MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Ways and Means
By: Representatives Lamar, Crawford
AN ACT TO AMEND SECTION 67-1-83, MISSISSIPPI CODE OF 1972, TO MAKE DISCRETIONARY THE PROVISION REQUIRING THE DEPARTMENT OF REVENUE TO IMMEDIATELY REVOKE THE PERMIT OF ANY PERMITTEE WHO VIOLATES THE SECTION'S PROHIBITIONS ON ALCOHOLIC BEVERAGE SALES TO CERTAIN PERSONS OR AT CERTAIN TIMES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-83, Mississippi Code of 1972, is amended as follows:
67-1-83. (1) It shall be
unlawful for any permittee or * * * any employee or agent thereof
to sell or furnish any alcoholic beverage to any person who is visibly
intoxicated, or to any person who is known to habitually drink alcoholic
beverages to excess, or to any person who is known to be an habitual user of
narcotics or other habit-forming drugs. It shall also be unlawful for the
holder of any package retailer's permit to sell any alcoholic beverages except
by delivery in person to the purchaser at the place of business of the
permittee.
(2) It shall be unlawful
for any permittee or * * * any employee or agent thereof to sell or furnish
any alcoholic beverage to any person to whom the * * * department
has, after investigation, decided to prohibit the sale of those beverages because
of an appeal to the * * * department so to do by the
husband, wife, father, mother, brother, sister, child, or employer of the
person. The interdiction in those cases shall last until removed by the * * * department,
but no person shall be held to have violated this subsection unless he has been
informed by the * * * department, by registered
letter, that it is forbidden to sell to that individual or unless that fact is
otherwise known to the permittee or * * *
its employee or agent.
(3) It shall be unlawful for any holder of a package retailer's permit, or any employee or agent thereof, engaged solely in the business of package retail sales under this chapter to sell or furnish any alcoholic beverage before 10:00 a.m. and after 10:00 p.m. or to sell alcoholic beverages on Sunday and Christmas Day.
(4) Any person who violates
any of the provisions of this section shall be guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not more than Five Hundred
Dollars ($500.00) or by imprisonment in the county jail for a term of not more
than six (6) months, or by both that fine and imprisonment, in the
discretion of the court. In addition to any other penalties prescribed by law,
the commission * * *
may immediately revoke the permit of any permittee who violates the
provisions of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.