MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Ways and Means

By: Representative Reeves

AN ACT TO AMEND SECTIONS 67-1-81 AND 67-3-69, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PENALTY FOR A CONVICTION OF THE SALE TO A MINOR OF ALCOHOLIC BEVERAGES, LIGHT WINE OR BEER SHALL BE A FINE OF NOT LESS THAN $1,500.00 AND NOT MORE THAN $50,000.00 AND THAT THE PERMIT TO SELL SUCH BEVERAGES SHALL BE REVOKED FOR ONE YEAR; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 67-1-81, Mississippi Code of 1972, is amended as follows:

67-1-81. (1) Any permittee or other person who shall sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under the age of twenty-one (21) years, upon conviction thereof, * * * shall be punished by a fine of not less than Fifteen Hundred Dollars ($1,500.00) nor more than Fifty Thousand Dollars ($50,000.00) for a first offense. For a second or subsequent offense, such permittee or other person shall be punished by a fine of not less than Fifteen Hundred Dollars ($1,500.00) nor more than Fifty Thousand Dollars ($50,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment in the discretion of the court. Upon conviction of a first offense under the provisions of this subsection, the permit of any permittee so convicted shall be revoked automatically for a period of one (1) year from the date of the conviction. After the expiration of the one (1) year, the permit may be obtained only upon reapplication as if for an application of the first instance. Upon conviction of a second offense under the provisions of this subsection, the permit of any permittee so convicted shall be automatically and permanently revoked.

(2) Any person under the age of twenty-one (21) years who purchases, receives, or has in his or her possession in any public place, any alcoholic beverages, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00). Provided, that clearing or busing tables that have glasses or other containers that contain or did contain alcoholic beverages, or stocking, bagging or otherwise handling purchases of alcoholic beverages shall not be deemed possession of alcoholic beverages for the purposes of this section. Provided further, that a person who is at least eighteen (18) years of age but under the age of twenty-one (21) years who waits on tables by taking orders for or delivering orders of alcoholic beverages shall not be deemed to unlawfully possess or furnish alcoholic beverages if in the scope of his employment by the holder of an on-premises retailer's permit. This exception shall not authorize a person under the age of twenty-one (21) to tend bar or act in the capacity of bartender. Any person under the age of twenty-one (21) who knowingly makes a false statement to the effect that he or she is twenty-one (21) years old or older to any person engaged in the sale of alcoholic beverages for the purpose of obtaining the same shall be guilty of a misdemeanor and shall be punished by a fine of not more than Two Hundred Dollars ($200.00), and on failure to pay such fine and all costs shall be imprisoned for not less than five (5) nor more than thirty (30) days in the county jail.

SECTION 2. Section 67-3-69, Mississippi Code of 1972, is amended as follows:

67-3-69. (1) Except as to Sections 67-3-17, 67-3-23, 67-3-27, 67-3-55 and 67-3-57, any violation of any provision of this chapter or of any rule or regulation of the commissioner, shall be a misdemeanor and, where the punishment therefor is not elsewhere prescribed herein, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment for not more than six (6) months, or both, in the discretion of the court. If any person so convicted shall be the holder of any permit or license issued by the commissioner under authority of this chapter, such permit or license shall from and after the date of such conviction be void and the holder thereof shall not thereafter, for a period of one (1) year from the date of such conviction, be entitled to any permit or license for any purpose authorized by this chapter. Upon conviction of the holder of any permit or license, the appropriate law enforcement officer shall seize the permit or license and transmit it to the commissioner.

(2) Any person who shall violate any provision of Sections 67-3-17, 67-3-23, 67-3-27, 67-3-55 or 67-3-57 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court. Any person convicted of violating any provision of said sections shall forfeit his permit, and shall not thereafter be permitted to engage in any business taxable under the provisions of Sections 27-71-301 through 27-71-347.

(3) If the holder of a permit, or the employee of the holder of a permit, shall be convicted of selling any beer or wine to any person under the age of twenty-one (21) years from the licensed premises in violation of Section 67-3-53(b), then, in addition to any other penalty provided for by law, the holder of the permit may be punished as follows:  * * * The holder of the permit may be fined in an amount not less than Fifteen Hundred Dollars ($1,500.00) and not more than Fifty Thousand Dollars ($50,000.00), and the permit shall be revoked automatically for a period of one (1) year from the date of the conviction of the holder of the permit or his employee. After the expiration of the one (1) year, the permit may be obtained only upon reapplication as if for an application of the first instance.

(4) A person who sells any beer or wine to a person under the age of twenty-one (21) years shall not be guilty of a violation of Section 67-3-53(b) if the person under the age of twenty-one (21) years represents himself to be twenty-one (21) years of age or older by displaying an apparently valid Mississippi driver's license containing a physical description consistent with his appearance or by displaying some other apparently valid identification document containing a picture and physical description consistent with his appearance for the purpose of inducing the person to sell beer or wine to him.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.