Senate Bill 2875

AN ACT TO PROVIDE THAT A HOLDER OF A PERMIT TO MANUFACTURE BEER WHO OPERATES A BREWERY MAY PROVIDE LIMITED AMOUNTS OF BEER ON THE PREMISES OF THE BREWERY FOR TASTING OR SAMPLING; TO PROVIDE THAT BEER PROVIDED FOR TASTING OR SAMPLING MUST BE MANUFACTURED IN THIS STATE BY THE HOLDER OF THE PERMIT; TO PROVIDE THAT BEER SAMPLES MAY BE PROVIDED ONLY TO PERSONS ON THE PREMISES OF A BREWERY AT NO COST AND FOR CONSUMPTION ON THE PREMISES OF THE BREWERY; TO PROVIDE THE TIMES DURING WHICH BEER SAMPLES MAY BE PROVIDED AND THAT THE SAMPLES MUST BE PROVIDED IN CONJUNCTION WITH A TOUR OF THE BREWERY; TO LIMIT THE AMOUNT OF BEER SAMPLES THAT MAY BE PROVIDED TO AN INDIVIDUAL WITHIN A TWENTY-FOUR-HOUR PERIOD; TO BRING FORWARD SECTIONS 67-3-45, 67-3-46, 67-3-51 AND 67-3-55, MISSISSIPPI CODE OF 1972, WHICH ARE SECTIONS OF THE LAWS REGULATING THE MANUFACTURING, SALE AND DISTRIBUTION OF LIGHT WINE AND BEER, FOR THE PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 27-71-301, WHICH PROVIDES DEFINITIONS FOR PURPOSES OF THE LAWS TAXING LIGHT WINE AND BEER, FOR THE PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) A person having a permit to manufacture or brew beer under this chapter and who operates a brewery may offer and provide limited amounts of beer on the premises of the brewery for the purpose of tasting or sampling subject to the following conditions:

(a) The beer provided for tasting or sampling must be manufactured in the State of Mississippi by the holder of the permit;

(b) The beer may be provided only to persons on the premises of the brewery at no cost and for consumption on the premises of the brewery;

(c) The beer may be provided for tasting or sampling between the hours of 8:00 a.m. and 10:00 p.m. on the same day and only in conjunction with a structured tour of the brewery and related facilities which must include the entire manufacturing and brewing processes and methods used at the brewery;

(d) No one under twenty-one (21) years of age may participate in the tasting or sampling and a sign indicating such shall be placed in a visible location at the entrance to the area where the tasting or sampling will be conducted;

(e) An individual size sample of beer shall not exceed six (6) ounces and no more than six (6) samples of beer may be provided to an individual within a twenty-four-hour period; and

(f) The holder of the license operating the brewery shall keep an accurate accounting of the various beers provided and consumed as samples.

(2) For the purposes of this section, the term "brewery" means and has the same definition as that term has in 26 USCS 5402.

SECTION 2. Section 67-3-45, Mississippi Code of 1972, is brought forward as follows:

67-3-45. No manufacturer, distributor or wholesale dealer to whom or to which this chapter applies shall:

(a) Make any loan, directly or indirectly, or furnish any fixtures of any kind, directly or indirectly, to any retail dealer in light wines and/or beer;

(b) Have any interest, direct or indirect, in the business of or in the furnishings or fixtures or in the premises used by any such retail dealer in connection with his or its business;

(d) Sell light wines and/or beer to any such retail dealer on credit.

This section shall not apply to a brewpub licensed pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972.

SECTION 3. Section 67-3-46, Mississippi Code of 1972, is brought forward as follows:

67-3-46. (1) The provisions of subsection (2) of this section apply to the following entities:

(a) Any person engaged in the business of brewing or manufacturing beer or in the business of manufacturing or producing light wines;

(b) An officer, director, agent or employee of an entity described in paragraph (a) of this subsection;

(c) An affiliate of an entity described in paragraph (a) of this subsection, regardless of whether the affiliation is corporate or by management, direction or control.

(2) No entity named in subsection (1) of this section may have any interest in the license, business, assets or corporate stock of a wholesaler or distributor to whom this chapter applies, except a security interest granted to the entity of the type provided for the uniform commercial code in products sold to a wholesaler or distributor until the full purchase price has been paid therefor.

SECTION 4. Section 67-3-51, Mississippi Code of 1972, is brought forward as follows:

67-3-51. It shall be unlawful for any person to sell, or offer to sell, or keep for sale any bottled beer or bottled light wine except the same be in the original bottle or in the original package containing bottles, each of which bottles shall bear the original label and the full name of the brewer or manufacturer of the contents of such bottle, both on the label and on the cap or cork of such bottle in the case of beer, and on the label only in the case of light wine.

It shall be unlawful for any person to sell, or offer for sale, or keep for sale any beer or light wine in the original package or packages unless each such original package (whether barrel or other container, and whether containing liquor in bottles or otherwise) shall have plainly stamped on the container or label for each such container the full name of the manufacturer of the liquor therein contained.

It shall be unlawful for any person to sell on draught any beer or light wine except the same be drawn from the original barrel or other container, which such container shall have plainly stamped on each end thereof the full name of the manufacturer of such liquor.

SECTION 5. Section 67-3-55, Mississippi Code of 1972, is brought forward as follows:

67-3-55. (1) It shall be unlawful for any retailer to possess for purpose of sale, to sell, or to offer to sell any light wine or beer which was not purchased from a wholesaler in this state who has a permit to sell such light wine or beer, except for beer or light wine that was brewed on the premises of the retailer who holds a permit as a brewpub pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972.

(2) It shall be unlawful for any wholesaler to possess for purpose of sale, to sell, or to offer to sell any light wine or beer which was not purchased from a manufacturer or importer of a foreign manufacturer authorized to sell such light wine or beer in this state.

SECTION 6. Section 27-71-301, Mississippi Code of 1972, is brought forward as follows:

27-71-301. When used in this article the words and terms hereafter mentioned shall have the following definitions:

(a) "State Auditor" means the State Auditor of Public Accounts of the State of Mississippi or any legally appointed deputy, clerk or agent.

(b) "Person" includes all natural persons or corporations, a partnership, an association, a joint venture, an estate, a trust, or any other group or combination acting as a unit and shall include the plural as well as the singular unless an intention to give another meaning thereto is disclosed in the context.

(c) "Consumer" means a person who comes into the possession of beer or light wine, the sale of which is authorized by Chapter 3 of Title 67, Mississippi Code of 1972, for the purpose of consuming it, giving it away or otherwise disposing of it in any manner except by sale, barter or exchange.

(d) "Retailer" means any person who comes into the possession of such light wines or beer for the purpose of selling it to the consumer, or giving it away, or exposing it where it may be taken or purchased or acquired in any other manner by the consumer.

(e) "Wholesaler" means any person who comes into possession of such light wine or beer for the purpose of selling, distributing, or giving it away to retailers or other wholesalers or dealers inside or outside of this state.

(f) "Commissioner" means the Commissioner of Revenue of the Department of Revenue or his duly appointed agents or employees.

(g) "Sale" includes the exchange of such light wines or beer for money, or giving away or distributing any such light wines or beer for anything of value.

(h) "Light wines or beer" means beer and light wines legalized for sale by the provisions of Chapter 3 of Title 67, Mississippi Code of 1972.

(i) "Distributor" includes every person who receives either from within or from without this state, from a brewery, a winery or any other source, light wines or beer as defined in Chapter 3 of Title 67, Mississippi Code of 1972, for the purpose of distributing or otherwise disposing of such light wines or beer to a wholesaler or retailer of such light wines or beer.

(j) "Brewpub" means the premises of any restaurant, as defined in Section 67-1-5, Mississippi Code of 1972, in which light wine or beer is manufactured or brewed, subject to the production limitation imposed in Section 67-3-22, for consumption exclusively on the premises. "Premises," for the purpose of this paragraph (j) for a brewpub operated by a hospitality operator, means only those areas immediately adjacent and connected to the brewing facility where food is normally sold and consumed. "Premises," for the purposes of this paragraph (j) for a brewpub not operated by a hospitality operator, means those areas normally used by the brewpub to conduct business and shall include the selling areas, brewing areas and storage areas. For purposes of this paragraph (j), hospitality operator shall have the meaning ascribed to such term in Section 67-33-22.

(k) "Hospitality cart" means a mobile cart from which alcoholic beverages and light wine and beer are sold on a golf course and for which a hospitality cart permit has been issued under Section 67-1-51.

SECTION 7. Section 1 of this act shall be codified as a separate Section in Chapter 3, Title 67, Mississippi Code of 1972.

SECTION 8. This act shall take effect and be in force from and after July 1, 2011.