MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Ways and Means
By: Representatives DeLano, Sykes
AN ACT TO AMEND SECTION 67-1-57, MISSISSIPPI CODE OF 1972, TO
PROVIDE THAT A FELONY CONVICTION WILL NOT AUTOMATICALLY DISQUALIFY A PERSON FROM BEING APPROVED FOR A MANAGER'S PERMIT UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW PROVIDED THE PERSON WAS RELEASED FROM INCARCERATION FOR THE CONVICTION AT LEAST FIVE YEARS PRIOR TO APPLICATION FOR APPROVAL AS A MANAGER; TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST CONSIDER SUCH FELONY CONVICTION IN DETERMINING WHETHER ALL OTHER QUALIFICATIONS ARE MET WHEN DETERMINING WHETHER TO APPROVE THE PERSON FOR A MANAGER'S PERMIT; 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 * * *
department 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, or if a limited liability company, each member of the limited liability company, 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 the business or that he will designate a manager to manage the business for
him * * *.
* * * All
managers must be approved by the * * * department prior to completing
any managerial tasks on behalf of the permittee and must possess all of the
qualifications required of a permittee, except that a felony conviction
shall not automatically disqualify a person from being approved as a manager so
long as the person was released from incarceration for such conviction at least
five (5) years prior to application for approval as a manager. The department
must consider such felony conviction in determining whether all other
qualifications are met when determining whether to approve the person as a
manager.
(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 limited liability company, each member of the limited liability company 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 * * *
department.
(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 * * * department 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 * * * department has not, in the
exercise of its discretion which is reserved and preserved to it, refused to
grant 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 department 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 * * * department.
(l) That the applicant
and the applicant's key employees, as determined by the * * * department, do not have a
disqualifying criminal record. In order to obtain a criminal record
history check, the applicant shall submit to the * * * department a set of
fingerprints from any local law enforcement agency for each person for whom the
records check is required. The * * * department shall forward the
fingerprints to the Mississippi Department of Public Safety. If no
disqualifying record is identified at the state level, the 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. The * * * department shall not deny
employment to an employee of the applicant prior to the identification of a
disqualifying record or other disqualifying information.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.