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

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To: Finance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) England, Michel, Wiggins,
DeLano, Hickman

SENATE BILL NO. 2916

AN ACT TO AMEND SECTION 67-1-5, MISSISSIPPI CODE OF 1972, TO 1
DEFINE THE TERM "GROCERY STORE"; TO AMEND SECTION 67-1-51, 2
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF REVENUE 3
TO ISSUE GROCERY STORE WINE-ONLY RETAILER'S PERMITS THAT AUTHORIZE 4
THE HOLDER THEREOF TO SELL WINE AT RETAIL AT A GROCERY STORE IN 5
ORIGINAL SEALED AND UNOPENED PACKAGES NOT TO BE CONSUMED ON THE 6
PREMISES WHERE SOLD; TO PROVIDE THAT THE HOLDER OF A PACKAGE 7
RETAILER'S PERMIT MAY SELL OTHER PRODUCTS AND MERCHANDISE, EXCEPT 8
BEER, BUT MUST DERIVE AT LEAST 50% OF THE REVENUE OF THE LICENSED 9
PREMISES FROM THE RETAIL SALE OF ALCOHOLIC BEVERAGES IN ORIGINAL 10
SEALED AND UNOPENED PACKAGES NOT TO BE CONSUMED ON THE LICENSED 11
PREMISES; TO AUTHORIZE A PERSON TO OWN OR CONTROL ANY INTEREST IN 12
MORE THAN SIX PACKAGE RETAILER'S PERMITS; TO AMEND SECTION 13
27-71-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THE LICENSE TAX 14
REQUIRED FOR GROCERY STORE WINE-ONLY RETAILER'S PERMITS; TO AMEND 15
SECTIONS 67-1-41, 67-1-75, 67-1-83 AND 67-1-85, MISSISSIPPI CODE 16
OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 67-1-5, Mississippi Code of 1972, is 19
amended as follows: 20
67-1-5. For the purposes of this article and unless 21
otherwise required by the context: 22
(a) "Alcoholic beverage" means any alcoholic liquid, 23
including wines of more than five percent (5%) of alcohol by 24
weight, capable of being consumed as a beverage by a human being, 25
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but shall not include light wine, light spirit product and beer, 26
as defined in Section 67-3-3, but shall include native wines, 27
native spirits, and craft spirits. The words "alcoholic beverage" 28
shall not include ethyl alcohol manufactured or distilled solely 29
for fuel purposes or beer of an alcoholic content of more than 30
eight percent (8%) by weight if the beer is legally manufactured 31
in this state for sale in another state. 32
(b) "Alcohol" means the product of distillation of any 33
fermented liquid, whatever the origin thereof, and includes 34
synthetic ethyl alcohol, but does not include denatured alcohol or 35
wood alcohol. 36
(c) "Distilled spirits" means any beverage containing 37
more than six percent (6%) of alcohol by weight produced by 38
distillation of fermented grain, starch, molasses or sugar, 39
including dilutions and mixtures of these beverages. 40
(d) "Wine" or "vinous liquor" means any product 41
obtained from the alcoholic fermentation of the juice of sound, 42
ripe grapes, fruits, honey or berries and made in accordance with 43
the revenue laws of the United States. 44
(e) "Person" means and includes any individual, 45
partnership, corporation, association or other legal entity 46
whatsoever. 47
(f) "Manufacturer" means any person engaged in 48
manufacturing, distilling, rectifying, blending or bottling any 49
alcoholic beverage. 50
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(g) "Wholesaler" means any person, other than a 51
manufacturer, engaged in distributing or selling any alcoholic 52
beverage at wholesale for delivery within or without this state 53
when such sale is for the purpose of resale by the purchaser. 54
(h) "Retailer" means any person who sells, distributes, 55
or offers for sale or distribution, any alcoholic beverage for use 56
or consumption by the purchaser and not for resale. 57
(i) "State Tax Commission," "commission" or 58
"department" means the Department of Revenue of the State of 59
Mississippi, which shall create a division in its organization to 60
be known as the Alcoholic Beverage Control Division. Any 61
reference to the commission or the department hereafter means the 62
powers and duties of the Department of Revenue with reference to 63
supervision of the Alcoholic Beverage Control Division. 64
(j) "Division" means the Alcoholic Beverage Control 65
Division of the Department of Revenue. 66
(k) "Municipality" means any incorporated city or town 67
of this state. 68
(l) "Hotel" means an establishment within a 69
municipality, or within a qualified resort area approved as such 70
by the department, where, in consideration of payment, food and 71
lodging are habitually furnished to travelers and wherein are 72
located at least twenty (20) adequately furnished and completely 73
separate sleeping rooms with adequate facilities that persons 74
usually apply for and receive as overnight accommodations. Hotels 75
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in towns or cities of more than twenty-five thousand (25,000) 76
population are similarly defined except that they must have fifty 77
(50) or more sleeping rooms. Any such establishment described in 78
this paragraph with less than fifty (50) beds shall operate one or 79
more regular dining rooms designed to be constantly frequented by 80
customers each day. When used in this article, the word "hotel" 81
shall also be construed to include any establishment that meets 82
the definition of "bed and breakfast inn" as provided in this 83
section. 84
(m) "Restaurant" means: 85
(i) A place which is regularly and in a bona fide 86
manner used and kept open for the serving of meals to guests for 87
compensation, which has suitable seating facilities for guests, 88
and which has suitable kitchen facilities connected therewith for 89
cooking an assortment of foods and meals commonly ordered at 90
various hours of the day; the service of such food as sandwiches 91
and salads only shall not be deemed in compliance with this 92
requirement. Except as otherwise provided in this paragraph, no 93
place shall qualify as a restaurant under this article unless 94
twenty-five percent (25%) or more of the revenue derived from such 95
place shall be from the preparation, cooking and serving of meals 96
and not from the sale of beverages, or unless the value of food 97
given to and consumed by customers is equal to twenty-five percent 98
(25%) or more of total revenue; or 99
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(ii) Any privately owned business located in a 100
building in a historic district where the district is listed in 101
the National Register of Historic Places, where the building has a 102
total occupancy rating of not less than one thousand (1,000) and 103
where the business regularly utilizes ten thousand (10,000) square 104
feet or more in the building for live entertainment, including not 105
only the stage, lobby or area where the audience sits and/or 106
stands, but also any other portion of the building necessary for 107
the operation of the business, including any kitchen area, bar 108
area, storage area and office space, but excluding any area for 109
parking. In addition to the other requirements of this 110
subparagraph, the business must also serve food to guests for 111
compensation within the building and derive the majority of its 112
revenue from event-related fees, including, but not limited to, 113
admission fees or ticket sales to live entertainment in the 114
building, and from the rental of all or part of the facilities of 115
the business in the building to another party for a specific event 116
or function. 117
(n) "Club" means an association or a corporation: 118
(i) Organized or created under the laws of this 119
state for a period of five (5) years prior to July 1, 1966; 120
(ii) Organized not primarily for pecuniary profit 121
but for the promotion of some common object other than the sale or 122
consumption of alcoholic beverages; 123
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(iii) Maintained by its members through the 124
payment of annual dues; 125
(iv) Owning, hiring or leasing a building or space 126
in a building of such extent and character as may be suitable and 127
adequate for the reasonable and comfortable use and accommodation 128
of its members and their guests; 129
(v) The affairs and management of which are 130
conducted by a board of directors, board of governors, executive 131
committee, or similar governing body chosen by the members at a 132
regular meeting held at some periodic interval; and 133
(vi) No member, officer, agent or employee of 134
which is paid, or directly or indirectly receives, in the form of 135
a salary or other compensation any profit from the distribution or 136
sale of alcoholic beverages to the club or to members or guests of 137
the club beyond such salary or compensation as may be fixed and 138
voted at a proper meeting by the board of directors or other 139
governing body out of the general revenues of the club. 140
The department may, in its discretion, waive the five-year 141
provision of this paragraph. In order to qualify under this 142
paragraph, a club must file with the department, at the time of 143
its application for a license under this article, two (2) copies 144
of a list of the names and residences of its members and similarly 145
file, within ten (10) days after the election of any additional 146
member, his name and address. Each club applying for a license 147
shall also file with the department at the time of the application 148
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a copy of its articles of association, charter of incorporation, 149
bylaws or other instruments governing the business and affairs 150
thereof. 151
(o) "Qualified resort area" means any area or locality 152
outside of the limits of incorporated municipalities in this state 153
commonly known and accepted as a place which regularly and 154
customarily attracts tourists, vacationists and other transients 155
because of its historical, scenic or recreational facilities or 156
attractions, or because of other attributes which regularly and 157
customarily appeal to and attract tourists, vacationists and other 158
transients in substantial numbers; however, no area or locality 159
shall so qualify as a resort area until it has been duly and 160
properly approved as such by the department. The department may 161
not approve an area as a qualified resort area after July 1, 2018, 162
if any portion of such proposed area is located within two (2) 163
miles of a convent or monastery that is located in a county 164
traversed by Interstate 55 and U.S. Highway 98. A convent or 165
monastery may waive such distance restrictions in favor of 166
allowing approval by the department of an area as a qualified 167
resort area. Such waiver shall be in written form from the owner, 168
the governing body, or the appropriate officer of the convent or 169
monastery having the authority to execute such a waiver, and the 170
waiver shall be filed with and verified by the department before 171
becoming effective. 172
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(i) The department may approve an area or locality 173
outside of the limits of an incorporated municipality that is in 174
the process of being developed as a qualified resort area if such 175
area or locality, when developed, can reasonably be expected to 176
meet the requisites of the definition of the term "qualified 177
resort area." In such a case, the status of qualified resort area 178
shall not take effect until completion of the development. 179
(ii) The term includes any state park which is 180
declared a resort area by the department; however, such 181
declaration may only be initiated in a written request for resort 182
area status made to the department by the Executive Director of 183
the Department of Wildlife, Fisheries and Parks, and no permit for 184
the sale of any alcoholic beverage, as defined in this article, 185
except an on-premises retailer's permit, shall be issued for a 186
hotel, restaurant or bed and breakfast inn in such park. 187
(iii) The term includes: 188
1. The clubhouses associated with the state 189
park golf courses at the Lefleur's Bluff State Park, the John Kyle 190
State Park, the Percy Quin State Park and the Hugh White State 191
Park; 192
2. The clubhouse and associated golf course, 193
tennis courts and related facilities and swimming pool and related 194
facilities where the golf course, tennis courts and related 195
facilities and swimming pool and related facilities are adjacent 196
to one or more planned residential developments and the golf 197
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course and all such developments collectively include at least 198
seven hundred fifty (750) acres and at least four hundred (400) 199
residential units; 200
3. Any facility located on property that is a 201
game reserve with restricted access that consists of at least 202
three thousand (3,000) contiguous acres with no public roads and 203
that offers as a service hunts for a fee to overnight guests of 204
the facility; 205
4. Any facility located on federal property 206
surrounding a lake and designated as a recreational area by the 207
United States Army Corps of Engineers that consists of at least 208
one thousand five hundred (1,500) acres; 209
5. Any facility that is located in a 210
municipality that is bordered by the Pearl River, traversed by 211
Mississippi Highway 25, adjacent to the boundaries of the Jackson 212
International Airport and is located in a county which has voted 213
against coming out from under the dry law; however, any such 214
facility may only be located in areas designated by the governing 215
authorities of such municipality; 216
6. Any municipality with a population in 217
excess of ten thousand (10,000) according to the latest federal 218
decennial census that is located in a county that is bordered by 219
the Pearl River and is not traversed by Interstate Highway 20, 220
with a population in excess of forty-five thousand (45,000) 221
according to the latest federal decennial census; 222
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7. The West Pearl Restaurant Tax District as 223
defined in Chapter 912, Local and Private Laws of 2007; 224
8. a. Land that is located in any county in 225
which Mississippi Highway 43 and Mississippi Highway 25 intersect 226
and: 227
A. Owned by the Pearl River Valley 228
Water Supply District, and/or 229
B. Located within the Reservoir 230
Community District, zoned commercial, east of Old Fannin Road, 231
north of Regatta Drive, south of Spillway Road, west of Hugh Ward 232
Boulevard and accessible by Old Fannin Road, Spillway Road, Spann 233
Drive and/or Lake Vista Place, and/or 234
C. Located within the Reservoir 235
Community District, zoned commercial, west of Old Fannin Road, 236
south of Spillway Road and extending to the boundary of the 237
corporate limits of the City of Flowood, Mississippi; 238
b. The board of supervisors of such 239
county, with respect to B and C of item 8.a., may by resolution or 240
other order: 241
A. Specify the hours of operation 242
of facilities that offer alcoholic beverages for sale, 243
B. Specify the percentage of 244
revenue that facilities that offer alcoholic beverages for sale 245
must derive from the preparation, cooking and serving of meals and 246
not from the sale of beverages, and 247
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C. Designate the areas in which 248
facilities that offer alcoholic beverages for sale may be located; 249
9. Any facility located on property that is a 250
game reserve with restricted access that consists of at least 251
eight hundred (800) contiguous acres with no public roads, that 252
offers as a service hunts for a fee to overnight guests of the 253
facility, and has accommodations for at least fifty (50) overnight 254
guests; 255
10. Any facility that: 256
a. Consists of at least six thousand 257
(6,000) square feet being heated and cooled along with an 258
additional adjacent area that consists of at least two thousand 259
two hundred (2,200) square feet regardless of whether heated and 260
cooled, 261
b. For a fee is used to host events such 262
as weddings, reunions and conventions, 263
c. Provides lodging accommodations 264
regardless of whether part of the facility and/or located adjacent 265
to or in close proximity to the facility, and 266
d. Is located on property that consists 267
of at least thirty (30) contiguous acres; 268
11. Any facility and related property: 269
a. Located on property that consists of 270
at least one hundred twenty-five (125) contiguous acres and 271
consisting of an eighteen-hole golf course, and/or located in a 272
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facility that consists of at least eight thousand (8,000) square 273
feet being heated and cooled, 274
b. Used for the purpose of providing 275
meals and hosting events, and 276
c. Used for the purpose of teaching 277
culinary arts courses and/or turf management and grounds keeping 278
courses, and/or outdoor recreation and leadership courses; 279
12. Any facility and related property that: 280
a. Consist of at least eight thousand 281
(8,000) square feet being heated and cooled, 282
b. For a fee is used to host events, 283
c. Is used for the purpose of culinary 284
arts courses, and/or live entertainment courses and art 285
performances, and/or outdoor recreation and leadership courses; 286
13. The clubhouse and associated golf course 287
where the golf course is adjacent to one or more residential 288
developments and the golf course and all such developments 289
collectively include at least two hundred (200) acres and at least 290
one hundred fifty (150) residential units and are located a. in a 291
county that has voted against coming out from under the dry law; 292
and b. outside of but in close proximity to a municipality in such 293
county which has voted under Section 67-1-14, after January 1, 294
2013, to come out from under the dry law; 295
14. The clubhouse and associated 296
eighteen-hole golf course located in a municipality traversed by 297
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Interstate Highway 55 and U.S. Highway 51 that has voted to come 298
out from under the dry law; 299
15. a. Land that is planned for mixed-use 300
development and consists of at least two hundred (200) contiguous 301
acres with one or more planned residential developments 302
collectively planned to include at least two hundred (200) 303
residential units when completed, and also including a facility 304
that consists of at least four thousand (4,000) square feet that 305
is not part of such land but is located adjacent to or in close 306
proximity thereto, and in addition, also including land located 307
and beginning outside of and adjacent to the south boundary of the 308
corporate limits of a municipality on South Montgomery Street and 309
running approximately one (1) mile west outside of and along such 310
corporate limits, then running in a straight line parallel to 311
South Montgomery Street south to Poor House Road, then running 312
east along Poor House Road to South Montgomery Street, and then 313
running north along South Montgomery Street back to the point of 314
beginning, and which land is located: 315
A. In a county that has voted to 316
come out from under the dry law, 317
B. Outside the corporate limits of 318
any municipality in such county and adjacent to or in close 319
proximity to a golf course located in a municipality in such 320
county, and 321
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C. Within one (1) mile of a state 322
institution of higher learning; 323
b. The board of supervisors of such 324
county may by resolution or other order: 325
A. Specify the hours of operation 326
of facilities that offer alcoholic beverages for sale, 327
B. Specify the percentage of 328
revenue that facilities that offer alcoholic beverages for sale 329
must derive from the preparation, cooking and serving of meals and 330
not from the sale of beverages, and 331
C. Designate the areas in which 332
facilities that offer alcoholic beverages for sale may be located; 333
16. Any facility with a capacity of five 334
hundred (500) people or more, to be used as a venue for private 335
events, on a tract of land in the Southwest Quarter of Section 33, 336
Township 2 South, Range 7 East, of a county where U.S. Highway 45 337
and U.S. Highway 72 intersect and that has not voted to come out 338
from under the dry law; 339
17. One hundred five (105) contiguous acres, 340
more or less, located in Hinds County, Mississippi, and in the 341
City of Jackson, Mississippi, whereon are constructed a variety of 342
buildings, improvements, grounds or objects for the purpose of 343
holding events thereon to promote agricultural and industrial 344
development in Mississippi; 345
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18. Land that is owned by a state institution 346
of higher learning, land that is owned by an entity that is bound 347
by an affiliation agreement with a state institution of higher 348
learning, or land that is owned by one or more other entities so 349
long as such other entities are solely owned, either directly or 350
through additional entities, by an institution of higher learning 351
and/or one or more entities bound by affiliation agreements with 352
such institution, and: 353
a. Located entirely within a county that 354
has elected by majority vote not to permit the transportation, 355
storage, sale, distribution, receipt and/or manufacture of light 356
wine and beer pursuant to Section 67-3-7; and 357
b. A. Located adjacent to but outside 358
the incorporated limits of a municipality that has elected by 359
majority vote to permit the sale, receipt, storage and 360
transportation of light wine and beer pursuant to Section 67-3-9; 361
or 362
B. Located in an area bounded on 363
the north by College View Drive, on the east by Mississippi 364
Highway 12 East, on the south by Mississippi Highway 12 East, on 365
the west by Mill Street, on the north by Russell Street, then on 366
the west by Colonel Muldrow Avenue, on the north by University 367
Drive, on the west by Adkerson Way within a municipality through 368
which run Mississippi Highway 25, Mississippi Highway 12 and U.S. 369
Highway 82. 370
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If any portion of the land described in this item 18 has been 371
declared a qualified resort area by the department before July 1, 372
2020, then that qualified resort area shall be incorporated into 373
the qualified resort area created by this item 18; 374
19. Any facility and related property: 375
a. Used as a flea market or similar 376
venue during a weekend (Saturday and Sunday) immediately preceding 377
the first Monday of a month and having an annual average of at 378
least one thousand (1,000) visitors for each such weekend and five 379
hundred (500) vendors for Saturday of each such weekend, and 380
b. Located in a county that has not 381
voted to come out from under the dry law and outside of but in 382
close proximity to a municipality located in such county and which 383
municipality has voted to come out from under the dry law; 384
20. Blocks 1, 2 and 3 of the original town 385
square in any municipality with a population in excess of one 386
thousand five hundred (1,500) according to the latest federal 387
decennial census and which is located in: 388
a. A county traversed by Interstate 55 389
and Interstate 20, and 390
b. A judicial district that has not 391
voted to come out from under the dry law; 392
21. Any municipality with a population in 393
excess of two thousand (2,000) according to the latest federal 394
decennial census and in which is located a part of White's Creek 395
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Lake and in which U.S. Highway 82 intersects with Mississippi 396
Highway 9 and located in a county that is partially bordered on 397
one (1) side by the Big Black River; 398
22. A restaurant located on a two-acre tract 399
adjacent to a five-hundred-fifty-acre lake in the northeast corner 400
of a county traversed by U.S. Interstate 55 and U.S. Highway 84; 401
23. Any tracts of land in Oktibbeha County, 402
situated north of Bailey Howell Drive, Lee Boulevard and Old 403
Mayhew Road, east of George Perry Street and south of Mississippi 404
Highway 182, and not located on the property of a state 405
institution of higher learning; however, the board of supervisors 406
of such county may by resolution or other order: 407
a. Specify the hours of operation of 408
facilities that offer alcoholic beverages for sale; 409
b. Specify the percentage of revenue 410
that facilities that offer alcoholic beverages for sale must 411
derive from the preparation, cooking and serving of meals and not 412
from the sale of beverages; and 413
c. Designate the areas in which 414
facilities that offer alcoholic beverages for sale may be located; 415
24. A municipality in which Mississippi 416
Highway 27 and Mississippi Highway 28 intersect; 417
25. A municipality through which run 418
Mississippi Highway 35 and Interstate 20; 419
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26. A municipality in which Mississippi 420
Highway 16 and Mississippi Highway 35 intersect; 421
27. A municipality in which U.S. Highway 82 422
and Old Highway 61 intersect; 423
28. A municipality in which Mississippi 424
Highway 8 meets Mississippi Highway 1; 425
29. A municipality in which U.S. Highway 82 426
and Mississippi Highway 1 intersect; 427
30. A municipality in which Mississippi 428
Highway 50 meets Mississippi Highway 9; 429
31. An area bounded on the north by Pearl 430
Street, on the east by West Street, on the south by Court Street 431
and on the west by Farish Street, within a municipality bordered 432
on the east by the Pearl River and through which run Interstate 20 433
and Interstate 55; 434
32. Any facility and related property that: 435
a. Is contracted for mixed-use 436
development improvements consisting of office and residential 437
space and a restaurant and lounge, partially occupying the 438
renovated space of a four-story commercial building which 439
previously served as a financial institution; and adjacent 440
property to the west consisting of a single-story office building 441
that was originally occupied by the Brotherhood of Carpenters and 442
Joiners of American Local Number 569; and 443
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b. Is situated on a tract of land 444
consisting of approximately one and one-tenth (1.10) acres, and 445
the adjacent property to the west consisting of approximately 0.5 446
acres, located in a municipality which is the seat of county 447
government, situated south of Interstate 10, traversed by U.S. 448
Highway 90, partially bordered on one (1) side by the Pascagoula 449
River and having its most southern boundary bordered by the Gulf 450
of Mexico, with a population greater than twenty-two thousand 451
(22,000) according to the 2010 federal decennial census; however, 452
the governing authorities of such a municipality may by ordinance: 453
A. Specify the hours of operation 454
of facilities that offer alcoholic beverages for sale; 455
B. Specify the percentage of 456
revenue that facilities that offer alcoholic beverages for sale 457
must derive from the preparation, cooking and serving of meals and 458
not from the sale of beverages; and 459
C. Designate the areas within the 460
facilities in which alcoholic beverages may be offered for sale; 461
33. Any facility with a maximum capacity of 462
one hundred twenty (120) people that consists of at least three 463
thousand (3,000) square feet being heated and cooled, has a 464
commercial kitchen, has a pavilion that consists of at least nine 465
thousand (9,000) square feet and is located on land more 466
particularly described as follows: 467
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All that part of the East Half of the Northwest Quarter of 468
Section 21, Township 7 South, Range 4 East, Union County, 469
Mississippi, that lies South of Mississippi State Highway 348 470
right-of-way and containing 19.48 acres, more or less. 471
ALSO, 472
The Northeast 38 acres of the Southwest Quarter of Section 473
21, Township 7 South, Range 4 East, Union County, Mississippi. 474
ALSO, 475
The South 81 1/2 acres of the Southwest Quarter of Section 476
21, Township 7 South, Range 4 East, Union County, Mississippi; 477
34. A municipality in which U.S. Highway 51 478
and Mississippi Highway 16 intersect; 479
35. A municipality in which Interstate 20 480
passes over Mississippi Highway 15; 481
36. Any municipality that is bordered in its 482
northwestern boundary by the Pearl River, traversed by U.S. 483
Highway 49 and Interstate 20, and is located in a county which has 484
voted against coming out from under the dry law; 485
37. A municipality in which Mississippi 486
Highway 28 and Mississippi Highway 29 North intersect; 487
38. An area bounded as follows within a 488
municipality through which run Interstate 22 and Mississippi 489
Highway 15: Beginning at a point at the intersection of Bankhead 490
Street and Tallahatchie Trails; then running to a point at the 491
intersection of Tallahatchie Trails and Interstate 22; then 492
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running to a point at the intersection of Interstate 22 and Carter 493
Avenue; then running to a point at the intersection of Carter 494
Avenue and Camp Avenue; then running to a point at the 495
intersection of Camp Avenue and King Street; then running to a 496
point at the intersection of King Street and E. Main Street; then 497
running to a point at the intersection of E. Main Street and Camp 498
Avenue; then running to a point at the intersection of Camp Avenue 499
and Highland Street; then running to a point at the intersection 500
of Highland Street and Adams Street; then running to a point at 501
the intersection of Adams Street and Cleveland Street; then 502
running to a point at the intersection of Cleveland Street and N. 503
Railroad Avenue; then running to a point at the intersection of N. 504
Railroad Avenue and McGill Street; then running to a point at the 505
intersection of McGill Street and Snyder Street; then running to a 506
point at the intersection of Snyder Street and Bankhead Street; 507
then running to a point at the intersection of Bankhead Street and 508
Tallahatchie Trails and the point of the beginning; 509
39. A municipality through which run 510
Mississippi Highway 43 and U.S. Highway 80; 511
40. The coliseum in a municipality in which 512
U.S. Highway 72 passes over U.S. Highway 45; 513
41. A piece of property on the northeast 514
corner of the T-intersection where Builders Square Drive meets 515
Mississippi Highway 471; 516
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
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PAGE 22 (icj\kr)

42. The clubhouse and associated golf course, 517
tennis courts and related facilities and swimming pool and related 518
facilities located on Oaks Country Club Road less than one-half 519
(1/2) mile to the east of Mississippi Highway 15; 520
43. Any facility located on land more 521
particularly described as follows: 522
The East Half (E 1/2) of the Southwest Quarter (SW 1/4) of 523
Section 15, Township 3 North, Range 2 East; a 4 acre parcel in the 524
Southwest Corner of the Southwest Quarter (SW 1/4) of the 525
Southeast Quarter (SE 1/4), Section 15, Township 3 North, Range 2 526
East, running 210 feet east and west and 840 feet running north 527
and south; the Northeast Quarter (NE 1/4) of the Northwest Quarter 528
(NW 1/4) of Section 22, Township 3 North, Range 2 East, all in 529
Rankin County, Mississippi; 530
44. Any facility located on land more 531
particularly described as follows: 532
Beginning at a point 1915 feet west and 2171 feet north of 533
southeast corner, Section 11, Township 24 North, Range 2 West, 534
Second Judicial District, Tallahatchie County, Mississippi, which 535
point is the southwest corner of J.C. Section Lot mentioned in 536
deed recorded in Book 50, page 34, in the records of the Chancery 537
Clerk's Office at Sumner, in said District of said County; thence 538
South 80° West, 19 feet to the east boundary of United States 539
Highway 49-E, thence East along the east boundary of said Highway 540
270 feet to point of beginning of Lot to be conveyed; thence 541
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
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PAGE 23 (icj\kr)

southeast along the east boundary of said Highway 204 feet to a 542
concrete post at the intersection of the east boundary of said 543
Highway with the west boundary of gravel road from Sumner to Webb, 544
known as Oil Mill Road, thence Northwest along west boundary of 545
said Oil Mill Road 194 feet to center of driveway running 546
southwest from said Oil Mill Road to U.S. Highway 49-E; thence 547
South 66° West along center of said driveway 128 feet to point of 548
beginning, being situated in Northwest Quarter of Southeast 549
Quarter of Section 11, together with all improvements situated 550
thereon; 551
45. Any facility that: 552
a. Consists of at least five thousand 553
six hundred (5,600) square feet being heated and cooled along with 554
a lakeside patio that consists of at least two thousand two 555
hundred (2,200) square feet, regardless of whether such patio is 556
part of the facility and/or located adjacent to or in close 557
proximity to the facility; 558
b. Includes a caterer's kitchen and 559
green room for entertainment preparation; 560
c. For a fee is used to host events; and 561
d. Is located adjacent to or in close 562
proximity to an approximately nine-acre lake on property that 563
consists of at least one hundred twenty (120) acres in a county 564
traversed by Mississippi Highway 15 and U.S. Highway 278; 565
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
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PAGE 24 (icj\kr)

46. Any municipality with a population in 566
excess of one thousand (1,000) according to the 2010 federal 567
decennial census and which is located in a county that is 568
traversed by U.S. Highways 84 and 98 and has not voted to come out 569
from under the dry law; 570
47. The clubhouse and associated nine-hole 571
golf course, tennis courts and related facilities and swimming 572
pool and related facilities located on or near U.S. Highway 82 573
between Mississippi Highway 15 and Mississippi Highway 9; 574
48. The downtown square area bound by East 575
Service Drive, Commerce Street, Second Street and Court Street and 576
adjacent properties in a municipality through which run Interstate 577
55, U.S. Highway 51 and Mississippi Highway 306; 578
49. All parcels zoned for mixed-use 579
development located west of Mississippi Highway 589, more than 580
four hundred (400) feet north of Old Highway 24, east of 581
Parkers Creek and Black Creek, and south of J M Burge Road; 582
50. Any facility used by a soccer club and 583
located on Old Highway 11 between one-tenth (0.1) and two-tenths 584
(0.2) of a mile from its intersection with Oak Grove Road, in a 585
county in which U.S. Highway 98 and Mississippi Highway 589 586
intersect; 587
51. Any municipality in which U.S. Highway 49 588
and Mississippi Highway 469 intersect; 589
52. Any facility that is: 590
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 25 (icj\kr)

a. Owned by a Veterans of Foreign Wars 591
(VFW) organization that is a nonprofit corporation and registered 592
with the Mississippi Secretary of State; 593
b. Used by such organization for its 594
headquarters and other organization related purposes; and 595
c. Located outside of a municipality in 596
a county that has not voted to come out from under the dry law; 597
53. The following within a municipality in 598
which U.S. Highway 49 and U.S. 61 Highway intersect and through 599
which flows the Sunflower River: 600
a. An area bounded as follows: Starting 601
at the southern point of the intersection of Sunflower Avenue and 602
1st Street and going south along said avenue on its eastern side 603
to 8th Street, then going east along said street on its northern 604
side to West Tallahatchie Street, then going north along said 605
street on its western side to 4th Street/Martin Luther King 606
Boulevard, then going east along said street/boulevard on its 607
northern side to Desoto Avenue, then going north along said avenue 608
on its western side to 1st Street, then going west along said 609
street on its southern side to the point of beginning along the 610
southern side of Court Street; 611
b. Lots located at or near the 612
intersection of Madison Avenue, Walnut Street, and Riverside 613
Avenue that are in a commercial zone; and 614
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
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c. Any facility located on the west side 615
of Sunflower Avenue to the Sunflower River between the southern 616
side of 6th Street and the northern side of 8th Street and which 617
is operated as and/or was operated as a hotel or lodging facility, 618
in consideration of payment, regardless of whether the facility 619
meets the criteria for the definition of the term "hotel" in 620
paragraph (l) of this section; and 621
d. Any facility located on the west side 622
of Sunflower Avenue to the Sunflower River between the southern 623
side of 3rd Street and the northern side of 4th Street/Martin 624
Luther King Boulevard and which is operated as and/or was operated 625
as a musical venue, in consideration of payment; 626
54. Any municipality in which Mississippi 627
Highway 340 meets Mississippi Highway 15; 628
55. Any municipality in which Mississippi 629
Highway 540 and Mississippi Highway 149 intersect; 630
56. Any municipality in which Mississippi 631
Highway 15 and Mississippi Highway 345/Main Street intersect; 632
57. The property and structures thereon at 633
the following locations within a municipality through which run 634
U.S. Highway 45 and Mississippi Highway 145 and in which 635
Mississippi Highway 370 and Mississippi Highway 145 intersect: 636
104 West Main Street, 106 West Main Street, 108 West Main Street, 637
110 West Main Street and 112 West Main Street; 638
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 27 (icj\kr)

58. Any municipality in which U.S. Highway 11 639
and Main Street intersect and which is located in a county having 640
two (2) judicial districts; 641
59. Any municipality in which Interstate 22 642
passes over Mississippi Highway 9; 643
60. Any facility located on land more 644
particularly described as follows: 645
A certain parcel of land being situated in the Southeast 1/4 646
of the Northeast 1/4 of Section 9, T3N-R3E, Rankin County, 647
Mississippi, and being more particularly described as follows: 648
Commence at an existing 1/2" iron pin marking the Southwest 649
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 650
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 651
seconds East along the East line of the Southeast 1/4 of the 652
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 653
iron pin; leaving said East line of the Southeast 1/4 of the 654
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 655
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 656
thence North 00 degrees 22 minutes 19 seconds East for a distance 657
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 658
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 659
a set 1/2" iron pin marking the POINT OF BEGINNING of the parcel 660
of land herein described; from said POINT OF BEGINNING, continue 661
thence North 00 degrees 16 minutes 18 seconds East along an 662
existing fence for a distance of 493.27 feet to an existing 1/2" 663
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
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PAGE 28 (icj\kr)

iron pin; run thence North 03 degrees 08 minutes 15 seconds East 664
for a distance of 170.22 feet to an existing 1/2" iron pin on the 665
North line of the aforesaid Southeast 1/4 of the Northeast 1/4 of 666
Section 9; run thence North 89 degrees 46 minutes 45 seconds East 667
along said North line of the Southeast 1/4 of the Northeast 1/4 of 668
Section 9 for a distance of 1,305.51 feet to an existing 1/2" iron 669
pin marking Northeast corner thereof; leaving said North line of 670
the Southeast 1/4 of the Northeast 1/4 of Section 9, run thence 671
South 00 degrees 08 minutes 35 seconds West along the East line of 672
said Southeast 1/4 of the Northeast 1/4 of Section 9 for a 673
distance of 663.19 feet to a set 1/2" iron pin; leaving said East 674
line of the Southeast 1/4 of the Northeast 1/4 of Section 9, run 675
thence South 89 degrees 46 minutes 45 seconds West for a distance 676
of 1,315.51 feet to the POINT OF BEGINNING, containing 20.00 677
acres, more or less. 678
And Also: An easement for the purpose of ingress and egress 679
being situated in the Southeast 1/4 of the Northeast 1/4 and in 680
the Northeast 1/4 of the Southeast 1/4 of Section 9, T3N-R3E, 681
Rankin County, Mississippi, and being more particularly described 682
as follows: 683
Begin at an existing 1/2" iron pin marking the Southwest 684
corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of 685
Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 686
seconds East along the East line of the Southeast 1/4 of the 687
Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" 688
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 29 (icj\kr)

iron pin; leaving said East line of the Southeast 1/4 of the 689
Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds 690
East for a distance of 2.08 feet to an existing 1/2" iron pin; run 691
thence North 00 degrees 22 minutes 19 seconds East for a distance 692
of 561.90 feet to an existing 1/2" iron pin; run thence North 00 693
degrees 16 minutes 18 seconds East for a distance of 76.42 feet to 694
a set 1/2" iron pin; run thence North 89 degrees 46 minutes 45 695
seconds East for a distance of 25.00 feet to a set 1/2" iron pin; 696
run thence South 00 degrees 16 minutes 18 seconds West for a 697
distance of 76.66 feet to a set 1/2" iron pin; run thence South 00 698
degrees 22 minutes 19 seconds West for a distance of 619.81 feet 699
to a set 1/2" iron pin; run thence South 89 degrees 43 minutes 01 700
seconds West for a distance of 26.81 feet to a set 1/2" iron pin; 701
run thence North 00 degrees 06 minutes 13 seconds East along the 702
West line of the aforesaid Northeast 1/4 of the Southeast 1/4 of 703
Section 9 for a distance of 25.00 feet to the POINT OF BEGINNING, 704
containing 17,525.4 square feet, more or less. 705
61. Any municipality bordered on the east by 706
the Pascagoula River and on the south by the Mississippi Sound; 707
62. The property and structures thereon 708
located at parcel numbers 4969 198 000; 4969 200 000; 4969 201 709
000; 4969 206 000; 4969 207 000; 4969 208 000; 4969 218 000; 4969 710
199; 4969 204 000 and 4969 204 001, all in Block 4 of the original 711
town square in any municipality with a population in excess of one 712
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 30 (icj\kr)

thousand five hundred (1,500) according to the latest federal 713
decennial census and which is located in: 714
a. A county traversed by Interstate 55 715
and Interstate 20, and 716
b. A judicial district that has not 717
voted to come out from under the dry law; 718
63. Any municipality in which Mississippi 719
Highway 12 meets Mississippi Highway 17; 720
64. Any municipality in which U.S. Highway 49 721
and Mississippi Highway 469 intersect; 722
65. The clubhouse and associated nine-hole 723
golf course and related facilities located on or near the eastern 724
corner of the point at which Golf Course Road meets Athens Road, 725
in a county in which Mississippi Highway 13 and Mississippi 726
Highway 28 intersect, with GPS coordinates of approximately 727
31.900370078041004, -89.7928067652611; 728
66. Any facility located at the 729
south-to-southwest corner of the intersection of Madison Street 730
and Bolton Brownsville Road, in a municipality in which Bolton 731
Brownsville Road passes over Interstate 20, with GPS coordinates 732
of approximately 32.349067271758955, -90.4596221146197; 733
67. Any facility located at the northwest 734
corner of the intersection of Depot Street and Madison Street, in 735
a municipality in which Bolton Brownsville Road passes over 736
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 31 (icj\kr)

Interstate 20, with GPS coordinates of approximately 737
32.34903152971068, -90.46047660172901; 738
68. Any facility located on Hinds Boulevard 739
approximately three-tenths (0.3) of a mile south of the point at 740
which Hinds Boulevard diverges from Clinton Road, in a 741
municipality whose northern boundary partially consists of Snake 742
Creek Road, and whose southern boundary partially consists of 743
Mississippi Highway 18, with GPS coordinates of approximately 744
32.26384517526713, -90.41586570183475; 745
69. Any facility located on Pleasant Grove 746
Drive approximately one and three-tenths (1.3) miles southeast of 747
its intersection with Harmony Drive, in a county through which run 748
Interstate 55 and U.S. Highway 84, with GPS coordinates of 749
approximately 31.512043770371907, -90.2506094382595; 750
70. Any facility located immediately north of 751
the intersection of two roads, both named Mason Clark Drive, 752
located between two-tenths (0.2) and three-tenths (0.3) of a mile 753
southwest of Mississippi Highway 57/63, with GPS coordinates of 754
approximately 31.135950529733048, -88.53068674585575; 755
71. Any facility located on Raj Road 756
approximately three-tenths (0.3) of a mile south of Mississippi 757
Highway 57/63, with GPS coordinates of approximately 758
31.139553708288418, -88.53411203512971; 759
72. Any facility located on Raj Road 760
approximately one-tenth (0.1) of a mile south of Mississippi 761
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
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PAGE 32 (icj\kr)

Highway 57/63, with GPS coordinates of approximately 762
31.14184097577295, -88.53287700849411; 763
73. Any municipality through which run U.S. 764
Highway 45 and Mississippi Highway 145 and in which Mississippi 765
Highway 370 and Mississippi Highway 145 intersect; however, this 766
designation as a qualified resort area shall only apply to the 767
portion of such municipality which is located in a county that has 768
not voted to come out from under the dry law; 769
74. A municipality through which runs a 770
portion of the Tanglefoot Trail and in which Mississippi Highway 771
32 and East Front Street intersect; 772
75. Lot Three (3) in Block One Hundred 773
Seventy-eight (178) of the D.H. McInnis First Survey, sometimes 774
referred to as D.H. McInnis Railroad Addition, to the City of 775
Hattiesburg, the said lot having a frontage of thirty (30) feet on 776
the Eastern side of Front Street and extending back between 777
parallel lines ninety (90) feet to an alley, and being located in 778
the Northwest Quarter of Section 10, Township 4 North, Range 13 779
West, Forrest County, Mississippi; 780
76. An area of land in George County of 781
approximately eight and five hundredths (8.05) acres, bordered on 782
the east and northeast by Brushy Creek, on the northwest by Brushy 783
Creek Road, on the west by Beaver Creek Road, and on the south by 784
a property boundary running east and west; 785
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 33 (icj\kr)

77. A municipality in which Mississippi 786
Highway 15 intersects with Webster Street, and in which Webster 787
Street splits into Mill Street and Maben Starkville Road; 788
78. A municipality in which Mississippi 789
Highway 492 meets Mississippi Highway 35; 790
79. A facility operating as an event venue 791
and located on Mississippi Highway 589, with GPS coordinates of 792
approximately 31.36730, -89.50548; 793
80. An area situated in the SW 1/4 of Section 794
12, T7N-R2E, Madison County, Mississippi, and commencing at the 795
point on the Ross Barnett Reservoir directly east of the 796
intersection of North Natchez Street and Louisiana Street, then go 797
west on Louisiana Street to the intersection of Louisiana Street 798
and Andrew Jackson Street, then west on Andrew Jackson Street to 799
the intersection of Andrew Jackson Street and Choctaw Street, then 800
north on Choctaw Street to the intersection of Choctaw Street and 801
Republic Street, then west on Republic Street to the intersection 802
of Republic Street and Port Street, then north on Port Street to 803
the Natchez Trace right-of-way, then east on the Natchez Trace 804
right-of-way to the Ross Barnett Reservoir, then following the 805
Ross Barnett Reservoir south back to the point of beginning; 806
81. Any facility located on land more 807
particularly described as follows: 808
Commencing at a fence corner at the Northeast corner of 809
Section 34, Township 6 South, Range 3 East, Union County, 810
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 34 (icj\kr)

Mississippi, for the point of beginning; thence run South 00 811
degrees 31 minutes 39 seconds East, along the Section line, a 812
distance of 161.83 feet to a one-half inch iron pin, thence North 813
88 degrees 20 minutes 48 seconds West, along a fence, a distance 814
of 1221.09 feet to a one-half iron pin, thence South 09 degrees 45 815
minutes 37 seconds West, along a fence, a distance of 61.49 feet 816
to a one-half inch iron pin, thence North 84 degrees l8 minutes 01 817
seconds West, along a fence, (passing through a one-half inch iron 818
pin at 196.83 feet) a distance of 234.62 feet to a mag-nail on the 819
centerline of Union County Road No. 137, thence North 11 degrees 820
00 minutes 29 seconds East a distance of 187.87 feet to a one-half 821
inch iron pin on the West edge of said road, thence North 29 822
degrees 41 minutes 28 seconds East a distance of 59.28 feet to a 823
point on the centerline of said road, thence South 89 degrees 13 824
minutes 02 seconds East (passing through a one-half inch iron pin 825
at 30.0 feet) along the South line of the Bernard Whiteside 826
property as recorded in Deed Book 117, Pages 517-518 and Deed Book 827
214, page 109, a distance of 646.07 feet to a concrete monument, 828
thence South 89 degrees 13 minutes 02 seconds East a distance of 829
751.31 feet to a one-half inch iron pin, thence South 00 degrees 830
31 minutes 39 seconds East, along the aforesaid Section line, a 831
distance of 52.93 feet to the point of beginning, said tract lying 832
in the Southeast Quarter of Section 27, and the Northeast Quarter 833
of Section 34, Township 6 South, Range 3 East and containing 6.99 834
acres. 835
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 35 (icj\kr)

Subject to a perpetual all purpose non-exclusive easement for 836
ingress, egress and public utilities together the right to enter 837
upon the above described property and do any and all work 838
necessary to build, repair and maintain a roadway or well or 839
install public utilities all over upon and across the following 840
described property: 841
A 25.0 foot easement for ingress and egress, being 12.5 feet 842
to the right and 12.5 feet to the left of the following described 843
centerline: Commencing at a fence corner at the Northeast corner 844
of Section 34, Township 6 South, Range 3 East, Union County, 845
Mississippi, thence run South 00 degrees 31 minutes 39 seconds 846
East, along the Section line, a distance of 149.33 feet to the 847
point of beginning; thence North 88 degrees 20 minutes 48 seconds 848
West a distance of 1231.46 feet to a point, thence South 09 849
degrees 45 minutes 37 seconds West a distance of 61.49 feet to a 850
point, thence North 84 degrees 18 minutes 01 seconds West a 851
distance of 221.82 feet to a point on the centerline of Union 852
County Road #137, said tract lying in the Northeast Quarter of 853
Section 34, Township 6 South, Range 3 East; 854
82. A country club located: 855
a. In a county in which Mississippi 856
Highway 15 and Mississippi Highway 16 intersect and which county 857
has not voted to come out from under the dry law, and 858
b. Outside the corporate limits of any 859
municipality in such county and within one (1) mile of the 860
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 36 (icj\kr)

corporate limits of a municipality that is the county seat of such 861
county; 862
83. Any facility located on North Jackson 863
Street in a municipality through which run Mississippi Highway 8 864
and Mississippi Highway 15, with GPS coordinates of approximately 865
33.913692, -89.005219; 866
84. Any facility located on North Jackson 867
Street in a municipality through which run Mississippi Highway 8 868
and Mississippi Highway 15, with GPS coordinates of approximately 869
33.905581, -89.00200; 870
85. Any facility located on land more 871
particularly described as follows: 872
Commencing at the Southeast corner of Section 4, Township 873
6 South, Range 18 West, Pearl River County, Mississippi; 874
thence West 1310.00 feet to a T-bar; thence North 745.84 feet; 875
thence East 132.00 feet to a 1" iron pipe; thence North 83.61 876
feet for the Point of Beginning; thence South 79 degrees 02 877
minutes 61 seconds West 248.28 feet; thence West 76.35 feet; 878
thence North 20 degrees 00 minutes 00 seconds West 185.54 879
feet; thence North 52 degrees 43 minutes 14 seconds East 365.98 880
feet to a 1" iron pipe on the West margin of Henry Smith Road, 881
a gravel/paved, public road; thence along said margin South 17 882
degrees 59 minutes 13 seconds East 299.09 feet; thence South 883
64.39 feet to the Point of Beginning. This parcel containing 884
2.19 acres and being a part of the East 1/2 of Section 4, 885
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 37 (icj\kr)

Township 6 South, Range 18 West, Pearl River County, 886
Mississippi. 887
INDEXING: BEING A PART OF THE EAST 1/2 OF SECTION 4, 888
TOWNSHIP 6 SOUTH, RANGE 18 WEST, PEARL RIVER COUNTY, 889
MISSISSIPPI; 890
86. Any facility located on land in a county 891
through which run Mississippi Highway 25 and U.S. Highway 82 and 892
more particularly described as follows: Beginning at a point with 893
GPS coordinates of approximately 33.331869, -88.715054; then 894
running in a straight line to a point with GPS coordinates of 895
approximately 33.336207, -88.713453; then running in a straight 896
line to a point with GPS coordinates of approximately 33.335369, 897
-88.709835; then running in a straight line to a point with GPS 898
coordinates of approximately 33.330870, -88.711496; then running 899
in a straight line to a point with GPS coordinates of 900
approximately 33.331869, -88.715054 and the point of the 901
beginning; 902
87. Any facility located on land that is 903
owned by a community college that is located in a county through 904
which run U.S. Highway 51 and Mississippi Highway 4; 905
88. Any facility located on Mississippi 906
Highway 23/178 in a municipality in which Mississippi Highway 907
23/178 and Stone Drive intersect, with GPS coordinates of 908
approximately 34.235269, -88.262409; 909
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 38 (icj\kr)

89. Any facility located on U.S. Highway 51 910
in a municipality through which run Interstate 55, U.S. Highway 51 911
and the Natchez Trace Parkway, with GPS coordinates of 912
approximately 32.42042°N, 90.13473°W; 913
90. Any facility located on Mullican Road in 914
a county through which run U.S. Highway 84 and Interstate 59, 915
with GPS coordinates of approximately 31.73395N, 89.18186W; 916
91. Any facility located on land in a county 917
through which run Mississippi Highway 25 and U.S. Highway 82 and 918
more particularly described as follows: Beginning at a point with 919
GPS coordinates of approximately 33.37391, -88.80645; then running 920
in a straight line to a point with GPS coordinates of 921
approximately 33.37391, -88.79972; then running in a straight line 922
to a point with GPS coordinates of approximately 33.36672, 923
-88.80644; then running in a straight line to a point with GPS 924
coordinates of approximately 33.36674, -88.79971; then running in 925
a straight line to a point with GPS coordinates of approximately 926
33.37391, -88.80645 and the point of the beginning; 927
92. Any facility located on land more 928
particularly described as follows: 929
All that part of the South half (S 1/2) of the SE 1/4 of NE 930
1/4 of Section 14, Township 4 North, Range 15 West, lying and 931
being West of State Highway No. 589, containing one (1) acre, more 932
or less. 933
LESS AND EXCEPT: 934
S. B. No. 2916 *SS26/R886* ~ OFFICIAL ~
26/SS26/R886
PAGE 39 (icj\kr)

Begin at the point of intersection of the North line of the 935
South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 14, 936
Township 4 North, Range 15 West with the present Southwesterly 937
right-of-way line of Mississippi Highway No. 589, said point is 938
also the Northeast corner of grantor property; said point is 50.6 939
feet West of Station 7 + 59.27 on the centerline of survey of 940
Mississippi Highway No. 589 as shown on the plans for State 941
Project No. SP-0014-2(10); from said POINT OF BEGINNING run thence 942
South 08°57' East along said present Southwesterly right-of-way 943
line, a distance of 37.1 feet to a point that is perpendicular to 944
and 50 feet Southwesterly of Station 7 + 30 on the centerline of 945
survey of Mississippi Highway 589 as shown on the plans for said 946
project; run thence South 81°03' West, a distance of 35.7 feet to 947
the West line of the South 1/2 of the Southeast 1/4 of the 948
Northeast 1/4 of said Section 14 and the West line of grantors 949
property; run thence North along said West property line, a 950
distance of 42.2 feet to the Northwest corner of the South 1/2 of 951
the Southeast 1/4 of the Northeast 1/4 of said Section 14 and the 952
Northwest corner of grantors property; run thence East along 953
grantors North property line, a distance of 29.5 feet to the POINT 954
OF BEGINNING containing 0.03 acres, more or less, and all being 955
situated in and a part of the South 1/2 of the Southeast 1/4 of 956
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 957
Lamar County, Mississippi. 958
LESS AND EXCEPT: 959
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A part of the South one-half of the Southeast 1/4 of 960
Northeast 1/4, Northerly of a certain fence and West of 961
Mississippi State Highway 589, in Section 14, Township 4 North, 962
Range 15 West, Lamar County, Mississippi and more particularly 963
described as commencing at a pine (lighter) stake being used as 964
the Southwest corner of the Northeast 1/4 of Southeast 1/4 of the 965
above said Section 14, thence North and along the West line of the 966
East 1/4 of the above said Section 14 1638.8 feet to the POINT OF 967
BEGINNING. Thence continue North and along the West line of the 968
East 1/4 of the above said Section 14, 278.5 feet to the Southerly 969
line of the property Bobby G. Aultman and Marilyn S. Aultman 970
previously sold to the Mississippi State Highway Department; 971
thence North 81°03' East and along the above said Southerly 972
property line for 35.7 feet more or less to the Westerly 973
right-of-way line of Mississippi State Highway 589; thence 974
Southeasterly and along the above said Westerly right-of-way line 975
232.7 feet to a concrete right-of-way marker; thence South 51°39' 976
West and along the Northerly line of a wooden fence 88 feet to the 977
POINT OF BEGINNING. 978
AND ALSO: 979
A parcel of land in a part of the Southeast 1/4 of Northwest 980
1/4 and a part of the Southwest 1/4, Section 14, Township 4 North, 981
Range 15 West, Lamar County, Mississippi, and more particularly 982
described as beginning at a point where the Southerly right-of-way 983
line of U.S. Highway 98 intersects the West line of the above said 984
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Southeast 1/4 of Northwest 1/4; thence North 67°34' East and along 985
the Southerly right-of-way line of said highway 208.75 feet; 986
thence South 208.75 feet; thence South 67°34' West 208.75 feet; 987
thence South 141.3 feet; thence North 89°07'30" West 388.9 feet to 988
the centerline of Parkers Creek; thence Northerly and along the 989
centerline of said creek for the next three (3) calls: North 990
35°53' East 115.6 feet; North 25°05' East 68.5 feet; North 991
09°51'30" West 64.3 feet to the Southerly right-of-way line of 992
U.S. Highway 98; thence North 67°34' East and along the Southerly 993
right-of-way line of said highway 327.85 feet to the POINT OF 994
BEGINNING. The above described area contains 3.02 acres. 995
AND ALSO: 996
Commencing at the Southwest corner of the Southwest 1/4 of 997
the Northeast 1/4 of Section 14, Township 4 North, Range 15 West, 998
Lamar County, Mississippi, run South 88°05'27" East 310.00 feet, 999
thence South 0°53'16" West 60.50 feet to a point on a fence line, 1000
thence run along fence line South 88°05'27" East 718.93 feet to 1001
the POINT OF BEGINNING, thence North 08°48'10" West 714.67 feet to 1002
a point on the South right-of-way line of Highway No. 98, thence 1003
along said right-of-way along a curve to the right with a delta 1004
angle of 02°04'26" having a radius of 5603.58 feet and an arc 1005
length of 202.84 feet, with a chord bearing a distance of North 1006
71°53'47" East 202.83 feet to a Concrete Highway right-of-way 1007
marker, thence South 20°09'13" East 328.13 feet, thence South 1008
69°00'47" East 117.68 feet, thence South 0°58'19" West 429.12 feet 1009
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to a Point on Possession Line fence, thence along said fence North 1010
88°05'27" West 299.23 feet back to the POINT OF BEGINNING, 1011
containing 5.0885 acres, more or less and being situated in the SW 1012
1/4 of the NE 1/4 and the NW 1/4 of the SE l/4 of said Section 14, 1013
together with all improvements and appurtenances thereunto 1014
belonging. 1015
AND ALSO: 1016
PARCEL NUMBER ONE: That part of the Northwest Quarter of the 1017
Southwest Quarter (Northwest 1/4 of the Southwest 1/4) of Section 1018
14, Township 4 North, Range 15 West, of Lamar County, Mississippi, 1019
being located and situated East of the center thread of Mill Creek 1020
as the same presently runs through and bisects said 40-acre tract, 1021
and comprising 10.9 acres, more or less, and all being part of the 1022
Northwest Quarter of the Southwest Quarter (Northwest 1/4 of the 1023
Southwest 1/4) of said Section, Township and Range, Lamar County, 1024
Mississippi. 1025
AND ALSO: 1026
PARCEL NUMBER TWO: A part of the Southeast Quarter of the 1027
Northwest Quarter (Southeast 1/4 of the Northwest 1/4) and part of 1028
the Northeast Quarter of the Southwest (Northeast 1/4 of the 1029
Southwest 1/4) all in Section 14, Township 4 North, Range 15 West, 1030
Lamar County, Mississippi, being more particularly described as 1031
follows, to wit: 1032
Beginning at a point where the South margin of State Highway 1033
98 intersects the West margin of the Southeast 1/4 of the 1034
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Northwest 1/4 of Section 14, Township 4 North, Range 15 West, and 1035
run Easterly along the South margin of said highway right-of-way 1036
208.75 feet; thence South 208.75 feet; thence Westerly parallel 1037
with the South margin of said highway right-of-way 208.75 feet to 1038
the West forty line; thence North 208.75 feet to the POINT OF 1039
BEGINNING, containing 1 acre, more or less. 1040
LESS AND EXCEPT: 1041
Begin at the point of intersection of an Easterly line of 1042
grantors property with the present Southerly right-of-way line of 1043
U.S. Highway 98 as shown on the plans for State Project No. 1044
97-0014-02-044-10; from said POINT OF BEGINNING run thence South 1045
02°56' West along said Easterly property line, a distance of 127.6 1046
feet; thence run South 69°11' West, a distance of 52.9 feet; 1047
thence run South 67°13' West, a distance of 492.7 feet to the 1048
Westerly line of grantors property and the center of a creek; 1049
thence run Northerly along said Westerly property line and said 1050
center of creek, a distance of 122.8 feet to said present 1051
Southerly right-of-way line; thence run North 67°13' East along 1052
said present Southerly right-of-way line, a distance of 553.4 feet 1053
to the POINT OF BEGINNING, containing 1.43 acres, more or less, 1054
and being situated in and a part of the North 1/2 of the Southwest 1055
1/4 of Section 14, Township 4 North, Range 15 West, Lamar County, 1056
Mississippi. 1057
LESS AND EXCEPT: 1058
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COMMENCING AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 4 1059
NORTH, RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI, PROCEED EAST 1060
2136.60 FEET; THENCE NORTH 2508.67 FEET TO AN IRON PIN AND THE 1061
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 1062
FROM THE DESCRIBED POINT OF BEGINNING, PROCEED NORTH 1063
11°19'49" EAST 217.55 FEET TO AN IRON PIN; THENCE NORTH 40°11'01" 1064
EAST 118.28 FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 1065
179.15 FEET TO AN IRON PIN ON THE SOUTHERN BOUNDARY OF U.S. 1066
HIGHWAY 98; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY BOUNDARY OF 1067
SAID HIGHWAY AS FOLLOWS: SOUTH 67°35'21" WEST 699.55 FEET TO AN 1068
IRON PIN; THENCE SOUTH 69°16'57" WEST 67.67 FEET TO A CONCRETE 1069
RIGHT-OF-WAY MARKER; THENCE SOUTH 67°35'21" WEST 310.34 FEET TO AN 1070
IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 01°25'53" WEST 1071
667.21 FEET TO AN IRON PIN; THENCE NORTH 67°35'21" EAST 491.91 1072
FEET TO AN IRON PIN; THENCE NORTH 22°24'39" WEST 193.77 FEET TO AN 1073
IRON PIN; THENCE NORTH 67°35'21" EAST 629.48 FEET BACK TO THE 1074
POINT OF BEGINNING. 1075
SAID PARCEL CONTAINS 12.39 ACRES AND IS LOCATED PART IN THE 1076
SE 1/4 OF THE NW 1/4, PART IN THE NE 1/4 OF THE SW 1/4, AND PART 1077
IN THE NW 1/4 OF THE SW 1/4, ALL IN SECTION 14, TOWNSHIP 4 NORTH, 1078
RANGE 15 WEST, LAMAR COUNTY, MISSISSIPPI; 1079
93. The clubhouse and associated golf course, 1080
tennis courts, swimming pools and related facilities located at 1081
333 Fairway Drive, Pontotoc, Mississippi; 1082
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94. Any facility located on land more 1083
particularly described as follows: 1084
A 4.16 acre parcel being situated in the SE 1/4 of SE 1/4 of 1085
Section 31, T3N-R1E, Rankin County, Mississippi, and being more 1086
particularly described as follows: 1087
Commencing at the SE corner of said Section 31, run thence 1088
WEST - 643.33 feet to a point on the mean high water line of the 1089
Pearl River; thence North 10 degrees 50 minutes 51 seconds West - 1090
444.38 feet along said mean high water line; thence North 11 1091
degrees 58 minutes 08 seconds West - 58.90 feet along said mean 1092
high water line to the POINT OF BEGINNING: run thence North 11 1093
degrees 58 minutes 08 seconds West - 326.63 feet along said mean 1094
high water line; thence North 19 degrees 52 minutes 24 seconds 1095
West - 74.80 feet along said mean high water line; thence North 78 1096
degrees 01 minutes 52 seconds East - 464.81 feet; thence South 07 1097
degrees 25 minutes 10 seconds East - 39.75 feet; thence South 11 1098
degrees 58 minutes 08 seconds East - 361.10 feet; thence South 78 1099
degrees 01 minutes 52 seconds West - 451.31 feet to the POINT OF 1100
BEGINNING. 1101
TOGETHER WITH a 30 foot wide access easement being situated 1102
in the SE 1/4 of Section 31, T3N, R1E, Rankin County, Mississippi; 1103
being 15 feet either side of a centerline and being more 1104
particularly described as follows: 1105
Commencing at the SE corner of said Section, run thence North 1106
- 380.22 feet to a point on the northerly right-of-way of Moncure 1107
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Road; thence North 86 degrees 39 minutes 56 seconds West - 257.25 1108
feet along said road to the POINT OF BEGINNING; run thence North 1109
11 degrees 58 minutes 08 seconds West - 557.86 feet to the POINT 1110
OF TERMINUS; 1111
95. Any municipality in which Mississippi 1112
Highway 26 and U.S. Highway 11 intersect and a public community 1113
college is located; 1114
96. Any municipality in which Mississippi 1115
Highway 15 meets U.S. Highway 82; 1116
97. Any facility and/or venue and related 1117
property at 305 South Monroe Street, Houston, Mississippi. 1118
The status of these municipalities, districts, clubhouses, 1119
facilities, golf courses and areas described in this paragraph 1120
(o)(iii) as qualified resort areas does not require any 1121
declaration of same by the department. 1122
The governing authorities of a municipality or county 1123
described, in whole or in part, in item 6, 21, 24, 25, 26, 27, 28, 1124
29, 30, 31, 34, 35, 36, 37, 38, 39, 46, 48, 51, 53, 54, 55, 56, 1125
58, 59, 61, 63, 64, 66, 67, 68, 73, 74, 83, 84, 93, 94, 95, 96, or 1126
97 of this paragraph (o)(iii) may by ordinance, with respect to 1127
the qualified resort area described in the same item: specify the 1128
hours of operation of facilities offering alcoholic beverages for 1129
sale; specify the percentage of revenue that facilities offering 1130
alcoholic beverages for sale must derive from the preparation, 1131
cooking and serving of meals and not from the sale of beverages; 1132
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and designate the areas in which facilities offering alcoholic 1133
beverages for sale may be located. 1134
(p) "Native wine" means any product, produced in 1135
Mississippi for sale, having an alcohol content not to exceed 1136
twenty-one percent (21%) by weight and made in accordance with 1137
revenue laws of the United States, which shall be obtained 1138
primarily from the alcoholic fermentation of the juice of ripe 1139
grapes, fruits, berries, honey or vegetables grown and produced in 1140
Mississippi; provided that bulk, concentrated or fortified wines 1141
used for blending may be produced without this state and used in 1142
producing native wines. The department shall adopt and promulgate 1143
rules and regulations to permit a producer to import such bulk 1144
and/or fortified wines into this state for use in blending with 1145
native wines without payment of any excise tax that would 1146
otherwise accrue thereon. 1147
(q) "Native winery" means any place or establishment 1148
within the State of Mississippi where native wine is produced, in 1149
whole or in part, for sale. 1150
(r) "Bed and breakfast inn" means an establishment 1151
within a municipality where in consideration of payment, breakfast 1152
and lodging are habitually furnished to travelers and wherein are 1153
located not less than eight (8) and not more than nineteen (19) 1154
adequately furnished and completely separate sleeping rooms with 1155
adequate facilities, that persons usually apply for and receive as 1156
overnight accommodations; however, such restriction on the minimum 1157
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number of sleeping rooms shall not apply to establishments on the 1158
National Register of Historic Places. No place shall qualify as a 1159
bed and breakfast inn under this article unless on the date of the 1160
initial application for a license under this article more than 1161
fifty percent (50%) of the sleeping rooms are located in a 1162
structure formerly used as a residence. 1163
(s) "Board" shall refer to the Board of Tax Appeals of 1164
the State of Mississippi. 1165
(t) "Spa facility" means an establishment within a 1166
municipality or qualified resort area and owned by a hotel where, 1167
in consideration of payment, patrons receive from licensed 1168
professionals a variety of private personal care treatments such 1169
as massages, facials, waxes, exfoliation and hairstyling. 1170
(u) "Art studio or gallery" means an establishment 1171
within a municipality or qualified resort area that is in the sole 1172
business of allowing patrons to view and/or purchase paintings and 1173
other creative artwork. 1174
(v) "Cooking school" means an establishment within a 1175
municipality or qualified resort area and owned by a nationally 1176
recognized company that offers an established culinary education 1177
curriculum and program where, in consideration of payment, patrons 1178
are given scheduled professional group instruction on culinary 1179
techniques. For purposes of this paragraph, the definition of 1180
cooking school shall not include schools or classes offered by 1181
grocery stores, convenience stores or drugstores. 1182
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(w) "Campus" means property owned by a public school 1183
district, community or junior college, college or university in 1184
this state where educational courses are taught, school functions 1185
are held, tests and examinations are administered or academic 1186
course credits are awarded; however, the term shall not include 1187
any "restaurant" or "hotel" that is located on property owned by a 1188
community or junior college, college or university in this state, 1189
and is operated by a third party who receives all revenue 1190
generated from food and alcoholic beverage sales. 1191
(x) "Native spirit" shall mean any beverage, produced 1192
in Mississippi for sale, manufactured primarily by the 1193
distillation of fermented grain, starch, molasses or sugar 1194
produced in Mississippi, including dilutions and mixtures of these 1195
beverages. In order to be classified as "native spirit" under the 1196
provisions of this article, at least fifty-one percent (51%) of 1197
the finished product by volume shall have been obtained from 1198
distillation of fermented grain, starch, molasses or sugar grown 1199
and produced in Mississippi. 1200
(y) "Native distillery" shall mean any place or 1201
establishment within this state where native spirit is produced in 1202
whole or in part for sale. 1203
(z) "Warehouse operator" shall have the meaning 1204
ascribed in Section 67-1-201. 1205
(aa) "Craft spirit" shall mean any alcoholic beverage 1206
produced, in whole or in part, in Mississippi by a distillery 1207
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created under the laws of Mississippi at a location within 1208
Mississippi. 1209
(bb) "Craft distillery" shall mean any place or 1210
establishment within this state where craft spirit is produced in 1211
whole or in part. 1212
(aa) "Grocery store" means a physical establishment 1213
that has an inventory of human-consumable items and is located in 1214
a wet county, municipality, judicial district or area. 1215
SECTION 2. Section 67-1-51, Mississippi Code of 1972, is 1216
amended as follows: 1217
67-1-51. (1) Permits which may be issued by the department 1218
shall be as follows: 1219
(a) Manufacturer's permit. A manufacturer's permit 1220
shall permit the manufacture, importation in bulk, bottling and 1221
storage of alcoholic liquor and its distribution and sale to 1222
manufacturers holding permits under this article in this state and 1223
to persons outside the state who are authorized by law to purchase 1224
the same, and to sell as provided by this article. 1225
Manufacturer's permits shall be of the following classes: 1226
Class 1. Distiller's and/or rectifier's permit, which shall 1227
authorize the holder thereof to operate a distillery for the 1228
production of distilled spirits by distillation or redistillation 1229
and/or to operate a rectifying plant for the purifying, refining, 1230
mixing, blending, flavoring or reducing in proof of distilled 1231
spirits and alcohol. 1232
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Class 2. Wine manufacturer's permit, which shall authorize 1233
the holder thereof to manufacture, import in bulk, bottle and 1234
store wine or vinous liquor. 1235
Class 3. Native wine producer's permit, which shall 1236
authorize the holder thereof to produce, bottle, store and sell 1237
native wines. 1238
Class 4. Native spirit producer's permit, which shall 1239
authorize the holder thereof to produce, bottle, store and sell 1240
native spirits. 1241
Class 5. Craft spirit producer's permit, which shall 1242
authorize the holder thereof to perform any act or thing in the 1243
process of making craft spirit, including the manufacture, 1244
importation, bottling, and storage of alcoholic liquor and its 1245
sale. 1246
(b) Package retailer's permit. Except as otherwise 1247
provided in this paragraph and Section 67-1-52, a package 1248
retailer's permit shall authorize the holder thereof to operate a 1249
store exclusively for the sale at retail in original sealed and 1250
unopened packages of alcoholic beverages, including native wines, 1251
native spirits, craft spirits, and edibles, not to be consumed on 1252
the premises where sold. Alcoholic beverages shall not be sold by 1253
any retailer in any package or container containing less than 1254
fifty (50) milliliters by liquid measure. A package retailer's 1255
permit, with prior approval from the department, shall authorize 1256
the holder thereof to sample new product furnished by a 1257
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manufacturer's representative or his employees at the permitted 1258
place of business so long as the sampling otherwise complies with 1259
this article and applicable department regulations. Such samples 1260
may not be provided to customers at the permitted place of 1261
business. In addition to the sale at retail of packages of 1262
alcoholic beverages, the holder of a package retailer's permit is 1263
authorized to sell at retail * * * other products and merchandise, 1264
except beer, provided that at least fifty percent (50%) of the 1265
revenue of the licensed premises is derived from the retail sale 1266
in original sealed and unopened packages of alcoholic beverages, 1267
including native wines, not to be consumed on the premises where 1268
sold. Nonalcoholic beverages sold by the holder of a package 1269
retailer's permit shall not be consumed on the premises where 1270
sold. 1271
(c) On-premises retailer's permit. Except as otherwise 1272
provided in subsection (5) of this section, an on-premises 1273
retailer's permit shall authorize the sale of alcoholic beverages, 1274
including native wines, native spirits, and craft spirits, for 1275
consumption on the licensed premises only; however, a patron of 1276
the permit holder may remove one (1) bottle of wine from the 1277
licensed premises if: (i) the patron consumed a portion of the 1278
bottle of wine in the course of consuming a meal purchased on the 1279
licensed premises; (ii) the permit holder securely reseals the 1280
bottle; (iii) the bottle is placed in a bag that is secured in a 1281
manner so that it will be visibly apparent if the bag is opened; 1282
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and (iv) a dated receipt for the wine and the meal is available. 1283
Additionally, as part of a carryout order, a permit holder may 1284
sell one (1) bottle of wine to be removed from the licensed 1285
premises for every two (2) entrees ordered. In addition, an 1286
on-premises retailer's permittee at a permitted premises located 1287
on Jefferson Davis Avenue within one-half (1/2) mile north of U.S. 1288
Highway 90 may serve alcoholic beverages by the glass to a patron 1289
in a vehicle using a drive-through method of delivery if the 1290
permitted premises is located in a leisure and recreation district 1291
established under Section 67-1-101. Such a sale will be 1292
considered to be made on the permitted premises. An on-premises 1293
retailer's permit shall be issued only to qualified hotels, 1294
restaurants and clubs, small craft breweries, microbreweries, and 1295
to common carriers with adequate facilities for serving 1296
passengers. In resort areas, however, whether inside or outside 1297
of a municipality, the department, in its discretion, may issue 1298
on-premises retailer's permits to any establishments located 1299
therein as it deems proper. An on-premises retailer's permit when 1300
issued to a common carrier shall authorize the sale and serving of 1301
alcoholic beverages aboard any licensed vehicle while moving 1302
through any county of the state; however, the sale of such 1303
alcoholic beverages shall not be permitted while such vehicle is 1304
stopped in a county that has not legalized such sales. If an 1305
on-premises retailer's permit is applied for by a common carrier 1306
operating solely in the water, such common carrier must, along 1307
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with all other qualifications for a permit, (i) be certified to 1308
carry at least one hundred fifty (150) passengers and/or provide 1309
overnight accommodations for at least fifty (50) passengers and 1310
(ii) operate primarily in the waters within the State of 1311
Mississippi which lie adjacent to the State of Mississippi south 1312
of the three (3) most southern counties in the State of 1313
Mississippi and/or on the Mississippi River or navigable waters 1314
within any county bordering on the Mississippi River. 1315
(d) Solicitor's permit. A solicitor's permit shall 1316
authorize the holder thereof to act as salesman for a manufacturer 1317
or wholesaler holding a proper permit, to solicit on behalf of his 1318
employer orders for alcoholic beverages, and to otherwise promote 1319
his employer's products in a legitimate manner. Such a permit 1320
shall authorize the representation of and employment by one (1) 1321
principal only. However, the permittee may also, in the 1322
discretion of the department, be issued additional permits to 1323
represent other principals. No such permittee shall buy or sell 1324
alcoholic beverages for his own account, and no such beverage 1325
shall be brought into this state in pursuance of the exercise of 1326
such permit otherwise than through a permit issued to a wholesaler 1327
or manufacturer in the state. 1328
(e) Native wine retailer's permit. Except as otherwise 1329
provided in subsection (5) of this section, a native wine 1330
retailer's permit shall be issued only to a holder of a Class 3 1331
manufacturer's permit, and shall authorize the holder thereof to 1332
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make retail sales of native wines to consumers for on-premises 1333
consumption or to consumers in originally sealed and unopened 1334
containers at an establishment located on the premises of or in 1335
the immediate vicinity of a native winery. When selling to 1336
consumers for on-premises consumption, a holder of a native wine 1337
retailer's permit may add to the native wine alcoholic beverages 1338
not produced on the premises, so long as the total volume of 1339
foreign beverage components does not exceed twenty percent (20%) 1340
of the mixed beverage. Hours of sale shall be the same as those 1341
authorized for on-premises permittees in the city or county in 1342
which the native wine retailer is located. 1343
(f) Temporary retailer's permit. Except as otherwise 1344
provided in subsection (5) of this section, a temporary retailer's 1345
permit shall permit the purchase and resale of alcoholic 1346
beverages, including native wines and native spirits, during legal 1347
hours on the premises described in the temporary permit only. 1348
Temporary retailer's permits shall be of the following 1349
classes: 1350
Class 1. A temporary one-day permit may be issued to bona 1351
fide nonprofit civic or charitable organizations authorizing the 1352
sale of alcoholic beverages, including native wine, native 1353
spirits, and craft spirits, for consumption on the premises 1354
described in the temporary permit only. Class 1 permits may be 1355
issued only to applicants demonstrating to the department, by a 1356
statement signed under penalty of perjury submitted ten (10) days 1357
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prior to the proposed date or such other time as the department 1358
may determine, that they meet the qualifications of Sections 1359
67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding 1360
paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all 1361
alcoholic beverages from package retailers located in the county 1362
in which the temporary permit is issued. Alcoholic beverages 1363
remaining in stock upon expiration of the temporary permit may be 1364
returned by the permittee to the package retailer for a refund of 1365
the purchase price upon consent of the package retailer or may be 1366
kept by the permittee exclusively for personal use and 1367
consumption, subject to all laws pertaining to the illegal sale 1368
and possession of alcoholic beverages. The department, following 1369
review of the statement provided by the applicant and the 1370
requirements of the applicable statutes and regulations, may issue 1371
the permit. 1372
Class 2. A temporary permit, not to exceed seventy (70) 1373
days, may be issued to prospective permittees seeking to transfer 1374
a permit authorized in paragraph (c) of this subsection. A Class 1375
2 permit may be issued only to applicants demonstrating to the 1376
department, by a statement signed under the penalty of perjury, 1377
that they meet the qualifications of Sections 67-1-5(l), (m), (n), 1378
(o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 1379
67-1-59. The department, following a preliminary review of the 1380
statement provided by the applicant and the requirements of the 1381
applicable statutes and regulations, may issue the permit. 1382
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Class 2 temporary permittees must purchase their alcoholic 1383
beverages directly from the department or, with approval of the 1384
department, purchase the remaining stock of the previous 1385
permittee. If the proposed applicant of a Class 1 or Class 2 1386
temporary permit falsifies information contained in the 1387
application or statement, the applicant shall never again be 1388
eligible for a retail alcohol beverage permit and shall be subject 1389
to prosecution for perjury. 1390
Class 3. A temporary one-day permit may be issued to a 1391
retail establishment authorizing the complimentary distribution of 1392
wine, including native wine, to patrons of the retail 1393
establishment at an open house or promotional event, for 1394
consumption only on the premises described in the temporary 1395
permit. A Class 3 permit may be issued only to an applicant 1396
demonstrating to the department, by a statement signed under 1397
penalty of perjury submitted ten (10) days before the proposed 1398
date or such other time as the department may determine, that it 1399
meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) 1400
and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. 1401
A Class 3 permit holder shall obtain all alcoholic beverages from 1402
the holder(s) of a package retailer's permit located in the county 1403
in which the temporary permit is issued. Wine remaining in stock 1404
upon expiration of the temporary permit may be returned by the 1405
Class 3 temporary permit holder to the package retailer for a 1406
refund of the purchase price, with consent of the package 1407
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retailer, or may be kept by the Class 3 temporary permit holder 1408
exclusively for personal use and consumption, subject to all laws 1409
pertaining to the illegal sale and possession of alcoholic 1410
beverages. The department, following review of the statement 1411
provided by the applicant and the requirements of the applicable 1412
statutes and regulations, may issue the permit. No retailer may 1413
receive more than twelve (12) Class 3 temporary permits in a 1414
calendar year. A Class 3 temporary permit shall not be issued to 1415
a retail establishment that either holds a merchant permit issued 1416
under paragraph (l) of this subsection, or holds a permit issued 1417
under Chapter 3, Title 67, Mississippi Code of 1972, authorizing 1418
the holder to engage in the business of a retailer of light wine 1419
or beer. 1420
(g) Caterer's permit. A caterer's permit shall permit 1421
the purchase of alcoholic beverages by a person engaging in 1422
business as a caterer and the resale of alcoholic beverages by 1423
such person in conjunction with such catering business. No person 1424
shall qualify as a caterer unless forty percent (40%) or more of 1425
the revenue derived from such catering business shall be from the 1426
serving of prepared food and not from the sale of alcoholic 1427
beverages and unless such person has obtained a permit for such 1428
business from the Department of Health. A caterer's permit shall 1429
not authorize the sale of alcoholic beverages on the premises of 1430
the person engaging in business as a caterer; however, the holder 1431
of an on-premises retailer's permit may hold a caterer's permit. 1432
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When the holder of an on-premises retailer's permit or an 1433
affiliated entity of the holder also holds a caterer's permit, the 1434
caterer's permit shall not authorize the service of alcoholic 1435
beverages on a consistent, recurring basis at a separate, fixed 1436
location owned or operated by the caterer, on-premises retailer or 1437
affiliated entity and an on-premises retailer's permit shall be 1438
required for the separate location. All sales of alcoholic 1439
beverages by holders of a caterer's permit shall be made at the 1440
location being catered by the caterer, and, except as otherwise 1441
provided in subsection (5) of this section, such sales may be made 1442
only for consumption at the catered location. The location being 1443
catered may be anywhere within a county or judicial district that 1444
has voted to come out from under the dry laws or in which the sale 1445
and distribution of alcoholic beverages is otherwise authorized by 1446
law. Such sales shall be made pursuant to any other conditions 1447
and restrictions which apply to sales made by on-premises retail 1448
permittees. The holder of a caterer's permit or his employees 1449
shall remain at the catered location as long as alcoholic 1450
beverages are being sold pursuant to the permit issued under this 1451
paragraph (g), and the permittee shall have at the location the 1452
identification card issued by the division. No unsold alcoholic 1453
beverages may be left at the catered location by the permittee 1454
upon the conclusion of his business at that location. Appropriate 1455
law enforcement officers and division personnel may enter a 1456
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catered location on private property in order to enforce laws 1457
governing the sale or serving of alcoholic beverages. 1458
(h) Research permit. A research permit shall authorize 1459
the holder thereof to operate a research facility for the 1460
professional research of alcoholic beverages. Such permit shall 1461
authorize the holder of the permit to import and purchase limited 1462
amounts of alcoholic beverages from the department or from 1463
importers, wineries and distillers of alcoholic beverages for 1464
professional research. 1465
(i) Alcohol processing permit. An alcohol processing 1466
permit shall authorize the holder thereof to purchase, transport 1467
and possess alcoholic beverages for the exclusive use in cooking, 1468
processing or manufacturing products which contain alcoholic 1469
beverages as an integral ingredient. An alcohol processing permit 1470
shall not authorize the sale of alcoholic beverages on the 1471
premises of the person engaging in the business of cooking, 1472
processing or manufacturing products which contain alcoholic 1473
beverages. The amounts of alcoholic beverages allowed under an 1474
alcohol processing permit shall be set by the department. 1475
(j) Hospitality cart permit. A hospitality cart permit 1476
shall authorize the sale of alcoholic beverages from a mobile cart 1477
on a golf course that is the holder of an on-premises retailer's 1478
permit. The alcoholic beverages sold from the cart must be 1479
consumed within the boundaries of the golf course. 1480
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(k) Special service permit. A special service permit 1481
shall authorize the holder to sell commercially sealed alcoholic 1482
beverages to the operator of a commercial or private aircraft for 1483
en route consumption only by passengers. A special service permit 1484
shall be issued only to a fixed-base operator who contracts with 1485
an airport facility to provide fueling and other associated 1486
services to commercial and private aircraft. 1487
(l) Merchant permit. Except as otherwise provided in 1488
subsection (5) of this section, a merchant permit shall be issued 1489
only to the owner of a spa facility, an art studio or gallery, or 1490
a cooking school, and shall authorize the holder to serve 1491
complimentary by the glass wine only, including native wine, at 1492
the holder's spa facility, art studio or gallery, or cooking 1493
school. A merchant permit holder shall obtain all wine from the 1494
holder of a package retailer's permit. 1495
(m) Temporary alcoholic beverages charitable auction 1496
permit. A temporary permit, not to exceed five (5) days, may be 1497
issued to a qualifying charitable nonprofit organization that is 1498
exempt from taxation under Section 501(c)(3) or (4) of the 1499
Internal Revenue Code of 1986. The permit shall authorize the 1500
holder to sell alcoholic beverages for the limited purpose of 1501
raising funds for the organization during a live or silent auction 1502
that is conducted by the organization and that meets the following 1503
requirements: (i) the auction is conducted in an area of the 1504
state where the sale of alcoholic beverages is authorized; (ii) if 1505
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the auction is conducted on the premises of an on-premises 1506
retailer's permit holder, then the alcoholic beverages to be 1507
auctioned must be stored separately from the alcoholic beverages 1508
sold, stored or served on the premises, must be removed from the 1509
premises immediately following the auction, and may not be 1510
consumed on the premises; (iii) the permit holder may not conduct 1511
more than two (2) auctions during a calendar year; (iv) the permit 1512
holder may not pay a commission or promotional fee to any person 1513
to arrange or conduct the auction. 1514
(n) Event venue retailer's permit. An event venue 1515
retailer's permit shall authorize the holder thereof to purchase 1516
and resell alcoholic beverages, including native wines, native 1517
spirits, and craft spirits, for consumption on the premises during 1518
legal hours during events held on the licensed premises if food is 1519
being served at the event by a caterer who is not affiliated with 1520
or related to the permittee. The caterer must serve at least 1521
three (3) entrees. The permit may only be issued for venues that 1522
can accommodate two hundred (200) persons or more. The number of 1523
persons a venue may accommodate shall be determined by the local 1524
fire department and such determination shall be provided in 1525
writing and submitted along with all other documents required to 1526
be provided for an on-premises retailer's permit. The permittee 1527
must derive the majority of its revenue from event-related fees, 1528
including, but not limited to, admission fees or ticket sales for 1529
live entertainment in the building. "Event-related fees" do not 1530
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include alcohol, beer or light wine sales or any fee which may be 1531
construed to cover the cost of alcohol, beer or light wine. This 1532
determination shall be made on a per event basis. An event may 1533
not last longer than two (2) consecutive days per week. 1534
(o) Temporary theatre permit. A temporary theatre 1535
permit, not to exceed five (5) days, may be issued to a charitable 1536
nonprofit organization that is exempt from taxation under Section 1537
501(c)(3) or (4) of the Internal Revenue Code and owns or operates 1538
a theatre facility that features plays and other theatrical 1539
performances and productions. Except as otherwise provided in 1540
subsection (5) of this section, the permit shall authorize the 1541
holder to sell alcoholic beverages, including native wines, native 1542
spirits, and craft spirits, to patrons of the theatre during 1543
performances and productions at the theatre facility for 1544
consumption during such performances and productions on the 1545
premises of the facility described in the permit. A temporary 1546
theatre permit holder shall obtain all alcoholic beverages from 1547
package retailers located in the county in which the permit is 1548
issued. Alcoholic beverages remaining in stock upon expiration of 1549
the temporary theatre permit may be returned by the permittee to 1550
the package retailer for a refund of the purchase price upon 1551
consent of the package retailer or may be kept by the permittee 1552
exclusively for personal use and consumption, subject to all laws 1553
pertaining to the illegal sale and possession of alcoholic 1554
beverages. 1555
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(p) Charter ship operator's permit. Subject to the 1556
provisions of this paragraph (p), a charter ship operator's permit 1557
shall authorize the holder thereof and its employees to serve, 1558
monitor, store and otherwise control the serving and availability 1559
of alcoholic beverages to customers of the permit holder during 1560
private charters under contract provided by the permit holder. A 1561
charter ship operator's permit shall authorize such action by the 1562
permit holder and its employees only as to alcoholic beverages 1563
brought onto the permit holder's ship by customers of the permit 1564
holder as part of such a private charter. All such alcoholic 1565
beverages must be removed from the charter ship at the conclusion 1566
of each private charter. A charter ship operator's permit shall 1567
not authorize the permit holder to sell, charge for or otherwise 1568
supply alcoholic beverages to customers, except as authorized in 1569
this paragraph (p). For the purposes of this paragraph (p), 1570
"charter ship operator" means a common carrier that (i) is 1571
certified to carry at least one hundred fifty (150) passengers 1572
and/or provide overnight accommodations for at least fifty (50) 1573
passengers, (ii) operates only in the waters within the State of 1574
Mississippi, which lie adjacent to the State of Mississippi south 1575
of the three (3) most southern counties in the State of 1576
Mississippi, and (iii) provides charters under contract for tours 1577
and trips in such waters. 1578
(q) Distillery retailer's permit. The holder of a 1579
Class 1 manufacturer's permit may obtain a distillery retailer's 1580
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permit. A distillery retailer's permit shall authorize the holder 1581
thereof to sell at retail alcoholic beverages to consumers for 1582
on-premises consumption, or to consumers by the sealed and 1583
unopened bottle from a retail location at the distillery for 1584
off-premises consumption. The holder may only sell product 1585
manufactured by the manufacturer at the distillery described in 1586
the permit. However, when selling to consumers for on-premises 1587
consumption, a holder of a distillery retailer's permit may add 1588
other beverages, alcoholic or not, so long as the total volume of 1589
other beverage components containing alcohol does not exceed 1590
twenty percent (20%). Hours of sale shall be the same as those 1591
authorized for on-premises permittees in the city or county in 1592
which the distillery retailer is located. 1593
The holder shall not sell at retail more than ten percent 1594
(10%) of the alcoholic beverages produced annually at its 1595
distillery. The holder shall not make retail sales of more than 1596
two and twenty-five one-hundredths (2.25) liters, in the 1597
aggregate, of the alcoholic beverages produced at its distillery 1598
to any one (1) individual for consumption off the premises of the 1599
distillery within a twenty-four-hour period. The hours of sale 1600
shall be the same as those hours for package retailers under this 1601
article. The holder of a distillery retailer's permit is not 1602
required to purchase the alcoholic beverages authorized to be sold 1603
by this paragraph from the department's liquor distribution 1604
warehouse; however, if the holder does not purchase the alcoholic 1605
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beverages from the department's liquor distribution warehouse, the 1606
holder shall pay to the department all taxes, fees and surcharges 1607
on the alcoholic beverages that are imposed upon the sale of 1608
alcoholic beverages shipped by the department or its warehouse 1609
operator. In addition to alcoholic beverages, the holder of a 1610
distillery retailer's permit may sell at retail promotional 1611
products from the same retail location, including shirts, hats, 1612
glasses, and other promotional products customarily sold by 1613
alcoholic beverage manufacturers. 1614
(r) Festival Permit. Any wine manufacturer, native 1615
wine producer, native spirit producer, craft spirit producer, or 1616
distilled spirit manufacturer permitted by Mississippi or any 1617
other state is eligible to obtain a Festival Permit. This permit 1618
authorizes the entity to transport product manufactured by it to 1619
festivals held within the State of Mississippi and sell sealed, 1620
unopened bottles to festival participants. The holder of this 1621
permit may provide samples at no charge to participants. 1622
"Festival" means any event at which three (3) or more vendors are 1623
present at a location for the sale or distribution of goods. The 1624
holder of a Festival Permit is not required to purchase the 1625
alcoholic beverages authorized to be sold by this paragraph from 1626
the department's liquor distribution warehouse. However, if the 1627
holder does not purchase the alcoholic beverages from the 1628
department's liquor distribution warehouse, the holder of this 1629
permit shall pay to the department all taxes, fees and surcharges 1630
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on the alcoholic beverages sold at such festivals that are imposed 1631
upon the sale of alcoholic beverages shipped by the division. 1632
Additionally, the entity shall file all applicable reports and 1633
returns as prescribed by the department. This permit is issued 1634
per festival and provides authority to sell for three (3) 1635
consecutive days during the hours authorized for on-premises 1636
permittees' sales in that county or city. The holder of the 1637
permit shall be required to maintain all requirements set by Local 1638
Option Law for the service and sale of alcoholic beverages. This 1639
permit may be issued to entities participating in festivals at 1640
which a Class 1 temporary permit is in effect. 1641
This paragraph (r) shall stand repealed from and after July 1642
1, 2026. 1643
(s) Charter vessel operator's permit. Subject to the 1644
provisions of this paragraph (s), a charter vessel operator's 1645
permit shall authorize the holder thereof and its employees to 1646
sell and serve alcoholic beverages to passengers of the permit 1647
holder during public tours, historical tours, ecological tours and 1648
sunset cruises provided by the permit holder. The permit shall 1649
authorize the holder to only sell alcoholic beverages, including 1650
native wines, to passengers of the charter vessel operator during 1651
public tours, historical tours, ecological tours and sunset 1652
cruises provided by the permit holder aboard the charter vessel 1653
operator for consumption during such tours and cruises on the 1654
premises of the charter vessel operator described in the permit. 1655
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For the purposes of this paragraph (s), "charter vessel operator" 1656
means a common carrier that (i) is certified to carry at least 1657
forty-nine (49) passengers, (ii) operates only in the waters 1658
within the State of Mississippi, which lie south of Interstate 10 1659
in the three (3) most southern counties in the State of 1660
Mississippi, and lie adjacent to the State of Mississippi south of 1661
the three (3) most southern counties in the State of Mississippi, 1662
extending not further than one (1) mile south of such counties, 1663
and (iii) provides vessel services for tours and cruises in such 1664
waters as provided in this paragraph(s). 1665
(t) Native spirit retailer's permit. Except as 1666
otherwise provided in subsection (5) of this section, a native 1667
spirit retailer's permit shall be issued only to a holder of a 1668
Class 4 manufacturer's permit, and shall authorize the holder 1669
thereof to make retail sales of native spirits to consumers for 1670
on-premises consumption or to consumers in originally sealed and 1671
unopened containers at an establishment located on the premises of 1672
the distillery, or at any tasting room location or locations 1673
within five (5) miles of the native distillery. Further, every 1674
native distillery is authorized to have one (1) permanent 1675
satellite tasting room sales location in any other location in the 1676
state that otherwise allows the sale of alcoholic beverages. When 1677
selling to consumers for on-premises consumption, a holder of a 1678
native spirit retailer's permit may sell alcoholic beverages 1679
produced by other suppliers. Hours of sale shall be the same as 1680
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those authorized for on-premises permittees in the city or county 1681
in which the native spirit retailer is located. 1682
(u) Delivery service permit. Any individual, limited 1683
liability company, corporation or partnership registered to do 1684
business in this state is eligible to obtain a delivery service 1685
permit. Subject to the provisions of Section 67-1-51.1, this 1686
permit authorizes the permittee, or its employee or an independent 1687
contractor acting on its behalf, to deliver alcoholic beverages, 1688
beer, light wine and light spirit product from a licensed retailer 1689
to a person in this state who is at least twenty-one (21) years of 1690
age for the individual's use and not for resale. This permit does 1691
not authorize the delivery of alcoholic beverages, beer, light 1692
wine or light spirit product to the premises of a location with a 1693
permit for the manufacture, distribution or retail sale of 1694
alcoholic beverages, beer, light wine or light spirit product. 1695
The holder of a package retailer's permit or an on-premises 1696
retailer's permit under Section 67-1-51 or of a beer, light wine 1697
and light spirit product permit under Section 67-3-19 is 1698
authorized to apply for a delivery service permit as a privilege 1699
separate from its existing retail permit. 1700
(v) Food truck permit. A food truck permit shall 1701
authorize the holder of an on-premises retailer's permit to use a 1702
food truck to sell alcoholic beverages off its premises to guests 1703
who must consume the beverages in open containers. For the 1704
purposes of this paragraph (v), "food truck" means a fully encased 1705
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food service establishment on a motor vehicle or on a trailer that 1706
a motor vehicle pulls to transport, and from which a vendor, 1707
standing within the frame of the establishment, prepares, cooks, 1708
sells and serves food for immediate human consumption. The term 1709
"food truck" does not include a food cart that is not motorized. 1710
Food trucks shall maintain such distance requirements from 1711
schools, churches, kindergartens and funeral homes as are required 1712
for on-premises retailer's permittees under this article, and all 1713
sales must be made within a valid leisure and recreation district 1714
established under Section 67-1-101. Food trucks cannot sell or 1715
serve alcoholic beverages unless also offering food prepared and 1716
cooked within the food truck, and permittees must maintain a 1717
twenty-five percent (25%) food sale revenue requirement based on 1718
the food sold from the food truck alone. The hours allowed for 1719
sale shall be the same as those for on-premises retailer's 1720
permittees in the location. This permit will not be required for 1721
the holder of a caterer's permit issued under this article to 1722
cater an event as allowed by law. Permittees must provide notice 1723
of not less than forty-eight (48) hours to the department of each 1724
location at which alcoholic beverages will be sold. 1725
(w) On-premises tobacco permit. An on-premises tobacco 1726
permit shall authorize the permittee to sell alcoholic beverages 1727
for consumption on the licensed premises. In addition to all 1728
other requirements to obtain an alcoholic beverage permit, the 1729
permittee must obtain and maintain a tobacco permit issued by the 1730
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State of Mississippi, and have a capital investment of not less 1731
than Five Hundred Thousand Dollars ($500,000.00) in the premises 1732
for which the permit is issued. In addition to alcoholic 1733
beverages, the permittee is authorized to sell only cigars, 1734
cheroots, tobacco pipes, pipe tobacco, and/or stogies. 1735
Additionally, seventy-five percent (75%) of the permittee's annual 1736
gross revenue must be derived from the sale of cigars, cheroots, 1737
tobacco pipes, pipe tobacco, and/or stogies. No food sales shall 1738
be required, but food may be sold on the premises. The issuance 1739
of this permit does not remove any obligation a permittee may have 1740
to follow local ordinances or actions prohibiting the use of 1741
tobacco products. 1742
(x) Direct wine shipper's permit. A direct wine 1743
shipper's permit shall authorize the holder to sell and ship a 1744
limited amount of wine directly to residents in this state in 1745
accordance with the provisions of Sections 67-1-301 to 67-1-317, 1746
without being required to transact the sale and shipment of those 1747
wines through the division. 1748
(y) Craft spirit retailer's permit. Except as 1749
otherwise provided in subsection (5) of this section, a craft 1750
spirit retailer's permit shall be issued only to a holder of a 1751
Class 5 manufacturer's permit, and shall authorize the holder 1752
thereof to make retail sales of craft spirits to consumers for 1753
on-premises consumption or to consumers in originally sealed and 1754
unopened containers at an establishment located on the premises of 1755
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the distillery or at any tasting room location or locations within 1756
five (5) miles of the craft distillery. Further, every craft 1757
distillery is authorized to have one (1) permanent satellite 1758
tasting room sales location in any other location in the state 1759
that otherwise allows the sale of alcoholic beverages. When 1760
selling to consumers for on-premises consumption, a holder of a 1761
craft spirit retailer's permit may sell alcoholic beverages 1762
produced by other suppliers. Hours of sale shall be the same as 1763
those authorized for on-premises permittees in the city or county 1764
in which the craft spirit retailer is located. 1765
(z) Grocery store wine-only retailer's permit. Except 1766
as otherwise provided in this paragraph (z), a grocery store 1767
wine-only retailer's permit shall authorize the holder thereof to 1768
sell wine at retail at a grocery store in original sealed and 1769
unopened packages not to be consumed on the premises where sold. 1770
Wine shall not be sold by any grocery store in any package or 1771
container containing less than fifty (50) milliliters by liquid 1772
measure. A grocery store wine-only retailer's permit, with prior 1773
approval from the department, shall authorize the holder thereof 1774
to sample the new product furnished by a manufacturer's 1775
representative or his employees at the permitted place of business 1776
so long as the sampling otherwise complies with this chapter and 1777
applicable department regulations. Such samples may not be 1778
provided to customers at the permitted place of business. Permits 1779
authorized under this paragraph (z) shall not be issued prior to 1780
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July 1, 2027, and shall not be issued to a grocery store that is 1781
located within five hundred (500) feet of an establishment holding 1782
a package retailer's permit prior to July 1, 2027. 1783
(2) Except as otherwise provided in subsection (4) of this 1784
section, retail permittees may hold more than one (1) retail 1785
permit, at the discretion of the department. 1786
(3) (a) Except as otherwise provided in this subsection, no 1787
authority shall be granted to any person to manufacture, sell or 1788
store for sale any intoxicating liquor as specified in this 1789
article within four hundred (400) feet of any church, school 1790
(excluding any community college, junior college, college or 1791
university), kindergarten or funeral home. However, within an 1792
area zoned commercial or business, such minimum distance shall be 1793
not less than one hundred (100) feet. 1794
(b) A church or funeral home may waive the distance 1795
restrictions imposed in this subsection in favor of allowing 1796
issuance by the department of a permit, pursuant to subsection (1) 1797
of this section, to authorize activity relating to the 1798
manufacturing, sale or storage of alcoholic beverages which would 1799
otherwise be prohibited under the minimum distance criterion. 1800
Such waiver shall be in written form from the owner, the governing 1801
body, or the appropriate officer of the church or funeral home 1802
having the authority to execute such a waiver, and the waiver 1803
shall be filed with and verified by the department before becoming 1804
effective. 1805
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(c) The distance restrictions imposed in this 1806
subsection shall not apply to the sale or storage of alcoholic 1807
beverages at a bed and breakfast inn listed in the National 1808
Register of Historic Places or to the sale or storage of alcoholic 1809
beverages in a historic district that is listed in the National 1810
Register of Historic Places, is a qualified resort area and is 1811
located (i) in a municipality having a population greater than one 1812
hundred thousand (100,000) according to the latest federal 1813
decennial census, or (ii) in a municipality in which Mississippi 1814
Highways 1 and 8 intersect. 1815
(d) The distance restrictions imposed in this 1816
subsection shall not apply to the sale or storage of alcoholic 1817
beverages at a qualified resort area as defined in Section 1818
67-1-5(o)(iii)32. 1819
(e) The distance restrictions imposed in this 1820
subsection shall not apply to the sale or storage of alcoholic 1821
beverages at a licensed premises in a building formerly owned by a 1822
municipality and formerly leased by the municipality to a 1823
municipal school district and used by the municipal school 1824
district as a district bus shop facility. 1825
(f) The distance restrictions imposed in this 1826
subsection shall not apply to the sale or storage of alcoholic 1827
beverages at a licensed premises in a building consisting of at 1828
least five thousand (5,000) square feet and located approximately 1829
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six hundred (600) feet from the intersection of Mississippi 1830
Highway 15 and Mississippi Highway 4. 1831
(g) The distance restrictions imposed in this 1832
subsection shall not apply to the sale or storage of alcoholic 1833
beverages at a licensed premises in a building located at or near 1834
the intersection of Ward and Tate Streets and adjacent properties 1835
in the City of Senatobia, Mississippi. 1836
(h) The distance restrictions imposed in this 1837
subsection shall not apply to the sale or storage of alcoholic 1838
beverages at a theatre facility that features plays and other 1839
theatrical performances and productions and (i) is capable of 1840
seating more than seven hundred fifty (750) people, (ii) is owned 1841
by a municipality which has a population greater than ten thousand 1842
(10,000) according to the latest federal decennial census, (iii) 1843
was constructed prior to 1930, (iv) is on the National Register of 1844
Historic Places, and (v) is located in a historic district. 1845
(i) The distance restrictions imposed in this 1846
subsection shall not apply to the sale or storage of alcoholic 1847
beverages at a licensed premises in a building located 1848
approximately one and six-tenths (1.6) miles north of the 1849
intersection of Mississippi Highway 15 and Mississippi Highway 4 1850
on the west side of Mississippi Highway 15. 1851
(j) The distance restrictions imposed in this 1852
subsection shall not apply to the sale or storage of alcoholic 1853
beverages at a qualified resort area as defined in Section 1854
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67-1-5(o)(iii)83. 1855
(k) The distance restrictions imposed in this 1856
subsection shall not apply to the sale or storage of alcoholic 1857
beverages at a qualified resort area as defined in Section 1858
67-1-5(o)(iii)84. 1859
(4) No person, either individually or as a member of a firm, 1860
partnership, limited liability company or association, or as a 1861
stockholder, officer or director in a corporation, shall own or 1862
control any interest in more than * * * six (6) package retailer's 1863
permits, nor shall such person's spouse, if living in the same 1864
household of such person, any relative of such person, if living 1865
in the same household of such person, or any other person living 1866
in the same household with such person own any interest in any 1867
other package retailer's permit; however, in the case of a person 1868
holding a package retailer's permit issued before July 1, 2024, 1869
such a person may own one (1) additional package retailer's permit 1870
if the additional permit is issued for a premises with a minimum 1871
capital investment of Twenty Million Dollars ($20,000,000.00) that 1872
is part of a major retail development project and located in one 1873
(1) of the three (3) most southern counties in the State of 1874
Mississippi, and not within one hundred (100) miles of another 1875
location in the State of Mississippi, for which the permittee 1876
holds such a permit which, when combined with the number of 1877
package retailer's permits owned by the person or in which the 1878
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person has a controlling interest, would total more than six (6) 1879
package retailer's permits. 1880
(5) (a) In addition to any other authority granted under 1881
this section, the holder of a permit issued under subsection 1882
(1)(c), (e), (f), (g), (l), (n), (o), (q), (t) and (y) of this 1883
section may sell or otherwise provide alcoholic beverages and/or 1884
wine to a patron of the permit holder in the manner authorized in 1885
the permit and the patron may remove an open glass, cup or other 1886
container of the alcoholic beverage and/or wine from the licensed 1887
premises and may possess and consume the alcoholic beverage or 1888
wine outside of the licensed premises if: (i) the licensed 1889
premises is located within a leisure and recreation district 1890
created under Section 67-1-101 and (ii) the patron remains within 1891
the boundaries of the leisure and recreation district while in 1892
possession of the alcoholic beverage or wine. 1893
(b) Nothing in this subsection shall be construed to 1894
allow a person to bring any alcoholic beverages into a permitted 1895
premises except to the extent otherwise authorized by this 1896
article. 1897
(c) Where a permit is issued under subsection (1)(c) to 1898
an establishment located in a resort area created by Section 1899
67-1-5(o)(iii)(18), persons in the permitted premises are allowed 1900
to bring alcoholic beverages into the permitted premises and to 1901
possess, store and consume those alcoholic beverages in the 1902
permitted premises. 1903
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SECTION 3. Section 27-71-5, Mississippi Code of 1972, is 1904
amended as follows: 1905
27-71-5. (1) Upon each person approved for a permit under 1906
the provisions of the Alcoholic Beverage Control Law and 1907
amendments thereto, there is levied and imposed for each location 1908
for the privilege of engaging and continuing in this state in the 1909
business authorized by such permit, an annual privilege license 1910
tax in the amount provided in the following schedule: 1911
(a) Except as otherwise provided in this subsection 1912
(1), manufacturer's permit, Class 1, distiller's and/or 1913
rectifier's: 1914
(i) For a permittee with annual production of 1915
five thousand (5,000) gallons or more.................... $4,500.00 1916
(ii) For a permittee with annual production under 1917
five thousand (5,000) gallons............................ $2,800.00 1918
(b) Manufacturer's permit, Class 2, wine 1919
manufacturer............................................. $1,800.00 1920
(c) Manufacturer's permit, Class 3, native wine 1921
manufacturer per ten thousand (10,000) gallons or part thereof 1922
produced................................................. $ 10.00 1923
(d) Manufacturer's permit, Class 4, native spirit 1924
manufacturer per one thousand (1,000) gallons or part thereof 1925
produced................................................. $ 300.00 1926
(e) Native wine retailer's permit............. $ 50.00 1927
(f) Package retailer's permit, each........... $ 900.00 1928
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(g) On-premises retailer's permit, except for clubs and 1929
common carriers, each.................................... $ 450.00 1930
(h) On-premises retailer's permit for wine of more than 1931
five percent (5%) alcohol by weight, but not more than twenty-one 1932
percent (21%) alcohol by weight, each.................... $ 225.00 1933
(i) On-premises retailer's permit for clubs... $ 225.00 1934
(j) On-premises retailer's permit for common carriers, 1935
per car, plane, or other vehicle......................... $ 120.00 1936
(k) Solicitor's permit, regardless of any other 1937
provision of law, solicitor's permits shall be issued only in the 1938
discretion of the department............................. $ 100.00 1939
(l) Filing fee for each application except for an 1940
employee identification card............................. $ 25.00 1941
(m) Temporary permit, Class 1, each........... $ 10.00 1942
(n) Temporary permit, Class 2, each........... $ 50.00 1943
(o) (i) Caterer's permit..................... $ 600.00 1944
(ii) Caterer's permit for holders of on-premises 1945
retailer's permit........................................ $ 150.00 1946
(p) Research permit........................... $ 100.00 1947
(q) Temporary permit, Class 3 (wine only)..... $ 10.00 1948
(r) Special service permit.................... $ 225.00 1949
(s) Merchant permit........................... $ 225.00 1950
(t) Temporary alcoholic beverages charitable auction 1951
permit................................................... $ 10.00 1952
(u) Event venue retailer's permit............. $ 225.00 1953
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(v) Temporary theatre permit, each............ $ 10.00 1954
(w) Charter ship operator's permit............ $ 100.00 1955
(x) Distillery retailer's permit.............. $ 450.00 1956
(y) Festival permit.......................... $ 10.00 1957
(z) Charter vessel operator's permit.......... $ 100.00 1958
(aa) Native or craft spirit retailer's permit, 1959
each..................................................... $ 50.00 1960
(ab) Delivery service permit.................. $ 500.00 1961
(ac) Food truck permit........................ $ 100.00 1962
(ad) On-premises tobacco permit............... $ 450.00 1963
(ae) Direct wine shipper's permit............. $ 100.00 1964
(af) Wine fulfillment provider's permit....... $ 100.00 1965
(ag) Manufacturer's permit, Class 5, craft spirit 1966
manufacturer per one thousand (1,000) gallons or part thereof 1967
produced,............................................... $ 300.00, 1968
but not to exceed $3,000.00. 1969
(ah) Grocery store wine-only retailer's permit, 1970
each location........................................... $ 900.00 1971
In addition to the filing fee imposed by paragraph (l) of 1972
this subsection, a fee to be determined by the Department of 1973
Revenue may be charged to defray costs incurred to process 1974
applications. The additional fees shall be paid into the State 1975
Treasury to the credit of a special fund account, which is hereby 1976
created, and expenditures therefrom shall be made only to defray 1977
the costs incurred by the Department of Revenue in processing 1978
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alcoholic beverage applications. Any unencumbered balance 1979
remaining in the special fund account on June 30 of any fiscal 1980
year shall lapse into the State General Fund. 1981
All privilege taxes imposed by this section shall be paid in 1982
advance of doing business. A new permittee whose privilege tax is 1983
determined by production volume will pay the tax for the first 1984
year in accordance with department regulations. The additional 1985
privilege tax imposed for an on-premises retailer's permit based 1986
upon purchases shall be due and payable on demand. 1987
Paragraph (y) of this subsection shall stand repealed from 1988
and after July 1, 2026. 1989
(2) (a) There is imposed and shall be collected from each 1990
permittee, except a common carrier, solicitor, temporary 1991
permittee, delivery service permittee or direct wine shipper's 1992
permittee, by the department, an additional license tax equal to 1993
the amounts imposed under subsection (1) of this section for the 1994
privilege of doing business within any municipality or county in 1995
which the licensee is located. 1996
(b) (i) In addition to the tax imposed in paragraph 1997
(a) of this subsection, there is imposed and shall be collected by 1998
the department from each permittee described in subsection (1)(g), 1999
(h), (i), (n) and (u) of this section, an additional license tax 2000
for the privilege of doing business within any municipality or 2001
county in which the licensee is located in the amount of Two 2002
Hundred Twenty-five Dollars ($225.00) on purchases exceeding Five 2003
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Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars 2004
($225.00) for each additional purchase of Five Thousand Dollars 2005
($5,000.00), or fraction thereof. 2006
(ii) In addition to the tax imposed in paragraph 2007
(a) of this subsection, there is imposed and shall be collected by 2008
the department from each permittee described in subsection (1)(o) 2009
and (s) of this section, an additional license tax for the 2010
privilege of doing business within any municipality or county in 2011
which the licensee is located in the amount of Two Hundred Fifty 2012
Dollars ($250.00) on purchases exceeding Five Thousand Dollars 2013
($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each 2014
additional purchase of Five Thousand Dollars ($5,000.00), or 2015
fraction thereof. 2016
(iii) Any person who has paid the additional 2017
privilege license tax imposed by this paragraph, and whose permit 2018
is renewed, may add any unused fraction of Five Thousand Dollars 2019
($5,000.00) purchases to the first Five Thousand Dollars 2020
($5,000.00) purchases authorized by the renewal permit, and no 2021
additional license tax will be required until purchases exceed the 2022
sum of the two (2) figures. 2023
(c) If the licensee is located within a municipality, 2024
the department shall pay the amount of additional license tax 2025
collected under this section to the municipality, and if outside a 2026
municipality the department shall pay the additional license tax 2027
to the county in which the licensee is located. Payments by the 2028
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department to the respective local government subdivisions shall 2029
be made once each month for any collections during the preceding 2030
month. 2031
(3) When an application for any permit, other than for 2032
renewal of a permit, has been rejected by the department, such 2033
decision shall be final. Appeal may be made in the manner 2034
provided by Section 67-1-39. Another application from an 2035
applicant who has been denied a permit shall not be reconsidered 2036
within a twelve-month period. 2037
(4) The number of permits issued by the department shall not 2038
be restricted or limited on a population basis; however, the 2039
foregoing limitation shall not be construed to preclude the right 2040
of the department to refuse to issue a permit because of the 2041
undesirability of the proposed location. 2042
(5) If any person shall engage or continue in any business 2043
which is taxable under this section without having paid the tax as 2044
provided in this section, the person shall be liable for the full 2045
amount of the tax plus a penalty thereon equal to the amount 2046
thereof, and, in addition, shall be punished by a fine of not more 2047
than One Thousand Dollars ($1,000.00), or by imprisonment in the 2048
county jail for a term of not more than six (6) months, or by both 2049
such fine and imprisonment, in the discretion of the court. 2050
(6) It shall be unlawful for any person to consume alcoholic 2051
beverages on the premises of any hotel restaurant, restaurant, 2052
club or the interior of any public place defined in Chapter 1, 2053
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Title 67, Mississippi Code of 1972, when the owner or manager 2054
thereof displays in several conspicuous places inside the 2055
establishment and at the entrances of establishment a sign 2056
containing the following language: NO ALCOHOLIC BEVERAGES 2057
ALLOWED. 2058
SECTION 4. Section 67-1-41, Mississippi Code of 1972, is 2059
amended as follows: 2060
67-1-41. (1) The department is hereby created a wholesale 2061
distributor and seller of alcoholic beverages, not including malt 2062
liquors, within the State of Mississippi. It is granted the right 2063
to import and sell alcoholic beverages at wholesale within the 2064
state, and no person who is granted the right to sell, distribute 2065
or receive alcoholic beverages at retail shall purchase any 2066
alcoholic beverages from any source other than the department, 2067
except as authorized in subsections (4), (9) and (12) of this 2068
section and Sections 67-1-301 to 67-1-317. The department may 2069
establish warehouses, and the department may purchase alcoholic 2070
beverages in such quantities and from such sources as it may deem 2071
desirable and sell the alcoholic beverages to authorized 2072
permittees within the state including, at the discretion of the 2073
department, any retail distributors operating within any military 2074
post or qualified resort areas within the boundaries of the state, 2075
keeping a correct and accurate record of all such transactions and 2076
exercising such control over the distribution of alcoholic 2077
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beverages as seem right and proper in keeping with the provisions 2078
or purposes of this article. 2079
(2) No person for the purpose of sale shall manufacture, 2080
distill, brew, sell, possess, export, transport, distribute, 2081
warehouse, store, solicit, take orders for, bottle, rectify, 2082
blend, treat, mix or process any alcoholic beverage except in 2083
accordance with authority granted under this article, or as 2084
otherwise provided by law for native wines, native spirits, or 2085
craft spirits. 2086
(3) No alcoholic beverage intended for sale or resale shall 2087
be imported, shipped or brought into this state for delivery to 2088
any person other than as provided in this article, or as otherwise 2089
provided by law for native wines, native spirits, or craft 2090
spirits. 2091
(4) The department may promulgate rules and regulations 2092
which authorize on-premises retailers to purchase limited amounts 2093
of alcoholic beverages from package retailers and for package 2094
retailers to purchase limited amounts of alcoholic beverages from 2095
other package retailers. The department shall develop and provide 2096
forms to be completed by the on-premises retailers and the package 2097
retailers verifying the transaction. The completed forms shall be 2098
forwarded to the department within a period of time prescribed by 2099
the department. 2100
(5) The department may promulgate rules which authorize the 2101
holder of a package retailer's permit or grocery store wine-only 2102
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retailer's permit to permit individual retail purchasers of 2103
packages of alcoholic beverages to return, for exchange, credit or 2104
refund, limited amounts of original sealed and unopened packages 2105
of alcoholic beverages purchased by the individual from the 2106
package retailer or grocery store. 2107
(6) The department shall maintain all forms to be completed 2108
by applicants necessary for licensure by the department at all 2109
district offices of the department. 2110
(7) The department may promulgate rules which authorize the 2111
manufacturer of an alcoholic beverage or wine to import, transport 2112
and furnish or give a sample of alcoholic beverages or wines to 2113
the holders of package retailer's permits, on-premises retailer's 2114
permits, native wine, native spirit, or craft spirits retailer's 2115
permits * * *, temporary retailer's permits and grocery store 2116
wine-only retailer's permits who have not previously purchased the 2117
brand of that manufacturer from the department. For each holder 2118
of the designated permits, the manufacturer may furnish not more 2119
than five hundred (500) milliliters of any brand of alcoholic 2120
beverage and not more than three (3) liters of any brand of wine. 2121
(8) The department may promulgate rules disallowing open 2122
product sampling of alcoholic beverages or wines by the holders of 2123
package retailer's permits and permitting open product sampling of 2124
alcoholic beverages by the holders of on-premises retailer's 2125
permits. Permitted sample products shall be plainly identified 2126
"sample" and the actual sampling must occur in the presence of the 2127
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manufacturer's representatives during the legal operating hours of 2128
on-premises retailers. 2129
(9) The department may promulgate rules and regulations that 2130
authorize the holder of a research permit to import and purchase 2131
limited amounts of alcoholic beverages from importers, wineries 2132
and distillers of alcoholic beverages or from the department. The 2133
department shall develop and provide forms to be completed by the 2134
research permittee verifying each transaction. The completed 2135
forms shall be forwarded to the department within a period of time 2136
prescribed by the department. The records and inventory of 2137
alcoholic beverages shall be open to inspection at any time by the 2138
Director of the Alcoholic Beverage Control Division or any duly 2139
authorized agent. 2140
(10) The department may promulgate rules facilitating a 2141
retailer's on-site pickup of alcoholic beverages sold by the 2142
department or as authorized by the department, including, but not 2143
limited to, native wines, native spirits, or craft spirits, so 2144
that those alcoholic beverages may be delivered to the retailer at 2145
the manufacturer's location instead of via shipment from the 2146
department's warehouse. 2147
(11) [Through June 30, 2026] This section shall not apply 2148
to alcoholic beverages authorized to be sold by the holder of a 2149
distillery retailer's permit or a festival wine permit. 2150
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(11) [From and after July 1, 2026] This section shall not 2151
apply to alcoholic beverages authorized to be sold by the holder 2152
of a distillery retailer's permit. 2153
(12) (a) An individual resident of this state who is at 2154
least twenty-one (21) years of age may purchase wine from a winery 2155
and have the purchase shipped into this state so long as it is 2156
shipped to a package retailer permittee in Mississippi; however, 2157
the permittee shall pay to the department all taxes, fees and 2158
surcharges on the wine that are imposed upon the sale of wine 2159
shipped by the department or its warehouse operator. No credit 2160
shall be provided to the permittee for any taxes paid to another 2161
state as a result of the transaction. Package retailers may 2162
charge a service fee for receiving and handling shipments from 2163
wineries on behalf of the purchasers. The department shall 2164
develop and provide forms to be completed by the package retailer 2165
permittees verifying the transaction. The completed forms shall 2166
be forwarded to the department within a period of time prescribed 2167
by the department. 2168
(b) The purchaser of wine that is to be shipped to a 2169
package retailer's store shall be required to get the prior 2170
approval of the package retailer before any wine is shipped to the 2171
package retailer. A purchaser is limited to no more than ten (10) 2172
cases of wine per year to be shipped to a package retailer. A 2173
package retailer shall notify a purchaser of wine within two (2) 2174
days after receiving the shipment of wine. If the purchaser of 2175
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the wine does not pick up or take the wine from the package 2176
retailer within thirty (30) days after being notified by the 2177
package retailer, the package retailer may sell the wine as part 2178
of his inventory. 2179
(c) Shipments of wine into this state under this 2180
section shall be made by a duly licensed carrier. It shall be the 2181
duty of every common or contract carrier, and of every firm or 2182
corporation that shall bring, carry or transport wine from outside 2183
the state for delivery inside the state to package retailer 2184
permittees on behalf of consumers, to prepare and file with the 2185
department, on a schedule as determined by the department, of 2186
known wine shipments containing the name of the common or contract 2187
carrier, firm or corporation making the report, the period of time 2188
covered by said report, the name and permit number of the winery, 2189
the name and permit number of the package retailer permittee 2190
receiving such wine, the weight of the package delivered to each 2191
package retailer permittee, a unique tracking number, and the date 2192
of delivery. Reports received by the department shall be made 2193
available by the department to the public via the Mississippi 2194
Public Records Act process in the same manner as other state 2195
alcohol filings. 2196
Upon the department's request, any records supporting the 2197
report shall be made available to the department within a 2198
reasonable time after the department makes a written request for 2199
such records. Any records containing information relating to such 2200
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reports shall be kept and preserved for a period of two (2) years, 2201
unless their destruction sooner is authorized, in writing, by the 2202
department, and shall be open and available to inspection by the 2203
department upon the department's written request. Reports shall 2204
also be made available to any law enforcement or regulatory body 2205
in the state in which the railroad company, express company, 2206
common or contract carrier making the report resides or does 2207
business. 2208
Any common or contract carrier that willfully fails to make 2209
reports, as provided by this section or any of the rules and 2210
regulations of the department for the administration and 2211
enforcement of this section, is subject to a notification of 2212
violation. In the case of a continuing failure to make reports, 2213
the common or contract carrier is subject to possible license 2214
suspension and revocation at the department's discretion. 2215
(d) A winery that ships wine under this section shall 2216
be deemed to have consented to the jurisdiction of the courts of 2217
this state, of the department, of any other state agency regarding 2218
the enforcement of this section, and of any related law, rules or 2219
regulations. 2220
(e) Any person who makes, participates in, transports, 2221
imports or receives a shipment in violation of this section is 2222
guilty of a misdemeanor and, upon conviction thereof, shall be 2223
punished by a fine of One Thousand Dollars ($1,000.00) or 2224
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imprisonment in the county jail for not more than six (6) months, 2225
or both. Each shipment shall constitute a separate offense. 2226
(13) If any provision of this article, or its application to 2227
any person or circumstance, is determined by a court to be invalid 2228
or unconstitutional, the remaining provisions shall be construed 2229
in accordance with the intent of the Legislature to further limit 2230
rather than expand commerce in alcoholic beverages to protect the 2231
health, safety, and welfare of the state's residents, and to 2232
enhance strict regulatory control over taxation, distribution and 2233
sale of alcoholic beverages through the three-tier regulatory 2234
system imposed by this article upon all alcoholic beverages to 2235
curb relationships and practices calculated to stimulate sales and 2236
impair the state's policy favoring trade stability and the 2237
promotion of temperance. 2238
SECTION 5. Section 67-1-75, Mississippi Code of 1972, is 2239
amended as follows: 2240
67-1-75. If the holder of a package retailer's permit or a 2241
grocery store wine-only retailer's permit, or any employee 2242
thereof: 2243
(a) Shall sell, offer for sale or permit to be sold in, 2244
on or about the premises covered by such permit any alcoholic 2245
beverages except in the original sealed and unopened packages; or 2246
(b) Shall permit the drinking or consumption of any 2247
alcoholic beverages in, on or about the premises covered by such 2248
permit except as may be otherwise authorized by this article; or 2249
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(c) Shall sell, offer for sale or permit the sale in, 2250
on or about the premises of alcoholic beverages in any package or 2251
container containing less than fifty (50) milliliters by liquid 2252
measure; then such person or employee shall be guilty of a 2253
misdemeanor and, upon conviction, shall be punished by a fine of 2254
not more than One Thousand Dollars ($1,000.00) or by imprisonment 2255
in the county jail for a term of not more than one (1) year, or by 2256
both such fine and imprisonment, in the discretion of the court. 2257
In addition, in the case of the commission of any of such offenses 2258
by the holder of a permit, it shall be the duty of the * * * 2259
department forthwith to revoke the permit held by such person and 2260
conviction of the criminal offense shall not be a condition 2261
precedent to such revocation. 2262
SECTION 6. Section 67-1-83, Mississippi Code of 1972, is 2263
amended as follows: 2264
67-1-83. (1) It shall be unlawful for any permittee or any 2265
employee or agent thereof to sell or furnish any alcoholic 2266
beverage to any person who is visibly intoxicated, or to any 2267
person who is known to habitually drink alcoholic beverages to 2268
excess, or to any person who is known to be an habitual user of 2269
narcotics or other habit-forming drugs. It shall also be unlawful 2270
for the holder of any package retailer's permit or grocery store 2271
wine-only retailer's permit to sell any alcoholic beverages except 2272
by delivery in person to the purchaser at the place of business of 2273
the permittee, unless the holder of a package retailer's permit 2274
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also holds a delivery service permit or uses a delivery service 2275
permittee to effect delivery. 2276
(2) It shall be unlawful for any permittee or any employee 2277
or agent thereof to sell or furnish any alcoholic beverage to any 2278
person to whom the department has, after investigation, decided to 2279
prohibit the sale of those beverages because of an appeal to the 2280
department so to do by the husband, wife, father, mother, brother, 2281
sister, child, or employer of the person. The interdiction in 2282
those cases shall last until removed by the department, but no 2283
person shall be held to have violated this subsection unless he 2284
has been informed by the department, by registered letter, that it 2285
is forbidden to sell to that individual or unless that fact is 2286
otherwise known to the permittee or its employee or agent. 2287
(3) It shall be unlawful for any holder of a package 2288
retailer's permit or a grocery store wine-only retailer's permit, 2289
or any employee or agent thereof, engaged solely in the business 2290
of package retail sales under this article to sell or furnish any 2291
alcoholic beverage before 10:00 a.m. and after 10:00 p.m. or to 2292
sell alcoholic beverages on Sunday and Christmas Day. 2293
(4) Any person who violates any of the provisions of this 2294
section shall be guilty of a misdemeanor and, upon conviction, 2295
shall be punished by a fine of not more than Five Hundred Dollars 2296
($500.00) or by imprisonment in the county jail for a term of not 2297
more than six (6) months, or by both that fine and imprisonment, 2298
in the discretion of the court. In addition to any other 2299
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penalties prescribed by law, the * * * department may immediately 2300
revoke the permit of any permittee who violates the provisions of 2301
this section. 2302
SECTION 7. Section 67-1-85, Mississippi Code of 1972, is 2303
amended as follows: 2304
67-1-85. (1) The holder of a package retailer's permit or 2305
grocery store wine-only retailer's permit may have signs, lighted 2306
or otherwise, on the outside of the premises covered by his permit 2307
which advertise, announce or advise of the sale of alcoholic 2308
beverages in or on * * * the premises. Wherever the sign is 2309
located on the premises, the name of the business shall also 2310
include the permit number thereof, preceded by the words "A.B.C. 2311
Permit No." 2312
(2) It shall be lawful to advertise alcoholic beverages by 2313
means of signs, billboards or displays on or along any road, 2314
highway, street or building. 2315
(3) It shall be lawful for publishers, broadcasters and 2316
other kinds, types or forms of public and private advertising 2317
media to advertise alcoholic beverages; however, no alcoholic 2318
beverages may be advertised during, or within five (5) minutes 2319
preceding or following, any television broadcast which consists 2320
primarily of animated material intended for viewing by young 2321
children. 2322
(4) Notwithstanding the provisions of this section to the 2323
contrary, it shall be unlawful to advertise alcoholic beverages by 2324
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ST: Alcoholic beverages; authorize the sale of
wine in grocery stores.
means of signs, billboards or displays in any municipality, county 2325
or judicial district which has not voted pursuant to the 2326
provisions of this article to legalize the sale of alcoholic 2327
beverages. 2328
SECTION 8. This act shall take effect and be in force from 2329
and after July 1, 2026. 2330