2002 Regular Session
To: Ways and Means
By: Representative Simpson
AN ACT TO AMEND SECTION 67-3-22, MISSISSIPPI CODE OF 1972, TO ALLOW A HOSPITALITY OPERATOR TO PROVIDE COMPLIMENTARY LIGHT WINE OR BEER PRODUCED AT A BREWPUB TO CERTAIN GUESTS AND TO DELETE THE REPEALER ON SUCH SECTION; TO AUTHORIZE A BREWPUB TO PACKAGE IN KEGS LIGHT WINE OR BEER MANUFACTURED BY IT THAT IS TO BE ENTERED INTO BEER COMPETITIONS THAT ARE CONDUCTED OUTSIDE THIS STATE AND TO LIMIT TO TWO THE NUMBER OF KEGS THAT MAY BE TAKEN TO ANY ONE COMPETITION; TO AMEND SECTION 67-3-28, MISSISSIPPI CODE OF 1972, TO INCREASE FROM FOUR PERCENT TO FIVE PERCENT THE PERCENT OF ALCOHOL BY WEIGHT THAT CAN BE CONTAINED IN BEER AND LIGHT WINE MANUFACTURED AND SOLD BY BREWPUBS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-3-22, Mississippi Code of 1972, is amended as follows:
67-3-22. (1) The production limits for a brewpub shall be based upon production as determined by the State Tax Commission pursuant to Section 27-71-307, and shall be limited as follows:
(a) A stand-alone restaurant or restaurant operated by a hospitality operator with less than fifty (50) guest rooms in the aggregate shall not manufacture more than forty thousand three hundred (40,300) gallons of light wine or beer per calendar year.
(b) A restaurant operated by a hospitality operator with fifty (50) or more guest rooms in the aggregate but less than five hundred (500) guest rooms in the aggregate shall not manufacture more than sixty thousand (60,000) gallons of light wine or beer per calendar year.
(c) A restaurant operated by a hospitality operator with five hundred (500) or more guest rooms in the aggregate but less than one thousand (1,000) guest rooms in the aggregate shall not manufacture more than seventy-five thousand (75,000) gallons of light wine or beer per calendar year.
(d) A restaurant operated by a hospitality operator with one thousand (1,000) or more guest rooms in the aggregate shall not manufacture more than ninety-nine thousand (99,000) gallons of light wine or beer per calendar year.
(2) Light wine or beer produced at a brewpub shall not be sold at a price less than it cost to manufacture such light wine or beer, except that providing complimentary light wine or beer produced at the brewpub to guests who are room, food and beverage patrons for consumption exclusively on premises is authorized.
(3) (a) Light wine or beer manufactured by a brewpub:
(i) Shall not be sold away from the premises of such brewpub (as defined in Section 27-71-301, Mississippi Code of 1972), and
(ii) Except as otherwise provided in this subsection, shall not be packaged in any form that it may be carried away from the premises; provided, however, that the final one hundred (100) gallons of beer within a fermenting tank may be placed in kegs for sale on the premises to facilitate transition from one fermenting tank to another.
(b) A brewpub may package in kegs light wine or beer manufactured by it that is to be entered into beer competitions that occur outside this state; however, the amount of light wine or beer that may be taken to any one (1) competition shall not exceed two (2) kegs.
(4) A brewpub shall be required to offer for sale light wine or beer that is normally carried on the inventory of wholesaler or distributor of light wine or beer.
(5) As used in this section, the following terms shall have the meanings ascribed in this subsection:
(a) "Hospitality operator" means a business that operates guest rooms that at any one (1) time will accommodate transient guests on a daily or weekly basis in conjunction with a brewpub at one (1) location or facility.
(b) "Premises" means those areas where food is normally sold and consumed and which are immediately adjacent and connected to the brewing facility or brewpub operated by a hospitality operator.
(c) "Room, food and beverage patron" means a patron who receives from a hospitality operator lodging, food and beverages at no cost to the patron.
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SECTION 2. Section 67-3-28, Mississippi Code of 1972, is amended as follows:
67-3-28. (1) Any person desiring to engage in business as a brewpub shall file with the commissioner, along with the application required by Section 67-3-17, Mississippi Code of 1972, a certificate issued by a licensed testing laboratory indicating that such laboratory has tested a sample of the applicant's beer or light wine, or both, and that the alcohol content of such sample does not exceed five percent (5%) by weight.
(2) Every brewpub shall be required to submit to random testing by the commissioner to determine whether any beer or light wine being manufactured, sold, kept, stored or secreted by the license holder contains an alcohol content greater than five percent (5%) by weight. The commissioner shall establish and administer testing standards and procedures to be used in such random testing. The brewpub licensee shall be responsible for all costs incurred by the commissioner in conducting random testing under this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2002.