MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Ways and Means

By: Representative Scott (17th)

AN ACT TO AMEND SECTION 67-1-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR HOLDERS OF ON-PREMISES RETAILER PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES, EXCEPT IN CERTAIN INSTANCES AND EXCEPT FOR RESTAURANTS, TO ALLOW PERSONS UNDER TWENTY-ONE YEARS OF AGE TO BE PRESENT ON THE PREMISES OF SUCH PERMIT HOLDERS; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR PERSONS UNDER TWENTY-ONE YEARS OF AGE TO BE PRESENT ON THE PREMISES OF HOLDERS OF AN ON-PREMISES RETAILER PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES, EXCEPT IN CERTAIN INSTANCES AND EXCEPT FOR RESTAURANTS; 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 shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) 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 One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00), 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 second offense under the provisions of this section 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. It also shall be unlawful for any person under the age of twenty-one (21) years to be present on the premises of a holder of an on-premises retailer's permit, except a restaurant as defined in Section 67-1-5(m) and except in cases provided in this subsection (2), and any person who violates these provisions shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00).

(3) In addition to any other prohibition provided by law, it shall be unlawful for any holder of an on-premises retailer's permit, except a restaurant as defined in Section 67-1-5(m) and except in cases provided in subsection (2) of this section, to allow persons under the age of twenty-one (21) years to be present on the premises of such permit holder. Any permit holder who violates the provisions of this subsection (3) shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a first offense. For a second or subsequent offense, such permit holder shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00). Upon conviction of a second offense under the provisions of this subsection (3) the permit of any permit holder so convicted shall be automatically and permanently revoked.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.