1997 Regular Session
To: Ways and Means
By: Representative Compretta
House Bill 1179
AN ACT TO AMEND SECTION 67-1-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR A PERSON TO IMPORT, TRANSPORT OR POSSESS, IN ANY COUNTY THAT HAS VOTED TO COME OUT FROM UNDER THE DRY LAW IN THAT COUNTY, LIMITED AMOUNT OF ALCOHOLIC BEVERAGES PURCHASED IN ANOTHER STATE BY SUCH PERSON, PROVIDED THAT THE PERSON PURCHASED THE ALCOHOLIC BEVERAGES FOR HIS OR HER PERSONAL USE AND CONSUMPTION ONLY; TO AMEND SECTION 97-31-47, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-9, Mississippi Code of 1972, is amended as follows:
67-1-9. (1) (a) Except as otherwise provided in subsection (1), it shall be unlawful for any person to manufacture, distill, brew, sell, possess, import into this state, export from the state, transport, distribute, warehouse, store, solicit, take order for, bottle, rectify, blend, treat, mix or process any alcoholic beverage except as authorized in this chapter. However, nothing contained herein shall prevent importers, wineries and distillers of alcoholic beverages from storing such alcoholic beverages in private bonded warehouses located within the State of Mississippi for the ultimate use and benefit of the State Tax Commission as provided in Section 67-1-41. The commission is hereby authorized to promulgate rules and regulations for the establishment of such private bonded warehouses and for the control of alcoholic beverages stored in such warehouses. Additionally, nothing herein contained shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession, or prevent any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution. Any drugstore employing a licensed pharmacist may possess and use alcoholic liquors in the combination of prescriptions of duly licensed physicians. The possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church shall not be prohibited by this chapter.
(b) From and after July 1, 1997, it shall not be unlawful for any person to import, transport or possess, in any county in this state that has voted to come out from under the dry law in that county, not more than three (3) gallons of alcoholic beverages purchased in another state by such person, provided that the person purchased the alcoholic beverages for his or her personal use and consumption only. Nothing in this paragraph (b) shall be construed to allow any person to import, transport or possess alcoholic beverages in any county in this state that has not voted to come out from under the dry law in that county.
(2) Any person, upon conviction of any provision of this section, shall be punished as follows:
(a) By a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than one (1) week nor more than three (3) months, or both, for the first conviction under this section.
(b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail not less than sixty (60) days, nor more than six (6) months, or both fine and imprisonment, for the second conviction for violating this section.
(c) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the State Penitentiary not less than one (1) year, nor more than five (5) years, or both fine and imprisonment, for conviction the third time under this section for the violation thereof after having been twice convicted of its violation.
SECTION 2. Section 97-31-47, Mississippi Code of 1972, is amended as follows:
97-31-47. It shall be unlawful for any transportation company, or any agent, employee, or officer of such company, or any other person, or corporation to transport into or deliver in this state in any manner or by any means any spirituous, vinous, malt, or other intoxicating liquors or drinks, or for any such person, company, or corporation to transport any spirituous, malt, vinous, or intoxicating liquors or drinks from one place within this state to another place within the state, or from one (1) point within this state to any point without the state, except in cases where this chapter, Section 67-9-1 or Section 67-1-9 authorizes the transportation.
SECTION 3. This act shall take effect and be in force from and after July 1, 1997.