Adopted
AMENDMENT NO 1 TO COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 995
BY: Senator(s) Watson
AMEND lines 358 through 360 by striking the language after the period on line 358 through the period on line 360 and insert in lieu thereof the following:
The holder of a distillery retailer's permit is not required to purchase the alcoholic beverages authorized to be sold by this paragraph from the department's liquor distribution warehouse; however, if the holder does not purchase the alcoholic beverages from the department's liquor distribution warehouse, the holder shall pay to the department all taxes, fees and surcharges on the alcoholic beverages that are imposed upon the sale of alcoholic beverages shipped by the Alcoholic Beverage Control Division of the Department of Revenue.
FURTHER AMEND by inserting the following after line 602 and renumber subsequent section(s) accordingly:
SECTION *. Section 67-1-41, Mississippi Code of 1972, is amended as follows:
67-1-41. (1) The * * * department is
hereby created a wholesale distributor and seller of alcoholic beverages, not
including malt liquors, within the State of Mississippi. It is granted the
sole right to import and sell intoxicating
liquors at wholesale within the state, and no person who is granted the right
to sell, distribute or receive intoxicating
liquors at retail shall purchase any intoxicating liquors from any source other
than the * * *
department except as authorized in subsections (4) and (9). The * * * department may establish
warehouses, purchase intoxicating liquors in such quantities and from such
sources as it may deem desirable and sell the intoxicating
liquors to authorized permittees within the state including, at the
discretion of the * * *
department, any retail distributors operating within any military post
or qualified resort areas within the boundaries of the state, keeping a correct
and accurate record of all such transactions and exercising such control over
the distribution of alcoholic beverages as seem right and proper in keeping
with the provisions or purposes of this chapter.
(2) No person for the purpose of sale shall manufacture, distill, brew, sell, possess, export, transport, distribute, warehouse, store, solicit, take orders for, bottle, rectify, blend, treat, mix or process any alcoholic beverage except in accordance with authority granted under this chapter, or as otherwise provided by law for native wines.
(3) No alcoholic beverage intended for sale or resale shall be imported, shipped or brought into this state for delivery to any person other than as provided in this chapter, or as otherwise provided by law for native wines.
(4) The * * * department may promulgate
rules and regulations which authorize on-premises retailers to purchase limited
amounts of alcoholic beverages from package retailers and for package retailers
to purchase limited amounts of alcoholic beverages from other package
retailers. The * * *
department shall develop and provide forms to be completed by the on-premises
retailers and the package retailers verifying the transaction. The completed
forms shall be forwarded to the * * * department within a period of
time prescribed by the * * *
department.
(5) The * * * department may promulgate
rules which authorize the holder of a package retailer's permit to permit
individual retail purchasers of packages of alcoholic beverages to return, for
exchange, credit or refund, limited amounts of original sealed and unopened
packages of alcoholic beverages purchased by the
individual from the package retailer.
(6) The * * * department shall maintain all
forms to be completed by applicants necessary for licensure by the * * * department at all district
offices of the * * *
department.
(7) The * * * department may promulgate
rules which authorize the manufacturer of an alcoholic beverage or wine to
import, transport and furnish or give a sample of alcoholic beverages or wines
to the holders of package retailer's permits, on-premises retailer's permits, native
wine retailer's permits and temporary retailer's permits who have not
previously purchased the brand of that manufacturer from the * * * department. For each holder
of the designated permits, the manufacturer may furnish not more than five
hundred (500) milliliters of any brand of alcoholic beverage and not more than
three (3) liters of any brand of wine.
(8) The * * * department may promulgate
rules disallowing open product sampling of alcoholic beverages or wines by the
holders of package retailer's permits and permitting open product sampling of
alcoholic beverages by the holders of on-premises retailer's permits.
Permitted sample products shall be plainly identified "sample" and
the actual sampling must occur in the presence of the manufacturer's
representatives during the legal operating hours of on-premises retailers.
(9) The * * * department may promulgate
rules and regulations that authorize the holder of a research permit to import
and purchase limited amounts of alcoholic beverages from importers, wineries
and distillers of alcoholic beverages or from the * * * department. The * * * department shall develop and
provide forms to be completed by the research permittee verifying each transaction.
The completed forms shall be forwarded to the * * * department within a period of
time prescribed by the * * *
department. The records and inventory of alcoholic beverages shall be
open to inspection at any time by the Director of the Alcoholic Beverage
Control Division or any duly authorized agent.
(10) This section shall not apply to alcoholic beverages authorized to be sold by the holder of a distillery retailer's permit.
FURTHER AMEND line 10 of the title by inserting the following after the semicolon:
TO PROVIDE THAT THE HOLDER OF A DISTILLERY RETAILER'S PERMIT IS NOT REQUIRED TO PURCHASE THE ALCOHOLIC BEVERAGES AUTHORIZED TO BE SOLD BY THIS ACT FROM THE DEPARTMENT'S LIQUOR DISTRIBUTION WAREHOUSE; TO PROVIDE THAT THE HOLDER OF SUCH A PERMIT SHALL PAY TO THE DEPARTMENT ALL APPLICABLE TAXES;
FURTHER AMEND line 19 of the title by inserting the following after the semicolon:
TO AMEND SECTION 67-1-41, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO;