Senate Bill 2747

AN ACT TO AMEND SECTION 67-1-14, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY MUNICIPALITY WITH A POPULATION OF NOT LESS THAN 5,000 ACCORDING TO THE LATEST FEDERAL DECENNIAL CENSUS THAT IS LOCATED IN A COUNTY THAT HAS VOTED AGAINST COMING OUT FROM UNDER THE DRY LAW MAY CONDUCT A LOCAL OPTION ELECTION ON THE QUESTION OF WHETHER ALCOHOLIC BEVERAGES MAY BE SOLD OR POSSESSED IN THE MUNICIPALITY; TO PROVIDE THAT IF A MUNICIPALITY THAT HAS VOTED TO PERMIT THE SALE, AND THE RECEIPT, STORAGE AND TRANSPORTATION FOR THE PURPOSE OF SALE, OF ALCOHOLIC BEVERAGES EXTENDS ITS BOUNDARIES INTO A COUNTY THAT HAS VOTED AGAINST COMING OUT FROM UNDER THE DRY LAW, THEN THE SALE, AND THE RECEIPT, STORAGE AND TRANSPORTATION FOR THE PURPOSE OF SALE, OF ALCOHOLIC BEVERAGES SHALL NOT BE PERMITTED IN THE PORTION OF SUCH MUNICIPALITY EXTENDED INTO SUCH A COUNTY UNLESS AUTHORIZED BY AN ELECTION HELD FOR THAT PURPOSE AFTER THE DATE THE BOUNDARIES OF SUCH MUNICIPALITY ARE EXTENDED INTO SUCH A COUNTY; TO AMEND SECTION 67-3-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY CITY TO CONDUCT A LOCAL OPTION ELECTION ON THE QUESTION OF WHETHER LIGHT WINE AND BEER MAY BE SOLD ORPOSSESSED IN THE MUNICIPALITY; TO PROVIDE THAT IF A MUNICIPALITY THAT HAS VOTED TO PERMIT THE SALE, AND THE RECEIPT, STORAGE AND TRANSPORTATION FOR THE PURPOSE OF SALE, OF BEER OF AN ALCOHOLIC CONTENT OF NOT MORE THAN 5% BY WEIGHT EXTENDS ITS BOUNDARIES INTO A COUNTY THAT HAS VOTED AGAINST ALLOWING THE TRANSPORTATION, STORAGE, SALE, DISTRIBUTION, RECEIPT AND/OR MANUFACTURE OF BEER OF AN ALCOHOLIC CONTENT OF NOT MORE THAN 5%, THEN THE SALE, AND THE RECEIPT, STORAGE AND TRANSPORTATION FOR THE PURPOSE OF SALE, OF BEER OF AN ALCOHOLIC CONTENT OF NOT MORE THAN 5% BY WEIGHT SHALL NOT BE PERMITTED IN THE PORTION OF SUCH MUNICIPALITY EXTENDED INTO SUCH A COUNTY UNLESS AUTHORIZED BY AN ELECTION HELD FOR THAT PURPOSE AFTER THE DATE THE BOUNDARIES OF SUCH MUNICIPALITY ARE EXTENDED INTO SUCH A COUNTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 67-1-14, Mississippi Code of 1972, is amended as follows:

67-1-14. (1) The legalizing provisions of this chapter may be effective, applicable and operative in any municipality located in a county which has voted against coming out from under the dry law if a local option election shall be called and held in the municipality in the manner and with the results hereinafter provided.

(2) (a) Any municipality in this state having a population of not less than five thousand (5,000) according to the latest federal census * * * and which is located in a county which has voted against coming out from under the dry law, may, at an election held for the purpose under the election laws applicable to the municipality, either prohibit or permit, except as otherwise provided under Section 67-9-1, the sale, and the receipt, storage and transportation for the purpose of sale, of alcoholic beverages. An election to determine whether such sale and possession shall be permitted in municipalities wherein its sale and possession is prohibited by law shall be ordered by the municipal governing authorities upon the presentation of a petition to such governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of such municipality asking for such election. In like manner, an election to determine whether such sale and possession shall be prohibited in municipalities wherein its sale is permitted by law shall be ordered by the municipal governing authorities upon the presentation of a petition to such governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of such municipality asking for such election. No election on either question shall be held by any one (1) municipality more often than once each year.

Thirty (30) days' notice shall be given to the qualified electors of such municipality, in the manner prescribed by law, upon the question of either permitting or prohibiting such sale and possession, such notice to contain a statement of the question to be voted on at the election. The ballots to be used in the election shall have the following words printed thereon: "For the legal sale of alcoholic liquors," and the words "Against the legal sale of alcoholic liquors" next below. In marking his ballot the voter shall make a cross (X) opposite the words of his choice.

If in the election a majority of the qualified electors voting in the election shall vote "for the legal sale of alcoholic liquors," then the municipal governing authorities shall pass the necessary order permitting the legal sale of such alcoholic beverages in such municipality. If in the election a majority of the qualified electors voting in the election shall vote "against the legal sale of alcoholic liquors," then the municipal governing authorities shall pass the necessary order prohibiting the sale of alcoholic beverages in such municipality.

(b) The provisions of this subsection shall also apply to any municipality having a population of not less than five thousand (5,000) according to the latest federal census, a portion of which is located in a county which has voted against coming out from under the dry law and a portion of which is located in a county which has voted in favor of coming out from under the dry law. * * * The * * * election authorized in this subsection shall be ordered by the municipal governing authorities upon the presentation of a petition to such governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of such municipality who reside in that portion of the municipality located in a county which has voted against coming out from under the dry law and the election shall be held only in that portion of the municipality. In all other respects, the authority for the holding of elections and the manner in which such elections shall be conducted shall be as prescribed in paragraph (a) of this subsection; and, after proper certification of election results, the municipal governing authorities shall pass the appropriate order to permit or prohibit the legal sale of alcoholic beverages in that portion of the municipality located in a county which has voted against coming out from under the dry law.

If a municipality that has voted to permit the sale, and the receipt, storage and transportation for the purpose of sale, of alcoholic beverages extends its boundaries after July 1, 2010, into a county that has voted against coming out from under the dry law, then the sale, and the receipt, storage and transportation for the purpose of sale, of alcoholic beverages shall not be permitted in the portion of such municipality extended into such a county unless authorized by an election held for that purpose after the date the boundaries of such municipality are extended into such a county. The election shall be ordered by the municipal governing authorities upon the presentation of a petition to the governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of the municipality who reside in the portion of the municipality that was extended into a county that has voted against coming out from under the dry law, and the election shall be held only in that portion of the municipality. In all other respects, the authority for the holding of elections and the manner in which these elections shall be conducted shall be as prescribed in paragraph (a) of this subsection; and, after proper certification of election results, the municipal governing authorities shall pass the appropriate order to permit or prohibit the legal sale of alcoholic beverages in the portion of the municipality that was extended into a county that has voted against coming out from under the dry law.

(3) Nothing in this section shall make it unlawful to:

(a) Possess or consume light wine or beer at a qualified resort area as defined in Section 67-1-5;

(b) Sell, distribute and transport light wine or beer to a qualified resort area as defined in Section 67-1-5;

(c) Sell light wine or beer at a qualified resort area as defined in Section 67-1-5 if such light wine or beer is sold by a person with a permit to engage in the business as a retailer of light wine or beer.

SECTION 2. Section 67-3-9, Mississippi Code of 1972, is amended as follows:

67-3-9. (1) Any city in this state, * * * at an election held for the purpose, under the election laws applicable to such city, may either prohibit or permit, except as otherwise provided under Section 67-9-1, the sale and the receipt, storage and transportation for the purpose of sale of beer of an alcoholic content of not more than five percent (5%) by weight. An election to determine whether such sale shall be permitted in cities wherein its sale is prohibited by law shall be ordered by the city council or mayor and board of aldermen or other governing body of such city for such city only, upon the presentation of a petition for the city to the governing board containing the names of twenty percent (20%) of the duly qualified voters of such city asking for the election. In like manner, an election to determine whether such sale shall be prohibited in cities wherein its sale is permitted by law shall be ordered by the city council or mayor and board of aldermen or other governing board of the city for the city only, upon the presentation of a petition to the governing board containing the names of twenty percent (20%) of the duly qualified voters of the city asking for the election. No election on either question shall be held by any one (1) city oftener than once in two (2) years.

Thirty (30) days' notice shall be given to the qualified electors of such city in the manner prescribed by law upon the question of either permitting or prohibiting such sale. The notice shall contain a statement of the question to be voted on at said election. The ballots to be used in the election shall have the following words printed thereon: "For the legal sale of beer of an alcoholic content of not more than five percent (5%) by weight"; and the words "Against the legal sale of beer of an alcoholic content of not more than five percent (5%) by weight," next below. In making up his ticket the voter shall make a cross (X) opposite the words of his choice.

If in the election a majority of the qualified electors voting in the election shall vote "For the legal sale of beer of an alcoholic content of not more than five percent (5%) by weight," then the city council or mayor and board of aldermen or other governing body shall pass the necessary order permitting the legal sale of such beer in such city. If in the election a majority of the qualified electors voting in the election shall vote "Against the legal sale of beer of an alcoholic content of not more than five percent (5%) by weight," then the city council or mayor and board of aldermen or other governing body shall pass the necessary order prohibiting the sale of such beer in such city.

If a municipality that has voted to permit the sale, and the receipt, storage and transportation for the purpose of sale, of beer of an alcoholic content of not more than five percent (5%) by weight extends its boundaries after July 1, 2010, into a county that has voted against permitting the transportation, storage, sale, distribution, receipt and/or manufacture of beer of an alcoholic content of not more than five percent (5%) by weight, then the sale, and the receipt, storage and transportation for the purpose of sale, of beer of an alcoholic content of not more than five percent (5%) by weight shall not be permitted in the portion of such municipality extended into the county unless authorized by an election held for that purpose after the date the boundaries of such municipality are extended into the county. The election shall be ordered by the municipal governing authorities upon the presentation of a petition to such governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of the municipality who reside in the portion of the municipality that was extended into a county that has voted against permitting the transportation, storage, sale, distribution, receipt and/or manufacture of beer of an alcoholic content of not more than five percent (5%) by weight, and the election shall be held only in such portion of the municipality. In all other respects, the authority for the holding of elections and the manner in which such elections shall be conducted shall be as prescribed in this section; and, after proper certification of election results, the municipal governing authorities shall pass the necessary order to permit or prohibit the sale of beer in the portion of the municipality that was extended into the county.

All laws or parts of laws in conflict with this section are hereby repealed to the extent of such conflict only, this section being cumulative and supplementary.

(3) Nothing in this section shall make it unlawful to:

(a) Possess or consume light wine or beer at a qualified resort area as defined in Section 67-1-5;

(b) Sell, distribute and transport light wine or beer to a qualified resort area as defined in Section 67-1-5;

SECTION 3. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.