2005 Regular Session
By: Senator(s) White
AN ACT TO AMEND SECTION 67-3-53, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR THE HOLDER OF A PERMIT TO SELL BEER OR LIGHT WINE AT RETAIL TO ALLOW PERSONS UNDER THE AGE OF 21 NOT IN THE COMPANY OF A PARENT, GUARDIAN OR SPOUSE WHO IS AT LEAST 21 YEARS OF AGE ON THE LICENSED PREMISES OF AN ESTABLISHMENT WHERE LIGHT WINE, BEER OR DISTILLED SPIRITS ARE ALLOWED TO BE CONSUMED ON THE PREMISES UNLESS SUCH ESTABLISHMENT IS REGULARLY USED FOR THE SERVING OF MEALS TO GUESTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-3-53, Mississippi Code of 1972, is amended as follows:
67-3-53. In addition to any act declared to be unlawful by this chapter, or by Sections 27-71-301 through 27-71-347, and Sections 67-3-17, 67-3-27, 67-3-29 and 67-3-57, it shall be unlawful for the holder of a permit authorizing the sale of beer or light wine at retail or for the employee of the holder of such a permit:
(a) To sell or give to be consumed in or upon any licensed premises any beer or light wine between the hours of midnight and seven o'clock the following morning or during any time the licensed premises may be required to be closed by municipal ordinance or order of the board of supervisors; provided, however, in areas where the sale of alcoholic beverages is legal under the provisions of the Local Option Alcoholic Beverage Control Law and the hours for selling such alcoholic beverages have been extended beyond midnight for on-premises permittees under Section 67-1-37, the hours for selling beer or light wines are likewise extended in areas where the sale of beer and light wines is legal in accordance with the provisions of this chapter.
(b) To sell, give or furnish any beer or light wine to any person visibly or noticeably intoxicated, or to any insane person, or to any habitual drunkard, or to any person under the age of twenty-one (21) years.
(c) To permit in the premises any lewd, immoral or improper entertainment, conduct or practices.
(d) To permit loud, boisterous or disorderly conduct of any kind upon the premises or to permit the use of loud musical instruments if either or any of the same may disturb the peace and quietude of the community wherein such business is located.
(e) To permit persons of ill repute, known criminals, prostitutes or minors to frequent the licensed premises, except minors accompanied by parents or guardians, or under proper supervision.
(f) To permit or suffer illegal gambling or the operation of illegal games of chance upon the licensed premises.
(g) To receive, possess or sell on the licensed premises any beverage of any kind or character containing more than five percent (5%) of alcohol by weight unless the licensee also possesses an on-premises permit under the Local Option Alcoholic Beverage Control Law.
(h) To allow any person under the age of twenty-one (21) years upon the licensed premises of an establishment where beer, light wine or distilled spirits are allowed to be consumed on the premises unless: (i) the establishment is regularly used and kept open for the serving of meals to guests for compensation and which has suitable seating facilities for guests; or (ii) the person is accompanied by a parent, guardian or spouse who is at least twenty-one (21) years of age.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.