Bill Text | History of Actions | Background | Title |
Description: Alcoholic beverages; authorize distribution by private entities.
Bill Text: [Introduced]
| 1 | 02/20 (S) Referred To Finance | |
| 2 | 03/09 (S) Died In Committee |
| Effective date | ** See Text | |
| Disposition | Dead | |
| Deadline | General Bill/Constitutional Amendment | |
| Revenue | No | |
| Vote type required | Three/Fifths |
Senate Committee:
Principal Author: Doxey
Additional Authors: Brown, Gollott, Hewes, Lee (47th), Albritton, Dawkins, Michel, Chaney
Code Sections: A 025-0009-0155, A 027-0071-0005, A 027-0071-0007, A 027-0071-0009, A 027-0071-0015, A 027-0071-0021, A 067-0001-0005, A 067-0001-0009, A 067-0001-0037, A 067-0001-0041, A 067-0001-0043, A 067-0001-0045, A 067-0001-0051, A 067-0001-0077, A 067-0001-0079, RP 027-0071-0011, RP 027-0071-0013, RP 027-0071-0017, RP 027-0071-0019, RP 067-0001-0047, RP 067-0001-0049
Title: AN ACT TO REQUIRE THE STATE TAX COMMISSION TO ENTER INTO CONTRACTS WITH PRIVATE ENTITIES FOR FRANCHISE OF, AND THE FRANCHISING OF ALL RIGHTS ASSOCIATED WITH, THE WHOLESALE DISTRIBUTION OF ALCOHOLIC BEVERAGES IN THIS STATE; TO REQUIRE THE STATE TAX COMMISSION TO ESTABLISH NOT LESS THAN EIGHT SERVICE TERRITORIES IN THE STATE IN WHICH PRIVATE SECTOR ENTITIES HAVE THE RIGHT TO THE WHOLESALE DISTRIBUTION OF ALCOHOLIC BEVERAGES; TO PROVIDE THAT WITHIN EACH SERVICE TERRITORY THE STATE TAX COMMISSION SHALL AWARD NOT LESS THAN TWO NOR MORE THAN FOUR FRANCHISES FOR THE WHOLESALE DISTRIBUTION OF ALCOHOLIC BEVERAGES IN THE SERVICE TERRITORY; TO PROVIDE THAT ONLY PRIVATE ENTITIES THAT ARE AWARDED FRANCHISES IN A SERVICE TERRITORY MAY DISTRIBUTE ALCOHOLIC BEVERAGES AT WHOLESALE IN THE SERVICE TERRITORY; TO PROVIDE THAT ANY CONTRACT ENTERED INTO WITH A PRIVATE ENTITY FOR THE WHOLESALE DISTRIBUTION OF ALCOHOLIC BEVERAGES SHALL PROVIDE FOR A NEGOTIATED ANNUAL ROYALTY PAYMENT IN AN AMOUNT OF NOT LESS THAN 10% OF THE GROSS WHOLESALE SALES OF ALCOHOLIC BEVERAGES BY THE OWNER OF THE FRANCHISE AND SHALL PROVIDE PENALTIES FOR FAILURE TO MAKE ANY REQUIRED PAYMENTS TO THE STATE TAX COMMISSION OR THE STATE OR FOR OTHERWISE VIOLATING THE TERMS OF THE CONTRACT; TO PROVIDE THAT THE OWNER OF A FRANCHISE MAY SELL THE FRANCHISE TO ANOTHER PRIVATE ENTITY ONLY UPON APPROVAL OF THE SALE BY THE STATE TAX COMMISSION; TO PROVIDE THAT AMOUNTS PAID BY A PRIVATE ENTITY FOR THE WHOLESALE DISTRIBUTION OF ALCOHOLIC BEVERAGES AND ANNUAL ROYALTY PAYMENTS SHALL BE DEPOSITED INTO THE STATE GENERAL FUND; TO MAKE IT UNLAWFUL FOR A MANUFACTURER OF ALCOHOLIC BEVERAGES, OR ANYONE CONNECTED WITH THE BUSINESS OF A MANUFACTURER OF ALCOHOLIC BEVERAGES, TO HAVE ANY FINANCIAL INTEREST IN A FRANCHISE AWARDED UNDER THIS ACT, OR IN THE BUSINESS CONDUCTED BY THE HOLDER OF SUCH A FRANCHISE; TO MAKE IT UNLAWFUL FOR A MANUFACTURER OF ALCOHOLIC BEVERAGES, OR ANYONE CONNECTED WITH A MANUFACTURER'S BUSINESS TO LEND ANY MONEY OR MAKE ANY GIFT OR OFFER ANY GRATUITY TO THE HOLDER OF A FRANCHISE AWARDED UNDER THIS ACT OR TO AN EMPLOYEE OF THE HOLDER OF SUCH A FRANCHISE, EXCEPT AS AUTHORIZED BY REGULATIONS OF THE COMMISSION; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE STATE TAX COMMISSION, TO SELL ALL REAL PROPERTY OWNED BY THE STATE AND UTILIZED BY THE STATE TAX COMMISSION IN CONNECTION WITH THE WHOLESALE DISTRIBUTION OF ALCOHOLIC BEVERAGES BY THE COMMISSION; TO AMEND SECTIONS 27-71-5, 27-71-7, 27-71-9, 27-71-15, 27-71-21, 67-1-5, 67-1-9, 67-1-37, 67-1-41, 67-1-43, 67-1-45, 67-1-51, 67-1-77 AND 67-1-79, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DISTRIBUTION OF ALCOHOLIC BEVERAGES BY PRIVATE ENTITIES; TO PROVIDE THE ANNUAL PRIVILEGE LICENSE TAX FOR A WHOLESALE ALCOHOLIC BEVERAGE DISTRIBUTION PERMIT; TO PROVIDE FOR AN EXCISE TAX ON ALCOHOLIC BEVERAGES SOLD BY THE HOLDER OF A WHOLESALE ALCOHOLIC BEVERAGE DISTRIBUTION PERMIT AND THE COLLECTION OF SUCH TAX; TO REQUIRE THE OPERATOR OF A VEHICLE TRANSPORTING ALCOHOLIC BEVERAGES TO POSSESS AN INVOICE ISSUED BY THE HOLDER OF A WHOLESALE ALCOHOLIC BEVERAGE DISTRIBUTION PERMIT; TO PROVIDE THAT PERSONS ENGAGED IN THE BUSINESS OF DISTRIBUTING ALCOHOLIC BEVERAGES AT WHOLESALE MAY BE REQUIRED TO ENTER INTO A BOND PAYABLE TO THE STATE OF MISSISSIPPI CONDITIONED THAT SUCH DISTRIBUTOR WILL CONDUCT HIS BUSINESS LAWFULLY; TO AUTHORIZE THE STATE TAX COMMISSION TO PROMULGATE RULES AND REGULATIONS GOVERNING THE PURCHASE FOR THE WHOLESALE RESALE, DISTRIBUTION AND SALE OF ALCOHOLIC BEVERAGES; TO PROVIDE THAT THE STATE TAX COMMISSION SHALL NOT BE A WHOLESALE DISTRIBUTOR OF ALCOHOLIC BEVERAGES; TO AUTHORIZE THE STATE TAX COMMISSION TO ISSUE A WHOLESALE ALCOHOLIC BEVERAGE DISTRIBUTION PERMIT; TO PROVIDE THAT SUCH PERMITS SHALL AUTHORIZE THE HOLDER THEREOF TO PURCHASE ALCOHOLIC BEVERAGES FROM ANY MANUFACTURER OR IMPORTER, TRANSPORT ALCOHOLIC BEVERAGES INTO THE STATE OF MISSISSIPPI, STORE ALCOHOLIC BEVERAGES AT THE PRIVATE BONDED WAREHOUSE OF SUCH PERMITTEE'S CHOICE AND SOLICIT ORDERS FROM AND SELL ALCOHOLIC BEVERAGES TO PERMITTEES WHO ARE AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL; TO PROVIDE THAT RECORDS OF ORDERS MUST BE KEPT FOR THREE YEARS AND SHALL BE SUBJECT TO INSPECTION BY THE ALCOHOLIC BEVERAGE CONTROL DIVISION AT ANY TIME; TO REQUIRE THE HOLDER OF A WHOLESALE ALCOHOLIC BEVERAGE DISTRIBUTION PERMIT TO DELIVER ALCOHOLIC BEVERAGES WITHIN THREE DAYS OF RECEIPT OF THE ORDER; TO MAKE IT UNLAWFUL FOR THE HOLDER OF A WHOLESALE ALCOHOLIC BEVERAGE DISTRIBUTION PERMIT TO HAVE A FINANCIAL INTEREST IN ANY PREMISES UPON WHICH ANY ALCOHOLIC BEVERAGE IS SOLD AT RETAIL; TO REPEAL SECTIONS 27-71-11, 27-71-13, 27-71-17, 27-71-19, 67-1-47 AND 67-1-49, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE THE STATE TAX COMMISSION TO REQUEST THE STATE BOND COMMISSION TO PROVIDE SUFFICIENT FUNDS REQUIRED TO MAINTAIN AN ADEQUATE ALCOHOLIC BEVERAGE INVENTORY, REQUIRE THE STATE TAX COMMISSION TO PURCHASE DIRECTLY FROM THE MANUFACTURER, PROVIDE PENALTIES FOR SELLING ALCOHOLIC BEVERAGES NOT IDENTIFIED AS HAVING BEEN PURCHASED BY THE COMMISSION, REQUIRE DISTILLERS AND DISTRIBUTORS DEALING WITH THE STATE TAX COMMISSION TO REGISTER WITH THE SECRETARY OF STATE AND REQUIRE DISTILLERS HAVING CONTRACTS WITH THE STATE TAX COMMISSION TO FILE STATEMENTS OF SALARY EXPENSES; AND FOR RELATED PURPOSES.
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