MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Ways and Means

By: Representatives Baria, Evans (91st), Moak, Oberhousen

House Bill 431

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 67-3-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY PERSON WHO IS 21 YEARS OF AGE OR OLDER SHALL HAVE THE RIGHT TO MAKE HOMEMADE BEER FOR DOMESTIC OR HOUSEHOLD USES IF THE BEER IS MADE IN A COUNTY OR MUNICIPALITY IN WHICH THE POSSESSION OF LIGHT WINE OR BEER IS LAWFUL; TO PROVIDE THAT HOMEMADE BEER MADE FOR DOMESTIC OR HOUSEHOLD USE IS NOT SUBJECT TO TAXATION; TO LIMIT THE AMOUNT OF HOMEMADE BEER THAT MAY BE PRODUCED IN ANY ONE CALENDAR YEAR; TO AUTHORIZE THE REMOVAL OF HOMEMADE BEER FROM THE LOCATION WHERE IT IS MADE FOR DOMESTIC OR HOUSEHOLD USES AND TO AUTHORIZE HOMEMADE BEER TO BE TAKEN TO ORGANIZED EVENTS, EXHIBITIONS OR COMPETITIONS; TO MAKE IT CLEAR THAT HOMEMADE WINE OR BEER MAY NOT BE OFFERED FOR SALE; TO PROVIDE THAT A PERSON MAKING HOMEMADE BEER FOR DOMESTIC OR HOUSEHOLD USES AS AUTHORIZED UNDER THIS ACT SHALL NOT BE REQUIRED TO OBTAIN A PERMIT IN ORDER TO MAKE SUCH BEER; TO AMEND SECTIONS 67-3-7, 67-3-13, 67-3-15, 67-3-17 AND 67-3-27, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.  

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

     SECTION 1.  Section 67-3-11, Mississippi Code of 1972, is amended as follows:

     67-3-11.  (1)  Every person shall have the right to make homemade wine for domestic or household uses only, free of all restraint by this chapter or otherwise, and no such election as provided for in Sections 67-3-7, 67-3-9 and 67-3-13, shall deprive any person of the right to make homemade wine for domestic or household uses only.

     (2)  (a)  Every person twenty-one (21) years of age or older shall have the right to make homemade beer for domestic or household uses without restraint by this chapter or otherwise if the beer is made in a county or municipality in which the possession of light wine or beer is lawful.

          (b)  No tax shall accrue on the production of homemade beer for domestic or household uses; however, the production of homemade beer authorized under this section shall not exceed one hundred (100) gallons per calendar year in the household in which the beer is being produced.

          (c)  A person making homemade beer as authorized under this section shall not be required to obtain a permit under this chapter in order to make such beer. 

     (3)  Homemade beer may be removed from the location where it is made for domestic or household uses, and may be taken to organized events, exhibitions or competitions including, but not limited to, homemaker's contests and events where homemade beer is tasted or judged.

     (4)  Homemade wine or beer may not be offered for sale.

     SECTION 2.  Section 67-3-7, Mississippi Code of 1972, is amended as follows:

     67-3-7.  (1)  If any county, at an election held for the purpose under the election laws of the state, shall by a majority vote of the duly qualified electors voting in the election determine that the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer shall not be permitted in such county, then the same shall not be permitted therein except as authorized under Section 67-9-1 and as may be otherwise authorized in this section.  An election to determine whether such transportation, storage, sale, distribution, receipt and/or manufacture of such beverages shall be excluded from any county in the state, shall, on a petition of twenty percent (20%) of the duly qualified electors of such county, be ordered by the board of supervisors of the county, for such county only.  No election on the question shall be held in any one county more often than once in five (5) years.

     In counties which have elected, or may elect by a majority vote of the duly qualified electors voting in the election, that the transportation, storage, sale, distribution, receipt and/or manufacture of wine or beer shall not be permitted in the county, an election may be held in the same manner as the election hereinabove provided on the question of whether or not the transportation, storage, sale, distribution, receipt and/or manufacture of said beverages shall be permitted in such county. Such election shall be ordered by the board of supervisors of such county on a petition of twenty percent (20%) of the duly qualified electors of such county.  No election on this question can be ordered more often than once in five (5) years.

     (2)  Nothing in this section shall make it unlawful to possess beer or wine, as defined herein, in any municipality which has heretofore or which may hereafter vote in an election, pursuant to Section 67-3-9, in which a majority of the qualified electors vote in favor of permitting the sale and the receipt, storage and transportation for the purpose of sale of beer or wine as defined herein.

     (3)  Nothing in this section shall make it unlawful to:

          (a)  Possess or consume light wine or beer at a qualified resort area as defined in Section 67-1-5;

          (b)  Sell, distribute and transport light wine or beer to a qualified resort area as defined in Section 67-1-5;

          (c)  Sell light wine or beer at a qualified resort area as defined in Section 67-1-5 if such light wine or beer is sold by a person with a permit to engage in the business as a retailer of light wine or beer;

          (d)  Transport beer of an alcoholic content of more than eight percent (8%) by weight if it is being transported to another state for legal sale in that state * * *.;

          (e)  Transport homemade beer as authorized in Section 67-3-11.

     SECTION 3.  Section 67-3-13, Mississippi Code of 1972, is amended as follows:

     67-3-13.  (1)  Except as otherwise provided herein and as authorized under this section and Section 67-9-1, in any county which has at any time since February 26, 1934, elected, or which may hereafter elect, to prohibit the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer of an alcoholic content of not more than four percent (4%) by weight in such county, it is hereby declared to be unlawful to possess such beverages therein.  In any county which, after July 1, 1998, elects to prohibit the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer of an alcoholic content of not more than five percent (5%) by weight in such county, it is hereby declared to be unlawful to possess such wine or beer therein.  In any county which, after July 1, 2012, elects to prohibit the transportation, storage, sale, distribution, receipt and/or manufacture of wine of an alcoholic content of not more than five percent (5%) by weight in such county and beer of an alcoholic content of not more than eight percent (8%) by weight, it is hereby declared to be unlawful to possess such wine or beer therein.  Any person found possessing any beer or wine of any quantity whatsoever in such county shall, on conviction, be imprisoned not more than ninety (90) days or fined not more than Five Hundred Dollars ($500.00), or be both so fined and imprisoned.

     (2)  Notwithstanding the provisions of subsection (1) of this section, in any county or municipality in which the transportation, storage, sale, distribution, receipt and/or manufacture of light wine and beer is prohibited, it shall not be unlawful for a permitted wholesaler or distributor to possess light wine and beer when such light wine and beer is held therein solely for the purpose of storage and for distribution to other counties and municipalities in which possession of such beverages is lawful.

     (3)  Notwithstanding the provisions of subsections (1) and (2) of this section, in any county in which transportation, storage, sale, distribution, receipt and/or manufacture of light wine and beer is prohibited, it shall not be unlawful:

          (a)  To receive, store, possess or consume light wine or beer at a resort area as defined in Section 67-1-5;

          (b)  To distribute and transport light wine or beer to a resort area as defined in Section 67-1-5;

          (c)  To transport beer of an alcoholic content of more than eight percent (8%) by weight if it is being transported to another state for legal sale in that state * * *.;

          (d)  Transport homemade beer as authorized in Section 67-3-11.

     SECTION 4.  Section 67-3-15, Mississippi Code of 1972, is amended as follows:

     67-3-15.  (1)  Except as otherwise provided in this chapter, any person who shall brew or manufacture or sell any beer or light wine without first having secured a permit and/or license from the commissioner authorizing the brewing or manufacture or sale of such liquor, shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not more than one (1) year, or both, in the discretion of the court.  Any person so convicted may not apply for any permit or license issued by the commissioner until five (5) years have elapsed from the date of such conviction.

          (2)  This section shall not apply to a person making homemade beer as authorized in Section 67-3-11. 

     SECTION 5.  Section 67-3-17, Mississippi Code of 1972, is amended as follows:

     67-3-17.  (1)  Except as otherwise provided in this chapter, 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 contain a statement showing the name of the business, and if a partnership, firm, association or limited liability company, 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.  The commissioner shall prescribe the form of the application and designate who is required to sign the application.  The application shall be signed under penalty of perjury.

          (b)  This section shall not apply to a person making homemade beer as authorized in Section 67-3-11.

     (2)  The application shall include a statement that the applicant will not, except as otherwise authorized in this chapter, allow any alcoholic beverages as defined in Section 67-1-5, any beer having an alcoholic content of more than eight percent (8%) by weight or any wine, having an alcoholic content of more than five percent (5%) 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)  Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

     SECTION 6.  Section 67-3-27, Mississippi Code of 1972, is amended as follows:

     67-3-27.  Before any person shall engage in the business of manufacturer, wholesaler, distributor or retailer of light wines or beer, he shall apply to the commissioner for a license to engage in such business, and shall pay to the commissioner the specific tax imposed by Section 27-71-303, for the privilege of engaging in such business.  The commissioner upon receipt of such tax shall issue to such person a privilege license to engage in or continue in such business for a period of time not to exceed one (1) year.  No such license shall be issued to the applicant unless such applicant shall have obtained from the commissioner a permit as required in Section 67-3-17.  A brewpub shall obtain all necessary federal licenses and permits prior to obtaining any license under this chapter.

     All privilege licenses issued under the provisions of this section shall be renewed annually on or before the first day of the month in which the current license expires.

     This section shall not apply to a person making homemade beer as authorized in Section 67-3-7.

     SECTION 7.  This act shall take effect and be in force from and after July 1, 2013.