MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Ways and Means

By: Representative Ford

AN ACT TO AMEND SECTION 67-3-52, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS A PERSON HOLDING A PERMIT TO SELL BEER OR LIGHT WINE AT RETAIL FROM OBTAINING THE BEER OR LIGHT WINE FROM ANY SOURCE OUTSIDE OF THE STATE OF MISSISSIPPI, TO EXTEND THE REPEALER FROM JULY 1, 2000 TO JULY 1, 2001; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 67-3-52, Mississippi Code of 1972, is amended as follows:

67-3-52. It shall be unlawful for any person holding a permit authorizing the sale of beer or light wine at retail to obtain such beer or light wine from any source outside of the State of Mississippi. Any person who violates the provisions of this section, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court. Any person convicted of violating this section, or any rules or regulations promulgated by the commissioner with regard to the unlawful acts described in this section, shall forfeit his permit. Any person whose permit has been forfeited pursuant to this section shall not be eligible for a permit issued by the commissioner for a period of five (5) years after the date of such forfeiture. In addition, no permit shall be issued for the same location, for which an offender has forfeited a permit pursuant to this section, to a spouse, offspring or sibling of the offender when to do so would circumvent the purposes of this section. The commissioner may assess a retailer who violates this section the amount of excise taxes due on the unlawfully imported beer or light wine, together with a penalty in the amount of four (4) times the state excise taxes due or One Hundred Dollars ($100.00) per case, whichever is greater.

This section shall stand repealed from and after July 1, 2001.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.