MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Ways and Means

By: Representative Guice (By Request)

AN ACT TO AMEND SECTIONS 67-1-53 AND 67-3-17, MISSISSIPPI CODE OF 1972, TO REQUIRE AN APPLICANT FOR AN ORIGINAL BEER OR ALCOHOLIC BEVERAGE PERMIT, IF THE APPLICANT'S PREMISES ARE LOCATED WITHIN ONE HUNDRED FEET OF A STREET ENTRANCE TO A PLATTED SUBDIVISION, TO GIVE NOTICE OF HIS APPLICATION BY PUBLISHING SUCH NOTICE IN A NEWSPAPER; TO PROVIDE THAT NO BEER OR ALCOHOLIC BEVERAGE PERMIT SHALL BE ISSUED TO SUCH PERSONS IF AT LEAST FIFTY PERCENT OF THE LANDOWNERS LOCATED WITHIN 1000 FEET OF THE APPLICANT'S PLACE OF BUSINESS, AS APPROPRIATE, FILE A PETITION PROTESTING THE ISSUANCE OF SUCH PERMIT; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 67-3-17, Mississippi Code of 1972, is amended as follows:

67-3-17. (1) Except as otherwise provided in subsection (3) of this section, any person desiring to engage in any business taxable under Sections 27-71-303 through 27-71-317, Mississippi Code of 1972, either as a retailer, or as a wholesaler or distributor, or as a manufacturer, of light wines or beer, shall file with the commissioner an application for a permit allowing him to engage in such business. The application for a permit shall be filed on a blank to be furnished by the commissioner for that purpose, and shall contain a statement showing the name of the business, and if a partnership, firm or association, the name of each partner or member, and if a corporation the names of two (2) principal officers, the post-office address, and the nature of business in which engaged. In case any business is conducted at two (2) or more separate places, a separate permit for each place of business shall be required.

(2) The applicant, at the time of filing such application for a permit or license to engage in such business, shall also file with the commissioner an oath, duly subscribed and sworn to by him before an officer authorized to administer oaths, that he will not allow any intoxicating liquor as defined by this chapter, including beer, wine, and distilled spirits, or alcoholic, malt, or vinous liquors including beer and wine, having an alcoholic content of more than four percent (4%) by weight, to be kept, stored, or secreted in or on the premises described in such permit or license, and that the applicant will not otherwise violate any law of this state, or knowingly allow any other person to violate any such law, while in or on such premises.

(3) From and after June 30, 1997, every applicant for an original permit, whose premises are located within one hundred (100) feet of a street entrance to a platted subdivision, shall give notice of such application by publication for two (2) consecutive issues in a newspaper of general circulation published in the city or town in which the applicant's place of business is located. However, in such instances where no newspaper is published in the city or town, then the notice shall be published in a newspaper of general circulation published in the county where the applicant's business is located. If no newspaper is published in the county, the notice shall be published in a qualified newspaper which is published in the closest neighboring county and circulated in the county of the applicant's residence. Such notice shall be printed in ten-point black face type and shall set forth the type of permit to be applied for, the exact location of the place of business, the name of the owner or owners thereof, and if operating under an assumed name, the trade name together with the names of all owners, and if a corporation, the names and titles of all officers. The cost of the notice shall be borne by the applicant. The commissioner shall not issue an original permit to such an applicant if, within thirty (30) days after the last publication of such notice, a petition signed by at least fifty percent (50%) of the landowners located within one thousand (1000) feet of the applicant's place of business is filed with the commissioner protesting the issuance of such permit. The petition shall contain the signature and the street address of each landowner whose name appears on the petition. Applications for renewal of permits are exempt from the requirements of this subsection if a permit had been issued for the same location before June 30, 1997.

SECTION 2. Section 67-1-53, Mississippi Code of 1972, is amended as follows:

67-1-53. (1) Application for permits shall be in such form and shall contain such information as shall be required by the regulations of the commission; however, no regulation of the commission shall require personal financial information from any officer of a corporation applying for an on-premises retailer's permit to sell alcoholic beverages unless such officer owns five percent (5%) or more of the stock of such corporation.

(2) Every applicant for each type of permit authorized by Section 67-1-51 shall give notice of such application by publication for two (2) consecutive issues in a newspaper of general circulation published in the city or town in which applicant's place of business is located. However, in such instances where no newspaper is published in the city or town, then the same shall be published in a newspaper of general circulation published in the county where the applicant's business is located. If no newspaper is published in the county, the notice shall be published in a qualified newspaper which is published in the closest neighboring county and circulated in the county of applicant's residence. Such notice shall be printed in ten-point black face type and shall set forth the type of permit to be applied for, the exact location of the place of business, the name of the owner or owners thereof, and if operating under an assumed name, the trade name together with the names of all owners, and if a corporation, the names and titles of all officers. The cost of such notice shall be borne by the applicant.

(3) From and after June 30, 1997, if the premises of the applicant are located within one hundred (100) feet of a street entrance, to a platted subdivision, the commissioner shall not issue an original permit to such an applicant if, within thirty (30) days of the last publication of such notice, a petition signed by at least fifty percent (50%) of the landowners located within one thousand (1000) feet of the applicant's place of business is filed with the commissioner protesting the issuance of such permit. The petition shall contain the signature and the street address of each landowner whose name appears on the petition. Applications for renewal permits are exempt from the provisions of this subsection if a permit has been issued for the same location before June 30, 1997.

SECTION 3. This act shall take effect and be in force from and after June 30, 1997.