Senate Bill 2851

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 67-1-57, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN APPLICANT FOR AN ALCOHOLIC BEVERAGE LICENSE MUST SUBMIT A SET OF FINGERPRINTS, OF THE APPLICANT AND ANY EMPLOYEE OF THE APPLICANT, TO THE CHAIRMAN OF THE STATE TAX COMMISSION WHO SHALL FORWARD THE FINGERPRINTS TO THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE THAT IF NO DISQUALIFYING INFORMATION IS IDENTIFIED AT THE STATE LEVEL, THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY SHALL FORWARD THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 67-1-57, Mississippi Code of 1972, is amended as follows:

67-1-57. Before a permit is issued the commission shall satisfy itself:

(a) That the applicant, if an individual, or if a partnership, each of the members of the partnership, or if a corporation, each of its principal officers and directors, is of good moral character and, in addition, enjoys a reputation of being a peaceable, law-abiding citizen of the community in which he resides, and is generally fit for the trust to be reposed in him, is not less than twenty-one (21) years of age, and has not been convicted of a felony in any state or federal court.

(b) That, except in the case of an application for a solicitor's permit, the applicant is the true and actual owner of the business for which the permit is desired, and that he intends to carry on the business authorized for himself and not as the agent of any other person, and that he intends to superintend in person the management of said business or that he will designate a manager to manage the business for him; any such manager must be approved by the commission and must possess all of the qualifications required of a permittee.

(c) That the applicant for a package retailer's permit, if an individual, is a resident of the State of Mississippi. If the applicant is a partnership, each member of the partnership must be a resident of the state. If the applicant is a corporation, the designated manager of the corporation must be a resident of the state.

(d) That the place for which the permit is to be issued is an appropriate one considering the character of the premises and the surrounding neighborhood.

(e) That the place for which the permit is to be issued is within the corporate limits of an incorporated municipality or qualified resort area or club which comes within the provisions of this chapter.

(f) That the applicant is not indebted to the state for any taxes, fees or payment of penalties imposed by any law of the State of Mississippi or by any rule or regulation of the commission.

(g) That the applicant is not in the habit of using alcoholic beverages to excess and is not physically or mentally incapacitated, and that the applicant has the ability to read and write the English language.

(h) That the commission does not believe and has no reason to believe that the applicant will sell or knowingly permit any agent, servant or employee to unlawfully sell liquor in a dry area or in any other manner contrary to law.

(i) That the applicant is not residentially domiciled with any person whose permit or license has been cancelled for cause within the twelve (12) months next preceding the date of the present application for a permit.

(j) That the commission has not, in the exercise of its discretion which is reserved and preserved to it, refused to grant such permits under the restrictions of this section, as well as under any other pertinent provision of this chapter.

(k) That there are not sufficient legal reasons to deny a permit on the ground that the premises for which the permit is sought has previously been operated, used or frequented for any purpose or in any manner that is lewd, immoral or offensive to public decency. In the granting or withholding of any permit to sell alcoholic beverages at retail, the commission in forming its conclusions may give consideration to any recommendations made in writing by the district or county attorney or county, circuit or chancery judge of the county, or the sheriff of the county, or the mayor or chief of police of an incorporated city or town wherein the applicant proposes to conduct his business and to any recommendations made by representatives of the commission.

(l) That no criminal record of the applicant or any of applicant's employees exists.

(i) In order to determine the applicant's suitability for a license, the applicant shall submit a set of fingerprints, of the applicant as well as any employee of the applicant, from any local law enforcement agency to the Chairman of the State Tax Commission who shall forward the fingerprints to the Mississippi Department of Public Safety. If no disqualifying record is identified at the state level, the Mississippi Department of Public Safety shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. Costs for processing the set or sets of fingerprints shall be borne by the applicant.

(ii) The State Tax Commission shall allow an employee of the applicant to be employed by the applicant during the pendency of the background check. If a disqualifying record is identified within six (6) months of the filing of the employee's application, the commission shall deny the employee's employment by the applicant.

SECTION 2. This act shall take effect and be in force from and after its passage.