2007 Regular Session
By: Representative Moak
AN ACT TO AMEND SECTION 67-1-77, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A DISTILLER, WINE MANUFACTURER, BREWER, RECTIFIER, BLENDER OR BOTTLER OF ALCOHOLIC BEVERAGES TO HAVE A FINANCIAL INTEREST IN A PREMISES UPON WHICH ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL BY A PERMITTEE OR IN THE BUSINESS OF THE PERMITTEE IF THE PERMITTEE DOES NOT SELL OR SERVE ANY ALCOHOLIC BEVERAGES PRODUCED BY SUCH DISTILLER, WINE MANUFACTURER, BREWER, RECTIFIER, BLENDER OR BOTTLER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-77, Mississippi Code of 1972, is amended as follows:
67-1-77. (1) It shall be unlawful for the holder of a manufacturer's or wholesaler's permit, or anyone connected with the business of such holder, or for any other distiller, wine manufacturer, brewer, rectifier, blender, or bottler, to have any financial interest in any premises upon which any alcoholic beverage is sold at retail by any permittee, or in the business conducted by such permittee, except that:
(a) The holder of a manufacturer's or wholesaler's permit may contract for the service of a representative in the area of governmental affairs on a part-time basis with a holder of an on-premises permit.
(b) A distiller, wine manufacturer, brewer, rectifier, blender or bottler may have a financial interest in a premises upon which alcoholic beverages are sold at retail by a permittee, or in the business conducted by a permittee, if the permittee does not sell or serve any alcoholic beverages that are distilled, manufactured, brewed, rectified, blended or bottled by the distiller, wine manufacturer, brewer, rectifier, blender or bottler having the financial interest in the premises or in the business conducted by a permittee.
(2) It shall also be unlawful for any such person, or anyone connected with his, its, or their business to lend any money or make any gift or offer any gratuity, to any retail permittee, except as authorized by regulations of the commission, to the holder of any retail permit issued under the provisions of this chapter. Except as above provided, no retail permittee shall accept, receive, or make use of any money or gift furnished by any such person, or become indebted to such person except for the purchase of alcoholic beverages.
(3) The commission shall not prohibit the furnishing of advertising specialties, printed materials, or other things having nominal value to a retail permittee. This section shall not be construed to prohibit the possession by any person of advertising specialties, printed materials, or other things having nominal value furnished by a retail permittee.
(4) Any person violating the provisions of this section shall, upon conviction, be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than two (2) years, or by both such fine and imprisonment, in the discretion of the court.
SECTION 2. This act shall take effect and be in force from and after its passage.