MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Tourism
By: Senator(s) Massey, Jordan
Senate Bill 2588
(As Passed the Senate)
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, AND ANY 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 * * *:
(i) Located in one (1) of the three (3) most southern
counties in the State of Mississippi,
(ii) The City of Hattiesburg, Mississippi,
(iii) The City of Tupelo, Mississippi,
(iv) The City of Holly Springs, Mississippi,
(v) The City of Greenville, Mississippi,
(vi) The City of Greenwood, Mississippi,
(vii) The City of Canton, Mississippi,
(viii)
The City of Grenada, Mississippi,
(ix)
The City of Starkville, Mississippi,
(x)
The City of Water Valley, Mississippi,
(xi)
The City of Jackson, Mississippi,
(xii)
The City of Senatobia, Mississippi,
(xiii)
The City of Corinth, Mississippi,
(xiv)
The City of Natchez, Mississippi,
(xv)
The City of Laurel, Mississippi,
(xvi)
The City of Clinton, Mississippi,
(xvii)
The City of Cleveland, Mississippi,
(xviii)
The City of Vicksburg, Mississippi,
(xix)
The City of Ridgeland, Mississippi,
(xx)
The City of Brandon, Mississippi,
(xxi)
The City of Flowood, Mississippi, and
(xxii)
The City of Clarksdale, Mississippi 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.
(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.
(c)
"County" means any county that has voted in favor of coming out from
under the dry law.
(2)
(a) * * *(i)
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.
* * * (ii) If a municipality defined in subsection
(1)(a)(xi) of this section establishes one or more leisure and recreation
districts, the districts shall consist of and be limited to:
1.
The area located in the municipality consisting of the area beginning at Duling
Avenue with its intersection with State Street and running to its intersection
with Old Canton Road; then running along Old Canton Road to the point where it
merges into State Street; then running along State Street to its intersection
with Duling Avenue, as well as all of the area located within five hundred
(500) feet outside of the area described in this item 1; and/or
2.
The area located in the municipality consisting of the area more particularly
described as follows:
Starting
at a concrete monument that is the SE corner of the SW 1/4 of the SW 1/4 of
Section 24, T6N, R1E in the First Judicial District, Hinds County, Mississippi,
run thence N 00°‑01' E along the line between the E 1/2 and the W 1/2 of
the SW 1/4 of Section 24, T6N, R1E for a distance of 194.40 feet to a point on
the north line of Eastover Drive, as said drive is now laid out and improved,
the point of beginning.
Run
thence N 56°‑46' W along said north line of said Eastover Drive for a
distance of 3.02 feet to the P.C. of a curve to the left with a radius (chord)
of 5769.65 feet (angle of curve was omitted, 04°‑00'‑0r"); Run
thence along said curve and said north line of Eastover Drive for a distance of
402.91 feet to the P.T. of said curve; Run thence N 60°‑46' W along said
north line of said Eastover Drive for a distance of 684.92 feet to a point on
the east right‑of‑way line of U.S. Highway No. 51, as said highway
is now laid out and improved, Run thence N 29°‑14' E along said east
right‑of‑way line of U.S. Highway No. 51 for a distance of 1422.24
feet to a point; Run thence N 87°‑06' E for a distance of 251.28 feet to
a point on the line between the E 1/2 and the W 1/2 of the SW 1/4 of Section
24, T6N, R1E, and also being a point on the south line of share 1 of the Mosal
partition; Run thence S 00°‑01' W along said line between the E 1/2 and
the W 1/2 of the SW 1/4 of Section 24, T6N, R1E for a distance of 1796.17 feet
to the point of beginning.
All
the above described land being situated in the W 1/2 of the SW 1/4 of Section
24, T6N, R1E in the First Judicial District of Hinds County, Mississippi, and
being wholly within the corporate limits of the City of Jackson and containing
22.822 acres.
(iii)
If a municipality defined in subsection (1)(a)(xii) of this section establishes
a leisure and recreation district, the district shall consist of and be limited
to the following areas in the downtown historic district located in the
municipality:
1.
The segment of Front Street located south of College Street and north of Tate
Street, as well as all of the area located within three hundred (300) feet of
such segment of Front Street,
2.
The segment of Main Street located west of the railroad track and east of U.S.
Highway 51, as well as all of the area located within three hundred (300) feet
of such segment of Main Street,
3.
The segment of Center Street located north of Tate Street and south of College
Street, as well as all of the area located within three hundred (300) feet of
such segment of Center Street,
4.
The segment of Ward Street located north of Court Street and south of College
Street, as well as all of the area located within three hundred (300) feet of
such segment of Ward Street, and
5.
The segment of Tate Street located west of the railroad track and east of Ward
Street, as well as all of the area located within three hundred (300) feet of
such segment of Tate Street.
(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.
( * * *cb) Subject to the provisions of this
section, the board of Supervisors of * * *Lee County, Mississippi a county, 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.
( * * *ec) 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.