MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Ways and Means

By: Representative Simmons (100th)

House Bill 1505

AN ACT TO REQUIRE AN APPLICANT FOR A BEER PERMIT WHO WILL ALLOW THE CONSUMPTION OF BEER ON THE APPLICANT'S PREMISES TO GIVE NOTICE OF HIS APPLICATION BY PUBLISHING SUCH NOTICE IN A NEWSPAPER; TO REQUIRE A HOLDER OF A BEER PERMIT WHO ALLOWS THE CONSUMPTION OF BEER ON THE PERMIT HOLDER'S PREMISES TO GIVE NOTICE OF HIS APPLICATION FOR RENEWAL OF THE PERMIT BY PUBLISHING SUCH NOTICE IN A NEWSPAPER; TO PROVIDE THAT NO BEER PERMIT SHALL BE ISSUED TO OR RENEWED FOR SUCH PERSONS IF AT LEAST FIFTY PERCENT OF THE LANDOWNERS LOCATED WITHIN 1000 FEET OF THE APPLICANT'S OR PERMIT HOLDER'S PLACE OF BUSINESS, AS APPROPRIATE, FILE A PETITION PROTESTING THE ISSUANCE OR RENEWAL 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. The applicant shall also state in the oath whether he will allow the consumption of beer on the applicant's premises.

(3) From and after July 1, 1997, every applicant for a permit who intends to allow the consumption of beer on the applicant's premises 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 a 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.

SECTION 2. Section 67-3-25, Mississippi Code of 1972, is amended as follows:

67-3-25. Any permit issued authorizing the sale of light wines and/or beer for consumption shall be construed to authorize the sale of such light wines and/or beer by the bottle, by the glass or by draught, and in or from the original package.

Except as otherwise provided in this section, the commissioner is authorized to establish, in his discretion, a common date for the expiration of permits for each county or municipality or for all counties or municipalities in which the sale of light wines and/or beer is permitted by law and to issue permits for the period of time between the date of application and the next expiration date.

From and after July 1, 1997, every holder of a permit who allows the consumption of beer on the permit holder's premises shall give notice of application for renewal of his permit by publication of such notice for two (2) consecutive issues in a newspaper of general circulation published in the city or town in which the permit holder'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 permit holder'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 permit holder'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 permit holder. The commissioner shall not renew such a permit holder's permit 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 permit holder's place of business is filed with the commissioner protesting the renewal of such permit. The petition shall contain the signature and the street address of each landowner whose name appears on the petition.

All permits shall show date of issuance and shall be renewed annually, except as provided above, on the first day of the same month in the following year.

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