House Bill 858

AN ACT TO AMEND SECTION 67-1-18, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A PERSON IS CONVICTED OF SELLING OR POSSESSING ALCOHOLIC BEVERAGES, BEER, LIGHT WINE OR RAW MATERIALS IN A MANNER PROHIBITED BY LAW, THE ALCOHOLIC BEVERAGES, BEER, LIGHT WINE OR RAW MATERIAL SEIZED IN CONNECTION WITH SUCH VIOLATION MAY BE DISPOSED OF IN THE MANNER PRESCRIBED BY THE DEPARTMENT OF REVENUE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 67-1-18, Mississippi Code of 1972, is amended as follows:

67-1-18. (1) Any alcoholic beverage, light wine, beer or raw material seized under the authority of this chapter, Chapter 3 of Title 67, or Chapter 31 of Title 97, Mississippi Code of 1972, shall be submitted to the custody of the Mississippi Department of Revenue for disposition.

(2) (a) Except as otherwise provided in this paragraph, the department shall not dispose of any alcoholic beverage, light wine, beer or raw material without first providing reasonable notice to all individuals having an interest in the property and an opportunity for them to appear and establish their right or claim to the property. If no hearing is requested by the passage of the appropriate deadline, the department shall require the alcoholic beverages, light wine, beer or raw materials to be sold for the benefit of the state or destroyed.

(b) The provisions of paragraph (a) of this subsection shall not apply in cases in which the owner or possessor of the alcoholic beverage, light wine, beer or raw material is convicted of * * *~~possession of~~ selling or possessing alcoholic beverages, beer * * *or, light wine or raw materials in a manner or location * * *~~in which such possession is~~ prohibited by law, or convicted of a violation of Section 67-1-81(2) or 67-3-70. In such cases, the alcoholic beverage, light wine, beer or raw materials seized in connection with the violation may be disposed of in the manner prescribed by the department.

(3) (a) If the department orders the property, other than alcoholic beverages, sold, then the property shall be sold to the highest bidder, the bidder being any person, firm or government agency. The offer for sale shall be made to not less than three (3) qualified prospective buyers, by mailing them an invitation to bid, which shall describe the property, terms of sale, method of delivery, manner of bidding and fixing a time of not more than fifteen (15) days from the date of invitation for opening of bids received by the department.

(b) All bids and payment shall be made in the manner as prescribed by the department. Bids, after opening, shall be subject to public inspection.

(4) If the department orders the sale of seized alcoholic beverages, it may place the alcoholic beverages in the state inventory to be sold to authorized retailers in the same manner as other alcoholic beverages in the state inventory are sold.

(5) Any appeal from a seizure and disposal made under this section shall be made pursuant to Section 67-1-72.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.