Bill Text | History of Actions | Background | Title |
Description: Alcoholic beverages; authorize distribution by private entities.
Bill Text: [Introduced]
| 1 | 01/12 (H) Referred To Ways and Means | |
| 2 | 02/01 (H) Died In Committee |
| Effective date | July 1, 2007 | |
| Disposition | Dead | |
| Deadline | General Bill/Constitutional Amendment | |
| Revenue | No | |
| Vote type required | Three/Fifths |
House Committee:
Principal Author: Fleming
Code Sections: 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 THE SALE, FRANCHISE, LICENSE OR LEASE OF, AND THE SALE, FRANCHISING, LICENSING OR LEASING ALL RIGHTS ASSOCIATED WITH, THE WHOLESALE DISTRIBUTION OF ALCOHOLIC BEVERAGES IN THIS STATE; TO AUTHORIZE THE COMMISSION TO GRANT ONE OR MORE EXCLUSIVE SERVICE TERRITORIES IN THE STATE IN WHICH A PRIVATE SECTOR ENTITY HAS THE EXCLUSIVE RIGHTS TO THE WHOLESALE DISTRIBUTION OF ALCOHOLIC BEVERAGES; 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; 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 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 REVISE THE DEFINITION OF THE TERM "RESTAURANT" FOR PURPOSES OF THE STATE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW, TO DELETE THE REQUIREMENT THAT IN ORDER FOR A PLACE TO QUALIFY AS A RESTAURANT UNDER SUCH LAW, 25% OR MORE OF THE REVENUE DERIVED FROM SUCH PLACE MUST BE FROM THE PREPARATION, COOKING AND SERVING OF MEALS AND NOT FROM THE SALE OF BEVERAGES, OR THAT THE VALUE OF FOOD GIVEN TO AND CONSUMED BY CUSTOMERS MUST EQUAL 25% OR MORE OF THE TOTAL REVENUE OF SUCH PLACE; 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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