MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Ways and Means

By: Representative Scoggin

House Bill 1001

(As Passed the House)

AN ACT TO AMEND SECTION 67-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY MUNICIPALITY MAY, AT AN ELECTION HELD FOR THAT PURPOSE, EITHER PROHIBIT OR PERMIT THE SALE AND THE RECEIPT, STORAGE AND TRANSPORTATION FOR THE PURPOSE OF SALE, OF BEER AND LIGHT WINE; AND FOR RELATED PURPOSES.

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

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

     67-3-9.  Any * * *city municipality in this state, * * *having a population of not less than two thousand five hundred (2,500) according to the latest federal decennial census; or any city in this state having a population of not less than one thousand five hundred (1,500) according to the latest federal decennial census and located within three (3) miles of a city or county that permits the sale, receipt, storage and transportation for the purpose of sale of beer, light spirit product or light wine; or any city or town in this state having a population of not less than one thousand (1,000) according to the latest federal decennial census and located in a county that has no city or town with a population of more than two thousand five hundred (2,500); or any city, town or village that is a county seat and has voted to come out from under the dry law under Section 67‑1‑14; at an election held for the purpose, under the election laws applicable to such * * *city municipality, may either prohibit or permit, except as otherwise provided under Section 67-9-1, the sale and the receipt, storage and transportation for the purpose of sale of beer, light spirit product and light wine.  An election to determine whether such sale shall be permitted in * * *cities municipalities wherein its sale is prohibited by law shall be ordered by the * * *city or town municipal council or mayor and board of aldermen or other governing body of such * * *city or town municipality for such * * *city or town municipality only, upon the presentation of a petition for such * * *city or town municipality to such governing board containing the names of twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified voters of such * * *city or town municipality asking for such election.  In like manner, an election to determine whether such sale shall be prohibited in * * *cities municipalities wherein its sale is permitted by law shall be ordered by the * * *city municipal council or mayor and board of aldermen or other governing board of such * * *city municipality for such * * *city municipality only, upon the presentation of a petition to such governing board containing the names of twenty percent (20%) of the duly qualified voters of such * * *city municipality asking for such election.  No election on either question shall be held by any one (1) city more often than once in five (5) years.

     Thirty (30) days' notice shall be given to the qualified electors of such * * *city or town municipality in the manner prescribed by law upon the question of either permitting or prohibiting such sale, and the notice shall contain a statement of the question to be voted on at the election.  The tickets to be used in the election shall have the following words printed thereon:  "For the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight"; and the words "Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight," next below.  In making up his or her ticket 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 light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight," then the * * *city or town municipal council or mayor and board of aldermen or other governing body shall pass the necessary order permitting the legal sale of such light wine, light spirit product and beer in such * * *city or town municipality.  If in the election a majority of the qualified electors voting in the election shall vote "Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight," then the * * *city municipal council or mayor and board of aldermen or other governing body shall pass the necessary order prohibiting the sale of such light wine, light spirit product and beer in such * * *city municipality.

     All laws or parts of laws in conflict with this section are hereby repealed to the extent of such conflict only, this section being cumulative and supplementary.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.