MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Wildlife, Fisheries and Parks
By: Senator(s) Whaley, Suber, McCaughn, Seymour, Sparks, Boyd, Moran, Younger, Hill, Tate, Branning, Chism
AN ACT TO AMEND SECTION 49-4-3, MISSISSIPPI CODE OF 1972, TO PROVIDE AND REVISE DEFINITIONS RELATING TO THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS AND ITS DIVISION OF PARKS AND RECREATION; TO AMEND SECTION 49-4-6, MISSISSIPPI CODE OF 1972, TO REQUIRE THE EXECUTIVE DIRECTOR OF THE DEPARTMENT TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; TO ESTABLISH THAT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY SERVE A TERM OF FOUR YEARS AND MAY SEEK REAPPOINTMENT SUBJECT TO THE APPROVAL AND APPOINTMENT BY THE GOVERNOR AND THE ADVICE AND CONSENT OF THE SENATE; TO PROVIDE THAT THE SUBMISSION OF THE APPOINTMENT TO THE SENATE TO FILL AN UNEXPIRED TERM OCCURRING DUE TO THE DEATH, REMOVAL OR RESIGNATION OF AN INCUMBENT SHALL NOT BE SUBJECT TO THE TIME CONSTRAINTS PROVIDED FOR APPOINTMENTS TO FULL FOUR-YEAR TERMS; TO CREATE THE DIVISION OF PARKS AND RECREATION WITHIN THE DEPARTMENT; TO PROVIDE THAT THE DIVISION SHALL BE HEADED BY THE EXECUTIVE DIRECTOR OF PARKS AND RECREATION, WHO SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE IN THE SAME MANNER AS THE EXECUTIVE DIRECTOR OF THE DEPARTMENT AND MAY SERVE A TERM OF FOUR YEARS; TO SPECIFY THAT THE DIVISION IS EXCLUSIVELY VESTED WITH THE DEPARTMENT'S POWERS AND DUTIES WITH RESPECT TO STATE PARKS; TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF PARKS AND RECREATION SHALL HAVE AUTHORITY OVER THE DIVISION INDEPENDENT OF THE AUTHORITY OF THE DEPARTMENT'S EXECUTIVE DIRECTOR; TO AMEND SECTION 49-4-11, MISSISSIPPI CODE OF 1972, TO REVISE THE MINIMUM QUALIFICATIONS OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, AND TO PROVIDE THE MINIMUM QUALIFICATIONS OF THE EXECUTIVE DIRECTOR OF PARKS AND RECREATION; TO AMEND SECTION 49-4-13, MISSISSIPPI CODE OF 1972, TO ALLOCATE THE POWERS AND DUTIES OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT AND THE EXECUTIVE DIRECTOR OF PARKS AND RECREATION; TO AMEND SECTIONS 49-4-19, 49-1-1, 49-1-3, 49-1-4, 49-1-19, 49-1-21, 49-1-29, 55-3-2, 55-3-41, 55-3-45, 55-3-47, 55-3-49, 55-3-53 AND 67-1-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE ABOVE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-4-3, Mississippi Code of 1972, is amended as follows:
49-4-3. For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context otherwise requires:
(a) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks.
(b) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.
(c) "Executive director" means the chief officer of the department, who is responsible for all functions of the department except those reserved to the Division of Parks and Recreation.
(d) "Division" means the department's Division of Parks and Recreation.
(e) "Executive Director of Parks and Recreation" means the chief officer of the division.
SECTION 2. Section 49-4-6, Mississippi Code of 1972, is amended as follows:
49-4-6. (1) There is hereby created the Mississippi Department of Wildlife, Fisheries and Parks, whose principal office shall be located in Jackson, Mississippi.
(2) (a) The department
shall be headed by an executive director who shall be appointed by the Governor
with the advice and consent of the Senate. The commission shall submit
to the Governor three (3) qualified nominees for the position of executive
director. The Governor shall appoint the executive director from the list of
qualified nominees submitted * * *. The
executive director may serve a term of four (4) years and shall be eligible for
reappointment at the end of each term. A reappointment by the Governor shall
be subject to the advice and consent of the Senate. No person appointed by the
Governor to serve as executive director shall be eligible to take office unless
his name shall have been submitted to the Senate for its advice and consent at
least thirty (30) days prior to the scheduled adjournment of the regular
session of the Legislature being held in the calendar year in which the term of
the office of the incumbent executive director shall expire; however, if for
any reason an appointment is not given the advice and consent of the Senate prior
to the adjournment of such regular session, the Governor may submit an appointment
to the Senate for its advice and consent at any time during a regular or extraordinary
session of the Legislature.
(b) When a vacancy occurs by the death, removal or resignation of the incumbent, the incumbent's replacement shall be appointed by the Governor, with the advice and consent of the Senate, to serve for the remainder of the unexpired term, but the submission of the appointment to the Senate shall not be subject to the time constraints in paragraph (a) of this subsection. Upon expiration of the remainder of the term, the executive director shall be eligible for reappointment by the Governor, with the advice and consent of the Senate, for a four-year term as provided in paragraph (a) of this subsection.
(c) The executive director may assign those powers and duties as deemed appropriate to carry out the department's lawful functions, except those falling under the responsibility of the division, which may be assigned by the Executive Director of Parks and Recreation. Upon recommendation by the Governor to the commission, the executive director may be removed from office only by both a majority vote of the membership of the commission and the Governor's approval of the removal. To remove the executive director the commission must determine on sound evidence that there is good cause for removal such as willful dereliction in carrying out the duties of executive director, obvious malfeasance in his actions as executive director or conviction of any criminal act. After the determination is made by the commission that the executive director should be removed from office, the commission shall notify the Governor of its determination and the Governor must approve that determination before the executive director is actually removed from office.
(3) The executive director shall appoint heads, who will serve at the pleasure of the executive director. This subsection does not apply to the appointment and service of the Executive Director of Parks and Recreation.
(4) The executive director shall have the authority to organize the department as deemed appropriate to carry out the responsibilities of the department, but the Executive Director of Parks and Recreation shall have independent authority to organize the division. The organizational charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(5) The executive director shall develop and implement a merit promotion system for all sworn law enforcement officers. Promotion to higher rank shall be based on an individual's merit and length of service. The executive director shall implement the merit promotion system before July 1, 1995.
(6) The Division of Parks and Recreation is created within the department. The division is exclusively vested with the department's powers and duties with respect to state parks.
(7) The division shall be headed by the Executive Director of Parks and Recreation, who shall be appointed by the Governor with the advice and consent of the Senate in the same manner provided in this section for the executive director of the department. The Executive Director of Parks and Recreation shall have authority over the division independent of the authority of the department's executive director.
SECTION 3. Section 49-4-11, Mississippi Code of 1972, is amended as follows:
49-4-11. (1) The executive director shall possess a combination of educational qualifications, experience and skills that clearly demonstrate the ability to manage a multi-functional agency. The minimum qualifications for the position of executive director are as follows:
(a) A master's degree
in one (1) of the management functions of the agency, wildlife or fisheries
conservation * * * or related sciences, or a master's degree in public
or business administration, and at least six (6) years' experience in a
public or private organization with administrative management functions similar
to those of the agency. At least three (3) of the six (6) years' experience must
be in a position with administrative management responsibilities, including personnel
supervision and budget management; or
(b) A bachelor's
degree in wildlife or fisheries conservation, biology, * * * forestry, agriculture or
related sciences, or a bachelor's degree in public or business
administration, and at least eight (8) years' experience in a public or
private organization with administrative management functions directly related
to those of the agency, with four (4) of those years in an administrative
management position with personnel supervision and budget management
responsibilities.
(2) The Executive Director of Parks and Recreation shall possess a combination of educational qualifications, experience and skills that clearly demonstrate the ability to manage the division. The minimum qualifications for the position of Executive Director of Parks and Recreation are as follows:
(a) A master's degree in parks and recreation or related sciences, or a master's degree in public or business administration, and at least six (6) years' experience in a public or private organization with administrative management functions similar to those of the agency. At least three (3) of the six (6) years' experience must be in a position with administrative management responsibilities, including personnel supervision and budget management; or
(b) A bachelor's degree in parks and recreation or related sciences, or a bachelor's degree in public or business administration, and at least eight (8) years' experience in a public or private organization with administrative management functions directly related to those of the division, with four (4) of those years in an administrative management position with personnel supervision and budget management responsibilities.
SECTION 4. Section 49-4-13, Mississippi Code of 1972, is amended as follows:
49-4-13. * * * (1) The Executive
Director of the Department of Wildlife, Fisheries and Parks shall have the
following powers and duties, subject to subsection (2) of this section:
(a) To supervise and direct all administrative and technical activities of the department;
(b) To employ, subject to the approval of the commission, qualified professional personnel in the subject matter or fields, and such other technical and clerical staff as may be required for the operation of the department;
(c) To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of wildlife, fisheries and parks;
(d) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have;
(e) To enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with studies and investigations pertaining to wildlife, fisheries and parks, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature;
(f) In his discretion, to enter into an affinity relationship with a credit card issuer and to expend funds derived therefrom to improve wildlife management areas; and
(g) To carry out all regulations and rules adopted by the commission and enforce all licenses and permits issued by the commission.
(2) With respect to state parks, all powers and duties specified for the executive director in subsection (1) of this section shall be given to the Executive Director of Parks and Recreation.
SECTION 5. Section 49-4-19, Mississippi Code of 1972, is amended as follows:
49-4-19.
(1) All employees of the department, except those of the division,
when authorized by the executive director, shall be entitled to transportation,
traveling and subsistence expenses while away from the office on official
business of the department, in accordance with Section 25-3-41 * * *.
(2) All employees of the division, when authorized by the Executive Director of Parks and Recreation, shall be entitled to transportation, traveling and subsistence expenses while away from the office on official business of the division, in accordance with Section 25-3-41.
SECTION 6. Section 49-1-1, Mississippi Code of 1972, is amended as follows:
49-1-1. Wherever used in this chapter, or in any other statute, or rule or regulation affecting the former State Game and Fish Commission and any of its functions or duties:
(a) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.
(b) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks.
(c) "Director" or "executive director" means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.
(d) "Executive Director of Parks and Recreation" means the Executive Director of the Division of Parks and Recreation within the Mississippi Department of Wildlife, Fisheries and Parks.
SECTION 7. Section 49-1-3, Mississippi Code of 1972, is amended as follows:
49-1-3. The Commission on Wildlife, Fisheries and Parks shall be the Mississippi Commission on Wildlife Conservation and shall retain all powers and duties granted by law to the Mississippi Commission on Wildlife Conservation, and wherever the term "Mississippi Commission on Wildlife Conservation" appears in any law the same shall mean the Commission on Wildlife, Fisheries and Parks. The Executive Director of the Department of Wildlife, Fisheries and Parks may assign to the appropriate divisions such powers and duties as it deems appropriate to carry out the lawful duties of the department, and expend funds as lawfully appropriated. With respect to state parks, the powers and duties of the Division of Parks and Recreation are granted to it by statute, independent of assignment by the department's executive director.
SECTION 8. Section 49-1-4, Mississippi Code of 1972, is amended as follows:
49-1-4. The Department of Wildlife, Fisheries and Parks shall be the Department of Wildlife Conservation and shall retain all powers and duties granted by law to the Department of Wildlife Conservation, and wherever the term "Department of Wildlife Conservation" appears in any law the same shall mean the Department of Wildlife, Fisheries and Parks. The executive director may assign to the appropriate divisions such powers and duties as deemed appropriate to carry out the lawful functions of the department. With respect to state parks, the powers and duties of the Division of Parks and Recreation are granted to it by statute, independent of assignment by the department's executive director.
SECTION 9. Section 49-1-19, Mississippi Code of 1972, is amended as follows:
49-1-19. (1) No member of the commission, the executive director, the Executive Director of Parks and Recreation, administrative officer, employee, supervisor or conservation officer shall be active in any manner for or on behalf of his own candidacy or the candidacy of any candidate for any public office during his term of office or employment with said department. Violation of this subsection shall constitute a Class II violation and upon conviction thereof the violator shall be punished as provided in Section 49-7-143 for each offense. A conviction shall render vacant the office or position of the violator.
(2) While retaining the right to vote as he may please and to express privately his opinions on all political subjects, no executive director, Executive Director of Parks and Recreation, or conservation officer shall use his official authority or influence for the purpose of interfering with an election or affecting the results thereof, nor for the purpose of coercing the political action of any person or body.
SECTION 10. Section 49-1-21, Mississippi Code of 1972, is amended as follows:
49-1-21. (1) Each member of the commission or any officer or employee of the commission handling funds of the commission shall execute and file with the proper officer a bond in the sum of Thirty Thousand Dollars ($30,000.00), with a surety company authorized to do business in the state, which bond shall be approved by the Commissioner of Insurance and conditioned upon the faithful performance of his official duties. Premiums on the bonds shall be paid by the Department of Wildlife, Fisheries and Parks.
(2) The executive director and the Executive Director of Parks and Recreation shall each execute and file with the State Treasurer a bond in the sum of Thirty Thousand Dollars ($30,000.00), and each conservation officer shall execute and file a bond in the sum of Two Thousand Dollars ($2,000.00), conditioned upon the faithful performance of their respective duties and that they, respectively, will account for and pay over pursuant to law all state monies received by them under the laws for the protection of wild animals, birds and fish. They shall be reimbursed for the premiums on their bonds from the Fisheries and Wildlife Fund in case a surety company acts as surety on such bond.
Before entering upon the duties of his office, the executive director, the Executive Director of Parks and Recreation, and each Conservation Officer of the Department of Wildlife, Fisheries and Parks shall take and subscribe to the constitutional oath of office. Such oath or affirmation shall be filed in the office of the Secretary of State.
SECTION 11. Section 49-1-29, Mississippi Code of 1972, is amended as follows:
49-1-29. (1) The commission may promulgate rules and regulations, inaugurate studies and surveys, and establish any services it deems necessary to carry out wildlife laws. A violation of any rules or regulations promulgated by the commission shall constitute a misdemeanor and shall be punished as provided in Section 49-7-101.
(2) The executive director shall have authority with commission approval:
(a) To close or shorten the open season as prescribed by law in cases of urgent emergency on any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians, in any locality, when it finds after investigation and public review that the action is reasonably necessary to secure the perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply in the affected area. The statutes shall continue in full force and effect, except as restricted and limited by the rules and regulations promulgated by the commission.
(b) To designate wildlife refuges, with the consent of the property owner or owners, in any localities it finds necessary to secure perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply for the purpose of providing a safe retreat where the animals may rest and replenish adjacent hunting, trapping or fishing grounds or waters, and to approve land suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22.
(c) To acquire and hold
for the state by purchase, condemnation, lease, or agreement as authorized from
time to time by the Legislature, and to receive by gifts or devise, lands or water
suitable for fish habitats, game and bird habitats, * * * access sites, wildlife refuges, or
for public shooting, trapping or fishing grounds or waters, to provide areas on
which any citizen may hunt, trap or fish under any special regulations as the commission
may prescribe, and to approve lands suitable for such purposes as eligible for the
income tax credit authorized under Section 27-7-22.22. The Executive Director
of Parks and Recreation shall have the authority granted in this paragraph with
respect to state parks.
(d) To extend and consolidate lands or waters suitable for the above purposes by exchange of lands or waters under its jurisdiction.
(e) To capture, propagate, transport, sell or exchange any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians needed for stocking or restocking any lands or waters of the state.
(f) To enter into cooperative agreements with persons, firms, corporations or governmental agencies for purposes consistent with this chapter.
(g) To regulate the burning of rubbish, slashings and marshes or other areas it may find reasonably necessary to reduce the danger of destructive fires.
(h) To conduct research in improved wildlife and fisheries conservation methods and to disseminate information to the residents of the state through the schools, public media and other publications.
(i) To have exclusive charge and control of the propagation and distribution of wild birds, animals, reptiles, fish and amphibians, the conduct and control of hatcheries, biological stations and game and fur farms owned or acquired by the state; to expend for the protection, propagation or preservation of game birds, game or fur-bearing animals, reptiles, fish and amphibians all funds of the state acquired for this purpose arising from licenses, gifts or otherwise; and shall have charge of the enforcement of all wildlife laws.
(j) To grant permits and provide regulations for field trials and dog trainers.
(k) To prohibit and to regulate the taking of nongame gross fish, except minnows.
(l) To enter into agreements with landowners to trap and purchase quail on the premises of the landowner and to provide for the distribution of quail.
(m) To operate or lease to third persons concessions or other rights or privileges on lakes owned or leased by the department. Owners of land adjoining land owned or leased by the department shall have priority to the concessions or rights or privileges, if the owners meet the qualifications established by the commission.
(n) To implement a beaver control program and to charge fees, upon the recommendation of the Beaver Control Advisory Board, to landowners participating in the beaver control program described in Section 49-7-201.
(o) To apply for, receive and expend any federal, state or local funds, contributions or funds from any other source for the purpose of beaver control or eradication.
(p) To require the department to divide the districts into zones if necessary, and periodically survey the districts or zones to obtain information that is necessary to properly determine the population and allowable harvest limits of wildlife within the district or zone.
(q) To grant wildlife personnel access to enter the enclosure and utilize the best collection methods available to obtain tissue samples for testing where CWD has been diagnosed within five (5) miles of the enclosure.
If CWD is detected within an enclosure, the commission shall not declare surrounding or adjoining properties within a five (5) mile radius of the enclosure, a CWD Management Zone, until chronic wasting disease is positively detected within such radius on these surrounding or adjoining properties.
SECTION 12. Section 55-3-2, Mississippi Code of 1972, is amended as follows:
55-3-2. For purposes of Chapter 3, Title 55, Mississippi Code of 1972, the following words shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.
(b) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks.
(c) "Executive director" means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.
(d) "Division" means the Division of Parks and Recreation within the department.
(e) "Executive Director of Parks and Recreation" means the chief officer of the division.
SECTION 13. Section 55-3-41, Mississippi Code of 1972, is amended as follows:
55-3-41. A fund to be known as "Mississippi Park Fund" is hereby established in the State Treasury, and all funds held in the "Mississippi Park System Fund" shall be transferred thereto.
Funds collected by the department shall be deposited in the State Treasury to the credit of the fund. The interest from the Mississippi Park Fund earned from any investment or deposit made pursuant to Section 27-105-33, Mississippi Code of 1972, shall be credited to the Mississippi Park Fund by the treasurer. Expenditures shall be made from the fund upon requisition signed by the Executive Director of Parks and Recreation, or by a person whom the Executive Director of Parks and Recreation may designate and the State Fiscal Officer shall issue his warrant on the State Treasury payable out of the Mississippi Park Fund. All funds in the Mississippi Park Fund shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.
SECTION 14. Section 55-3-45, Mississippi Code of 1972, is amended as follows:
55-3-45. The commission may appoint for each state park a local advisory committee to furnish counsel and advice to the Executive Director of Parks and Recreation and to park personnel concerning the operation and development of said park. The committee is to serve without pay.
SECTION 15. Section 55-3-47, Mississippi Code of 1972, is amended as follows:
55-3-47. (1) In order to carry out its management responsibilities over all state park lands which are now or which may hereafter come under its jurisdiction, the Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized to lease, and to grant easements and rights-of-way over and across, any part of such state park lands. Such leases, easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of said lands for recreational purposes, and subject to the following limitations: The department shall lease such lands for a term not exceeding twenty-five (25) years and shall grant in the original lease contract a nonnegotiable option to renew such lease for an additional term not to exceed twenty-five (25) years. Both the original lease contract and the option to renew such lease shall be transferable contracts. Further, the department shall not lease such lands for purposes which are incompatible with recreational use and may place such terms, limitations, restrictions and conditions in such leases as are deemed necessary to ensure the proper utilization of such lands. Any easement for a utility line shall be granted for that period of time which the department deems to be in the best interest of a state park.
(2) The department is further authorized to enter into such agreements as may be required, upon such terms as may be found to be in the best interest of the state, in settlement of disputes or litigation regarding the title to or boundaries of any state park lands within the jurisdiction of the department, provided such settlement agreements shall be negotiated and drafted with the advice, counsel and assistance of the Attorney General and shall be approved by the Department of Finance and Administration.
(3) In case any of the real estate within any state park under the jurisdiction of the department shall cease to be used or useful for state park purposes, or becomes the subject of boundary or title disputes or litigation, the department may sell and convey the same, with the approval of the Department of Finance and Administration, upon such terms as the Department of Finance and Administration may elect and may, in addition, exchange the same, with the approval of the department, for real estate belonging to any other political subdivision or state, county or local governmental agency or department. The department is authorized to sell and convey or otherwise transfer any state park or historical site as described in subsection (2) of Section 55-3-33. Before any such sale or transfer, except as may occur in settlement of title or boundary disputes or litigation, the department shall publish notice of its intention to sell the park land by public sale to the highest and best bidder at least once each week for three (3) consecutive weeks in at least one (1) public newspaper of general circulation in the county where such land is located and also in at least one (1) newspaper of general circulation throughout the state. Prior to any such sale, the department shall obtain at least two (2) separate and independent appraisals of the land to be sold and may not accept any bid lower than the average of all appraisals made. The department may reject any and all bids. The owner or any co-owner of record next preceding the state in title to any lands sold hereunder by public bid, excluding any entity which may have exercised the power of eminent domain to assist the state in acquiring said lands, shall have the opportunity to reacquire such lands by matching the successful bid therefor. If the owner or any co-owner of record next preceding the state in title, or the heirs or estate of such owner or co-owner, acquires said lands, then the department shall not reserve unto the state any minerals owned by the state underlying the conveyed lands. However, if anyone other than such owner or co-owner, or his heirs or estate, acquires said lands, then the department shall reserve unto the state one-half (1/2) of the minerals owned by the state underlying the conveyed lands, except for lands sold in settlement of title or boundary disputes or litigation, in which case the department may, in its discretion, reserve said minerals. Appraisal fees shall be shared equally by the department and purchaser.
(4) In exercising the
authority granted in this section, the department may act by and through * * * the Executive Director of Parks and
Recreation in the execution of any document or instrument prepared
hereunder. Any lease, deed or settlement agreement executed under the
provisions of this section shall bear the seal and attest of the Secretary of
State, with whom said instrument or document shall be filed and recorded in
addition to any other recording requirements of state law.
This section shall not apply to sixteenth section school lands or lieu lands included within any state park, except as may be necessary or appropriate for the department to ratify or confirm any action taken by the agency or department having jurisdiction over such school or lieu lands.
All revenues collected by the department by virtue of any transaction consummated under the provisions of this section shall be deposited in the Mississippi Park Fund created by Section 55-3-41, from which funds shall be expended only as authorized by the legislative appropriations process.
(5) This section shall not apply to the donation and conveyance of the Nanih Waiya State Park to the Mississippi Band of Choctaw Indians.
SECTION 16. Section 55-3-49, Mississippi Code of 1972, is amended as follows:
55-3-49. The department,
through * * *
the Executive Director of Parks and Recreation, shall inaugurate
a positive program of preventive maintenance for all parks under its
jurisdiction.
SECTION 17. Section 55-3-53, Mississippi Code of 1972, is amended as follows:
55-3-53. (1) The Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized and empowered to sell and dispose of timber, trees, deadwood and stumps standing, growing and being upon the lands of state parks. Such timber shall be sold and disposed of under the direction and specifications of the Department of Wildlife, Fisheries and Parks in accordance with sound and efficient principles of selective cutting, forestry management and conservation.
Before any such timber, trees, deadwood and stumps shall be sold, the Department of Wildlife, Fisheries and Parks shall select and mark the trees to be cut and disposed of. No trees or timber shall be marked for cutting when the cutting thereof would destroy or mar the scenic views from the tourist observation points in said park. The purchaser shall pay double price on sale basis for all trees, timber or stumps cut that had not been marked for removing by the Department of Wildlife, Fisheries and Parks.
Before any such timber, trees, deadwood or stumps standing, growing or being upon such land shall be sold, the department shall advertise its intention so to do by publication in a newspaper published or having general circulation in the county or counties where parks are located, such notice to be published at least once a week for three (3) consecutive weeks preceding the sale and by posting one (1) notice in the courthouse in such county. The notice shall specify that such bids shall be filed with the superintendent of the state park involved, who shall transmit same to the Department of Wildlife, Fisheries and Parks for rejection or approval. Said department shall accept the bid of the highest and best bidder for cash, but shall have the right to reject any and all of such bids.
Provided, however, in the
case of damage by fire, windstorm, insects or other natural causes which would
require immediate sale of the timber, because the time involved for
advertisement as prescribed herein would allow decay, rot or destruction
substantially decreasing the purchase price to be received had not such delay
occurred, the advertisement provisions of this section shall not apply. The * * * Executive Director of Parks
and Recreation, upon a written recommendation from the county forester of
the county wherein said state park is located, shall determine when immediate
sale of the timber is required. When the * * * Executive Director of Parks
and Recreation shall find an immediate sale necessary for the causes stated
herein, he shall, in his discretion, set the time for receipt of bids on the
purchase of said timber, but shall show due diligence in notifying competitive
bidders so that a true competitive bid shall be received.
Whenever any timber, trees, deadwood or stumps are sold under the provisions of this section, the purchaser thereof shall have all necessary rights of ingress and egress to enter upon said land and cut and remove such timber, trees, deadwood or stumps.
The proceeds derived or received from all sales under the provisions of this section shall be placed in the State Parks Timber Management Endowment Fund created under Section 55-3-54.
(2) Notwithstanding the provisions of subsection (1) of this section, the Department of Wildlife, Fisheries and Parks may cut and sell trees damaged by fire, windstorm or insects and deadwood and stumps located upon the lands of state parks for firewood. Such firewood shall be sold only to overnight guests at state parks for use at state parks. The Department of Wildlife, Fisheries and Parks shall select and mark all trees to be cut for firewood.
SECTION 18. Section 67-1-5, Mississippi Code of 1972, is amended as follows:
67-1-5. For the purposes of this chapter and unless otherwise required by the context:
(a) "Alcoholic beverage" means any alcoholic liquid, including wines of more than five percent (5%) of alcohol by weight, capable of being consumed as a beverage by a human being, but shall not include light wine, light spirit product and beer, as defined in Section 67-3-3, Mississippi Code of 1972, but shall include native wines and native spirits. The words "alcoholic beverage" shall not include ethyl alcohol manufactured or distilled solely for fuel purposes or beer of an alcoholic content of more than eight percent (8%) by weight if the beer is legally manufactured in this state for sale in another state.
(b) "Alcohol" means the product of distillation of any fermented liquid, whatever the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol.
(c) "Distilled spirits" means any beverage containing more than six percent (6%) of alcohol by weight produced by distillation of fermented grain, starch, molasses or sugar, including dilutions and mixtures of these beverages.
(d) "Wine" or "vinous liquor" means any product obtained from the alcoholic fermentation of the juice of sound, ripe grapes, fruits, honey or berries and made in accordance with the revenue laws of the United States.
(e) "Person" means and includes any individual, partnership, corporation, association or other legal entity whatsoever.
(f) "Manufacturer" means any person engaged in manufacturing, distilling, rectifying, blending or bottling any alcoholic beverage.
(g) "Wholesaler" means any person, other than a manufacturer, engaged in distributing or selling any alcoholic beverage at wholesale for delivery within or without this state when such sale is for the purpose of resale by the purchaser.
(h) "Retailer" means any person who sells, distributes, or offers for sale or distribution, any alcoholic beverage for use or consumption by the purchaser and not for resale.
(i) "State Tax Commission," "commission" or "department" means the Department of Revenue of the State of Mississippi, which shall create a division in its organization to be known as the Alcoholic Beverage Control Division. Any reference to the commission or the department hereafter means the powers and duties of the Department of Revenue with reference to supervision of the Alcoholic Beverage Control Division.
(j) "Division" means the Alcoholic Beverage Control Division of the Department of Revenue.
(k) "Municipality" means any incorporated city or town of this state.
(l) "Hotel" means an establishment within a municipality, or within a qualified resort area approved as such by the department, where, in consideration of payment, food and lodging are habitually furnished to travelers and wherein are located at least twenty (20) adequately furnished and completely separate sleeping rooms with adequate facilities that persons usually apply for and receive as overnight accommodations. Hotels in towns or cities of more than twenty-five thousand (25,000) population are similarly defined except that they must have fifty (50) or more sleeping rooms. Any such establishment described in this paragraph with less than fifty (50) beds shall operate one or more regular dining rooms designed to be constantly frequented by customers each day. When used in this chapter, the word "hotel" shall also be construed to include any establishment that meets the definition of "bed and breakfast inn" as provided in this section.
(m) "Restaurant" means:
(i) A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, which has suitable seating facilities for guests, and which has suitable kitchen facilities connected therewith for cooking an assortment of foods and meals commonly ordered at various hours of the day; the service of such food as sandwiches and salads only shall not be deemed in compliance with this requirement. Except as otherwise provided in this paragraph, no place shall qualify as a restaurant under this chapter unless twenty-five percent (25%) or more of the revenue derived from such place shall be from the preparation, cooking and serving of meals and not from the sale of beverages, or unless the value of food given to and consumed by customers is equal to twenty-five percent (25%) or more of total revenue; or
(ii) Any privately owned business located in a building in a historic district where the district is listed in the National Register of Historic Places, where the building has a total occupancy rating of not less than one thousand (1,000) and where the business regularly utilizes ten thousand (10,000) square feet or more in the building for live entertainment, including not only the stage, lobby or area where the audience sits and/or stands, but also any other portion of the building necessary for the operation of the business, including any kitchen area, bar area, storage area and office space, but excluding any area for parking. In addition to the other requirements of this subparagraph, the business must also serve food to guests for compensation within the building and derive the majority of its revenue from event-related fees, including, but not limited to, admission fees or ticket sales to live entertainment in the building, and from the rental of all or part of the facilities of the business in the building to another party for a specific event or function.
(n) "Club" means an association or a corporation:
(i) Organized or created under the laws of this state for a period of five (5) years prior to July 1, 1966;
(ii) Organized not primarily for pecuniary profit but for the promotion of some common object other than the sale or consumption of alcoholic beverages;
(iii) Maintained by its members through the payment of annual dues;
(iv) Owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests;
(v) The affairs and management of which are conducted by a board of directors, board of governors, executive committee, or similar governing body chosen by the members at a regular meeting held at some periodic interval; and
(vi) No member, officer, agent or employee of which is paid, or directly or indirectly receives, in the form of a salary or other compensation any profit from the distribution or sale of alcoholic beverages to the club or to members or guests of the club beyond such salary or compensation as may be fixed and voted at a proper meeting by the board of directors or other governing body out of the general revenues of the club.
The department may, in its discretion, waive the five-year provision of this paragraph. In order to qualify under this paragraph, a club must file with the department, at the time of its application for a license under this chapter, two (2) copies of a list of the names and residences of its members and similarly file, within ten (10) days after the election of any additional member, his name and address. Each club applying for a license shall also file with the department at the time of the application a copy of its articles of association, charter of incorporation, bylaws or other instruments governing the business and affairs thereof.
(o) "Qualified resort area" means any area or locality outside of the limits of incorporated municipalities in this state commonly known and accepted as a place which regularly and customarily attracts tourists, vacationists and other transients because of its historical, scenic or recreational facilities or attractions, or because of other attributes which regularly and customarily appeal to and attract tourists, vacationists and other transients in substantial numbers; however, no area or locality shall so qualify as a resort area until it has been duly and properly approved as such by the department. The department may not approve an area as a qualified resort area after July 1, 2018, if any portion of such proposed area is located within two (2) miles of a convent or monastery that is located in a county traversed by Interstate 55 and U.S. Highway 98. A convent or monastery may waive such distance restrictions in favor of allowing approval by the department of an area as a qualified resort area. Such waiver shall be in written form from the owner, the governing body, or the appropriate officer of the convent or monastery having the authority to execute such a waiver, and the waiver shall be filed with and verified by the department before becoming effective.
(i) The department may approve an area or locality outside of the limits of an incorporated municipality that is in the process of being developed as a qualified resort area if such area or locality, when developed, can reasonably be expected to meet the requisites of the definition of the term "qualified resort area." In such a case, the status of qualified resort area shall not take effect until completion of the development.
(ii) The term includes any state park which is declared a resort area by the department; however, such declaration may only be initiated in a written request for resort area status made to the department by the Executive Director of Parks and Recreation within the Department of Wildlife, Fisheries and Parks, and no permit for the sale of any alcoholic beverage, as defined in this chapter, except an on-premises retailer's permit, shall be issued for a hotel, restaurant or bed and breakfast inn in such park.
(iii) The term includes:
1. The clubhouses associated with the state park golf courses at the Lefleur's Bluff State Park, the John Kyle State Park, the Percy Quin State Park and the Hugh White State Park;
2. The clubhouse and associated golf course, tennis courts and related facilities and swimming pool and related facilities where the golf course, tennis courts and related facilities and swimming pool and related facilities are adjacent to one or more planned residential developments and the golf course and all such developments collectively include at least seven hundred fifty (750) acres and at least four hundred (400) residential units;
3. Any facility located on property that is a game reserve with restricted access that consists of at least three thousand (3,000) contiguous acres with no public roads and that offers as a service hunts for a fee to overnight guests of the facility;
4. Any facility located on federal property surrounding a lake and designated as a recreational area by the United States Army Corps of Engineers that consists of at least one thousand five hundred (1,500) acres;
5. Any facility that is located in a municipality that is bordered by the Pearl River, traversed by Mississippi Highway 25, adjacent to the boundaries of the Jackson International Airport and is located in a county which has voted against coming out from under the dry law; however, any such facility may only be located in areas designated by the governing authorities of such municipality;
6. Any municipality with a population in excess of ten thousand (10,000) according to the latest federal decennial census that is located in a county that is bordered by the Pearl River and is not traversed by Interstate Highway 20, with a population in excess of forty-five thousand (45,000) according to the latest federal decennial census; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages;
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
7. The West Pearl Restaurant Tax District as defined in Chapter 912, Local and Private Laws of 2007;
8. a. Land that is located in any county in which Mississippi Highway 43 and Mississippi Highway 25 intersect and:
A. Owned by the Pearl River Valley Water Supply District, and/or
B. Located within the Reservoir Community District, zoned commercial, east of Old Fannin Road, north of Regatta Drive, south of Spillway Road, west of Hugh Ward Boulevard and accessible by Old Fannin Road, Spillway Road, Spann Drive and/or Lake Vista Place, and/or
C. Located within the Reservoir Community District, zoned commercial, west of Old Fannin Road, south of Spillway Road and extending to the boundary of the corporate limits of the City of Flowood, Mississippi;
b. The board of supervisors of such county, with respect to B and C of item 8.a., may by resolution or other order:
A. Specify the hours of operation of facilities that offer alcoholic beverages for sale,
B. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages, and
C. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
9. Any facility located on property that is a game reserve with restricted access that consists of at least eight hundred (800) contiguous acres with no public roads, that offers as a service hunts for a fee to overnight guests of the facility, and has accommodations for at least fifty (50) overnight guests;
10. Any facility that:
a. Consists of at least six thousand (6,000) square feet being heated and cooled along with an additional adjacent area that consists of at least two thousand two hundred (2,200) square feet regardless of whether heated and cooled,
b. For a fee is used to host events such as weddings, reunions and conventions,
c. Provides lodging accommodations regardless of whether part of the facility and/or located adjacent to or in close proximity to the facility, and
d. Is located on property that consists of at least thirty (30) contiguous acres;
11. Any facility and related property:
a. Located on property that consists of at least one hundred twenty-five (125) contiguous acres and consisting of an eighteen (18) hole golf course, and/or located in a facility that consists of at least eight thousand (8,000) square feet being heated and cooled,
b. Used for the purpose of providing meals and hosting events, and
c. Used for the purpose of teaching culinary arts courses and/or turf management and grounds keeping courses, and/or outdoor recreation and leadership courses;
12. Any facility and related property that:
a. Consist of at least eight thousand (8,000) square feet being heated and cooled,
b. For a fee is used to host events,
c. Is used for the purpose of culinary arts courses, and/or live entertainment courses and art performances, and/or outdoor recreation and leadership courses;
13. The clubhouse and associated golf course where the golf course is adjacent to one or more residential developments and the golf course and all such developments collectively include at least two hundred (200) acres and at least one hundred fifty (150) residential units and are located a. in a county that has voted against coming out from under the dry law; and b. outside of but in close proximity to a municipality in such county which has voted under Section 67-1-14, after January 1, 2013, to come out from under the dry law;
14. The clubhouse and associated eighteen (18) hole golf course located in a municipality traversed by Interstate Highway 55 and U.S. Highway 51 that has voted to come out from under the dry law;
15. a. Land that is planned for mixed use development and consists of at least two hundred (200) contiguous acres with one or more planned residential developments collectively planned to include at least two hundred (200) residential units when completed, and also including a facility that consists of at least four thousand (4,000) square feet that is not part of such land but is located adjacent to or in close proximity thereto, and which land is located:
A. In a county that has voted to come out from under the dry law,
B. Outside the corporate limits of any municipality in such county and adjacent to or in close proximity to a golf course located in a municipality in such county, and
C. Within one (1) mile of a state institution of higher learning;
b. The board of supervisors of such county may by resolution or other order:
A. Specify the hours of operation of facilities that offer alcoholic beverages for sale,
B. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages, and
C. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
16. Any facility with a capacity of five hundred (500) people or more, to be used as a venue for private events, on a tract of land in the Southwest Quarter of Section 33, Township 2 South, Range 7 East, of a county where U.S. Highway 45 and U.S. Highway 72 intersect and that has not voted to come out from under the dry law;
17. One hundred five (105) contiguous acres, more or less, located in Hinds County, Mississippi, and in the City of Jackson, Mississippi, whereon are constructed a variety of buildings, improvements, grounds or objects for the purpose of holding events thereon to promote agricultural and industrial development in Mississippi;
18. Land that is owned by a state institution of higher learning and:
a. Located entirely within a county that has elected by majority vote not to permit the transportation, storage, sale, distribution, receipt and/or manufacture of light wine and beer pursuant to Section 67-3-7, and
b. Adjacent to but outside the incorporated limits of a municipality that has elected by majority vote to permit the sale, receipt, storage and transportation of light wine and beer pursuant to Section 67-3-9.
If any portion of the land described in this item 18 has been declared a qualified resort area by the department before July 1, 2020, then that qualified resort area shall be incorporated into the qualified resort area created by this item 18;
19. Any facility and related property:
a. Used as a flea market or similar venue during a weekend (Saturday and Sunday) immediately preceding the first Monday of a month and having an annual average of at least one thousand (1,000) visitors for each such weekend and five hundred (500) vendors for Saturday of each such weekend, and
b. Located in a county that has not voted to come out from under the dry law and outside of but in close proximity to a municipality located in such county and which municipality has voted to come out from under the dry law;
20. Blocks 1, 2 and 3 of the original town square in any municipality with a population in excess of one thousand five hundred (1,500) according to the latest federal decennial census and which is located in:
a. A county traversed by Interstate 55 and Interstate 20, and
b. A judicial district that has not voted to come out from under the dry law;
21. Any municipality with a population in excess of two thousand (2,000) according to the latest federal decennial census and in which is located a part of White's Creek Lake and in which U.S. Highway 82 intersects with Mississippi Highway 9 and located in a county that is partially bordered on one (1) side by the Big Black River; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
22. A restaurant located on a two-acre tract adjacent to a five-hundred-fifty-acre lake in the northeast corner of a county traversed by U.S. Interstate 55 and U.S. Highway 84;
23. Any tracts of land in Oktibbeha County, situated north of Bailey Howell Drive, Lee Boulevard and Old Mayhew Road, east of George Perry Street and south of Mississippi Highway 182, and not located on the property of a state institution of higher learning; however, the board of supervisors of such county may by resolution or other order:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
24. A municipality in which Mississippi Highway 27 and Mississippi Highway 28 intersect; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities offering alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities offering alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities offering alcoholic beverages for sale may be located;
25. A municipality through which run Mississippi Highway 35 and Interstate 20; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
26. A municipality in which Mississippi Highway 16 and Mississippi Highway 35 intersect; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
27. A municipality in which U.S. Highway 82 and Old Highway 61 intersect; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
28. A municipality in which Mississippi Highway 8 meets Mississippi Highway 1; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
29. A municipality in which U.S. Highway 82 and Mississippi Highway 1 intersect; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
30. A municipality in which Mississippi Highway 50 meets Mississippi Highway 9; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
31. An area bounded on the north by Pearl Street, on the east by West Street, on the south by Court Street and on the west by Farish Street, within a municipality bordered on the east by the Pearl River and through which run Interstate 20 and Interstate 55; however, the governing authorities of the municipality in which such area is located may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
32. Any facility and related property that:
a. Is contracted for mixed-use development improvements consisting of office and residential space and a restaurant and lounge, partially occupying the renovated space of a four-story commercial building which previously served as a financial institution; and adjacent property to the west consisting of a single-story office building that was originally occupied by the Brotherhood of Carpenters and Joiners of American Local Number 569; and
b. Is situated on a tract of land consisting of approximately one and one-tenth (1.10) acres, and the adjacent property to the west consisting of approximately 0.5 acres, located in a municipality which is the seat of county government, situated south of Interstate 10, traversed by U.S. Highway 90, partially bordered on one (1) side by the Pascagoula River and having its most southern boundary bordered by the Gulf of Mexico, with a population greater than twenty-two thousand (22,000) according to the 2010 federal decennial census; however, the governing authorities of such a municipality may by ordinance:
A. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
B. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
C. Designate the areas within the facilities in which alcoholic beverages may be offered for sale;
33. Any facility with a maximum capacity of one hundred twenty (120) people that consists of at least three thousand (3,000) square feet being heated and cooled, has a commercial kitchen, has a pavilion that consists of at least nine thousand (9,000) square feet and is located on land more particularly described as follows:
All that part of the East Half of the Northwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi, that lies South of Mississippi State Highway 348 right-of-way and containing 19.48 acres, more or less.
ALSO,
The Northeast 38 acres of the Southwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi.
ALSO,
The South 81 1/2 acres of the Southwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi; and
34. A municipality in which U.S. Highway 51 and Mississippi Highway 16 intersect; however, the governing authorities of such a municipality may by ordinance:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located.
The status of these municipalities, districts, clubhouses, facilities, golf courses and areas described in subparagraph (iii) of this paragraph (o) as qualified resort areas does not require any declaration of same by the department.
(p) "Native wine" means any product, produced in Mississippi for sale, having an alcohol content not to exceed twenty-one percent (21%) by weight and made in accordance with revenue laws of the United States, which shall be obtained primarily from the alcoholic fermentation of the juice of ripe grapes, fruits, berries, honey or vegetables grown and produced in Mississippi; provided that bulk, concentrated or fortified wines used for blending may be produced without this state and used in producing native wines. The department shall adopt and promulgate rules and regulations to permit a producer to import such bulk and/or fortified wines into this state for use in blending with native wines without payment of any excise tax that would otherwise accrue thereon.
(q) "Native winery" means any place or establishment within the State of Mississippi where native wine is produced, in whole or in part, for sale.
(r) "Bed and breakfast inn" means an establishment within a municipality where in consideration of payment, breakfast and lodging are habitually furnished to travelers and wherein are located not less than eight (8) and not more than nineteen (19) adequately furnished and completely separate sleeping rooms with adequate facilities, that persons usually apply for and receive as overnight accommodations; however, such restriction on the minimum number of sleeping rooms shall not apply to establishments on the National Register of Historic Places. No place shall qualify as a bed and breakfast inn under this chapter unless on the date of the initial application for a license under this chapter more than fifty percent (50%) of the sleeping rooms are located in a structure formerly used as a residence.
(s) "Board" shall refer to the Board of Tax Appeals of the State of Mississippi.
(t) "Spa facility" means an establishment within a municipality or qualified resort area and owned by a hotel where, in consideration of payment, patrons receive from licensed professionals a variety of private personal care treatments such as massages, facials, waxes, exfoliation and hairstyling.
(u) "Art studio or gallery" means an establishment within a municipality or qualified resort area that is in the sole business of allowing patrons to view and/or purchase paintings and other creative artwork.
(v) "Cooking school" means an establishment within a municipality or qualified resort area and owned by a nationally recognized company that offers an established culinary education curriculum and program where, in consideration of payment, patrons are given scheduled professional group instruction on culinary techniques. For purposes of this paragraph, the definition of cooking school shall not include schools or classes offered by grocery stores, convenience stores or drugstores.
(w) "Campus" means property owned by a public school district, community or junior college, college or university in this state where educational courses are taught, school functions are held, tests and examinations are administered or academic course credits are awarded; however, the term shall not include any "restaurant" or "hotel" that is located on property owned by a community or junior college, college or university in this state, and is operated by a third party who receives all revenue generated from food and alcoholic beverage sales.
(x) "Native spirit" shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages. In order to be classified as "native spirit" under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from distillation of fermented grain, starch, molasses or sugar grown and produced in Mississippi.
(y) "Native distillery" shall mean any place or establishment within this state where native spirit is produced in whole or in part for sale.
SECTION 19. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.