Senate Bill 2538

AN ACT TO AMEND SECTION 67-3-53, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A RETAIL DEALER OF LIGHT WINE OR BEER WHO IS ALSO THE HOLDER OF A MANUFACTURER'S PERMIT, CLASS 1, DISTILLER AND/OR RECTIFIER'S PERMIT, WHO DOES NOT HOLD AN ON-PREMISES PERMIT UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW AND WHOSE RETAIL DEALERSHIP IS ON THE PREMISES OF THE DISTILLERY, MAY KEEP AND STORE DISTILLED SPIRITS MANUFACTURED AT THE DISTILLERY ON THE PREMISES OF THE DISTILLERY IF THE DISTILLED SPIRITS ARE KEPT AT A LOCATION SEPARATE FROM THE AREA IN WHICH RETAIL SALES OF LIGHT WINE OR BEER OCCUR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 67-3-53, Mississippi Code of 1972, is amended as follows:

67-3-53. (1) In addition to any act declared to be unlawful by this chapter, or by Sections 27-71-301 through 27-71-347, and Sections 67-3-17, 67-3-27, 67-3-29 and 67-3-57, it shall be unlawful for the holder of a permit authorizing the sale of beer or light wine at retail or for the employee of the holder of such a permit:

(a) To sell or give to be consumed in or upon any licensed premises any beer or light wine between the hours of midnight and seven o'clock the following morning or during any time the licensed premises may be required to be closed by municipal ordinance or order of the board of supervisors; however, in areas where the sale of alcoholic beverages is legal under the provisions of the Local Option Alcoholic Beverage Control Law and the hours for selling those alcoholic beverages have been extended beyond midnight for on-premises permittees under Section 67-1-37, the hours for selling beer or light wines are likewise extended in areas where the sale of beer and light wines is legal in accordance with the provisions of this chapter.

(b) To sell, give or furnish any beer or light wine to any person visibly or noticeably intoxicated, or to any habitual drunkard, or to any person under the age of twenty-one (21) years.

(d) To permit loud, boisterous or disorderly conduct of any kind upon the premises or to permit the use of loud musical instruments if either or any of the same may disturb the peace and quietude of the community in which the business is located.

(e) To permit persons of ill repute, known criminals, prostitutes or minors to frequent the licensed premises, except minors accompanied by parents or guardians, or under proper supervision.

(f) To permit or suffer illegal gambling or the operation of illegal games of chance upon the licensed premises.

(g) Except as otherwise provided in subsection (2) of this section, to receive, possess or sell on the licensed premises any beverage of any kind or character containing more than five percent (5%) of alcohol by weight except any beer containing not more than eight percent (8%) of alcohol by weight, unless the licensee also possesses an on-premises permit under the Local Option Alcoholic Beverage Control Law.

(h) To accept as full or partial payment for any product any coupons that are redeemed directly or indirectly from a manufacturer, wholesaler or distributor of light wine or beer.

(2) A retail dealer of light wine and beer who is also the holder of a manufacturer's permit, Class 1, distiller and/or rectifier's permit, who does not hold an on-premises permit under the Local Option Alcoholic Beverage Control Law and whose retail dealership is on the premises of the distillery, may keep and store distilled spirits manufactured at the distillery on the premises of the distillery if the distilled spirits are kept at a location separate from the area in which retail sales of light wine or beer occur.

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