi, which lie south of Interstate 10 516
in the three (3) most southern counties in the State of 517
Mississippi, and lie adjacent to the State of Mississippi south of 518
the three (3) most southern counties in the State of Mississippi, 519
extending not further than one (1) mile south of such counties, 520
and (iii) provides vessel services for tours and cruises in such 521
waters as provided in this paragraph(s). 522
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(t) Native spirit retailer's permit. Except as 523
otherwise provided in subsection (5) of this section, a native 524
spirit retailer's permit shall be issued only to a holder of a 525
Class 4 manufacturer's permit, and shall authorize the holder 526
thereof to make retail sales of native spirits to consumers for 527
on-premises consumption or to consumers in originally sealed and 528
unopened containers at an establishment located on the premises of 529
the distillery, or at any tasting room location or locations 530
within five (5) miles of the native distillery. Further, every 531
native distillery is authorized to have * * * two (2) permanent 532
satellite tasting room sales locations in any other locations in 533
the state that otherwise * * * allow the sale of alcoholic 534
beverages. Each additional tasting room requires a separate 535
native spirit retailer's permit. When selling to consumers for 536
on-premises consumption, a holder of a native spirit retailer's 537
permit may sell alcoholic beverages produced by other suppliers. 538
Hours of sale shall be the same as those authorized for 539
on-premises permittees in the city or county in which the native 540
spirit retailer is located. 541
(u) Delivery service permit. Any individual, limited 542
liability company, corporation or partnership registered to do 543
business in this state is eligible to obtain a delivery service 544
permit. Subject to the provisions of Section 67-1-51.1, this 545
permit authorizes the permittee, or its employee or an independent 546
contractor acting on its behalf, to deliver alcoholic beverages, 547
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beer, light wine and light spirit product from a licensed retailer 548
to a person in this state who is at least twenty-one (21) years of 549
age for the individual's use and not for resale. This permit does 550
not authorize the delivery of alcoholic beverages, beer, light 551
wine or light spirit product to the premises of a location with a 552
permit for the manufacture, distribution or retail sale of 553
alcoholic beverages, beer, light wine or light spirit product. 554
The holder of a package retailer's permit or an on-premises 555
retailer's permit under Section 67-1-51 or of a beer, light wine 556
and light spirit product permit under Section 67-3-19 is 557
authorized to apply for a delivery service permit as a privilege 558
separate from its existing retail permit. 559
(v) Food truck permit. A food truck permit shall 560
authorize the holder of an on-premises retailer's permit to use a 561
food truck to sell alcoholic beverages off its premises to guests 562
who must consume the beverages in open containers. For the 563
purposes of this paragraph (v), "food truck" means a fully encased 564
food service establishment on a motor vehicle or on a trailer that 565
a motor vehicle pulls to transport, and from which a vendor, 566
standing within the frame of the establishment, prepares, cooks, 567
sells and serves food for immediate human consumption. The term 568
"food truck" does not include a food cart that is not motorized. 569
Food trucks shall maintain such distance requirements from 570
schools, churches, kindergartens and funeral homes as are required 571
for on-premises retailer's permittees under this article, and all 572
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sales must be made within a valid leisure and recreation district 573
established under Section 67-1-101. Food trucks cannot sell or 574
serve alcoholic beverages unless also offering food prepared and 575
cooked within the food truck, and permittees must maintain a 576
twenty-five percent (25%) food sale revenue requirement based on 577
the food sold from the food truck alone. The hours allowed for 578
sale shall be the same as those for on-premises retailer's 579
permittees in the location. This permit will not be required for 580
the holder of a caterer's permit issued under this article to 581
cater an event as allowed by law. Permittees must provide notice 582
of not less than forty-eight (48) hours to the department of each 583
location at which alcoholic beverages will be sold. 584
(w) On-premises tobacco permit. An on-premises tobacco 585
permit shall authorize the permittee to sell alcoholic beverages 586
for consumption on the licensed premises. In addition to all 587
other requirements to obtain an alcoholic beverage permit, the 588
permittee must obtain and maintain a tobacco permit issued by the 589
State of Mississippi, and have a capital investment of not less 590
than Five Hundred Thousand Dollars ($500,000.00) in the premises 591
for which the permit is issued. In addition to alcoholic 592
beverages, the permittee is authorized to sell only cigars, 593
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 594
Additionally, seventy-five percent (75%) of the permittee's annual 595
gross revenue must be derived from the sale of cigars, cheroots, 596
tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 597
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be required, but food may be sold on the premises. The issuance 598
of this permit does not remove any obligation a permittee may have 599
to follow local ordinances or actions prohibiting the use of 600
tobacco products. 601
(x) Direct wine shipper's permit. A direct wine 602
shipper's permit shall authorize the holder to sell and ship a 603
limited amount of wine directly to residents in this state in 604
accordance with the provisions of Sections 67-1-301 to 67-1-317, 605
without being required to transact the sale and shipment of those 606
wines through the division. 607
(y) Craft spirit retailer's permit. Except as 608
otherwise provided in subsection (5) of this section, a craft 609
spirit retailer's permit shall be issued only to a holder of a 610
Class 5 manufacturer's permit, and shall authorize the holder 611
thereof to make retail sales of craft spirits to consumers for 612
on-premises consumption or to consumers in originally sealed and 613
unopened containers at an establishment located on the premises of 614
the distillery or at any tasting room location or locations within 615
five (5) miles of the craft distillery. Further, every craft 616
distillery is authorized to have one (1) permanent satellite 617
tasting room sales location in any other location in the state 618
that otherwise allows the sale of alcoholic beverages. When 619
selling to consumers for on-premises consumption, a holder of a 620
craft spirit retailer's permit may sell alcoholic beverages 621
produced by other suppliers. Hours of sale shall be the same as 622
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those authorized for on-premises permittees in the city or county 623
in which the craft spirit retailer is located. 624
(2) Except as otherwise provided in subsection (4) of this 625
section, retail permittees may hold more than one (1) retail 626
permit, at the discretion of the department. 627
(3) (a) Except as otherwise provided in this subsection, no 628
authority shall be granted to any person to manufacture, sell or 629
store for sale any intoxicating liquor as specified in this 630
article within four hundred (400) feet of any church, school 631
(excluding any community college, junior college, college or 632
university), kindergarten or funeral home. However, within an 633
area zoned commercial or business, such minimum distance shall be 634
not less than one hundred (100) feet. 635
(b) A church or funeral home may waive the distance 636
restrictions imposed in this subsection in favor of allowing 637
issuance by the department of a permit, pursuant to subsection (1) 638
of this section, to authorize activity relating to the 639
manufacturing, sale or storage of alcoholic beverages which would 640
otherwise be prohibited under the minimum distance criterion. 641
Such waiver shall be in written form from the owner, the governing 642
body, or the appropriate officer of the church or funeral home 643
having the authority to execute such a waiver, and the waiver 644
shall be filed with and verified by the department before becoming 645
effective. 646
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(c) The distance restrictions imposed in this 647
subsection shall not apply to the sale or storage of alcoholic 648
beverages at a bed and breakfast inn listed in the National 649
Register of Historic Places or to the sale or storage of alcoholic 650
beverages in a historic district that is listed in the National 651
Register of Historic Places, is a qualified resort area and is 652
located (i) in a municipality having a population greater than one 653
hundred thousand (100,000) according to the latest federal 654
decennial census, or (ii) in a municipality in which Mississippi 655
Highways 1 and 8 intersect. 656
(d) The distance restrictions imposed in this 657
subsection shall not apply to the sale or storage of alcoholic 658
beverages at a qualified resort area as defined in Section 659
67-1-5(o)(iii)32. 660
(e) The distance restrictions imposed in this 661
subsection shall not apply to the sale or storage of alcoholic 662
beverages at a licensed premises in a building formerly owned by a 663
municipality and formerly leased by the municipality to a 664
municipal school district and used by the municipal school 665
district as a district bus shop facility. 666
(f) The distance restrictions imposed in this 667
subsection shall not apply to the sale or storage of alcoholic 668
beverages at a licensed premises in a building consisting of at 669
least five thousand (5,000) square feet and located approximately 670
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six hundred (600) feet from the intersection of Mississippi 671
Highway 15 and Mississippi Highway 4. 672
(g) The distance restrictions imposed in this 673
subsection shall not apply to the sale or storage of alcoholic 674
beverages at a licensed premises in a building located at or near 675
the intersection of Ward and Tate Streets and adjacent properties 676
in the City of Senatobia, Mississippi. 677
(h) The distance restrictions imposed in this 678
subsection shall not apply to the sale or storage of alcoholic 679
beverages at a theatre facility that features plays and other 680
theatrical performances and productions and (i) is capable of 681
seating more than seven hundred fifty (750) people, (ii) is owned 682
by a municipality which has a population greater than ten thousand 683
(10,000) according to the latest federal decennial census, (iii) 684
was constructed prior to 1930, (iv) is on the National Register of 685
Historic Places, and (v) is located in a historic district. 686
(i) The distance restrictions imposed in this 687
subsection shall not apply to the sale or storage of alcoholic 688
beverages at a licensed premises in a building located 689
approximately one and six-tenths (1.6) miles north of the 690
intersection of Mississippi Highway 15 and Mississippi Highway 4 691
on the west side of Mississippi Highway 15. 692
(j) The distance restrictions imposed in this 693
subsection shall not apply to the sale or storage of alcoholic 694
beverages at a qualified resort area as defined in Section 695
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67-1-5(o)(iii)83. 696
(k) The distance restrictions imposed in this 697
subsection shall not apply to the sale or storage of alcoholic 698
beverages at a qualified resort area as defined in Section 699
67-1-5(o)(iii)84. 700
(4) No person, either individually or as a member of a firm, 701
partnership, limited liability company or association, or as a 702
stockholder, officer or director in a corporation, shall own or 703
control any interest in more than one (1) package retailer's 704
permit, nor shall such person's spouse, if living in the same 705
household of such person, any relative of such person, if living 706
in the same household of such person, or any other person living 707
in the same household with such person own any interest in any 708
other package retailer's permit; however, in the case of a person 709
holding a package retailer's permit issued before July 1, 2024, 710
such a person may own one (1) additional package retailer's permit 711
if the additional permit is issued for a premises with a minimum 712
capital investment of Twenty Million Dollars ($20,000,000.00) that 713
is part of a major retail development project and located in one 714
(1) of the three (3) most southern counties in the State of 715
Mississippi, and not within one hundred (100) miles of another 716
location in the State of Mississippi, for which the permittee 717
holds such a permit. 718
(5) (a) In addition to any other authority granted under 719
this section, the holder of a permit issued under subsection 720
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(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 721
section may sell or otherwise provide alcoholic beverages and/or 722
wine to a patron of the permit holder in the manner authorized in 723
the permit and the patron may remove an open glass, cup or other 724
container of the alcoholic beverage and/or wine from the licensed 725
premises and may possess and consume the alcoholic beverage or 726
wine outside of the licensed premises if: (i) the licensed 727
premises is located within a leisure and recreation district 728
created under Section 67-1-101 and (ii) the patron remains within 729
the boundaries of the leisure and recreation district while in 730
possession of the alcoholic beverage or wine. 731
(b) Nothing in this subsection shall be construed to 732
allow a person to bring any alcoholic beverages into a permitted 733
premises except to the extent otherwise authorized by this 734
article. 735
(c) Where a permit is issued under subsection (1)(c) to 736
an establishment located in a resort area created by Section 737
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 738
to bring alcoholic beverages into the permitted premises and to 739
possess, store and consume those alcoholic beverages in the 740
permitted premises. 741
SECTION 3. Section 67-5-11, Mississippi Code of 1972, is 742
amended as follows: 743
67-5-11. (1) Within the State of Mississippi, every native 744
winery is authorized to make sales to the department or to 745
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consumers at the location of the native winery or its immediate 746
vicinity, and additionally, at one (1) satellite location in the 747
same county, and to consumers at any additional tasting room 748
covered by a native wine retailer's permit. Every native winery 749
is authorized to make sales to any producer, manufacturer, 750
wholesaler, retailer or consumer located outside of the State of 751
Mississippi who are authorized by law to purchase the same. 752
(2) With respect to native wines * * * sold by the 753
department to retailers under Section 67-1-41, the native 754
winery * * * may hold those wines * * * for onsite pickup instead 755
of shipping them to the department warehouse, at the option of the 756
retailer and pursuant to any rules promulgated by the department. 757
Alcoholic beverages held for on-site pickup under this subsection 758
shall not be subject to the twenty-four and one-half percent 759
(24-1/2%) additional markup imposed by Section 27-71-11. 760
(3) A native winery may sell and ship native wines directly 761
to residents in this state in accordance with Section 1 of this 762
act, without being required to transact the sale and shipment 763
through the division. 764
SECTION 4. Section 67-11-9, Mississippi Code of 1972, is 765
amended as follows: 766
67-11-9. (1) Within the State of Mississippi, every native 767
distillery or craft distillery is authorized to make sales to the 768
department or to consumers at the location of the native 769
distillery or craft distillery or at any tasting room location or 770
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locations within five (5) miles of the native distillery or craft 771
distillery, and to consumers at any additional tasting room 772
covered by a native spirit retailer's permit. Further, every 773
native distillery or craft distillery is authorized to have one 774
(1) permanent satellite tasting room sales location in any other 775
location in the state that otherwise allows the sale of alcoholic 776
beverages. Every native distillery or craft distillery is 777
authorized to make sales to any producer, manufacturer, 778
wholesaler, retailer or consumer located outside of the State of 779
Mississippi who is authorized by law to purchase the same. 780
(2) With respect to native spirits or craft spirits sold by 781
the department to retailers under Section 67-1-41, the native 782
distillery or craft distillery may hold those spirits for onsite 783
pickup at the distillery or any of its sales tasting room 784
locations instead of shipping them to the department warehouse, at 785
the option of the retailer and pursuant to any rules promulgated 786
by the department. Alcoholic beverages held for on-site pickup 787
under this subsection shall not be subject to the twenty-four and 788
one-half percent (24-1/2%) additional markup imposed by Section 789
27-71-11. 790
(3) A native distillery may sell and ship native spirits 791
directly to residents in this state in accordance with Section 1 792
of this act, without being required to transact the sale and 793
shipment through the division. 794
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SECTION 5. Section 67-1-41, Mississippi Code of 1972, is 795
amended as follows: 796
67-1-41. (1) The department is hereby created a wholesale 797
distributor and seller of alcoholic beverages, not including malt 798
liquors, within the State of Mississippi. It is granted the right 799
to import and sell alcoholic beverages at wholesale within the 800
state, and no person who is granted the right to sell, distribute 801
or receive alcoholic beverages at retail shall purchase any 802
alcoholic beverages from any source other than the department, 803
except as authorized in subsections (4), (9) and (12) of this 804
section and Sections 67-1-301 to 67-1-317. The department may 805
establish warehouses, and the department may purchase alcoholic 806
beverages in such quantities and from such sources as it may deem 807
desirable and sell the alcoholic beverages to authorized 808
permittees within the state including, at the discretion of the 809
department, any retail distributors operating within any military 810
post or qualified resort areas within the boundaries of the state, 811
keeping a correct and accurate record of all such transactions and 812
exercising such control over the distribution of alcoholic 813
beverages as seem right and proper in keeping with the provisions 814
or purposes of this article. 815
(2) No person for the purpose of sale shall manufacture, 816
distill, brew, sell, possess, export, transport, distribute, 817
warehouse, store, solicit, take orders for, bottle, rectify, 818
blend, treat, mix or process any alcoholic beverage except in 819
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accordance with authority granted under this article, or as 820
otherwise provided by law for native wines, native spirits, or 821
craft spirits. 822
(3) No alcoholic beverage intended for sale or resale shall 823
be imported, shipped or brought into this state for delivery to 824
any person other than as provided in this article, or as otherwise 825
provided by law for native wines, native spirits, or craft 826
spirits. 827
(4) The department may promulgate rules and regulations 828
which authorize on-premises retailers to purchase limited amounts 829
of alcoholic beverages from package retailers and for package 830
retailers to purchase limited amounts of alcoholic beverages from 831
other package retailers. The department shall develop and provide 832
forms to be completed by the on-premises retailers and the package 833
retailers verifying the transaction. The completed forms shall be 834
forwarded to the department within a period of time prescribed by 835
the department. 836
(5) The department may promulgate rules which authorize the 837
holder of a package retailer's permit to permit individual retail 838
purchasers of packages of alcoholic beverages to return, for 839
exchange, credit or refund, limited amounts of original sealed and 840
unopened packages of alcoholic beverages purchased by the 841
individual from the package retailer. 842
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(6) The department shall maintain all forms to be completed 843
by applicants necessary for licensure by the department at all 844
district offices of the department. 845
(7) The department may promulgate rules which authorize the 846
manufacturer of an alcoholic beverage or wine to import, transport 847
and furnish or give a sample of alcoholic beverages or wines to 848
the holders of package retailer's permits, on-premises retailer's 849
permits, native wine, native spirit, or craft spirits retailer's 850
permits and temporary retailer's permits who have not previously 851
purchased the brand of that manufacturer from the department. For 852
each holder of the designated permits, the manufacturer may 853
furnish not more than five hundred (500) milliliters of any brand 854
of alcoholic beverage and not more than three (3) liters of any 855
brand of wine. 856
(8) The department may promulgate rules disallowing open 857
product sampling of alcoholic beverages or wines by the holders of 858
package retailer's permits and permitting open product sampling of 859
alcoholic beverages by the holders of on-premises retailer's 860
permits. Permitted sample products shall be plainly identified 861
"sample" and the actual sampling must occur in the presence of the 862
manufacturer's representatives during the legal operating hours of 863
on-premises retailers. 864
(9) The department may promulgate rules and regulations that 865
authorize the holder of a research permit to import and purchase 866
limited amounts of alcoholic beverages from importers, wineries 867
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and distillers of alcoholic beverages or from the department. The 868
department shall develop and provide forms to be completed by the 869
research permittee verifying each transaction. The completed 870
forms shall be forwarded to the department within a period of time 871
prescribed by the department. The records and inventory of 872
alcoholic beverages shall be open to inspection at any time by the 873
Director of the Alcoholic Beverage Control Division or any duly 874
authorized agent. 875
(10) The department may promulgate rules facilitating a 876
retailer's on-site pickup of alcoholic beverages sold by the 877
department or as authorized by the department, including, but not 878
limited to, native wines, native spirits, or craft spirits, so 879
that those alcoholic beverages may be delivered to the retailer at 880
the manufacturer's location instead of via shipment from the 881
department's warehouse. 882
(11) * * * This section shall not apply to alcoholic 883
beverages authorized to be sold by the holder of a distillery 884
retailer's permit or a festival * * * permit. 885
* * * 886
(12) (a) An individual resident of this state who is at 887
least twenty-one (21) years of age may purchase wine from a winery 888
and have the purchase shipped into this state so long as it is 889
shipped to a package retailer permittee in Mississippi; however, 890
the permittee shall pay to the department all taxes, fees and 891
surcharges on the wine that are imposed upon the sale of wine 892
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shipped by the department or its warehouse operator. No credit 893
shall be provided to the permittee for any taxes paid to another 894
state as a result of the transaction. Package retailers may 895
charge a service fee for receiving and handling shipments from 896
wineries on behalf of the purchasers. The department shall 897
develop and provide forms to be completed by the package retailer 898
permittees verifying the transaction. The completed forms shall 899
be forwarded to the department within a period of time prescribed 900
by the department. 901
(b) The purchaser of wine that is to be shipped to a 902
package retailer's store shall be required to get the prior 903
approval of the package retailer before any wine is shipped to the 904
package retailer. A purchaser is limited to no more than ten (10) 905
cases of wine per year to be shipped to a package retailer. A 906
package retailer shall notify a purchaser of wine within two (2) 907
days after receiving the shipment of wine. If the purchaser of 908
the wine does not pick up or take the wine from the package 909
retailer within thirty (30) days after being notified by the 910
package retailer, the package retailer may sell the wine as part 911
of his inventory. 912
(c) Shipments of wine into this state under this 913
section shall be made by a duly licensed carrier. It shall be the 914
duty of every common or contract carrier, and of every firm or 915
corporation that shall bring, carry or transport wine from outside 916
the state for delivery inside the state to package retailer 917
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permittees on behalf of consumers, to prepare and file with the 918
department, on a schedule as determined by the department, of 919
known wine shipments containing the name of the common or contract 920
carrier, firm or corporation making the report, the period of time 921
covered by said report, the name and permit number of the winery, 922
the name and permit number of the package retailer permittee 923
receiving such wine, the weight of the package delivered to each 924
package retailer permittee, a unique tracking number, and the date 925
of delivery. Reports received by the department shall be made 926
available by the department to the public via the Mississippi 927
Public Records Act process in the same manner as other state 928
alcohol filings. 929
Upon the department's request, any records supporting the 930
report shall be made available to the department within a 931
reasonable time after the department makes a written request for 932
such records. Any records containing information relating to such 933
reports shall be kept and preserved for a period of two (2) years, 934
unless their destruction sooner is authorized, in writing, by the 935
department, and shall be open and available to inspection by the 936
department upon the department's written request. Reports shall 937
also be made available to any law enforcement or regulatory body 938
in the state in which the railroad company, express company, 939
common or contract carrier making the report resides or does 940
business. 941
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Any common or contract carrier that willfully fails to make 942
reports, as provided by this section or any of the rules and 943
regulations of the department for the administration and 944
enforcement of this section, is subject to a notification of 945
violation. In the case of a continuing failure to make reports, 946
the common or contract carrier is subject to possible license 947
suspension and revocation at the department's discretion. 948
(d) A winery that ships wine under this section shall 949
be deemed to have consented to the jurisdiction of the courts of 950
this state, of the department, of any other state agency regarding 951
the enforcement of this section, and of any related law, rules or 952
regulations. 953
(e) Any person who makes, participates in, transports, 954
imports or receives a shipment in violation of this section is 955
guilty of a misdemeanor and, upon conviction thereof, shall be 956
punished by a fine of One Thousand Dollars ($1,000.00) or 957
imprisonment in the county jail for not more than six (6) months, 958
or both. Each shipment shall constitute a separate offense. 959
(13) If any provision of this article, or its application to 960
any person or circumstance, is determined by a court to be invalid 961
or unconstitutional, the remaining provisions shall be construed 962
in accordance with the intent of the Legislature to further limit 963
rather than expand commerce in alcoholic beverages to protect the 964
health, safety, and welfare of the state's residents, and to 965
enhance strict regulatory control over taxation, distribution and 966
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sale of alcoholic beverages through the three-tier regulatory 967
system imposed by this article upon all alcoholic beverages to 968
curb relationships and practices calculated to stimulate sales and 969
impair the state's policy favoring trade stability and the 970
promotion of temperance. 971
SECTION 6. Section 27-71-5, Mississippi Code of 1972, is 972
amended as follows: 973
27-71-5. (1) Upon each person approved for a permit under 974
the provisions of the Alcoholic Beverage Control Law and 975
amendments thereto, there is levied and imposed for each location 976
for the privilege of engaging and continuing in this state in the 977
business authorized by such permit, an annual privilege license 978
tax in the amount provided in the following schedule: 979
(a) Except as otherwise provided in this subsection 980
(1), manufacturer's permit, Class 1, distiller's and/or 981
rectifier's: 982
(i) For a permittee with annual production of 983
five thousand (5,000) gallons or more.................... $4,500.00 984
(ii) For a permittee with annual production under 985
five thousand (5,000) gallons............................ $2,800.00 986
(b) Manufacturer's permit, Class 2, wine 987
manufacturer............................................. $1,800.00 988
(c) Manufacturer's permit, Class 3, native wine 989
manufacturer per ten thousand (10,000) gallons or part thereof 990
produced................................................. $ 10.00 991
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(d) Manufacturer's permit, Class 4, native spirit 992
manufacturer per one thousand (1,000) gallons or part thereof 993
produced................................................. $ 300.00 994
(e) Native wine retailer's permit............. $ 50.00 995
(f) Package retailer's permit, each........... $ 900.00 996
(g) On-premises retailer's permit, except for clubs and 997
common carriers, each.................................... $ 450.00 998
(h) On-premises retailer's permit for wine of more than 999
five percent (5%) alcohol by weight, but not more than twenty-one 1000
percent (21%) alcohol by weight, each.................... $ 225.00 1001
(i) On-premises retailer's permit for clubs... $ 225.00 1002
(j) On-premises retailer's permit for common carriers, 1003
per car, plane, or other vehicle......................... $ 120.00 1004
(k) Solicitor's permit, regardless of any other 1005
provision of law, solicitor's permits shall be issued only in the 1006
discretion of the department............................. $ 100.00 1007
(l) Filing fee for each application except for an 1008
employee identification card............................. $ 25.00 1009
(m) Temporary permit, Class 1, each........... $ 10.00 1010
(n) Temporary permit, Class 2, each........... $ 50.00 1011
(o) (i) Caterer's permit..................... $ 600.00 1012
(ii) Caterer's permit for holders of on-premises 1013
retailer's permit........................................ $ 150.00 1014
(p) Research permit........................... $ 100.00 1015
(q) Temporary permit, Class 3 (wine only)..... $ 10.00 1016
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(r) Special service permit.................... $ 225.00 1017
(s) Merchant permit........................... $ 225.00 1018
(t) Temporary alcoholic beverages charitable auction 1019
permit................................................... $ 10.00 1020
(u) Event venue retailer's permit............. $ 225.00 1021
(v) Temporary theatre permit, each............ $ 10.00 1022
(w) Charter ship operator's permit............ $ 100.00 1023
(x) Distillery retailer's permit.............. $ 450.00 1024
(y) Festival permit........................... $ 10.00 1025
(z) Charter vessel operator's permit.......... $ 100.00 1026
(aa) Native or craft spirit retailer's permit, 1027
each..................................................... $ 50.00 1028
(ab) Delivery service permit.................. $ 500.00 1029
(ac) Food truck permit........................ $ 100.00 1030
(ad) On-premises tobacco permit............... $ 450.00 1031
(ae) Direct wine shipper's permit............. $ 100.00 1032
(af) Wine fulfillment provider's permit....... $ 100.00 1033
(ag) Manufacturer's permit, Class 5, craft spirit 1034
manufacturer per one thousand (1,000) gallons or part thereof 1035
produced,............................................... $ 300.00, 1036
but not to exceed $3,000.00. 1037
In addition to the filing fee imposed by paragraph (l) of 1038
this subsection, a fee to be determined by the Department of 1039
Revenue may be charged to defray costs incurred to process 1040
applications. The additional fees shall be paid into the State 1041
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Treasury to the credit of a special fund account, which is hereby 1042
created, and expenditures therefrom shall be made only to defray 1043
the costs incurred by the Department of Revenue in processing 1044
alcoholic beverage applications. Any unencumbered balance 1045
remaining in the special fund account on June 30 of any fiscal 1046
year shall lapse into the State General Fund. 1047
All privilege taxes imposed by this section shall be paid in 1048
advance of doing business. A new permittee whose privilege tax is 1049
determined by production volume will pay the tax for the first 1050
year in accordance with department regulations. The additional 1051
privilege tax imposed for an on-premises retailer's permit based 1052
upon purchases shall be due and payable on demand. 1053
* * * 1054
(2) (a) There is imposed and shall be collected from each 1055
permittee, except a common carrier, solicitor, temporary 1056
permittee, delivery service permittee or direct wine shipper's 1057
permittee, by the department, an additional license tax equal to 1058
the amounts imposed under subsection (1) of this section for the 1059
privilege of doing business within any municipality or county in 1060
which the licensee is located. 1061
(b) (i) In addition to the tax imposed in paragraph 1062
(a) of this subsection, there is imposed and shall be collected by 1063
the department from each permittee described in subsection (1)(g), 1064
(h), (i), (n) and (u) of this section, an additional license tax 1065
for the privilege of doing business within any municipality or 1066
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county in which the licensee is located in the amount of Two 1067
Hundred Twenty-five Dollars ($225.00) on purchases exceeding Five 1068
Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars 1069
($225.00) for each additional purchase of Five Thousand Dollars 1070
($5,000.00), or fraction thereof. 1071
(ii) In addition to the tax imposed in paragraph 1072
(a) of this subsection, there is imposed and shall be collected by 1073
the department from each permittee described in subsection (1)(o) 1074
and (s) of this section, an additional license tax for the 1075
privilege of doing business within any municipality or county in 1076
which the licensee is located in the amount of Two Hundred Fifty 1077
Dollars ($250.00) on purchases exceeding Five Thousand Dollars 1078
($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each 1079
additional purchase of Five Thousand Dollars ($5,000.00), or 1080
fraction thereof. 1081
(iii) Any person who has paid the additional 1082
privilege license tax imposed by this paragraph, and whose permit 1083
is renewed, may add any unused fraction of Five Thousand Dollars 1084
($5,000.00) purchases to the first Five Thousand Dollars 1085
($5,000.00) purchases authorized by the renewal permit, and no 1086
additional license tax will be required until purchases exceed the 1087
sum of the two (2) figures. 1088
(c) If the licensee is located within a municipality, 1089
the department shall pay the amount of additional license tax 1090
collected under this section to the municipality, and if outside a 1091
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municipality the department shall pay the additional license tax 1092
to the county in which the licensee is located. Payments by the 1093
department to the respective local government subdivisions shall 1094
be made once each month for any collections during the preceding 1095
month. 1096
(3) When an application for any permit, other than for 1097
renewal of a permit, has been rejected by the department, such 1098
decision shall be final. Appeal may be made in the manner 1099
provided by Section 67-1-39. Another application from an 1100
applicant who has been denied a permit shall not be reconsidered 1101
within a twelve-month period. 1102
(4) The number of permits issued by the department shall not 1103
be restricted or limited on a population basis; however, the 1104
foregoing limitation shall not be construed to preclude the right 1105
of the department to refuse to issue a permit because of the 1106
undesirability of the proposed location. 1107
(5) If any person shall engage or continue in any business 1108
which is taxable under this section without having paid the tax as 1109
provided in this section, the person shall be liable for the full 1110
amount of the tax plus a penalty thereon equal to the amount 1111
thereof, and, in addition, shall be punished by a fine of not more 1112
than One Thousand Dollars ($1,000.00), or by imprisonment in the 1113
county jail for a term of not more than six (6) months, or by both 1114
such fine and imprisonment, in the discretion of the court. 1115
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(6) It shall be unlawful for any person to consume alcoholic 1116
beverages on the premises of any hotel restaurant, restaurant, 1117
club or the interior of any public place defined in Chapter 1, 1118
Title 67, Mississippi Code of 1972, when the owner or manager 1119
thereof displays in several conspicuous places inside the 1120
establishment and at the entrances of establishment a sign 1121
containing the following language: NO ALCOHOLIC BEVERAGES 1122
ALLOWED. 1123
SECTION 7. Section 27-71-11, Mississippi Code of 1972, is 1124
amended as follows: 1125
27-71-11. (1) The department shall from time to time by 1126
resolution request the State Bond Commission to provide sufficient 1127
funds required to maintain an adequate alcoholic beverage 1128
inventory. Said funds shall be provided under the provisions of 1129
Chapter 557, Laws of 1966. 1130
(2) The department shall add to the cost of all alcoholic 1131
beverages shipped from the department warehouse a markup of 1132
twenty-seven and one-half percent (27-1/2%), inclusive of the 1133
three percent (3%) markup imposed by Section 27-71-7(2). 1134
(3) In addition to other excise taxes and markups imposed in 1135
this section and in Section 27-71-7, the department shall add to 1136
the cost of all alcoholic beverages shipped a charge of 1137
Twenty-five Cents (25¢) per case, to be deposited into the ABC 1138
Warehouse Improvements Fund created in Section 67-1-211(2). 1139
However, any unobligated amounts above Ten Million Dollars 1140
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($10,000,000.00) remaining in the ABC Warehouse Improvements Fund 1141
at the end of a fiscal year shall be transferred to the State 1142
General Fund. 1143
(4) Notwithstanding the contract for warehouse and 1144
distribution operations under Section 67-1-205, the department 1145
shall remain responsible for purchasing and selling alcoholic 1146
beverages. The department shall sell alcoholic beverages at 1147
uniform prices throughout the state. Pricing for all alcoholic 1148
beverages shall be set by the addition of the markup and taxes to 1149
the price at which the beverages were purchased by the department. 1150
(5) A permittee's order shall qualify for shipping when it 1151
includes the minimum number of cases of alcoholic beverages as set 1152
by the department. The department shall place qualifying orders 1153
in a queue for shipment in the order in which the orders are made. 1154
An order of fewer than the minimum number of cases, and special 1155
orders, shall be added to the permittee's next qualified shipment. 1156
The department shall give sufficient notice of any change in the 1157
minimum number of cases for shipping and shall allow the 1158
opportunity for comment. 1159
(6) The department shall set a per-case shipping fee to be 1160
charged to permittees. The department shall adjust the fee to 1161
match, as closely as possible, the shipping costs as defined in 1162
Section 67-1-201. The shipping fee charged under this subsection 1163
shall be deposited to the credit of the ABC Shipping Fund created 1164
in Section 27-71-29. 1165
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ST: Native wineries and native distilleries;
update tax and permit provisions, and allow in
state direct shipment.
(7) The department shall charge manufacturers a bailment fee 1166
of One Dollar and Fifty Cents ($1.50) per case of alcoholic 1167
beverages stored in the warehouse, to be deposited to the credit 1168
of the bond sinking fund created in Section 7(3) of Chapter 483, 1169
Laws of 2022. 1170
SECTION 8. Section 1 of this act shall be codified in 1171
Chapter 1, Title 67, Mississippi Code of 1972. 1172
SECTION 9. This act shall take effect and be in force from 1173
and after its passage. 1174