Senate Bill 2682

AN ACT TO CREATE NEW SECTION 63-3-1217, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE CONSUMPTION OF ALCOHOL AND THE POSSESSION OF AN OPEN CONTAINER OF ALCOHOL WHILE OPERATING A VEHICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 63-3-1217, Mississippi Code of 1972:

63-3-1217. (1) This section may be referred to as the Mississippi Open Container Law.

(2) For the purposes of this section:

(a) "Alcohol" means an alcoholic beverage as defined in Section 67-1-5, or light wine or beer as defined in Section 67-3-1.

(b) "Open container" means any container not exempted in this section that contains alcohol and that is not in its originally sealed condition as produced by the manufacturer.

(3) (a) It is unlawful for a person to consume alcohol while operating a motor vehicle on a public highway or right-of-way.

(b) It is unlawful for a person to possess an open container while operating a motor vehicle on a public highway or right-of-way. An operator is in possession of an open container when it is not located:

(i) In the trunk of the motor vehicle;

(ii) In a locked glove compartment;

(iii) On a motorcycle;

(iv) Behind the last upright seat in a passenger van, station wagon, hatchback, sport utility vehicle or similar vehicle that is not equipped with a trunk;

(v) Behind a solid partition that separates the vehicle operator from the area normally occupied by passengers;

(vi) In the living quarters of a motor home or recreational vehicle;

(vii) In the passenger area of a motor vehicle designed, maintained or used primarily for transportation of persons for compensation, including a bus, van, taxi or limousine, while the operator is actually engaged in transporting one or more people for compensation; or

(viii) In a truck bed or cargo compartment.

(3) (a) Nothing in this section prohibits transporting beer, light wine and alcoholic beverages in the manufacturer's sealed container without regard to its location in the vehicle.

(b) Nothing in this section prohibits the possession of an open container:

(i) By a passenger in the living quarters of a parked motor home or recreational vehicle;

(ii) By a passenger who is not operating a motor vehicle that is being operated by a person actually engaged in the business of transporting passengers for compensation; or

(iii) By a vehicle operator or passenger who is the patron of a holder of an on-premises retailer's permit if the patron is in compliance with Section 67-1-51(1)(c) as to removal of a bottle of wine from the licensed premises.

(4) A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) and not more than Two Hundred Dollars ($200.00).

(5) Unless the offender refuses to sign and accept the citation for a violation of this section, a law enforcement offender shall issue a citation in lieu of continued custody as provided in Section 99-3-18; this subsection (5) does not preclude the arrest and taking into custody of the offender for a different offense that is outside the scope of Section 99-3-18, including, but not limited to, an offense under the Mississippi Implied Consent Law.

(6) All local ordinances dealing with the consumption of alcohol or possession of an open container by a motor vehicle operator or passenger are preempted by this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.