MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Tourism
By: Senator(s) Massey
AN ACT TO AMEND SECTION 67-1-101, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY MUNICIPALITY THAT HAS VOTED IN FAVOR OF COMING OUT FROM UNDER THE DRY LAW OR THAT IS IN A COUNTY THAT HAS VOTED IN FAVOR OF COMING OUT FROM UNDER THE DRY LAW, TO ESTABLISH LEISURE AND RECREATION DISTRICTS UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-101, Mississippi Code of 1972, is amended as follows:
67-1-101. (1) For the purposes of this section, the following words shall have the following meanings ascribed in this section, unless the context clearly otherwise requires:
(a)
"Municipality" means any incorporated city, town or village * * *
that has voted in favor of
coming out from under the dry law or is in a county that has voted in favor of
coming out from under the dry law come out from under the dry law.
(b) "Leisure and recreation district" means an area officially designated by ordinance or resolution of the governing authorities of a municipality or county as a leisure and recreation district.
(2)
(a) * * *
Subject to the provisions of this section, the governing authorities of a
municipality, by ordinance, may establish one or more leisure and recreation districts within the corporate
boundaries of the municipality and designate the geographic area or areas to be
included within a district. The governing authorities of a municipality, by
ordinance, may modify the boundaries of a leisure and recreation district. In
addition, the boundaries of a leisure and recreation district may extend from
within the municipality into the unincorporated area of the county in which the
municipality is located if the county consents to the extension and has voted
in favor of coming out from under the dry law.
* * *
(b) (i) Subject to the provisions of this section, the Board of Supervisors of Madison County, Mississippi, by resolution, may establish one or more leisure and recreation districts within the county in the areas described in this paragraph (b) and designate the geographic area or areas to be included within a district. The board of supervisors, by resolution, may modify the boundaries of a leisure and recreation district within the areas described in this paragraph (b).
(ii) If the board of supervisors establishes a leisure and recreation district(s) under this paragraph (b), the district(s) shall consist of and be limited to:
1. The area of not more than fifty (50) acres located southwest of the intersection of Mississippi Highways 22 and 463 in the county and comprising the area or part of the area once constituting the boundaries or part of the boundaries of the former municipality of Livingston, Mississippi; and/or
2. The Town of Lost Rabbit, Phase IV, as described in the records of the Chancery Clerk of Madison County.
(c) Subject to the provisions of this section, the Board of Supervisors of Lee County, Mississippi, by resolution, may establish one or more leisure and recreation districts within the county that are outside the corporate limits of any municipality in the county and designate the geographic area or areas to be included within the districts.
(d) Subject to the provisions of this section, the Board of Supervisors of Rankin County, Mississippi, by resolution, may establish one or more leisure and recreation districts within the county that are outside the corporate limits of any municipality in the county and designate the geographic area or areas to be included within the districts.
(e) The designation or modification of the geographic area or areas as a leisure and recreation district shall include a detailed description of the area or areas within the district, boundaries of the district and a georeferenced map of the district. In addition to any other matters addressed in an ordinance or resolution establishing or modifying a leisure and recreation district, a municipality or county, as the case may be, must describe the manner in which the municipality or county, as the case may be, will provide for adequate law enforcement and other public safety measures and services within the district. Following the establishment and/or modification of a leisure and recreation district, the municipality or county, as the case may be, shall provide the Department of Revenue with (i) a copy of any ordinance or resolution relating to the establishment or modification of the district, (ii) verification from the municipal police department and/or applicable sheriff's department indicating how such department will provide adequate law enforcement and other public safety measures and services within the district, and (iii) a list of persons or other entities that hold permits issued under Section 67-1-51(c), (e), (f), (g), (l), (n) or (o) and are located and/or doing business under such permits in the district at the time the district is established.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.