MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Tourism; Finance

By: Senator(s) Gollott, Younger

Senate Bill 2906

AN ACT TO AMEND SECTION 67-1-3, MISSISSIPPI CODE OF 1972, TO RENOUNCE PROHIBITION AS THE POLICY OF THIS STATE IN FAVOR OF THE LEGAL MANUFACTURE, SALE, DISTRIBUTION, POSSESSION AND TRANSPORTATION OF ALCOHOLIC BEVERAGES EXCEPT IN COUNTIES THAT VOTE TO INSTITUTE PROHIBITION AFTER HOLDING AN ELECTION ON THE MATTER; TO AMEND SECTIONS 67-1-7, 67-1-9, 67-1-11, 67-1-13, 67-1-14, 67-1-15, 67-1-51, 67-1-57, 67-1-85, 67-1-91, 67-9-1, 27-71-15 AND 97-31-47, 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 67-1-3, Mississippi Code of 1972, is amended as follows:

     67-1-3.  From and after January 1, 2020, the policy of this state is * * * reannounced in favor of prohibition of the declared to be a renunciation of prohibition in favor of the legal manufacture, sale, distribution, possession and transportation of intoxicating liquor; and the provisions against such manufacture, sale, distribution, possession and transportation of * * * intoxicating liquor, as contained in Chapter 31 of Title 97, Mississippi Code of 1972 and elsewhere, are hereby redeclared the law of this state alcoholic beverages in this state, except in counties that vote to institute prohibition after holding an election on the matter.  The purpose and intent of this chapter is to * * * vigorously enforce the prohibition laws throughout the state, except in those counties and municipalities voting themselves out from under the prohibition law in accordance with the provisions of this chapter, and, in those counties and municipalities, to require strict regulation and supervision of the manufacture, sale, distribution, possession and transportation of intoxicating liquor under a system of state licensing of manufacturers, wholesalers and retailers, which licenses shall be subject to revocation for violations of this chapter provide the laws under which alcoholic beverages may be legally sold, manufactured, possessed and distributed in this state.

     All laws and parts of laws in conflict with this chapter are repealed only to the extent of such conflict; however, except as is provided in this chapter, all laws prohibiting the manufacture, sale, distribution and possession of alcoholic beverages, which are not in conflict with this chapter shall remain in full force and effect * * *, and all such laws shall remain in full force and effect in counties * * * and municipalities wherein a prohibition on the manufacture, sale, distribution and possession of alcoholic beverages * * * has not been shall hereafter be authorized as a result of an election held * * *under Section 67‑1‑11 or Section 67‑1‑14, Mississippi Code of 1972, or after January 1, 2020, as * * * otherwise provided in this chapter.

     SECTION 2.  Section 67-1-7, Mississippi Code of 1972, is amended as follows:

     67-1-7.  (1)  Except as otherwise provided in * * * Section 67‑9‑1 for the transportation and possession of limited amounts of alcoholic beverages for the use of an alcohol processing permittee, and subject to all of the provisions and restrictions contained in this chapter, the manufacture, sale, distribution, possession and transportation of alcoholic beverages shall be lawful * * *, subject to the restrictions hereinafter imposed, in those counties and municipalities of in this state * * * in which, at a local option election called and held for that purpose under the provisions of this chapter, a majority of the qualified electors voting in such election shall vote in favor thereof, except in such counties that vote to institute prohibition after holding an election on the matter as provided in this chapter.  Except as otherwise provided in Section 67-1-51 for holders of a caterer's permit, the manufacture, sale and distribution of alcoholic beverages shall not be permissible or lawful in counties except in (a) incorporated municipalities located within such counties, (b) qualified resort areas within such counties approved as such by the * * * State Tax Commission department, or (c) clubs within such counties, whether within a municipality or not.  The manufacture, sale, distribution and possession of native wines shall be lawful in any location within any such county except those locations where the manufacture, sale or distribution is prohibited by law other than this section or by regulations of the commission.

     (2)  Notwithstanding the foregoing, within any state park or any state park facility that has been declared a qualified resort area by the commission, and within any qualified resort area as defined under Section 67-1-5(o)(iii), an on-premises retailer's permit may be issued for the qualified resort area, and the permittee may lawfully sell alcoholic beverages for consumption on his licensed premises regardless of whether or not the county or municipality in which the qualified resort area is located has voted * * * in favor of coming out from under the dry law to institute prohibition, and it shall be lawful to receive, store, sell, possess and consume alcoholic beverages on the licensed premises, and to sell, distribute and transport alcoholic beverages to the licensed premises.

     SECTION 3.  Section 67-1-9, Mississippi Code of 1972, is amended as follows:

     67-1-9.  (1)  It shall be unlawful for any person to manufacture, distill, brew, sell, possess, import into this state, export from the state, transport, distribute, warehouse, store, solicit, take order for, bottle, rectify, blend, treat, mix or process any alcoholic beverage except as authorized in this chapter.  However, nothing contained herein shall prevent importers, wineries and distillers of alcoholic beverages from storing such alcoholic beverages in private bonded warehouses located within the State of Mississippi for the ultimate use and benefit of the Department of Revenue as provided in Section 67-1-41.  The department is hereby authorized to promulgate rules and regulations for the establishment of such private bonded warehouses and for the control of alcoholic beverages stored in such warehouses.  Additionally, nothing herein contained shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession, or prevent any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution.  Any drugstore employing a licensed pharmacist may possess and use alcoholic liquors in the combination of prescriptions of duly licensed physicians.  The possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church shall not be prohibited by this chapter.

     (2)  Any person, upon conviction of any provision of this section, shall be punished as follows:

          (a)  By a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than one (1) week nor more than three (3) months, or both, for the first conviction under this section.

          (b)  By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail not less than sixty (60) days, nor more than six (6) months, or both fine and imprisonment, for the second conviction for violating this section.

          (c)  By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the State Penitentiary not less than one (1) year, nor more than five (5) years, or both fine and imprisonment, for conviction the third time under this section for the violation thereof after having been twice convicted of its violation.

     (3)  Nothing in this * * * section chapter shall make it unlawful to transport bottles or containers of alcoholic beverages that are legally purchased in this state if the bottles or containers are unopened and are being transported on state or federal highway.

     SECTION 4.  Section 67-1-11, Mississippi Code of 1972, is amended as follows:

     67-1-11.  (1)  Notwithstanding any provision of this chapter, * * *the legalizing provisions of this chapter, except as authorized under Section 67‑9‑1 and Section 67‑1‑7(2), shall not be effective, applicable or operative in any county unless and until a local option election shall be prohibition may be instituted in a county by an election called and held in * * * such the county * * * in the manner and with the results hereinafter provided as provided in this section.

     (2)  Upon presentation and filing of a * * * proper petition requesting * * * same that prohibition be instituted in the county signed by at least twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the qualified electors of the county, it shall be the duty of the board of supervisors to call an election at which there shall be submitted to the qualified electors of the county the question of whether or not the sale, distribution and possession of alcoholic liquors shall be * * * permitted prohibited in * * * such the county * * * as provided in this chapter. * * *  Such  The election shall be held and conducted by the county election commissioners on a date fixed by the order of the board of supervisors, which date shall not be more than sixty (60) days from the date of the filing of * * * said the petition.  Notice * * * thereof of the election shall be given by publishing * * * such notice once each week for at least three (3) consecutive weeks in some newspaper published in * * * said the county or, if no newspaper * * * be is published * * * therein in the county, by * * *such publication in a newspaper in an adjoining county and having a general circulation in the county * * * involved.  The election shall be held not earlier than fifteen (15) days from the first publication of * * * such the notice.

     (3) * * *  Said  The election shall be held and conducted as far as may be possible in the same manner as is provided by law for the holding of general elections.  The ballots used * * * thereat at the election shall contain a brief statement of the proposition submitted and, on separate lines, the words "I vote * * * FOR coming out from under the dry law in to continue to allow the manufacture, sale, distribution and possession of alcoholic beverages in ________ County ( )" "I vote * * * AGAINST coming out from under the dry law to prohibit the manufacture, sale, distribution and possession of alcoholic beverages in ________ County ( )" with appropriate boxes in which the voters may express their choice.  All qualified electors may vote by marking the ballot with a cross (x) or check (√) mark opposite the words of their choice.

     (4)  The election commissioners shall canvass and determine the results of * * * said the election, and shall certify * * * same the results to the board of supervisors which shall adopt and spread upon its minutes an order declaring * * * such the results.  If, * * *in such at the election, a majority of the qualified electors participating * * * therein shall in the election vote in * * * favor of the proposition against prohibiting the manufacture, sale, distribution and possession of alcoholic beverages, * * * this chapter shall become applicable and operative in such county and the manufacture, sale, distribution and possession of alcoholic beverages therein shall * * * be remain lawful * * * to the extent and in the manner permitted hereby in the county.  If, on the other hand, a majority of the qualified electors participating in the election * * * shall vote * * * against the proposition in favor of prohibiting the manufacture, sale, distribution and possession of alcoholic beverages, * * * this chapter, except for Section 67‑9‑1 and 67‑1‑7(2), shall not become effective and operative in such county and, except as otherwise provided under Section 67‑9‑1 and 67‑1‑7(2), all laws prohibiting and regulating the manufacture, sale, distribution and possession of intoxicating liquor shall * * * remain be in full force and effect * * * and be administered and vigorously prosecuted therein in the county.  In either case, no further election shall be held in * * * said the county under the provisions of this chapter for a period of two (2) years from the date of the prior election and then only upon the filing of a petition requesting * * * same the election signed by at least twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the qualified electors of the county * * * as is otherwise provided herein.

     SECTION 5.  Section 67-1-13, Mississippi Code of 1972, is amended as follows:

     67-1-13.  (1)  When * * * this chapter has been made effective and operative prohibition has been instituted in any county as a result of an election called and held as provided in Section 67-1-11, the * * * same may be made ineffective and inapplicable therein manufacture, sale, distribution, possession and transportation of alcoholic beverages in the county may be allowed by an election called and held upon a petition filed with the board of supervisors requesting * * * same the election signed by at least twenty percent (20%) or fifteen hundred (1500), whichever number is the lesser, of the qualified electors of the county as is otherwise provided in Section 67-1-11, all of the provisions of which shall be fully applicable * * * thereto.  However, nothing * * * herein in this section shall authorize or permit the calling and holding of any election under this chapter in any county more often than once every two (2) years.  If in * * * such the election, a majority of the qualified electors participating * * * therein shall vote * * * against the legalized sale of intoxicating liquor in favor of allowing the manufacture, sale, distribution, possession and transportation of alcoholic beverages in the county, then the * * * prohibition laws of the State of Mississippi, except as otherwise provided under Sections 67‑9‑1 and 67‑1‑7(2), shall become applicable manufacture, sale, distribution, possession and transportation of alcoholic beverages in the county shall be allowed in * * * said the county.

     (2)  Notwithstanding an election * * * reinstating the instituting prohibition * * * laws in a * * * political subdivision county, the holder of a native wine producer's permit or a native wine retailer's permit is allowed to continue to operate under * * *such those permits and to renew * * *such those permits. Possession of native wines and personal property related to the activities of the native wine permit holder which would otherwise be unlawful * * * under prohibition in the county shall be allowed subject to regulations of the Alcoholic Beverage Control Division.

     SECTION 6.  Section 67-1-14, Mississippi Code of 1972, is amended as follows:

     67-1-14.  (1) * * *  The legalizing provisions of this chapter may be effective, applicable and operative in any  A municipality located in a county which has voted * * * against coming out from under the dry law if a local option to institute prohibition under Section 67-1-11 may allow the manufacture, sale, distribution, possession and transportation of alcoholic beverages in the municipality by an election * * * shall be called and held in * * * such the municipality in the manner and with the results hereinafter provided.

     (2)  (a)  Any municipality in this state having a population of not less than five thousand (5,000) according to the latest federal census and which is located in a county which has voted * * * against coming out from under the dry law to institute prohibition, or any municipality that is a county seat and which is located in a county which has voted * * * against coming out from under the dry law to institute prohibition, may, at an election held for the purpose under the election laws applicable to * * * such the municipality, either allow or prohibit * * * or permit the manufacture, sale, distribution, possession and transportation of alcoholic beverages in the municipality, except as otherwise provided under Section 67-9-1 * * *, the sale, and the receipt, storage and transportation for the purpose of sale, of alcoholic beverages.  An election to determine whether * * * such sale and possession shall be permitted the manufacture, sale, distribution, possession and transportation of alcoholic beverages shall be allowed in * * * municipalities wherein its sale and possession is prohibited by law a municipality located in a county that has voted to institute prohibition shall be ordered by the municipal governing authorities upon the presentation of a petition to * * * such the governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of * * * such the municipality asking for such election.  In like manner, an election to determine whether such sale and possession shall be prohibited in municipalities wherein its sale is permitted by law shall be ordered by the municipal governing authorities upon the presentation of a petition to * * * such the governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of * * * such the municipality asking for * * * such the election.  No election on either question shall be held by any one (1) municipality more often than once in two (2) years.

     Thirty (30) days' notice shall be given to the qualified electors of such municipality, in the manner prescribed by law, upon the question of either * * * permitting allowing or prohibiting * * * such sale and possession, such the manufacture, sale, distribution, possession and transportation of alcoholic beverages in the municipality.  The notice * * * to shall contain a statement of the question to be voted on at the election.  The ballots to be used in the election shall have the following words printed thereon:  "For the legal sale of alcoholic liquors" and the words "Against the legal sale of alcoholic liquors" next below.  In marking his ballot the voter shall make a cross (X) opposite the words of his choice.

     If in the election a majority of the qualified electors voting in the election shall vote "for the legal sale of alcoholic liquors," then the municipal governing authorities shall pass the necessary order permitting the legal sale of such alcoholic beverages in such municipality.  If in the election a majority of the qualified electors voting in the election shall vote "against the legal sale of alcoholic liquors," then the municipal governing authorities shall pass the necessary order prohibiting the sale of alcoholic beverages in such municipality.

          (b)  The provisions of this subsection shall also apply to any municipality having a population of not less than six thousand (6,000) according to the latest federal census, a portion of which is located in a county which has voted against coming out from under the dry law and a portion of which is located in a county which has voted in favor of coming out from under the dry law.  For the purpose of determining whether or not such a municipality meets the threshold population of six thousand (6,000) which will qualify the municipality to hold an election under this subsection, the entire population of the municipality shall be considered; however, the petition to hold the election authorized in this subsection shall be ordered by the municipal governing authorities upon the presentation of a petition to such governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of such municipality who reside in that portion of the municipality located in a county which has voted against coming out from under the dry law and the election shall be held only in that portion of the municipality. In all other respects, the authority for the holding of elections and the manner in which such elections shall be conducted shall be as prescribed in paragraph (a) of this subsection; and, after proper certification of election results, the municipal governing

authorities shall pass the appropriate order to permit or prohibit the legal sale of alcoholic beverages in that portion of the municipality located in a county which has voted against coming out from under the dry law.

 * * * (3)  The governing authorities of a municipality that has voted to come out from under the dry * * *laws law after August 23, 2012, may, by ordinance, provide that alcoholic beverages may be sold in the municipality only by the holder of an on‑premises retailer's permit.

     SECTION 7.  Section 67-1-15, Mississippi Code of 1972, is amended as follows:

     67-1-15.  In any county having two (2) judicial districts, each such judicial district shall be construed to be a political subdivision or subdivision of government on the same basis as a county, and as such, a judicial district will be entitled to all of the rights, privileges, and immunities as a county for the purposes of * * * authorizing the sale of intoxicating liquor therein instituting prohibition under the provisions of this chapter.

     SECTION 8.  Section 67-1-51, Mississippi Code of 1972, is amended as follows:

     67-1-51.  (1)  Permits which may be issued by the department shall be as follows:

          (a)  Manufacturer's permit.  A manufacturer's permit shall permit the manufacture, importation in bulk, bottling and storage of alcoholic liquor and its distribution and sale to manufacturers holding permits under this chapter in this state and to persons outside the state who are authorized by law to purchase the same, and to sell exclusively to the department.

     Manufacturer's permits shall be of the following classes:

     Class 1.  Distiller's and/or rectifier's permit, which shall authorize the holder thereof to operate a distillery for the production of distilled spirits by distillation or redistillation and/or to operate a rectifying plant for the purifying, refining, mixing, blending, flavoring or reducing in proof of distilled spirits and alcohol.

     Class 2.  Wine manufacturer's permit, which shall authorize the holder thereof to manufacture, import in bulk, bottle and store wine or vinous liquor.

     Class 3.  Native wine producer's permit, which shall authorize the holder thereof to produce, bottle, store and sell native wines.

          (b)  Package retailer's permit.  Except as otherwise provided in this paragraph and Section 67-1-52, a package retailer's permit shall authorize the holder thereof to operate a store exclusively for the sale at retail in original sealed and unopened packages of alcoholic beverages, including native wines, not to be consumed on the premises where sold.  Alcoholic beverages shall not be sold by any retailer in any package or container containing less than fifty (50) milliliters by liquid measure.  A package retailer's permit, with prior approval from the department, shall authorize the holder thereof to sample new product furnished by a manufacturer's representative or his employees at the permitted place of business so long as the sampling otherwise complies with this chapter and applicable department regulations.  Such samples may not be provided to customers at the permitted place of business.  In addition to the sale at retail of packages of alcoholic beverages, the holder of a package retailer's permit is authorized to sell at retail corkscrews, wine glasses, soft drinks, ice, juices, mixers and other beverages commonly used to mix with alcoholic beverages.  Nonalcoholic beverages sold by the holder of a package retailer's permit shall not be consumed on the premises where sold.

          (c)  On-premises retailer's permit.  Except as otherwise provided in subsection (5) of this section, an on-premises retailer's permit shall authorize the sale of alcoholic beverages, including native wines, for consumption on the licensed premises only; however, a patron of the permit holder may remove one (1) bottle of wine from the licensed premises if:  (i) the patron consumed a portion of the bottle of wine in the course of consuming a meal purchased on the licensed premises; (ii) the permit holder securely reseals the bottle; (iii) the bottle is placed in a bag that is secured in a manner so that it will be visibly apparent if the bag is opened; and (iv) a dated receipt for the wine and the meal is available.  Such a permit shall be issued only to qualified hotels, restaurants and clubs, and to common carriers with adequate facilities for serving passengers.  In resort areas, whether inside or outside of a municipality, the department, in its discretion, may issue on-premises retailer's permits to such establishments as it deems proper.  An on-premises retailer's permit when issued to a common carrier shall authorize the sale and serving of alcoholic beverages aboard any licensed vehicle while moving through any county of the state; however, the sale of such alcoholic beverages shall not be permitted while such vehicle is stopped in a county that has * * * not legalized such sales instituted prohibition.  If an on-premises retailer's permit is applied for by a common carrier operating solely in the water, such common carrier must, along with all other qualifications for a permit, (i) be certified to carry at least one hundred fifty (150) passengers and/or provide overnight accommodations for at least fifty (50) passengers and (ii) operate primarily in the waters within the State of Mississippi which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi and/or on the Mississippi River or navigable waters within any county bordering on the Mississippi River.

          (d)  Solicitor's permit.  A solicitor's permit shall authorize the holder thereof to act as salesman for a manufacturer or wholesaler holding a proper permit, to solicit on behalf of his employer orders for alcoholic beverages, and to otherwise promote his employer's products in a legitimate manner.  Such a permit shall authorize the representation of and employment by one (1) principal only.  However, the permittee may also, in the discretion of the department, be issued additional permits to represent other principals.  No such permittee shall buy or sell alcoholic beverages for his own account, and no such beverage shall be brought into this state in pursuance of the exercise of such permit otherwise than through a permit issued to a wholesaler or manufacturer in the state.

          (e)  Native wine retailer's permit.  Except as otherwise provided in subsection (5) of this section, a native wine retailer's permit shall be issued only to a holder of a Class 3 manufacturer's permit, and shall authorize the holder thereof to make retail sales of native wines to consumers for on-premises consumption or to consumers in originally sealed and unopened containers at an establishment located on the premises of or in the immediate vicinity of a native winery.

          (f)  Temporary retailer's permit.  Except as otherwise provided in subsection (5) of this section, a temporary retailer's permit shall permit the purchase and resale of alcoholic beverages, including native wines, during legal hours on the premises described in the temporary permit only.

     Temporary retailer's permits shall be of the following classes:

     Class 1.  A temporary one-day permit may be issued to bona fide nonprofit civic or charitable organizations authorizing the sale of alcoholic beverages, including native wine, for consumption on the premises described in the temporary permit only.  Class 1 permits may be issued only to applicants demonstrating to the department, by a statement signed under penalty of perjury submitted ten (10) days prior to the proposed date or such other time as the department may determine, that they meet the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59.  Class 1 permittees shall obtain all alcoholic beverages from package retailers located in the county in which the temporary permit is issued.  Alcoholic beverages remaining in stock upon expiration of the temporary permit may be returned by the permittee to the package retailer for a refund of the purchase price upon consent of the package retailer or may be kept by the permittee exclusively for personal use and consumption, subject to all laws pertaining to the illegal sale and possession of alcoholic beverages.  The department, following review of the statement provided by the applicant and the requirements of the applicable statutes and regulations, may issue the permit.

     Class 2.  A temporary permit, not to exceed seventy (70) days, may be issued to prospective permittees seeking to transfer a permit authorized in paragraph (c) of this subsection.  A Class 2 permit may be issued only to applicants demonstrating to the department, by a statement signed under the penalty of perjury, that they meet the qualifications of Sections 67-1-5(l), (m), (n), (o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 67-1-59.  The department, following a preliminary review of the statement provided by the applicant and the requirements of the applicable statutes and regulations, may issue the permit.

     Class 2 temporary permittees must purchase their alcoholic beverages directly from the department or, with approval of the department, purchase the remaining stock of the previous permittee.  If the proposed applicant of a Class 1 or Class 2 temporary permit falsifies information contained in the application or statement, the applicant shall never again be eligible for a retail alcohol beverage permit and shall be subject to prosecution for perjury.

     Class 3.  A temporary one-day permit may be issued to a retail establishment authorizing the complimentary distribution of wine, including native wine, to patrons of the retail establishment at an open house or promotional event, for consumption only on the premises described in the temporary permit.  A Class 3 permit may be issued only to an applicant demonstrating to the department, by a statement signed under penalty of perjury submitted ten (10) days before the proposed date or such other time as the department may determine, that it meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59.  A Class 3 permit holder shall obtain all alcoholic beverages from the holder(s) of a package retailer's permit located in the county in which the temporary permit is issued.  Wine remaining in stock upon expiration of the temporary permit may be returned by the Class 3 temporary permit holder to the package retailer for a refund of the purchase price, with consent of the package retailer, or may be kept by the Class 3 temporary permit holder exclusively for personal use and consumption, subject to all laws pertaining to the illegal sale and possession of alcoholic beverages.  The department, following review of the statement provided by the applicant and the requirements of the applicable statutes and regulations, may issue the permit.  No retailer may receive more than twelve (12) Class 3 temporary permits in a calendar year.  A Class 3 temporary permit shall not be issued to a retail establishment that either holds a merchant permit issued under paragraph (l) of this subsection, or holds a permit issued under Chapter 3, Title 67, Mississippi Code of 1972, authorizing the holder to engage in the business of a retailer of light wine or beer.

          (g)  Caterer's permit.  A caterer's permit shall permit the purchase of alcoholic beverages by a person engaging in business as a caterer and the resale of alcoholic beverages by such person in conjunction with such catering business.  No person shall qualify as a caterer unless forty percent (40%) or more of the revenue derived from such catering business shall be from the serving of prepared food and not from the sale of alcoholic beverages and unless such person has obtained a permit for such business from the Department of Health.  A caterer's permit shall not authorize the sale of alcoholic beverages on the premises of the person engaging in business as a caterer; however, the holder of an on-premises retailer's permit may hold a caterer's permit.  When the holder of an on-premises retailer's permit or an affiliated entity of the holder also holds a caterer's permit, the caterer's permit shall not authorize the service of alcoholic beverages on a consistent, recurring basis at a separate, fixed location owned or operated by the caterer, on-premises retailer or affiliated entity and an on-premises retailer's permit shall be required for the separate location.  All sales of alcoholic beverages by holders of a caterer's permit shall be made at the location being catered by the caterer, and, except as otherwise provided in subsection (5) of this section, such sales may be made only for consumption at the catered location.  The location being catered may be anywhere within a county or judicial district that has * * * voted to come out from under the dry laws or in which the sale, distribution and possession of alcoholic beverages is otherwise authorized by law not instituted prohibition. * * *  Such  The sales shall be made pursuant to any other conditions and restrictions which apply to sales made by on-premises retail permittees.  The holder of a caterer's permit or his employees shall remain at the catered location as long as alcoholic beverages are being sold pursuant to the permit issued under this paragraph (g), and the permittee shall have at the location the identification card issued by the Alcoholic Beverage Control Division of the department.  No unsold alcoholic beverages may be left at the catered location by the permittee upon the conclusion of his business at that location.  Appropriate law enforcement officers and Alcoholic Beverage Control Division personnel may enter a catered location on private property in order to enforce laws governing the sale or serving of alcoholic beverages.

          (h)  Research permit.  A research permit shall authorize the holder thereof to operate a research facility for the professional research of alcoholic beverages.  Such permit shall authorize the holder of the permit to import and purchase limited amounts of alcoholic beverages from the department or from importers, wineries and distillers of alcoholic beverages for professional research.

          (i)  Alcohol processing permit.  An alcohol processing permit shall authorize the holder thereof to purchase, transport and possess alcoholic beverages for the exclusive use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient.  An alcohol processing permit shall not authorize the sale of alcoholic beverages on the premises of the person engaging in the business of cooking, processing or manufacturing products which contain alcoholic beverages.  The amounts of alcoholic beverages allowed under an alcohol processing permit shall be set by the department.

          (j)  Hospitality cart permit.  A hospitality cart permit shall authorize the sale of alcoholic beverages from a mobile cart on a golf course that is the holder of an on-premises retailer's permit.  The alcoholic beverages sold from the cart must be consumed within the boundaries of the golf course.

          (k)  Special service permit.  A special service permit shall authorize the holder to sell commercially sealed alcoholic beverages to the operator of a commercial or private aircraft for en route consumption only by passengers.  A special service permit shall be issued only to a fixed-base operator who contracts with an airport facility to provide fueling and other associated services to commercial and private aircraft.

          (l)  Merchant permit.  Except as otherwise provided in subsection (5) of this section, a merchant permit shall be issued only to the owner of a spa facility, an art studio or gallery, or a cooking school, and shall authorize the holder to serve complimentary by the glass wine only, including native wine, at the holder's spa facility, art studio or gallery, or cooking school.  A merchant permit holder shall obtain all wine from the holder of a package retailer's permit.

          (m)  Temporary alcoholic beverages charitable auction permit.  A temporary permit, not to exceed five (5) days, may be issued to a qualifying charitable nonprofit organization that is exempt from taxation under Section 501(c)(3) or (4) of the Internal Revenue Code of 1986.  The permit shall authorize the holder to sell alcoholic beverages for the limited purpose of raising funds for the organization during a live or silent auction that is conducted by the organization and that meets the following requirements:  (i) the auction is conducted in an area of the state where * * * the sale of alcoholic beverages is authorized prohibition has not been instituted; (ii) if the auction is conducted on the premises of an on-premises retailer's permit holder, then the alcoholic beverages to be auctioned must be stored separately from the alcoholic beverages sold, stored or served on the premises, must be removed from the premises immediately following the auction, and may not be consumed on the premises; (iii) the permit holder may not conduct more than two (2) auctions during a calendar year; (iv) the permit holder may not pay a commission or promotional fee to any person to arrange or conduct the auction.

          (n)  Event venue retailer's permit.  An event venue retailer's permit shall authorize the holder thereof to purchase and resell alcoholic beverages, including native wines, for consumption on the premises during legal hours during events held on the licensed premises if food is being served at the event by a caterer who is not affiliated with or related to the permittee.  The caterer must serve at least three (3) entrees.  The permit may only be issued for venues that can accommodate two hundred (200) persons or more.  The number of persons a venue may accommodate shall be determined by the local fire department and such determination shall be provided in writing and submitted along with all other documents required to be provided for an on-premises retailer's permit.  The permittee must derive the majority of its revenue from event-related fees, including, but not limited to, admission fees or ticket sales for live entertainment in the building.  "Event-related fees" do not include alcohol, beer or light wine sales or any fee which may be construed to cover the cost of alcohol, beer or light wine.  This determination shall be made on a per event basis.  An event may not last longer than two (2) consecutive days per week.

          (o)  Temporary theatre permit.  A temporary theatre permit, not to exceed five (5) days, may be issued to a charitable nonprofit organization that is exempt from taxation under Section 501(c)(3) or (4) of the Internal Revenue Code and owns or operates a theatre facility that features plays and other theatrical performances and productions.  Except as otherwise provided in subsection (5) of this section, the permit shall authorize the holder to sell alcoholic beverages, including native wines, to patrons of the theatre during performances and productions at the theatre facility for consumption during such performances and productions on the premises of the facility described in the permit.  A temporary theatre permit holder shall obtain all alcoholic beverages from package retailers located in the county in which the permit is issued.  Alcoholic beverages remaining in stock upon expiration of the temporary theatre permit may be returned by the permittee to the package retailer for a refund of the purchase price upon consent of the package retailer or may be kept by the permittee exclusively for personal use and consumption, subject to all laws pertaining to the illegal sale and possession of alcoholic beverages.

          (p)  Charter ship operator's permit.  Subject to the provisions of this paragraph (p), a charter ship operator's permit shall authorize the holder thereof and its employees to serve, monitor, store and otherwise control the serving and availability of alcoholic beverages to customers of the permit holder during private charters under contract provided by the permit holder.  A charter ship operator's permit shall authorize such action by the permit holder and its employees only as to alcoholic beverages brought onto the permit holder's ship by customers of the permit holder as part of such a private charter.  All such alcoholic beverages must be removed from the charter ship at the conclusion of each private charter.  A charter ship operator's permit shall not authorize the permit holder to sell, charge for or otherwise supply alcoholic beverages to customers, except as authorized in this paragraph (p).  For the purposes of this paragraph (p), "charter ship operator" means a common carrier that (i) is certified to carry at least one hundred fifty (150) passengers and/or provide overnight accommodations for at least fifty (50) passengers, (ii) operates only in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, and (iii) provides charters under contract for tours and trips in such waters.

          (q)  Distillery retailer's permit.  The holder of a Class 1 manufacturer's permit may obtain a distillery retailer's permit.  A distillery retailer's permit shall authorize the holder thereof to sell at retail alcoholic beverages by the sealed and unopened bottle from a retail location at the distillery for off-premises consumption.  The holder may only sell product manufactured by the manufacturer at the distillery described in the permit.  The holder shall not sell at retail more than ten percent (10%) of the alcoholic beverages produced annually at its distillery.  The holder shall not make retail sales of more than two and twenty-five one-hundredths (2.25) liters, in the aggregate, of the alcoholic beverages produced at its distillery to any one (1) individual for consumption off the premises of the distillery within a twenty-four-hour period.  The hours of sale shall be the same as those hours for package retailers under this chapter.  The holder of a distillery retailer's permit is not required to purchase the alcoholic beverages authorized to be sold by this paragraph from the department's liquor distribution warehouse; however, if the holder does not purchase the alcoholic beverages from the department's liquor distribution warehouse, the holder shall pay to the department all taxes, fees and surcharges on the alcoholic beverages that are imposed upon the sale of alcoholic beverages shipped by the Alcoholic Beverage Control Division of the Department of Revenue.  In addition to alcoholic beverages, the holder of a distillery retailer's permit may sell at retail promotional products from the same retail location, including shirts, hats, glasses, and other promotional products customarily sold by alcoholic beverage manufacturers.

     (2)  Except as otherwise provided in subsection (4) of this section, retail permittees may hold more than one (1) retail permit, at the discretion of the department.

     (3)  Except as otherwise provided in this subsection, no authority shall be granted to any person to manufacture, sell or store for sale any intoxicating liquor as specified in this chapter within four hundred (400) feet of any church, school, kindergarten or funeral home.  However, within an area zoned commercial or business, such minimum distance shall be not less than one hundred (100) feet.

     A church or funeral home may waive the distance restrictions imposed in this subsection in favor of allowing issuance by the department of a permit, pursuant to subsection (1) of this section, to authorize activity relating to the manufacturing, sale or storage of alcoholic beverages which would otherwise be prohibited under the minimum distance criterion.  Such waiver shall be in written form from the owner, the governing body, or the appropriate officer of the church or funeral home having the authority to execute such a waiver, and the waiver shall be filed with and verified by the department before becoming effective.

     The distance restrictions imposed in this subsection shall not apply to the sale or storage of alcoholic beverages at a bed and breakfast inn listed in the National Register of Historic Places or to the sale or storage of alcoholic beverages in a historic district that is listed in the National Register of Historic Places, is a qualified resort area and is located in a municipality having a population greater than one hundred thousand (100,000) according to the latest federal decennial census.

     (4)  No person, either individually or as a member of a firm, partnership, limited liability company or association, or as a stockholder, officer or director in a corporation, shall own or control any interest in more than one (1) package retailer's permit, nor shall such person's spouse, if living in the same household of such person, any relative of such person, if living in the same household of such person, or any other person living in the same household with such person own any interest in any other package retailer's permit.

     (5)  (a)  In addition to any other authority granted under this section, the holder of a permit issued under subsection (1)(c), (e), (f), (g), (l), (n) and/or (o) of this section may sell or otherwise provide alcoholic beverages and/or wine to a patron of the permit holder in the manner authorized in the permit and the patron may remove an open glass, cup or other container of the alcoholic beverage and/or wine from the licensed premises and may possess and consume the alcoholic beverage or wine outside of the licensed premises if:  (i) the licensed premises is located within a leisure and recreation district created under Section 67-1-101 and (ii) the patron remains within the boundaries of the leisure and recreation district while in possession of the alcoholic beverage or wine.

          (b)  Nothing in this subsection shall be construed to allow a person to bring any alcoholic beverages into a permitted premises except to the extent otherwise authorized by this chapter.

     SECTION 9.  Section 67-1-57, Mississippi Code of 1972, is amended as follows:

     67-1-57.  Before a permit is issued the department shall satisfy itself:

          (a)  That the applicant, if an individual, or if a partnership, each of the members of the partnership, or if a corporation, each of its principal officers and directors, or if a limited liability company, each member of the limited liability company, is of good moral character and, in addition, enjoys a reputation of being a peaceable, law-abiding citizen of the community in which he resides, and is generally fit for the trust to be reposed in him, is not less than twenty-one (21) years of age, and has not been convicted of a felony in any state or federal court.

          (b)  That, except in the case of an application for a solicitor's permit, the applicant is the true and actual owner of the business for which the permit is desired, and that he intends to carry on the business authorized for himself and not as the agent of any other person, and that he intends to superintend in person the management of the business or that he will designate a manager to manage the business for him.  All managers must be approved by the department prior to completing any managerial tasks on behalf of the permittee and must possess all of the qualifications required of a permittee; however, a felony conviction, other than a crime of violence, does not automatically disqualify a person from being approved as a manager if the person was released from incarceration at least three (3) years prior to application for approval as a manager.  A felony conviction, other than a crime of violence, may be considered by the department in determining whether all other qualifications are met.

          (c)  That the applicant for a package retailer's permit, if an individual, is a resident of the State of Mississippi.  If the applicant is a partnership, each member of the partnership must be a resident of the state.  If the applicant is a limited liability company, each member of the limited liability company must be a resident of the state.  If the applicant is a corporation, the designated manager of the corporation must be a resident of the state.

          (d)  That the place for which the permit is to be issued is an appropriate one considering the character of the premises and the surrounding neighborhood.

          (e)  That the place for which the permit is to be issued is within the corporate limits of an incorporated municipality or qualified resort area or club which comes within the provisions of this chapter.

          (f)  That the applicant is not indebted to the state for any taxes, fees or payment of penalties imposed by any law of the State of Mississippi or by any rule or regulation of the * * * commission department.

          (g)  That the applicant is not in the habit of using alcoholic beverages to excess and is not physically or mentally incapacitated, and that the applicant has the ability to read and write the English language.

          (h)  That the * * * commission department does not believe and has no reason to believe that the applicant will sell or knowingly permit any agent, servant or employee to unlawfully sell liquor in * * *a dry an area in which prohibition is instituted or in any other manner contrary to law.

          (i)  That the applicant is not residentially domiciled with any person whose permit or license has been cancelled for cause within the twelve (12) months next preceding the date of the present application for a permit.

          (j)  That the * * * commission department has not, in the exercise of its discretion which is reserved and preserved to it, refused to grant permits under the restrictions of this section, as well as under any other pertinent provision of this chapter.

          (k)  That there are not sufficient legal reasons to deny a permit on the ground that the premises for which the permit is sought has previously been operated, used or frequented for any purpose or in any manner that is lewd, immoral or offensive to public decency.  In the granting or withholding of any permit to sell alcoholic beverages at retail, the * * * commission department in forming its conclusions may give consideration to any recommendations made in writing by the district or county attorney or county, circuit or chancery judge of the county, or the sheriff of the county, or the mayor or chief of police of an incorporated city or town wherein the applicant proposes to conduct his business and to any recommendations made by representatives of the * * * commission department.

          (l)  That the applicant and the applicant's key employees, as determined by the * * * commission department, do not have a disqualifying criminal record.  In order to obtain a criminal record history check, the applicant shall submit to the * * * commission department a set of fingerprints from any local law enforcement agency for each person for whom the records check is required.  The * * * commission department shall forward the fingerprints to the Mississippi Department of Public Safety.  If no disqualifying record is identified at the state level, the Department of Public Safety shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check.  Costs for processing the set or sets of fingerprints shall be borne by the applicant.  The * * * commission department shall not deny employment to an employee of the applicant prior to the identification of a disqualifying record or other disqualifying information.

     SECTION 10.  Section 67-1-85, Mississippi Code of 1972, is amended as follows:

     67-1-85.  (1)  The holder of a package retailer's permit may have signs, lighted or otherwise, on the outside of the premises covered by his permit which advertise, announce or advise of the sale of alcoholic beverages in or on said premises.  Wherever the sign is located on the premises, the name of the business shall also include the permit number thereof, preceded by the words "A.B.C. Permit No."

     (2)  It shall be lawful to advertise alcoholic beverages by means of signs, billboards or displays on or along any road, highway, street or building.

     (3)  It shall be lawful for publishers, broadcasters and other kinds, types or forms of public and private advertising media to advertise alcoholic beverages; however, no alcoholic beverages may be advertised during, or within five (5) minutes preceding or following, any television broadcast which consists primarily of animated material intended for viewing by young children.

     (4)  Notwithstanding the provisions of this section to the contrary, it shall be unlawful to advertise alcoholic beverages by means of signs, billboards or displays in * * * any municipality, county or judicial district which has not voted pursuant to the provisions of this chapter to legalize the sale of alcoholic beverages areas in which prohibition is instituted.

     SECTION 11.  Section 67-1-91, Mississippi Code of 1972, is amended as follows:

     67-1-91.  (1)  It is hereby made the duty of every police and peace officer and every district and county attorney and the Alcoholic Beverage Control Division of the * * * State Tax Commission Department of Revenue to enforce the provisions of this chapter and to inform against and diligently prosecute persons whom they have reasonable cause to believe to be offenders against the provisions * * * thereof of this chapter.  Every * * * such officer refusing or neglecting to do so shall be guilty of a misdemeanor, and the court, in addition to imposing the penalty therefor, shall adjudge forfeiture of his office.

     (2)  In any county or municipality where it is readily apparent that local law enforcement authorities in cooperation with the agents and inspectors provided by the * * * commission department cannot control the illegal sale of alcoholic beverages, the * * * commission department shall request such assistance as it may deem necessary from the Mississippi Highway Safety Patrol; and it shall be the duty of the Governor of the State of Mississippi to see that the laws of the state are properly enforced by use of the additional authority as herein provided.

     (3)  The officers, agents and representatives of the * * * State Tax Commission Department of Revenue and the Alcoholic Beverage Control Division thereof are authorized and directed to strictly enforce the * * * prohibition laws provisions of this chapter throughout the state * * *, except in those counties and municipalities which have voted for the legalized sale of intoxicating liquor.  The State Highway Patrol, sheriffs, police departments, constables, and all peace officers, and prosecuting attorneys, the Attorney General's office, district attorneys, county attorneys, city attorneys, and all others charged with upholding the law, as well as the citizenry of this state, are hereby urged and directed to uphold the dignity of the law, to foster public respect therefor and to strictly enforce * * * the laws against intoxicating liquor this chapter in all cases while operating a motor vehicle on the streets and highways of this state, and to enforce the law and prosecute against the wrongful use of intoxicating liquor in any county * * * or municipality by a permit holder or licensee or anyone else under such circumstances and conditions as would lead to a breakdown in public law or is violative of the public sense of common decency, as well as to enforce the law against gambling, organized crime, or social vice and corruption.

     SECTION 12.  Section 67-9-1, Mississippi Code of 1972, is amended as follows:

     67-9-1.  Notwithstanding the provisions of any section of Title 27 or 67, Mississippi Code of 1972, it shall be lawful for any person holding an alcohol processing permit to transport and possess alcoholic beverages, light wine and beer, in any part of the state, for his or her use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient, in amounts as limited by the Alcoholic Beverage Control Division of the * * * State Tax Commission Department of Revenue.  The authority to transport and possess alcoholic beverages, light wine and beer under this section exists regardless of whether (a) the county * * * or municipality in which the transportation or possession takes place has voted * * * for or against coming out from under the dry law to institute prohibition, or (b) the transportation, storage, sale, distribution, receipt or manufacture of light wine and beer otherwise is prohibited.

     The provisions of this section shall not be construed as amending, repealing or otherwise affecting any statute or any lawfully adopted ordinance, rule or regulation that prohibits or restricts the location at which, or the premises upon which, alcoholic beverages, light wine or beer may be sold or consumed.

     SECTION 13.  Section 27-71-15, Mississippi Code of 1972, is amended as follows:

     27-71-15.  Except as otherwise provided in Section 67-9-1 for the transportation of limited amounts of alcoholic beverages for the use of an alcohol processing permittee, if transportation requires passage through a county which has * * * not authorized the sale of alcoholic beverages instituted prohibition, * * * such transportation shall be by a sealed vehicle. * * *  Such  The seal shall remain unbroken until the vehicle * * * shall reach has reached the place of business operated by the permittee.  The operator of any vehicle transporting alcoholic beverages shall have in his possession an invoice issued by the * * * commission department at the time of the wholesale sale covering the merchandise transported by the vehicle.  The * * * commission department is authorized to issue regulations controlling the transportation of alcoholic beverages.

     When the restrictions imposed by this section and by the regulation of the * * * commission department have not been violated, the person transporting alcoholic beverages through a county * * * wherein the sale of alcoholic beverages is prohibited instituted prohibition shall not be guilty of unlawful possession and such merchandise shall be immune from seizure.

     SECTION 14.  Section 97-31-47, Mississippi Code of 1972, is amended as follows:

     97-31-47.  Except as may be otherwise authorized by law, it shall be unlawful for any transportation company, or any agent, employee, or officer of such company, or any other person, or corporation to transport into or deliver in this state in any manner or by any means any spirituous, vinous, malt, or other intoxicating liquors or drinks, or for any such person, company, or corporation to transport any spirituous, malt, vinous, or intoxicating liquors or drinks from one place within this state to another place within the state, or from one (1) point within this state to any point without the state, except in cases where this chapter or Section 67-9-1 authorizes the transportation.

     SECTION 15.  This act shall take effect and be in force from and after July 1, 2019.