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To: Finance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) England
SENATE BILL NO. 2914
AN ACT TO AMEND SECTIONS 67-1-301, 67-1-303, 67-1-305, 1
67-1-307, 67-1-309, 67-1-311, 67-1-313 AND 67-1-317, MISSISSIPPI 2
CODE OF 1972, WHICH ARE SECTIONS OF LAW THAT AUTHORIZE AND 3
REGULATE THE SELLING AND SHIPPING OF WINE DIRECTLY TO RESIDENTS OF 4
THIS STATE, TO AUTHORIZE THE SELLING AND SHIPPING OF DISTILLED 5
SPIRITS DIRECTLY TO RESIDENTS OF THIS STATE UNDER SIMILAR 6
REGULATION; TO REVISE THE DEFINITIONS OF CERTAIN TERMS AND TO 7
DEFINE THE TERM "DISTILLED SPIRITS" FOR THE PURPOSES OF SUCH 8
SECTIONS OF LAW; TO AMEND SECTIONS 27-71-5 AND 27-71-7, 9
MISSISSIPPI CODE OF 1972, TO PROVIDE THE PRIVILEGE TAX REQUIRED 10
FOR THE ISSUANCE OF A DIRECT SHIPPER'S PERMIT INSTEAD OF THE 11
ISSUANCE OF A DIRECT WINE SHIPPER'S PERMIT; TO LEVY A TAX ON THE 12
SALES AND SHIPMENTS OF DISTILLED SPIRITS MADE BY A DIRECT SHIPPER; 13
TO AMEND SECTIONS 27-71-15, 67-1-45, 67-1-51, 67-1-53, 67-1-55, 14
67-1-57 AND 67-1-73, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO 15
THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 67-1-301, Mississippi Code of 1972, is 18
amended as follows: 19
67-1-301. As used in this article, the following words shall 20
have the meanings as defined in this section unless the context 21
otherwise requires: 22
(a) "Common carrier" means a person that holds itself 23
out to the general public as engaged in the business of 24
transporting goods for a fee and is engaged in the business of 25
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transporting and delivering * * * wine and/or distilled spirits 26
from a direct * * * shipper directly to a consumer or fulfillment 27
provider, or from a fulfillment provider to a consumer, in this 28
state. 29
(b) "Department" means the Department of Revenue. 30
(c) "Direct * * * shipper" means a wine and/or 31
distilled spirits manufacturer or a fulfillment provider that 32
holds a direct * * * shipper's permit under Section 67-1-51 and 33
meets the requirements of this article. 34
(d) "Fulfillment provider" means a person or entity 35
acting on behalf of a direct * * * shipper to ship wine and/or 36
distilled spirits to a consumer and arranges for transport of wine 37
and/or distilled spirits to the consumer by a common carrier. 38
(e) "Wine" means any product obtained from the 39
alcoholic fermentation of the juice of sound, ripe grapes, fruits 40
or berries, made in accordance with the revenue laws of the United 41
States, and containing more than five percent (5%) of alcohol by 42
weight. 43
(f) "Distilled spirits" means any beverage containing 44
more than six percent (6%) of alcohol by weight produced by 45
distillation of fermented grain, starch, molasses or sugar, 46
including dilutions and mixtures of these beverages. 47
In addition, the definitions in Section 67-1-5 shall apply to 48
the terms used in this article, unless the context requires 49
otherwise. 50
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SECTION 2. Section 67-1-303, Mississippi Code of 1972, is 51
amended as follows: 52
67-1-303. A person must hold a direct * * * shipper's permit 53
before the person may engage in selling and shipping wine and/or 54
distilled spirits directly to a resident in this state. A 55
direct * * * shipper may sell and ship wine and/or distilled 56
spirits directly to residents in this state without being required 57
to transact the sale and shipment through the division. 58
SECTION 3. Section 67-1-305, Mississippi Code of 1972, is 59
amended as follows: 60
67-1-305. To qualify for a direct * * * shipper's permit, an 61
applicant shall be: 62
(a) A holder of a Class 1, Class 2 or Class 3 63
manufacturer's permit issued in accordance with Section 67-1-51; 64
or 65
(b) A person licensed or permitted outside of this 66
state to engage in the activity of manufacturing wine and/or 67
distilled spirits. 68
SECTION 4. Section 67-1-307, Mississippi Code of 1972, is 69
amended as follows: 70
67-1-307. (1) An applicant for a direct * * * shipper's 71
permit shall: 72
(a) Submit to the department a completed application on 73
a form provided by the department, containing all information that 74
is required by the department; 75
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(b) Provide to the department a copy of the applicant's 76
current license or permit to engage in the activity of 77
manufacturing wine and/or distilled spirits issued in this or any 78
other state; and 79
(c) Pay to the department the tax prescribed in Section 80
27-71-5. 81
(2) After a person complies with the provisions of 82
subsection (1) of this section, the department may conduct any 83
investigation as it considers necessary regarding the issuance of 84
a direct * * * shipper's permit, and the department shall issue 85
such permit to the applicant if the requirements of this article 86
are met. 87
SECTION 5. Section 67-1-309, Mississippi Code of 1972, is 88
amended as follows: 89
67-1-309. (1) A direct * * * shipper shall: 90
(a) Ensure that all containers of wine and/or distilled 91
spirits sold and shipped directly to a resident in this state are 92
conspicuously labeled with the words "CONTAINS ALCOHOL: SIGNATURE 93
OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY"; 94
(b) Report to the department quarterly the total amount 95
of wine and/or distilled spirits, by type, sold and shipped into 96
or within the state the preceding calendar year, and other 97
information required by the department under its rules and 98
regulations adopted pursuant to Section 67-1-315; 99
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(c) Maintain for at least three (3) years all records 100
that allow the department to ascertain the truthfulness of the 101
information filed under this article; 102
(d) Allow the department to perform an audit of the 103
direct * * * shipper's records upon request; and 104
(e) Be deemed to have consented to the jurisdiction of 105
the department or any other state agency and the state courts 106
concerning enforcement of this article and any related laws, rules 107
or regulations. 108
(2) A direct * * * shipper shall not: 109
(a) Sell or ship any light wine or beer that is 110
regulated under Section 67-3-1 et seq. or any alcoholic beverage 111
other than wine and/or distilled spirits; 112
(b) Sell or ship wine and/or distilled spirits 113
that * * * are contracted through Mississippi distributors, 114
brokers, and solicitors within the state. Wines and/or distilled 115
spirits which are very limited in quantity and are commonly 116
referred to by the broker as highly allocated items noted as 117
"Allocated Item - See Broker" on the TAP Alcoholic Beverage 118
Control Division of the Department of Revenue website are eligible 119
for sale at a package retailer and also through direct shipment by 120
a direct shipper; or 121
(c) Sell or ship more than twelve (12) nine–liter cases 122
of wine and/or distilled spirits annually to any one (1) address. 123
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SECTION 6. Section 67-1-311, Mississippi Code of 1972, is 124
amended as follows: 125
67-1-311. A direct * * * shipper may annually renew his or 126
her direct * * * shipper's permit, if the direct * * * shipper: 127
(a) Is otherwise entitled to receive a direct * * * 128
shipper's permit; 129
(b) Provides to the department a copy of his or her 130
current license or permit to engage in the activity of 131
manufacturing wine and/or distilled spirits issued in this or any 132
other state; and 133
(c) Pays to the department a renewal fee as prescribed 134
in Section 27-71-5. 135
SECTION 7. Section 67-1-313, Mississippi Code of 1972, is 136
amended as follows: 137
67-1-313. (1) To purchase and receive a direct shipment of 138
wine and/or distilled spirits from a direct * * * shipper, a 139
resident of this state must be at least twenty-one (21) years of 140
age, and a person who is at least twenty-one (21) years of age 141
must sign for any wine and/or distilled spirits shipped from a 142
direct * * * shipper. 143
(2) A shipment of wine and/or distilled spirits may be 144
ordered or purchased from a direct * * * shipper through a 145
computer network. 146
(3) A person who receives a direct shipment of wine and/or 147
distilled spirits from a direct * * * shipper shall use the wine 148
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and/or distilled spirits for personal consumption only and may not 149
resell it. 150
SECTION 8. Section 67-1-317, Mississippi Code of 1972, is 151
amended as follows: 152
67-1-317. (1) Any person who makes, participates in, 153
transports, imports or receives a sale or shipment of wine and/or 154
distilled spirits in violation of this article shall be subject to 155
a civil penalty not exceeding One Thousand Dollars ($1,000.00). 156
Each sale or shipment in violation of this article shall 157
constitute a separate offense subject to the civil penalty. 158
(2) If any holder of a direct * * * shipper's permit 159
violates any provision of this article, the department may suspend 160
or revoke the permit and impose civil penalties as authorized 161
under Section 67-1-1 et seq. 162
(3) Notwithstanding subsection (1) of this section, a 163
consumer who receives a direct shipment of wine and/or distilled 164
spirits in compliance with the conditions in this article, and who 165
is of legal age as specified in Section 67-1-313, shall not be 166
subject to penalties under this section for merely receiving such 167
a shipment. This exemption applies if the consumer reasonably 168
believes the shipment is in accordance with the permits and 169
regulatory requirements established by the state. 170
SECTION 9. Section 27-71-5, Mississippi Code of 1972, is 171
amended as follows: 172
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27-71-5. (1) Upon each person approved for a permit under 173
the provisions of the Alcoholic Beverage Control Law and 174
amendments thereto, there is levied and imposed for each location 175
for the privilege of engaging and continuing in this state in the 176
business authorized by such permit, an annual privilege license 177
tax in the amount provided in the following schedule: 178
(a) Except as otherwise provided in this subsection 179
(1), manufacturer's permit, Class 1, distiller's and/or 180
rectifier's: 181
(i) For a permittee with annual production of 182
five thousand (5,000) gallons or more.................... $4,500.00 183
(ii) For a permittee with annual production under 184
five thousand (5,000) gallons............................ $2,800.00 185
(b) Manufacturer's permit, Class 2, wine 186
manufacturer............................................. $1,800.00 187
(c) Manufacturer's permit, Class 3, native wine 188
manufacturer per ten thousand (10,000) gallons or part thereof 189
produced................................................. $ 10.00 190
(d) Manufacturer's permit, Class 4, native spirit 191
manufacturer per one thousand (1,000) gallons or part thereof 192
produced................................................. $ 300.00 193
(e) Native wine retailer's permit............. $ 50.00 194
(f) Package retailer's permit, each........... $ 900.00 195
(g) On-premises retailer's permit, except for clubs and 196
common carriers, each.................................... $ 450.00 197
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(h) On-premises retailer's permit for wine of more than 198
five percent (5%) alcohol by weight, but not more than twenty-one 199
percent (21%) alcohol by weight, each.................... $ 225.00 200
(i) On-premises retailer's permit for clubs... $ 225.00 201
(j) On-premises retailer's permit for common carriers, 202
per car, plane, or other vehicle......................... $ 120.00 203
(k) Solicitor's permit, regardless of any other 204
provision of law, solicitor's permits shall be issued only in the 205
discretion of the department............................. $ 100.00 206
(l) Filing fee for each application except for an 207
employee identification card............................. $ 25.00 208
(m) Temporary permit, Class 1, each........... $ 10.00 209
(n) Temporary permit, Class 2, each........... $ 50.00 210
(o) (i) Caterer's permit..................... $ 600.00 211
(ii) Caterer's permit for holders of on-premises 212
retailer's permit........................................ $ 150.00 213
(p) Research permit........................... $ 100.00 214
(q) Temporary permit, Class 3 (wine only)..... $ 10.00 215
(r) Special service permit.................... $ 225.00 216
(s) Merchant permit........................... $ 225.00 217
(t) Temporary alcoholic beverages charitable auction 218
permit................................................... $ 10.00 219
(u) Event venue retailer's permit............. $ 225.00 220
(v) Temporary theatre permit, each............ $ 10.00 221
(w) Charter ship operator's permit............ $ 100.00 222
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(x) Distillery retailer's permit.............. $ 450.00 223
(y) Festival permit.......................... $ 10.00 224
(z) Charter vessel operator's permit.......... $ 100.00 225
(aa) Native or craft spirit retailer's permit, 226
each..................................................... $ 50.00 227
(ab) Delivery service permit.................. $ 500.00 228
(ac) Food truck permit........................ $ 100.00 229
(ad) On-premises tobacco permit............... $ 450.00 230
(ae) Direct * * * shipper's permit............ $ 100.00 231
(af) Wine and/or distilled spirits fulfillment 232
provider's permit........................................ $ 100.00 233
(ag) Manufacturer's permit, Class 5, craft spirit 234
manufacturer per one thousand (1,000) gallons or part thereof 235
produced * * *.......................................... $ 300.00, 236
but not to exceed $3,000.00. 237
In addition to the filing fee imposed by paragraph (l) of 238
this subsection, a fee to be determined by the Department of 239
Revenue may be charged to defray costs incurred to process 240
applications. The additional fees shall be paid into the State 241
Treasury to the credit of a special fund account, which is hereby 242
created, and expenditures therefrom shall be made only to defray 243
the costs incurred by the Department of Revenue in processing 244
alcoholic beverage applications. Any unencumbered balance 245
remaining in the special fund account on June 30 of any fiscal 246
year shall lapse into the State General Fund. 247
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All privilege taxes imposed by this section shall be paid in 248
advance of doing business. A new permittee whose privilege tax is 249
determined by production volume will pay the tax for the first 250
year in accordance with department regulations. The additional 251
privilege tax imposed for an on-premises retailer's permit based 252
upon purchases shall be due and payable on demand. 253
Paragraph (y) of this subsection shall stand repealed from 254
and after July 1, 2026. 255
(2) (a) There is imposed and shall be collected from each 256
permittee, except a common carrier, solicitor, temporary 257
permittee, delivery service permittee or direct wine shipper's 258
permittee, by the department, an additional license tax equal to 259
the amounts imposed under subsection (1) of this section for the 260
privilege of doing business within any municipality or county in 261
which the licensee is located. 262
(b) (i) In addition to the tax imposed in paragraph 263
(a) of this subsection, there is imposed and shall be collected by 264
the department from each permittee described in subsection (1)(g), 265
(h), (i), (n) and (u) of this section, an additional license tax 266
for the privilege of doing business within any municipality or 267
county in which the licensee is located in the amount of Two 268
Hundred Twenty-five Dollars ($225.00) on purchases exceeding Five 269
Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars 270
($225.00) for each additional purchase of Five Thousand Dollars 271
($5,000.00), or fraction thereof. 272
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(ii) In addition to the tax imposed in paragraph 273
(a) of this subsection, there is imposed and shall be collected by 274
the department from each permittee described in subsection (1)(o) 275
and (s) of this section, an additional license tax for the 276
privilege of doing business within any municipality or county in 277
which the licensee is located in the amount of Two Hundred Fifty 278
Dollars ($250.00) on purchases exceeding Five Thousand Dollars 279
($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each 280
additional purchase of Five Thousand Dollars ($5,000.00), or 281
fraction thereof. 282
(iii) Any person who has paid the additional 283
privilege license tax imposed by this paragraph, and whose permit 284
is renewed, may add any unused fraction of Five Thousand Dollars 285
($5,000.00) purchases to the first Five Thousand Dollars 286
($5,000.00) purchases authorized by the renewal permit, and no 287
additional license tax will be required until purchases exceed the 288
sum of the two (2) figures. 289
(c) If the licensee is located within a municipality, 290
the department shall pay the amount of additional license tax 291
collected under this section to the municipality, and if outside a 292
municipality the department shall pay the additional license tax 293
to the county in which the licensee is located. Payments by the 294
department to the respective local government subdivisions shall 295
be made once each month for any collections during the preceding 296
month. 297
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(3) When an application for any permit, other than for 298
renewal of a permit, has been rejected by the department, such 299
decision shall be final. Appeal may be made in the manner 300
provided by Section 67-1-39. Another application from an 301
applicant who has been denied a permit shall not be reconsidered 302
within a twelve-month period. 303
(4) The number of permits issued by the department shall not 304
be restricted or limited on a population basis; however, the 305
foregoing limitation shall not be construed to preclude the right 306
of the department to refuse to issue a permit because of the 307
undesirability of the proposed location. 308
(5) If any person shall engage or continue in any business 309
which is taxable under this section without having paid the tax as 310
provided in this section, the person shall be liable for the full 311
amount of the tax plus a penalty thereon equal to the amount 312
thereof, and, in addition, shall be punished by a fine of not more 313
than One Thousand Dollars ($1,000.00), or by imprisonment in the 314
county jail for a term of not more than six (6) months, or by both 315
such fine and imprisonment, in the discretion of the court. 316
(6) It shall be unlawful for any person to consume alcoholic 317
beverages on the premises of any hotel restaurant, restaurant, 318
club or the interior of any public place defined in Chapter 1, 319
Title 67, Mississippi Code of 1972, when the owner or manager 320
thereof displays in several conspicuous places inside the 321
establishment and at the entrances of establishment a sign 322
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containing the following language: NO ALCOHOLIC BEVERAGES 323
ALLOWED. 324
SECTION 10. Section 27-71-7, Mississippi Code of 1972, is 325
amended as follows: 326
27-71-7. (1) There is hereby levied and assessed an excise 327
tax upon each case of alcoholic beverages sold by the department 328
to be collected from each retail licensee at the time of sale in 329
accordance with the following schedule: 330
(a) Distilled spirits.................. $2.50 per gallon 331
(b) Sparkling wine and champagne....... $1.00 per gallon 332
(c) Other wines, including native 333
wines............................................. $ .35 per gallon 334
(2) (a) In addition to the tax levied by subsection (1) of 335
this section, and in addition to any other markup collected, the 336
division shall collect a markup of three percent (3%) on all 337
alcoholic beverages, as defined in Section 67-1-5, Mississippi 338
Code of 1972, which are sold by the division. The proceeds of the 339
markup shall be collected by the division from each purchaser at 340
the time of purchase. 341
(b) Until June 30, 1987, the revenue derived from this 342
three percent (3%) markup shall be deposited by the division in 343
the State Treasury to the credit of the "Alcoholism Treatment and 344
Rehabilitation Fund," a special fund which is hereby created in 345
the State Treasury, and shall be used by the Division of Alcohol 346
and Drug Abuse of the State Department of Mental Health and public 347
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or private centers or organizations solely for funding of 348
treatment and rehabilitation programs for alcoholics and alcohol 349
abusers which are sponsored by the division or public or private 350
centers or organizations in such amounts as the Legislature may 351
appropriate to the division for use by the division or public or 352
private centers or organizations for such programs. Any tax 353
revenue in the fund which is not encumbered at the end of the 354
fiscal year shall lapse to the General Fund. It is the intent of 355
the Legislature that the State Department of Mental Health shall 356
continue to seek funds from other sources and shall use the funds 357
appropriated for the purposes of this section and Section 27-71-29 358
to match all federal funds which may be available for alcoholism 359
treatment and rehabilitation. 360
From and after July 1, 1987, the revenue derived from this 361
three percent (3%) markup shall be deposited by the division in 362
the State Treasury to the credit of the "Mental Health Programs 363
Fund," a special fund which is hereby created in the State 364
Treasury and shall be used by the State Department of Mental 365
Health for the service programs of the department. Any revenue in 366
the "Alcoholism Treatment and Rehabilitation Fund" which is not 367
encumbered at the end of Fiscal Year 1987 shall be deposited to 368
the credit of the "Mental Health Programs Fund." 369
(3) There is levied and assessed upon the holder of a 370
direct * * * shipper's permit, a tax in the amount of fifteen and 371
one-half percent (15.5%) of the sales price of each sale and 372
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shipment of wine and/or distilled spirits made to a resident in 373
this state. The holder of a direct * * * shipper's permit shall 374
file a monthly report with the department along with a copy of the 375
invoice for each sale and shipment of wine and/or distilled 376
spirits and remit any taxes due; however, no report shall be 377
required for months in which no sales or shipments were made into 378
this state. The report, together with copies of the invoices and 379
the payment of all taxes, shall be filed with the department not 380
later than the twentieth day of the month following the month in 381
which the shipment was made. Permittees who fail to timely file 382
and pay taxes as required by this subsection shall pay a late fee 383
in the amount of Fifty Dollars ($50.00), in addition to any other 384
penalty authorized by this article. 385
SECTION 11. Section 27-71-15, Mississippi Code of 1972, is 386
amended as follows: 387
27-71-15. Except as otherwise provided in Section 67-9-1 for 388
the transportation of limited amounts of alcoholic beverages for 389
the use of an alcohol processing permittee, and in Sections 390
67-1-301 to 67-1-317 for the sale and shipment of wine and/or 391
distilled spirits by the holder of a direct * * * shipper's 392
permit, if transportation requires passage through a county which 393
has not authorized the sale of alcoholic beverages, such 394
transportation shall be by a sealed vehicle. Such seal shall 395
remain unbroken until the vehicle shall reach the place of 396
business operated by the permittee. The operator of any vehicle 397
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transporting alcoholic beverages shall have in his possession an 398
invoice issued by the department at the time of the wholesale sale 399
covering the merchandise transported by the vehicle. The 400
department is authorized to issue regulations controlling the 401
transportation of alcoholic beverages. 402
When the restrictions imposed by this section and by the 403
regulation of the department have not been violated, the person 404
transporting alcoholic beverages through a county wherein the sale 405
of alcoholic beverages is prohibited shall not be guilty of 406
unlawful possession and such merchandise shall be immune from 407
seizure. 408
SECTION 12. Section 67-1-45, Mississippi Code of 1972, is 409
amended as follows: 410
67-1-45. No manufacturer, rectifier or distiller of 411
alcoholic beverages shall sell or attempt to sell any such 412
alcoholic beverages, except malt liquor, within the State of 413
Mississippi, except to the department, or as provided in Section 414
67-1-41, or pursuant to Section 67-1-51. A producer of native 415
wine, native spirit, or craft spirit may sell native wines, native 416
spirits, or craft spirits, respectively, to the department or to 417
consumers at the location of the native winery, native distillery, 418
craft distillery, or its other tasting room locations. The holder 419
of a direct * * * shipper's permit may sell wines and/or distilled 420
spirits directly to residents in this state as authorized by 421
Sections 67-1-301 through 67-1-317. 422
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Any violation of this section by any manufacturer, rectifier 423
or distiller shall be punished by a fine of not less than Five 424
Hundred Dollars ($500.00), and not more than Two Thousand Dollars 425
($2,000.00), to which may be added imprisonment in the county jail 426
not to exceed six (6) months. 427
SECTION 13. Section 67-1-51, Mississippi Code of 1972, is 428
amended as follows: 429
67-1-51. (1) Permits which may be issued by the department 430
shall be as follows: 431
(a) Manufacturer's permit. A manufacturer's permit 432
shall permit the manufacture, importation in bulk, bottling and 433
storage of alcoholic liquor and its distribution and sale to 434
manufacturers holding permits under this article in this state and 435
to persons outside the state who are authorized by law to purchase 436
the same, and to sell as provided by this article. 437
Manufacturer's permits shall be of the following classes: 438
Class 1. Distiller's and/or rectifier's permit, which shall 439
authorize the holder thereof to operate a distillery for the 440
production of distilled spirits by distillation or redistillation 441
and/or to operate a rectifying plant for the purifying, refining, 442
mixing, blending, flavoring or reducing in proof of distilled 443
spirits and alcohol. 444
Class 2. Wine manufacturer's permit, which shall authorize 445
the holder thereof to manufacture, import in bulk, bottle and 446
store wine or vinous liquor. 447
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Class 3. Native wine producer's permit, which shall 448
authorize the holder thereof to produce, bottle, store and sell 449
native wines. 450
Class 4. Native spirit producer's permit, which shall 451
authorize the holder thereof to produce, bottle, store and sell 452
native spirits. 453
Class 5. Craft spirit producer's permit, which shall 454
authorize the holder thereof to perform any act or thing in the 455
process of making craft spirit, including the manufacture, 456
importation, bottling, and storage of alcoholic liquor and its 457
sale. 458
(b) Package retailer's permit. Except as otherwise 459
provided in this paragraph and Section 67-1-52, a package 460
retailer's permit shall authorize the holder thereof to operate a 461
store exclusively for the sale at retail in original sealed and 462
unopened packages of alcoholic beverages, including native wines, 463
native spirits, craft spirits, and edibles, not to be consumed on 464
the premises where sold. Alcoholic beverages shall not be sold by 465
any retailer in any package or container containing less than 466
fifty (50) milliliters by liquid measure. A package retailer's 467
permit, with prior approval from the department, shall authorize 468
the holder thereof to sample new product furnished by a 469
manufacturer's representative or his employees at the permitted 470
place of business so long as the sampling otherwise complies with 471
this article and applicable department regulations. Such samples 472
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may not be provided to customers at the permitted place of 473
business. In addition to the sale at retail of packages of 474
alcoholic beverages, the holder of a package retailer's permit is 475
authorized to sell at retail corkscrews, wine glasses, soft 476
drinks, ice, juices, mixers, other beverages commonly used to mix 477
with alcoholic beverages, and fruits and foods that have been 478
submerged in alcohol and are commonly referred to as edibles. 479
Nonalcoholic beverages sold by the holder of a package retailer's 480
permit shall not be consumed on the premises where sold. 481
(c) On-premises retailer's permit. Except as otherwise 482
provided in subsection (5) of this section, an on-premises 483
retailer's permit shall authorize the sale of alcoholic beverages, 484
including native wines, native spirits, and craft spirits, for 485
consumption on the licensed premises only; however, a patron of 486
the permit holder may remove one (1) bottle of wine from the 487
licensed premises if: (i) the patron consumed a portion of the 488
bottle of wine in the course of consuming a meal purchased on the 489
licensed premises; (ii) the permit holder securely reseals the 490
bottle; (iii) the bottle is placed in a bag that is secured in a 491
manner so that it will be visibly apparent if the bag is opened; 492
and (iv) a dated receipt for the wine and the meal is available. 493
Additionally, as part of a carryout order, a permit holder may 494
sell one (1) bottle of wine to be removed from the licensed 495
premises for every two (2) entrees ordered. In addition, an 496
on-premises retailer's permittee at a permitted premises located 497
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on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 498
Highway 90 may serve alcoholic beverages by the glass to a patron 499
in a vehicle using a drive-through method of delivery if the 500
permitted premises is located in a leisure and recreation district 501
established under Section 67-1-101. Such a sale will be 502
considered to be made on the permitted premises. An on-premises 503
retailer's permit shall be issued only to qualified hotels, 504
restaurants and clubs, small craft breweries, microbreweries, and 505
to common carriers with adequate facilities for serving 506
passengers. In resort areas, however, whether inside or outside 507
of a municipality, the department, in its discretion, may issue 508
on-premises retailer's permits to any establishments located 509
therein as it deems proper. An on-premises retailer's permit when 510
issued to a common carrier shall authorize the sale and serving of 511
alcoholic beverages aboard any licensed vehicle while moving 512
through any county of the state; however, the sale of such 513
alcoholic beverages shall not be permitted while such vehicle is 514
stopped in a county that has not legalized such sales. If an 515
on-premises retailer's permit is applied for by a common carrier 516
operating solely in the water, such common carrier must, along 517
with all other qualifications for a permit, (i) be certified to 518
carry at least one hundred fifty (150) passengers and/or provide 519
overnight accommodations for at least fifty (50) passengers and 520
(ii) operate primarily in the waters within the State of 521
Mississippi which lie adjacent to the State of Mississippi south 522
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of the three (3) most southern counties in the State of 523
Mississippi and/or on the Mississippi River or navigable waters 524
within any county bordering on the Mississippi River. 525
(d) Solicitor's permit. A solicitor's permit shall 526
authorize the holder thereof to act as salesman for a manufacturer 527
or wholesaler holding a proper permit, to solicit on behalf of his 528
employer orders for alcoholic beverages, and to otherwise promote 529
his employer's products in a legitimate manner. Such a permit 530
shall authorize the representation of and employment by one (1) 531
principal only. However, the permittee may also, in the 532
discretion of the department, be issued additional permits to 533
represent other principals. No such permittee shall buy or sell 534
alcoholic beverages for his own account, and no such beverage 535
shall be brought into this state in pursuance of the exercise of 536
such permit otherwise than through a permit issued to a wholesaler 537
or manufacturer in the state. 538
(e) Native wine retailer's permit. Except as otherwise 539
provided in subsection (5) of this section, a native wine 540
retailer's permit shall be issued only to a holder of a Class 3 541
manufacturer's permit, and shall authorize the holder thereof to 542
make retail sales of native wines to consumers for on-premises 543
consumption or to consumers in originally sealed and unopened 544
containers at an establishment located on the premises of or in 545
the immediate vicinity of a native winery. When selling to 546
consumers for on-premises consumption, a holder of a native wine 547
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retailer's permit may add to the native wine alcoholic beverages 548
not produced on the premises, so long as the total volume of 549
foreign beverage components does not exceed twenty percent (20%) 550
of the mixed beverage. Hours of sale shall be the same as those 551
authorized for on-premises permittees in the city or county in 552
which the native wine retailer is located. 553
(f) Temporary retailer's permit. Except as otherwise 554
provided in subsection (5) of this section, a temporary retailer's 555
permit shall permit the purchase and resale of alcoholic 556
beverages, including native wines and native spirits, during legal 557
hours on the premises described in the temporary permit only. 558
Temporary retailer's permits shall be of the following 559
classes: 560
Class 1. A temporary one-day permit may be issued to bona 561
fide nonprofit civic or charitable organizations authorizing the 562
sale of alcoholic beverages, including native wine, native 563
spirits, and craft spirits, for consumption on the premises 564
described in the temporary permit only. Class 1 permits may be 565
issued only to applicants demonstrating to the department, by a 566
statement signed under penalty of perjury submitted ten (10) days 567
prior to the proposed date or such other time as the department 568
may determine, that they meet the qualifications of Sections 569
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 570
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 571
alcoholic beverages from package retailers located in the county 572
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in which the temporary permit is issued. Alcoholic beverages 573
remaining in stock upon expiration of the temporary permit may be 574
returned by the permittee to the package retailer for a refund of 575
the purchase price upon consent of the package retailer or may be 576
kept by the permittee exclusively for personal use and 577
consumption, subject to all laws pertaining to the illegal sale 578
and possession of alcoholic beverages. The department, following 579
review of the statement provided by the applicant and the 580
requirements of the applicable statutes and regulations, may issue 581
the permit. 582
Class 2. A temporary permit, not to exceed seventy (70) 583
days, may be issued to prospective permittees seeking to transfer 584
a permit authorized in paragraph (c) of this subsection. A Class 585
2 permit may be issued only to applicants demonstrating to the 586
department, by a statement signed under the penalty of perjury, 587
that they meet the qualifications of Sections 67-1-5(l), (m), (n), 588
(o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 589
67-1-59. The department, following a preliminary review of the 590
statement provided by the applicant and the requirements of the 591
applicable statutes and regulations, may issue the permit. 592
Class 2 temporary permittees must purchase their alcoholic 593
beverages directly from the department or, with approval of the 594
department, purchase the remaining stock of the previous 595
permittee. If the proposed applicant of a Class 1 or Class 2 596
temporary permit falsifies information contained in the 597
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application or statement, the applicant shall never again be 598
eligible for a retail alcohol beverage permit and shall be subject 599
to prosecution for perjury. 600
Class 3. A temporary one-day permit may be issued to a 601
retail establishment authorizing the complimentary distribution of 602
wine, including native wine, to patrons of the retail 603
establishment at an open house or promotional event, for 604
consumption only on the premises described in the temporary 605
permit. A Class 3 permit may be issued only to an applicant 606
demonstrating to the department, by a statement signed under 607
penalty of perjury submitted ten (10) days before the proposed 608
date or such other time as the department may determine, that it 609
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 610
and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 611
A Class 3 permit holder shall obtain all alcoholic beverages from 612
the holder(s) of a package retailer's permit located in the county 613
in which the temporary permit is issued. Wine remaining in stock 614
upon expiration of the temporary permit may be returned by the 615
Class 3 temporary permit holder to the package retailer for a 616
refund of the purchase price, with consent of the package 617
retailer, or may be kept by the Class 3 temporary permit holder 618
exclusively for personal use and consumption, subject to all laws 619
pertaining to the illegal sale and possession of alcoholic 620
beverages. The department, following review of the statement 621
provided by the applicant and the requirements of the applicable 622
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statutes and regulations, may issue the permit. No retailer may 623
receive more than twelve (12) Class 3 temporary permits in a 624
calendar year. A Class 3 temporary permit shall not be issued to 625
a retail establishment that either holds a merchant permit issued 626
under paragraph (l) of this subsection, or holds a permit issued 627
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 628
the holder to engage in the business of a retailer of light wine 629
or beer. 630
(g) Caterer's permit. A caterer's permit shall permit 631
the purchase of alcoholic beverages by a person engaging in 632
business as a caterer and the resale of alcoholic beverages by 633
such person in conjunction with such catering business. No person 634
shall qualify as a caterer unless forty percent (40%) or more of 635
the revenue derived from such catering business shall be from the 636
serving of prepared food and not from the sale of alcoholic 637
beverages and unless such person has obtained a permit for such 638
business from the Department of Health. A caterer's permit shall 639
not authorize the sale of alcoholic beverages on the premises of 640
the person engaging in business as a caterer; however, the holder 641
of an on-premises retailer's permit may hold a caterer's permit. 642
When the holder of an on-premises retailer's permit or an 643
affiliated entity of the holder also holds a caterer's permit, the 644
caterer's permit shall not authorize the service of alcoholic 645
beverages on a consistent, recurring basis at a separate, fixed 646
location owned or operated by the caterer, on-premises retailer or 647
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affiliated entity and an on-premises retailer's permit shall be 648
required for the separate location. All sales of alcoholic 649
beverages by holders of a caterer's permit shall be made at the 650
location being catered by the caterer, and, except as otherwise 651
provided in subsection (5) of this section, such sales may be made 652
only for consumption at the catered location. The location being 653
catered may be anywhere within a county or judicial district that 654
has voted to come out from under the dry laws or in which the sale 655
and distribution of alcoholic beverages is otherwise authorized by 656
law. Such sales shall be made pursuant to any other conditions 657
and restrictions which apply to sales made by on-premises retail 658
permittees. The holder of a caterer's permit or his employees 659
shall remain at the catered location as long as alcoholic 660
beverages are being sold pursuant to the permit issued under this 661
paragraph (g), and the permittee shall have at the location the 662
identification card issued by the division. No unsold alcoholic 663
beverages may be left at the catered location by the permittee 664
upon the conclusion of his business at that location. Appropriate 665
law enforcement officers and division personnel may enter a 666
catered location on private property in order to enforce laws 667
governing the sale or serving of alcoholic beverages. 668
(h) Research permit. A research permit shall authorize 669
the holder thereof to operate a research facility for the 670
professional research of alcoholic beverages. Such permit shall 671
authorize the holder of the permit to import and purchase limited 672
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amounts of alcoholic beverages from the department or from 673
importers, wineries and distillers of alcoholic beverages for 674
professional research. 675
(i) Alcohol processing permit. An alcohol processing 676
permit shall authorize the holder thereof to purchase, transport 677
and possess alcoholic beverages for the exclusive use in cooking, 678
processing or manufacturing products which contain alcoholic 679
beverages as an integral ingredient. An alcohol processing permit 680
shall not authorize the sale of alcoholic beverages on the 681
premises of the person engaging in the business of cooking, 682
processing or manufacturing products which contain alcoholic 683
beverages. The amounts of alcoholic beverages allowed under an 684
alcohol processing permit shall be set by the department. 685
(j) Hospitality cart permit. A hospitality cart permit 686
shall authorize the sale of alcoholic beverages from a mobile cart 687
on a golf course that is the holder of an on-premises retailer's 688
permit. The alcoholic beverages sold from the cart must be 689
consumed within the boundaries of the golf course. 690
(k) Special service permit. A special service permit 691
shall authorize the holder to sell commercially sealed alcoholic 692
beverages to the operator of a commercial or private aircraft for 693
en route consumption only by passengers. A special service permit 694
shall be issued only to a fixed-base operator who contracts with 695
an airport facility to provide fueling and other associated 696
services to commercial and private aircraft. 697
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(l) Merchant permit. Except as otherwise provided in 698
subsection (5) of this section, a merchant permit shall be issued 699
only to the owner of a spa facility, an art studio or gallery, or 700
a cooking school, and shall authorize the holder to serve 701
complimentary by the glass wine only, including native wine, at 702
the holder's spa facility, art studio or gallery, or cooking 703
school. A merchant permit holder shall obtain all wine from the 704
holder of a package retailer's permit. 705
(m) Temporary alcoholic beverages charitable auction 706
permit. A temporary permit, not to exceed five (5) days, may be 707
issued to a qualifying charitable nonprofit organization that is 708
exempt from taxation under Section 501(c)(3) or (4) of the 709
Internal Revenue Code of 1986. The permit shall authorize the 710
holder to sell alcoholic beverages for the limited purpose of 711
raising funds for the organization during a live or silent auction 712
that is conducted by the organization and that meets the following 713
requirements: (i) the auction is conducted in an area of the 714
state where the sale of alcoholic beverages is authorized; (ii) if 715
the auction is conducted on the premises of an on-premises 716
retailer's permit holder, then the alcoholic beverages to be 717
auctioned must be stored separately from the alcoholic beverages 718
sold, stored or served on the premises, must be removed from the 719
premises immediately following the auction, and may not be 720
consumed on the premises; (iii) the permit holder may not conduct 721
more than two (2) auctions during a calendar year; (iv) the permit 722
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holder may not pay a commission or promotional fee to any person 723
to arrange or conduct the auction. 724
(n) Event venue retailer's permit. An event venue 725
retailer's permit shall authorize the holder thereof to purchase 726
and resell alcoholic beverages, including native wines, native 727
spirits, and craft spirits, for consumption on the premises during 728
legal hours during events held on the licensed premises if food is 729
being served at the event by a caterer who is not affiliated with 730
or related to the permittee. The caterer must serve at least 731
three (3) entrees. The permit may only be issued for venues that 732
can accommodate two hundred (200) persons or more. The number of 733
persons a venue may accommodate shall be determined by the local 734
fire department and such determination shall be provided in 735
writing and submitted along with all other documents required to 736
be provided for an on-premises retailer's permit. The permittee 737
must derive the majority of its revenue from event-related fees, 738
including, but not limited to, admission fees or ticket sales for 739
live entertainment in the building. "Event-related fees" do not 740
include alcohol, beer or light wine sales or any fee which may be 741
construed to cover the cost of alcohol, beer or light wine. This 742
determination shall be made on a per event basis. An event may 743
not last longer than two (2) consecutive days per week. 744
(o) Temporary theatre permit. A temporary theatre 745
permit, not to exceed five (5) days, may be issued to a charitable 746
nonprofit organization that is exempt from taxation under Section 747
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501(c)(3) or (4) of the Internal Revenue Code and owns or operates 748
a theatre facility that features plays and other theatrical 749
performances and productions. Except as otherwise provided in 750
subsection (5) of this section, the permit shall authorize the 751
holder to sell alcoholic beverages, including native wines, native 752
spirits, and craft spirits, to patrons of the theatre during 753
performances and productions at the theatre facility for 754
consumption during such performances and productions on the 755
premises of the facility described in the permit. A temporary 756
theatre permit holder shall obtain all alcoholic beverages from 757
package retailers located in the county in which the permit is 758
issued. Alcoholic beverages remaining in stock upon expiration of 759
the temporary theatre permit may be returned by the permittee to 760
the package retailer for a refund of the purchase price upon 761
consent of the package retailer or may be kept by the permittee 762
exclusively for personal use and consumption, subject to all laws 763
pertaining to the illegal sale and possession of alcoholic 764
beverages. 765
(p) Charter ship operator's permit. Subject to the 766
provisions of this paragraph (p), a charter ship operator's permit 767
shall authorize the holder thereof and its employees to serve, 768
monitor, store and otherwise control the serving and availability 769
of alcoholic beverages to customers of the permit holder during 770
private charters under contract provided by the permit holder. A 771
charter ship operator's permit shall authorize such action by the 772
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permit holder and its employees only as to alcoholic beverages 773
brought onto the permit holder's ship by customers of the permit 774
holder as part of such a private charter. All such alcoholic 775
beverages must be removed from the charter ship at the conclusion 776
of each private charter. A charter ship operator's permit shall 777
not authorize the permit holder to sell, charge for or otherwise 778
supply alcoholic beverages to customers, except as authorized in 779
this paragraph (p). For the purposes of this paragraph (p), 780
"charter ship operator" means a common carrier that (i) is 781
certified to carry at least one hundred fifty (150) passengers 782
and/or provide overnight accommodations for at least fifty (50) 783
passengers, (ii) operates only in the waters within the State of 784
Mississippi, which lie adjacent to the State of Mississippi south 785
of the three (3) most southern counties in the State of 786
Mississippi, and (iii) provides charters under contract for tours 787
and trips in such waters. 788
(q) Distillery retailer's permit. The holder of a 789
Class 1 manufacturer's permit may obtain a distillery retailer's 790
permit. A distillery retailer's permit shall authorize the holder 791
thereof to sell at retail alcoholic beverages to consumers for 792
on-premises consumption, or to consumers by the sealed and 793
unopened bottle from a retail location at the distillery for 794
off-premises consumption. The holder may only sell product 795
manufactured by the manufacturer at the distillery described in 796
the permit. However, when selling to consumers for on-premises 797
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consumption, a holder of a distillery retailer's permit may add 798
other beverages, alcoholic or not, so long as the total volume of 799
other beverage components containing alcohol does not exceed 800
twenty percent (20%). Hours of sale shall be the same as those 801
authorized for on-premises permittees in the city or county in 802
which the distillery retailer is located. 803
The holder shall not sell at retail more than ten percent 804
(10%) of the alcoholic beverages produced annually at its 805
distillery. The holder shall not make retail sales of more than 806
two and twenty-five one-hundredths (2.25) liters, in the 807
aggregate, of the alcoholic beverages produced at its distillery 808
to any one (1) individual for consumption off the premises of the 809
distillery within a twenty-four-hour period. The hours of sale 810
shall be the same as those hours for package retailers under this 811
article. The holder of a distillery retailer's permit is not 812
required to purchase the alcoholic beverages authorized to be sold 813
by this paragraph from the department's liquor distribution 814
warehouse; however, if the holder does not purchase the alcoholic 815
beverages from the department's liquor distribution warehouse, the 816
holder shall pay to the department all taxes, fees and surcharges 817
on the alcoholic beverages that are imposed upon the sale of 818
alcoholic beverages shipped by the department or its warehouse 819
operator. In addition to alcoholic beverages, the holder of a 820
distillery retailer's permit may sell at retail promotional 821
products from the same retail location, including shirts, hats, 822
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glasses, and other promotional products customarily sold by 823
alcoholic beverage manufacturers. 824
(r) Festival Permit. Any wine manufacturer, native 825
wine producer, native spirit producer, craft spirit producer, or 826
distilled spirit manufacturer permitted by Mississippi or any 827
other state is eligible to obtain a Festival Permit. This permit 828
authorizes the entity to transport product manufactured by it to 829
festivals held within the State of Mississippi and sell sealed, 830
unopened bottles to festival participants. The holder of this 831
permit may provide samples at no charge to participants. 832
"Festival" means any event at which three (3) or more vendors are 833
present at a location for the sale or distribution of goods. The 834
holder of a Festival Permit is not required to purchase the 835
alcoholic beverages authorized to be sold by this paragraph from 836
the department's liquor distribution warehouse. However, if the 837
holder does not purchase the alcoholic beverages from the 838
department's liquor distribution warehouse, the holder of this 839
permit shall pay to the department all taxes, fees and surcharges 840
on the alcoholic beverages sold at such festivals that are imposed 841
upon the sale of alcoholic beverages shipped by the division. 842
Additionally, the entity shall file all applicable reports and 843
returns as prescribed by the department. This permit is issued 844
per festival and provides authority to sell for three (3) 845
consecutive days during the hours authorized for on-premises 846
permittees' sales in that county or city. The holder of the 847
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permit shall be required to maintain all requirements set by Local 848
Option Law for the service and sale of alcoholic beverages. This 849
permit may be issued to entities participating in festivals at 850
which a Class 1 temporary permit is in effect. 851
This paragraph (r) shall stand repealed from and after July 852
1, 2026. 853
(s) Charter vessel operator's permit. Subject to the 854
provisions of this paragraph (s), a charter vessel operator's 855
permit shall authorize the holder thereof and its employees to 856
sell and serve alcoholic beverages to passengers of the permit 857
holder during public tours, historical tours, ecological tours and 858
sunset cruises provided by the permit holder. The permit shall 859
authorize the holder to only sell alcoholic beverages, including 860
native wines, to passengers of the charter vessel operator during 861
public tours, historical tours, ecological tours and sunset 862
cruises provided by the permit holder aboard the charter vessel 863
operator for consumption during such tours and cruises on the 864
premises of the charter vessel operator described in the permit. 865
For the purposes of this paragraph (s), "charter vessel operator" 866
means a common carrier that (i) is certified to carry at least 867
forty-nine (49) passengers, (ii) operates only in the waters 868
within the State of Mississippi, which lie south of Interstate 10 869
in the three (3) most southern counties in the State of 870
Mississippi, and lie adjacent to the State of Mississippi south of 871
the three (3) most southern counties in the State of Mississippi, 872
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extending not further than one (1) mile south of such counties, 873
and (iii) provides vessel services for tours and cruises in such 874
waters as provided in this paragraph(s). 875
(t) Native spirit retailer's permit. Except as 876
otherwise provided in subsection (5) of this section, a native 877
spirit retailer's permit shall be issued only to a holder of a 878
Class 4 manufacturer's permit, and shall authorize the holder 879
thereof to make retail sales of native spirits to consumers for 880
on-premises consumption or to consumers in originally sealed and 881
unopened containers at an establishment located on the premises of 882
the distillery, or at any tasting room location or locations 883
within five (5) miles of the native distillery. Further, every 884
native distillery is authorized to have one (1) permanent 885
satellite tasting room sales location in any other location in the 886
state that otherwise allows the sale of alcoholic beverages. When 887
selling to consumers for on-premises consumption, a holder of a 888
native spirit retailer's permit may sell alcoholic beverages 889
produced by other suppliers. Hours of sale shall be the same as 890
those authorized for on-premises permittees in the city or county 891
in which the native spirit retailer is located. 892
(u) Delivery service permit. Any individual, limited 893
liability company, corporation or partnership registered to do 894
business in this state is eligible to obtain a delivery service 895
permit. Subject to the provisions of Section 67-1-51.1, this 896
permit authorizes the permittee, or its employee or an independent 897
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contractor acting on its behalf, to deliver alcoholic beverages, 898
beer, light wine and light spirit product from a licensed retailer 899
to a person in this state who is at least twenty-one (21) years of 900
age for the individual's use and not for resale. This permit does 901
not authorize the delivery of alcoholic beverages, beer, light 902
wine or light spirit product to the premises of a location with a 903
permit for the manufacture, distribution or retail sale of 904
alcoholic beverages, beer, light wine or light spirit product. 905
The holder of a package retailer's permit or an on-premises 906
retailer's permit under Section 67-1-51 or of a beer, light wine 907
and light spirit product permit under Section 67-3-19 is 908
authorized to apply for a delivery service permit as a privilege 909
separate from its existing retail permit. 910
(v) Food truck permit. A food truck permit shall 911
authorize the holder of an on-premises retailer's permit to use a 912
food truck to sell alcoholic beverages off its premises to guests 913
who must consume the beverages in open containers. For the 914
purposes of this paragraph (v), "food truck" means a fully encased 915
food service establishment on a motor vehicle or on a trailer that 916
a motor vehicle pulls to transport, and from which a vendor, 917
standing within the frame of the establishment, prepares, cooks, 918
sells and serves food for immediate human consumption. The term 919
"food truck" does not include a food cart that is not motorized. 920
Food trucks shall maintain such distance requirements from 921
schools, churches, kindergartens and funeral homes as are required 922
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for on-premises retailer's permittees under this article, and all 923
sales must be made within a valid leisure and recreation district 924
established under Section 67-1-101. Food trucks cannot sell or 925
serve alcoholic beverages unless also offering food prepared and 926
cooked within the food truck, and permittees must maintain a 927
twenty-five percent (25%) food sale revenue requirement based on 928
the food sold from the food truck alone. The hours allowed for 929
sale shall be the same as those for on-premises retailer's 930
permittees in the location. This permit will not be required for 931
the holder of a caterer's permit issued under this article to 932
cater an event as allowed by law. Permittees must provide notice 933
of not less than forty-eight (48) hours to the department of each 934
location at which alcoholic beverages will be sold. 935
(w) On-premises tobacco permit. An on-premises tobacco 936
permit shall authorize the permittee to sell alcoholic beverages 937
for consumption on the licensed premises. In addition to all 938
other requirements to obtain an alcoholic beverage permit, the 939
permittee must obtain and maintain a tobacco permit issued by the 940
State of Mississippi, and have a capital investment of not less 941
than Five Hundred Thousand Dollars ($500,000.00) in the premises 942
for which the permit is issued. In addition to alcoholic 943
beverages, the permittee is authorized to sell only cigars, 944
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 945
Additionally, seventy-five percent (75%) of the permittee's annual 946
gross revenue must be derived from the sale of cigars, cheroots, 947
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tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 948
be required, but food may be sold on the premises. The issuance 949
of this permit does not remove any obligation a permittee may have 950
to follow local ordinances or actions prohibiting the use of 951
tobacco products. 952
(x) Direct * * * shipper's permit. A direct * * * 953
shipper's permit shall authorize the holder to sell and ship a 954
limited amount of wine and/or distilled spirits directly to 955
residents in this state in accordance with the provisions of 956
Sections 67-1-301 to 67-1-317, without being required to transact 957
the sale and shipment of those wines and/or distilled spirits 958
through the division. 959
(y) Craft spirit retailer's permit. Except as 960
otherwise provided in subsection (5) of this section, a craft 961
spirit retailer's permit shall be issued only to a holder of a 962
Class 5 manufacturer's permit, and shall authorize the holder 963
thereof to make retail sales of craft spirits to consumers for 964
on-premises consumption or to consumers in originally sealed and 965
unopened containers at an establishment located on the premises of 966
the distillery or at any tasting room location or locations within 967
five (5) miles of the craft distillery. Further, every craft 968
distillery is authorized to have one (1) permanent satellite 969
tasting room sales location in any other location in the state 970
that otherwise allows the sale of alcoholic beverages. When 971
selling to consumers for on-premises consumption, a holder of a 972
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craft spirit retailer's permit may sell alcoholic beverages 973
produced by other suppliers. Hours of sale shall be the same as 974
those authorized for on-premises permittees in the city or county 975
in which the craft spirit retailer is located. 976
(2) Except as otherwise provided in subsection (4) of this 977
section, retail permittees may hold more than one (1) retail 978
permit, at the discretion of the department. 979
(3) (a) Except as otherwise provided in this subsection, no 980
authority shall be granted to any person to manufacture, sell or 981
store for sale any intoxicating liquor as specified in this 982
article within four hundred (400) feet of any church, school 983
(excluding any community college, junior college, college or 984
university), kindergarten or funeral home. However, within an 985
area zoned commercial or business, such minimum distance shall be 986
not less than one hundred (100) feet. 987
(b) A church or funeral home may waive the distance 988
restrictions imposed in this subsection in favor of allowing 989
issuance by the department of a permit, pursuant to subsection (1) 990
of this section, to authorize activity relating to the 991
manufacturing, sale or storage of alcoholic beverages which would 992
otherwise be prohibited under the minimum distance criterion. 993
Such waiver shall be in written form from the owner, the governing 994
body, or the appropriate officer of the church or funeral home 995
having the authority to execute such a waiver, and the waiver 996
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shall be filed with and verified by the department before becoming 997
effective. 998
(c) The distance restrictions imposed in this 999
subsection shall not apply to the sale or storage of alcoholic 1000
beverages at a bed and breakfast inn listed in the National 1001
Register of Historic Places or to the sale or storage of alcoholic 1002
beverages in a historic district that is listed in the National 1003
Register of Historic Places, is a qualified resort area and is 1004
located (i) in a municipality having a population greater than one 1005
hundred thousand (100,000) according to the latest federal 1006
decennial census, or (ii) in a municipality in which Mississippi 1007
Highways 1 and 8 intersect. 1008
(d) The distance restrictions imposed in this 1009
subsection shall not apply to the sale or storage of alcoholic 1010
beverages at a qualified resort area as defined in Section 1011
67-1-5(o)(iii)32. 1012
(e) The distance restrictions imposed in this 1013
subsection shall not apply to the sale or storage of alcoholic 1014
beverages at a licensed premises in a building formerly owned by a 1015
municipality and formerly leased by the municipality to a 1016
municipal school district and used by the municipal school 1017
district as a district bus shop facility. 1018
(f) The distance restrictions imposed in this 1019
subsection shall not apply to the sale or storage of alcoholic 1020
beverages at a licensed premises in a building consisting of at 1021
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least five thousand (5,000) square feet and located approximately 1022
six hundred (600) feet from the intersection of Mississippi 1023
Highway 15 and Mississippi Highway 4. 1024
(g) The distance restrictions imposed in this 1025
subsection shall not apply to the sale or storage of alcoholic 1026
beverages at a licensed premises in a building located at or near 1027
the intersection of Ward and Tate Streets and adjacent properties 1028
in the City of Senatobia, Mississippi. 1029
(h) The distance restrictions imposed in this 1030
subsection shall not apply to the sale or storage of alcoholic 1031
beverages at a theatre facility that features plays and other 1032
theatrical performances and productions and (i) is capable of 1033
seating more than seven hundred fifty (750) people, (ii) is owned 1034
by a municipality which has a population greater than ten thousand 1035
(10,000) according to the latest federal decennial census, (iii) 1036
was constructed prior to 1930, (iv) is on the National Register of 1037
Historic Places, and (v) is located in a historic district. 1038
(i) The distance restrictions imposed in this 1039
subsection shall not apply to the sale or storage of alcoholic 1040
beverages at a licensed premises in a building located 1041
approximately one and six-tenths (1.6) miles north of the 1042
intersection of Mississippi Highway 15 and Mississippi Highway 4 1043
on the west side of Mississippi Highway 15. 1044
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(j) The distance restrictions imposed in this 1045
subsection shall not apply to the sale or storage of alcoholic 1046
beverages at a qualified resort area as defined in Section 1047
67-1-5(o)(iii)83. 1048
(k) The distance restrictions imposed in this 1049
subsection shall not apply to the sale or storage of alcoholic 1050
beverages at a qualified resort area as defined in Section 1051
67-1-5(o)(iii)84. 1052
(4) No person, either individually or as a member of a firm, 1053
partnership, limited liability company or association, or as a 1054
stockholder, officer or director in a corporation, shall own or 1055
control any interest in more than one (1) package retailer's 1056
permit, nor shall such person's spouse, if living in the same 1057
household of such person, any relative of such person, if living 1058
in the same household of such person, or any other person living 1059
in the same household with such person own any interest in any 1060
other package retailer's permit; however, in the case of a person 1061
holding a package retailer's permit issued before July 1, 2024, 1062
such a person may own one (1) additional package retailer's permit 1063
if the additional permit is issued for a premises with a minimum 1064
capital investment of Twenty Million Dollars ($20,000,000.00) that 1065
is part of a major retail development project and located in one 1066
(1) of the three (3) most southern counties in the State of 1067
Mississippi, and not within one hundred (100) miles of another 1068
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location in the State of Mississippi, for which the permittee 1069
holds such a permit. 1070
(5) (a) In addition to any other authority granted under 1071
this section, the holder of a permit issued under subsection 1072
(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 1073
section may sell or otherwise provide alcoholic beverages and/or 1074
wine to a patron of the permit holder in the manner authorized in 1075
the permit and the patron may remove an open glass, cup or other 1076
container of the alcoholic beverage and/or wine from the licensed 1077
premises and may possess and consume the alcoholic beverage or 1078
wine outside of the licensed premises if: (i) the licensed 1079
premises is located within a leisure and recreation district 1080
created under Section 67-1-101 and (ii) the patron remains within 1081
the boundaries of the leisure and recreation district while in 1082
possession of the alcoholic beverage or wine. 1083
(b) Nothing in this subsection shall be construed to 1084
allow a person to bring any alcoholic beverages into a permitted 1085
premises except to the extent otherwise authorized by this 1086
article. 1087
(c) Where a permit is issued under subsection (1)(c) to 1088
an establishment located in a resort area created by Section 1089
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 1090
to bring alcoholic beverages into the permitted premises and to 1091
possess, store and consume those alcoholic beverages in the 1092
permitted premises. 1093
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SECTION 14. Section 67-1-53, Mississippi Code of 1972, is 1094
amended as follows: 1095
67-1-53. (1) Application for permits shall be in such form 1096
and shall contain such information as shall be required by the 1097
regulations of the department; however, no regulation of the 1098
department shall require personal financial information from any 1099
officer of a corporation applying for an on-premises retailer's 1100
permit to sell alcoholic beverages unless such officer owns ten 1101
percent (10%) or more of the stock of such corporation. 1102
(2) Every applicant for each type of permit authorized by 1103
Section 67-1-51 shall give notice of such application by 1104
publication for two (2) consecutive issues in a newspaper of 1105
general circulation published in the city or town in which 1106
applicant's place of business is located. However, in instances 1107
where no newspaper is published in the city or town, then the 1108
notice shall be published in a newspaper of general circulation 1109
published in the county where the applicant's business is located. 1110
If no newspaper is published in the county, the notice shall be 1111
published in a qualified newspaper which is published in the 1112
closest neighboring county and circulated in the county of 1113
applicant's residence. The notice shall be printed in ten-point 1114
black face type and shall set forth the type of permit to be 1115
applied for, the exact location of the place of business, the name 1116
of the owner or owners thereof, and if operating under an assumed 1117
name, the trade name together with the names of all owners, and if 1118
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a corporation, the names and titles of all officers. The cost of 1119
such notice shall be borne by the applicant. The provisions of 1120
this subsection (2) shall not apply to applicants for a 1121
direct * * * shipper's permit under Sections 67-1-301 to 67-1-317. 1122
(3) Each application or filing made under this section shall 1123
include the social security number(s) of the applicant in 1124
accordance with Section 93-11-64, Mississippi Code of 1972. 1125
SECTION 15. Section 67-1-55, Mississippi Code of 1972, is 1126
amended as follows: 1127
67-1-55. No permit of any type shall be issued by the 1128
department until the applicant has first filed with the department 1129
a sworn statement disclosing all persons who are financially 1130
involved in the operation of the business for which the permit is 1131
sought. If an applicant is an individual, he will swear that he 1132
owns one hundred percent (100%) of the business for which he is 1133
seeking a permit. If the applicant is a partnership, all partners 1134
and their addresses shall be disclosed and the extent of their 1135
interest in the partnership shall be disclosed. If the applicant 1136
is a corporation, the total stock in the corporation shall be 1137
disclosed and each shareholder and his address and the amount of 1138
stock in the corporation owned by him shall be disclosed. If the 1139
applicant is a limited liability company, each member and their 1140
addresses shall be disclosed and the extent of their interest in 1141
the limited liability company shall be disclosed. If the 1142
applicant is a trust, the trustee and all beneficiaries and their 1143
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addresses shall be disclosed. If the applicant is a combination 1144
of any of the above, all information required to be disclosed 1145
above shall be required. 1146
All the disclosures shall be in writing and kept on file at 1147
the department and shall be available to the public. 1148
Every applicant must, when applying for a renewal of his 1149
permit, disclose any change in the ownership of the business or 1150
any change in the beneficiaries of the income from the business. 1151
Any person who willfully fails to fully disclose the 1152
information required by this section, or who gives false 1153
information, shall be guilty of a misdemeanor and, upon conviction 1154
thereof, shall be fined a sum not to exceed Five Hundred Dollars 1155
($500.00) or imprisoned for not more than one (1) year, or both, 1156
and the person or applicant shall never again be eligible for any 1157
permit pertaining to alcoholic beverages. 1158
The provisions of this section shall not apply to persons 1159
applying for a direct * * * shipper's permit under Sections 1160
67-1-301 to 67-1-317. 1161
SECTION 16. Section 67-1-57, Mississippi Code of 1972, is 1162
amended as follows: 1163
67-1-57. Before a permit is issued the department shall 1164
satisfy itself: 1165
(a) That the applicant, if an individual, or if a 1166
partnership, each of the members of the partnership, or if a 1167
corporation, each of its principal officers and directors, or if a 1168
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limited liability company, each member of the limited liability 1169
company, is of good moral character and, in addition, enjoys a 1170
reputation of being a peaceable, law-abiding citizen of the 1171
community in which he resides, and is generally fit for the trust 1172
to be reposed in him, is not less than twenty-one (21) years of 1173
age, and has not been convicted of a felony in any state or 1174
federal court. However, a felony conviction, other than a crime 1175
of violence or a violation of state or federal controlled 1176
substance laws, does not automatically disqualify a person from 1177
being approved for a permit. If at least ten (10) years have 1178
elapsed since conviction, the department may consider such felony 1179
convictions in determining whether all other qualifications are 1180
met. 1181
(b) That, except in the case of an application for a 1182
solicitor's permit, the applicant is the true and actual owner of 1183
the business for which the permit is desired, and that he intends 1184
to carry on the business authorized for himself and not as the 1185
agent of any other person, and that he intends to superintend in 1186
person the management of the business or that he will designate a 1187
manager to manage the business for him. Except for managers 1188
employed by the holder of a direct * * * shipper's permit, all 1189
managers must be approved by the department prior to completing 1190
any managerial tasks on behalf of the permittee and must possess 1191
all of the qualifications required of a permittee; however, a 1192
felony conviction, other than a crime of violence, does not 1193
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automatically disqualify a person from being approved as a manager 1194
if the person was released from incarceration at least three (3) 1195
years prior to application for approval as a manager. A felony 1196
conviction, other than a crime of violence, may be considered by 1197
the department in determining whether all other qualifications are 1198
met. 1199
(c) That the applicant for a package retailer's permit, 1200
if an individual, is a resident of the State of Mississippi. If 1201
the applicant is a partnership, each member of the partnership 1202
must be a resident of the state. If the applicant is a limited 1203
liability company, each member of the limited liability company 1204
must be a resident of the state. If the applicant is a 1205
corporation, the designated manager of the corporation must be a 1206
resident of the state. 1207
(d) That the place for which the permit is to be issued 1208
is an appropriate one considering the character of the premises 1209
and the surrounding neighborhood. 1210
(e) That the place for which the permit is to be issued 1211
is within the corporate limits of an incorporated municipality or 1212
qualified resort area or club which comes within the provisions of 1213
this article. 1214
(f) That the applicant is not indebted to the state for 1215
any taxes, fees or payment of penalties imposed by any law of the 1216
State of Mississippi or by any rule or regulation of the 1217
department. 1218
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(g) That the applicant is not in the habit of using 1219
alcoholic beverages to excess and is not physically or mentally 1220
incapacitated, and that the applicant has the ability to read and 1221
write the English language. 1222
(h) That the department does not believe and has no 1223
reason to believe that the applicant will sell or knowingly permit 1224
any agent, servant or employee to unlawfully sell liquor in a dry 1225
area or in any other manner contrary to law. 1226
(i) That the applicant is not residentially domiciled 1227
with any person whose permit or license has been cancelled for 1228
cause within the twelve (12) months next preceding the date of the 1229
present application for a permit. 1230
(j) That the department has not, in the exercise of its 1231
discretion which is reserved and preserved to it, refused to grant 1232
permits under the restrictions of this section, as well as under 1233
any other pertinent provision of this article. 1234
(k) That there are not sufficient legal reasons to deny 1235
a permit on the ground that the premises for which the permit is 1236
sought has previously been operated, used or frequented for any 1237
purpose or in any manner that is lewd, immoral or offensive to 1238
public decency. In the granting or withholding of any permit to 1239
sell alcoholic beverages at retail, the department in forming its 1240
conclusions may give consideration to any recommendations made in 1241
writing by the district or county attorney or county, circuit or 1242
chancery judge of the county, or the sheriff of the county, or the 1243
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mayor or chief of police of an incorporated city or town wherein 1244
the applicant proposes to conduct his business and to any 1245
recommendations made by representatives of the department. 1246
(l) That the applicant and the applicant's key 1247
employees, as determined by the department, do not have a 1248
disqualifying criminal record. In order to obtain a criminal 1249
record history check, the applicant shall submit to the department 1250
a set of fingerprints from any local law enforcement agency for 1251
each person for whom the records check is required. The 1252
department shall forward the fingerprints to the Mississippi 1253
Department of Public Safety. If no disqualifying record is 1254
identified at the state level, the Department of Public Safety 1255
shall forward the fingerprints to the Federal Bureau of 1256
Investigation for a national criminal history record check. Costs 1257
for processing the set or sets of fingerprints shall be borne by 1258
the applicant. The department may waive the fingerprint 1259
requirement in the case of an applicant for a direct * * * 1260
shipper's permit. The department shall not deny employment to an 1261
employee of the applicant prior to the identification of a 1262
disqualifying record or other disqualifying information. 1263
SECTION 17. Section 67-1-73, Mississippi Code of 1972, is 1264
amended as follows: 1265
67-1-73. (1) Except as otherwise provided in subsection (3) 1266
of this section, every manufacturer, including native wine, native 1267
spirit, or craft spirit producers, within or without the state, 1268
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and every other shipper of alcoholic beverages who sells any 1269
alcoholic beverage, including native wine, native spirit, or craft 1270
spirit, within the state, shall, at the time of making such sale, 1271
file with the department a copy of the invoice of such sale 1272
showing in detail the kind of alcoholic beverage sold, the 1273
quantities of each, the size of the container and the weight of 1274
the contents, the alcoholic content, and the name and address of 1275
the person to whom sold. 1276
(2) Except as otherwise provided in subsection (3) of this 1277
section, every person transporting alcoholic beverages, including 1278
native wine, native spirit, or craft spirit, within this state to 1279
a point within this state, whether such transportation originates 1280
within or without this state, shall, within five (5) days after 1281
delivery of such shipment, furnish the department a copy of the 1282
bill of lading or receipt, showing the name or consignor or 1283
consignee, date, place received, destination, and quantity of 1284
alcoholic beverages delivered. Upon failure to comply with the 1285
provisions of this section, such person shall be deemed guilty of 1286
a misdemeanor and, upon conviction thereof, shall be fined in the 1287
sum of Fifty Dollars ($50.00) for each offense. 1288
(3) Information regarding the sales, shipment, delivery and 1289
transportation of wine and/or distilled spirits in this state by 1290
the holder of a direct * * * shipper's permit under Sections 1291
67-1-301 through 67-1-317, shall be in such form and content as 1292
prescribed by the department. 1293
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ST: Alcoholic beverages; authorize direct sales
and shipments of distilled spirits to be made to
residents in this state.
SECTION 18. This act shall take effect and be in force from 1294
and after July 1, 2026. 1295