MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Ways and Means
By: Representative Lamar
AN ACT TO AMEND SECTION 67-1-3, MISSISSIPPI CODE OF 1972, TO RENOUNCE PROHIBITION AS THE POLICY OF THIS STATE AS TO THE POSSESSION OF ALCOHOLIC BEVERAGES; TO AMEND SECTIONS 67-1-7, 67-1-9, 67-1-11, 67-1-14 AND 67-1-51, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTIONS 67-3-7, 67-3-11 AND 67-3-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE POSSESSION OF BEER AND LIGHT WINE THROUGHOUT THE STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-3, Mississippi Code of 1972, is amended as follows:
67-1-3. The policy of this
state is reannounced in favor of prohibition of the manufacture, sale,
distribution, * * *
and transportation of * * * alcoholic beverages; and the provisions against such
manufacture, sale, distribution, * * * and transportation of * * * alcoholic beverages,
as contained in Chapter 31 of Title 97, Mississippi Code of 1972 and elsewhere,
are hereby redeclared the law of this state. The purpose and intent of this
chapter is to vigorously enforce the prohibition laws throughout the state,
except in those counties and municipalities voting themselves out from under
the prohibition law in accordance with the provisions of this chapter, and, in
those counties and municipalities, to require strict regulation and supervision
of the manufacture, sale, distribution, * * * and transportation of intoxicating
liquor under a system of state licensing of manufacturers, wholesalers and
retailers, which licenses shall be subject to revocation for violations of this
chapter. However, from and after January 1,
2021, prohibition is renounced as to the possession of alcoholic beverages. It
shall thereafter be lawful to possess alcoholic beverages throughout the state,
unless otherwise prohibited in this chapter.
Nothing herein shall be construed to make lawful the possession of alcoholic
beverages with the intent to sell except as aithorized under this chapter.
All laws and parts of laws
in conflict with this chapter are repealed only to the extent of such conflict;
however, except as is provided in this chapter, all laws prohibiting the
manufacture, sale, and distribution * * * of alcoholic beverages, which
are not in conflict with this chapter shall remain in full force and effect,
and all such laws shall remain in full force and effect in counties and
municipalities wherein the manufacture, sale, and distribution * * * of alcoholic beverages has not
been authorized as a result of an election held under Section 67-1-11 or
Section 67-1-14, Mississippi Code of 1972, or as otherwise provided in this
chapter.
SECTION 2. Section 67-1-7, Mississippi Code of 1972, is amended as follows:
67-1-7. (1) Except as
otherwise provided in Section 67-9-1 for the transportation and possession of
limited amounts of alcoholic beverages for the use of an alcohol processing
permittee, and subject to all of the provisions and restrictions contained in
this chapter, the manufacture, sale, distribution, * * * and transportation of alcoholic
beverages shall be lawful, subject to the restrictions hereinafter imposed, in
those counties and municipalities of this state in which, at a local option
election called and held for that purpose under the provisions of this chapter,
a majority of the qualified electors voting in such election shall vote in
favor thereof. * * * The manufacture,
sale, distribution and possession of native wines shall be lawful in any
location within any such county except those locations where the manufacture,
sale or distribution is prohibited by law other than this section or by
regulations of the * * *
department.
(2) Notwithstanding the foregoing, within any state park or any state park facility that has been declared a qualified resort area by the commission, and within any qualified resort area as defined under Section 67-1-5(o)(iii), an on-premises retailer's permit may be issued for the qualified resort area, and the permittee may lawfully sell alcoholic beverages for consumption on his licensed premises regardless of whether or not the county or municipality in which the qualified resort area is located has voted in favor of coming out from under the dry law, and it shall be lawful to receive, store, sell, possess and consume alcoholic beverages on the licensed premises, and to sell, distribute and transport alcoholic beverages to the licensed premises.
SECTION 3. Section 67-1-9, Mississippi Code of 1972, is amended as follows:
67-1-9. (1) It shall be
unlawful for any person to manufacture, distill, brew, sell, * * * import into this state, export from
the state, transport, distribute, warehouse, store, solicit, take order for,
bottle, rectify, blend, treat, mix or process any alcoholic beverage except as
authorized in this chapter. However, nothing contained herein shall prevent
importers, wineries and distillers of alcoholic beverages from storing such
alcoholic beverages in private bonded warehouses located within the State of
Mississippi for the ultimate use and benefit of the Department of Revenue as
provided in Section 67-1-41. The department is hereby authorized to promulgate
rules and regulations for the establishment of such private bonded warehouses
and for the control of alcoholic beverages stored in such warehouses.
Additionally, nothing herein contained shall prevent any duly licensed
practicing physician or dentist from possessing or using alcoholic liquor in
the strict practice of his profession, or prevent any hospital or other
institution caring for sick and diseased persons, from possessing and using
alcoholic liquor for the treatment of bona fide patients of such hospital or
other institution. Any drugstore employing a licensed pharmacist may possess
and use alcoholic liquors in the combination of prescriptions of duly licensed
physicians. The possession and dispensation of wine by an authorized
representative of any church for the purpose of conducting any bona fide rite
or religious ceremony conducted by such church shall not be prohibited by this
chapter.
(2) Any person, upon conviction of any provision of this section, shall be punished as follows:
(a) By a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than one (1) week nor more than three (3) months, or both, for the first conviction under this section.
(b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail not less than sixty (60) days, nor more than six (6) months, or both fine and imprisonment, for the second conviction for violating this section.
(c) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the State Penitentiary not less than one (1) year, nor more than five (5) years, or both fine and imprisonment, for conviction the third time under this section for the violation thereof after having been twice convicted of its violation.
(3) Nothing in this section shall make it unlawful to transport bottles or containers of alcoholic beverages that are legally purchased in this state if the bottles or containers are unopened and are being transported on state or federal highway.
SECTION 4. Section 67-1-11, Mississippi Code of 1972, is amended as follows:
67-1-11. (1) Notwithstanding any provision of this chapter, the legalizing provisions of this chapter, except as authorized under Section 67-9-1 and Section 67-1-7(2), shall not be effective, applicable or operative in any county unless and until a local option election shall be called and held in such county in the manner and with the results hereinafter provided.
(2) Upon presentation and
filing of a proper petition requesting same signed by at least twenty percent
(20%) or fifteen hundred (1,500), whichever number is the lesser, of the
qualified electors of the county, it shall be the duty of the board of
supervisors to call an election at which there shall be submitted to the
qualified electors of the county the question of whether or not the sale * * * and distribution * * * of alcoholic * * * beverages shall be permitted in
such county as provided in this chapter. Such election shall be held and
conducted by the county election commissioners on a date fixed by the order of
the board of supervisors, which date shall not be more than sixty (60) days
from the date of the filing of said petition. Notice thereof shall be given by
publishing such notice once each week for at least three (3) consecutive weeks
in some newspaper published in said county or, if no newspaper be published
therein, by such publication in a newspaper in an adjoining county and having a
general circulation in the county involved. The election shall be held not
earlier than fifteen (15) days from the first publication of such notice.
(3) Said election shall be held and conducted as far as may be possible in the same manner as is provided by law for the holding of general elections. The ballots used thereat shall contain a brief statement of the proposition submitted and, on separate lines, the words "I vote FOR coming out from under the dry law in ________ County ( )" "I vote AGAINST coming out from under the dry law in ________ County ( )" with appropriate boxes in which the voters may express their choice. All qualified electors may vote by marking the ballot with a cross (x) or check (√) mark opposite the words of their choice.
(4) The election
commissioners shall canvass and determine the results of said election, and
shall certify same to the board of supervisors which shall adopt and spread
upon its minutes an order declaring such results. If, in such election, a
majority of the qualified electors participating therein shall vote in favor of
the proposition, this chapter shall become applicable and operative in such
county and the manufacture, sale, and distribution * * * of alcoholic beverages therein
shall be lawful to the extent and in the manner permitted hereby. If, on the
other hand, a majority of the qualified electors participating in the election
shall vote against the proposition, this chapter, except for Section 67-9-1 and
67-1-7(2), shall not become effective and operative in such county and, except
as otherwise provided under Section 67-9-1 and 67-1-7(2), all laws prohibiting
and regulating the manufacture, sale, and distribution * * * of * * * alcoholic beverages
shall remain in full force and effect and be administered and vigorously
prosecuted therein. In either case, no further election shall be held in said
county under the provisions of this chapter for a period of two (2) years from
the date of the prior election and then only upon the filing of a petition
requesting same signed by at least twenty percent (20%) or fifteen hundred
(1,500), whichever number is the lesser, of the qualified electors of the
county as is otherwise provided herein.
SECTION 5. Section 67-1-14, Mississippi Code of 1972, is amended as follows:
67-1-14. (1) The legalizing provisions of this chapter may be effective, applicable and operative in any municipality located in a county which has voted against coming out from under the dry law if a local option election shall be called and held in such municipality in the manner and with the results hereinafter provided.
(2) (a) Any municipality
in this state having a population of not less than five thousand (5,000)
according to the latest federal census and which is located in a county
which has voted against coming out from under the dry law, or any municipality
that is a county seat and which is located in a county which has voted against
coming out from under the dry law, may, at an election held for the purpose
under the election laws applicable to such municipality, either prohibit or
permit, except as otherwise provided under Section 67-9-1, the sale * * * of alcoholic beverages. An election to determine
whether such sale * * * shall be permitted in municipalities wherein its sale * * * is prohibited by law shall be
ordered by the municipal governing authorities upon the presentation of a
petition to such governing authorities containing the names of at least twenty
percent (20%) of the duly qualified voters of such municipality asking for such
election. In like manner, an election to determine whether such sale * * * shall be prohibited in
municipalities wherein its sale is permitted by law shall be ordered by the
municipal governing authorities upon the presentation of a petition to such
governing authorities containing the names of at least twenty percent (20%) of
the duly qualified voters of such municipality asking for such election. No
election on either question shall be held by any one (1) municipality more
often than once in two (2) years.
Thirty (30) days' notice
shall be given to the qualified electors of such municipality, in the manner
prescribed by law, upon the question of either permitting or prohibiting such
sale * * *,
such notice to contain a statement of the question to be voted on at the
election. The ballots to be used in the election shall have the following
words printed thereon: "For the legal sale of alcoholic * * * beverages" and the words
"Against the legal sale of alcoholic * * * beverages" next below. In
marking his ballot the voter shall make a cross (X) opposite the words of his
choice.
If in the election a
majority of the qualified electors voting in the election shall vote "for
the legal sale of alcoholic * * * beverages," then the municipal
governing authorities shall pass the necessary order permitting the legal sale
of such alcoholic beverages in such municipality. If in the election a
majority of the qualified electors voting in the election shall vote
"against the legal sale of alcoholic * * * beverages," then the
municipal governing authorities shall pass the necessary order prohibiting the
sale of alcoholic beverages in such municipality.
(b) The provisions of this subsection shall also apply to any municipality having a population of not less than six thousand (6,000) according to the latest federal census, a portion of which is located in a county which has voted against coming out from under the dry law and a portion of which is located in a county which has voted in favor of coming out from under the dry law. For the purpose of determining whether or not such a municipality meets the threshold population of six thousand (6,000) which will qualify the municipality to hold an election under this subsection, the entire population of the municipality shall be considered; however, the petition to hold the election authorized in this subsection shall be ordered by the municipal governing authorities upon the presentation of a petition to such governing authorities containing the names of at least twenty percent (20%) of the duly qualified voters of such municipality who reside in that portion of the municipality located in a county which has voted against coming out from under the dry law and the election shall be held only in that portion of the municipality. In all other respects, the authority for the holding of elections and the manner in which such elections shall be conducted shall be as prescribed in paragraph (a) of this subsection; and, after proper certification of election results, the municipal governing
authorities shall pass the appropriate order to permit or prohibit the legal sale of alcoholic beverages in that portion of the municipality located in a county which has voted against coming out from under the dry law.
(3) The governing
authorities of a municipality that has voted to come out from under the dry * * * law after August 23, 2012, may, by
ordinance, provide that alcoholic beverages may be sold in the municipality
only by the holder of an on-premises retailer's permit.
SECTION 6. Section 67-1-51, Mississippi Code of 1972, is amended as follows:
67-1-51. (1) Permits which may be issued by the department shall be as follows:
(a) Manufacturer's permit. A manufacturer's permit shall permit the manufacture, importation in bulk, bottling and storage of alcoholic liquor and its distribution and sale to manufacturers holding permits under this chapter in this state and to persons outside the state who are authorized by law to purchase the same, and to sell exclusively to the department.
Manufacturer's permits shall be of the following classes:
Class 1. Distiller's and/or rectifier's permit, which shall authorize the holder thereof to operate a distillery for the production of distilled spirits by distillation or redistillation and/or to operate a rectifying plant for the purifying, refining, mixing, blending, flavoring or reducing in proof of distilled spirits and alcohol.
Class 2. Wine manufacturer's permit, which shall authorize the holder thereof to manufacture, import in bulk, bottle and store wine or vinous liquor.
Class 3. Native wine producer's permit, which shall authorize the holder thereof to produce, bottle, store and sell native wines.
(b) Package retailer's permit. Except as otherwise provided in this paragraph and Section 67-1-52, a package retailer's permit shall authorize the holder thereof to operate a store exclusively for the sale at retail in original sealed and unopened packages of alcoholic beverages, including native wines, not to be consumed on the premises where sold. Alcoholic beverages shall not be sold by any retailer in any package or container containing less than fifty (50) milliliters by liquid measure. A package retailer's permit, with prior approval from the department, shall authorize the holder thereof to sample new product furnished by a manufacturer's representative or his employees at the permitted place of business so long as the sampling otherwise complies with this chapter and applicable department regulations. Such samples may not be provided to customers at the permitted place of business. In addition to the sale at retail of packages of alcoholic beverages, the holder of a package retailer's permit is authorized to sell at retail corkscrews, wine glasses, soft drinks, ice, juices, mixers and other beverages commonly used to mix with alcoholic beverages. Nonalcoholic beverages sold by the holder of a package retailer's permit shall not be consumed on the premises where sold.
(c) On-premises retailer's permit. Except as otherwise provided in subsection (5) of this section, an on-premises retailer's permit shall authorize the sale of alcoholic beverages, including native wines, for consumption on the licensed premises only; however, a patron of the permit holder may remove one (1) bottle of wine from the licensed premises if: (i) the patron consumed a portion of the bottle of wine in the course of consuming a meal purchased on the licensed premises; (ii) the permit holder securely reseals the bottle; (iii) the bottle is placed in a bag that is secured in a manner so that it will be visibly apparent if the bag is opened; and (iv) a dated receipt for the wine and the meal is available. Such a permit shall be issued only to qualified hotels, restaurants and clubs, and to common carriers with adequate facilities for serving passengers. In resort areas, whether inside or outside of a municipality, the department, in its discretion, may issue on-premises retailer's permits to such establishments as it deems proper. An on-premises retailer's permit when issued to a common carrier shall authorize the sale and serving of alcoholic beverages aboard any licensed vehicle while moving through any county of the state; however, the sale of such alcoholic beverages shall not be permitted while such vehicle is stopped in a county that has not legalized such sales. If an on-premises retailer's permit is applied for by a common carrier operating solely in the water, such common carrier must, along with all other qualifications for a permit, (i) be certified to carry at least one hundred fifty (150) passengers and/or provide overnight accommodations for at least fifty (50) passengers and (ii) operate primarily in the waters within the State of Mississippi which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi and/or on the Mississippi River or navigable waters within any county bordering on the Mississippi River.
(d) Solicitor's permit. A solicitor's permit shall authorize the holder thereof to act as salesman for a manufacturer or wholesaler holding a proper permit, to solicit on behalf of his employer orders for alcoholic beverages, and to otherwise promote his employer's products in a legitimate manner. Such a permit shall authorize the representation of and employment by one (1) principal only. However, the permittee may also, in the discretion of the department, be issued additional permits to represent other principals. No such permittee shall buy or sell alcoholic beverages for his own account, and no such beverage shall be brought into this state in pursuance of the exercise of such permit otherwise than through a permit issued to a wholesaler or manufacturer in the state.
(e) Native wine retailer's permit. Except as otherwise provided in subsection (5) of this section, a native wine retailer's permit shall be issued only to a holder of a Class 3 manufacturer's permit, and shall authorize the holder thereof to make retail sales of native wines to consumers for on-premises consumption or to consumers in originally sealed and unopened containers at an establishment located on the premises of or in the immediate vicinity of a native winery.
(f) Temporary retailer's permit. Except as otherwise provided in subsection (5) of this section, a temporary retailer's permit shall permit the purchase and resale of alcoholic beverages, including native wines, during legal hours on the premises described in the temporary permit only.
Temporary retailer's permits shall be of the following classes:
Class 1. A temporary one-day permit may be issued to bona fide nonprofit civic or charitable organizations authorizing the sale of alcoholic beverages, including native wine, for consumption on the premises described in the temporary permit only. Class 1 permits may be issued only to applicants demonstrating to the department, by a statement signed under penalty of perjury submitted ten (10) days prior to the proposed date or such other time as the department may determine, that they meet the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. Class 1 permittees shall obtain all alcoholic beverages from package retailers located in the county in which the temporary permit is issued. Alcoholic beverages remaining in stock upon expiration of the temporary permit may be returned by the permittee to the package retailer for a refund of the purchase price upon consent of the package retailer or may be kept by the permittee exclusively for personal use and consumption, subject to all laws pertaining to the illegal sale and possession of alcoholic beverages. The department, following review of the statement provided by the applicant and the requirements of the applicable statutes and regulations, may issue the permit.
Class 2. A temporary permit, not to exceed seventy (70) days, may be issued to prospective permittees seeking to transfer a permit authorized in paragraph (c) of this subsection. A Class 2 permit may be issued only to applicants demonstrating to the department, by a statement signed under the penalty of perjury, that they meet the qualifications of Sections 67-1-5(l), (m), (n), (o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and 67-1-59. The department, following a preliminary review of the statement provided by the applicant and the requirements of the applicable statutes and regulations, may issue the permit.
Class 2 temporary permittees must purchase their alcoholic beverages directly from the department or, with approval of the department, purchase the remaining stock of the previous permittee. If the proposed applicant of a Class 1 or Class 2 temporary permit falsifies information contained in the application or statement, the applicant shall never again be eligible for a retail alcohol beverage permit and shall be subject to prosecution for perjury.
Class 3. A temporary one-day permit may be issued to a retail establishment authorizing the complimentary distribution of wine, including native wine, to patrons of the retail establishment at an open house or promotional event, for consumption only on the premises described in the temporary permit. A Class 3 permit may be issued only to an applicant demonstrating to the department, by a statement signed under penalty of perjury submitted ten (10) days before the proposed date or such other time as the department may determine, that it meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59. A Class 3 permit holder shall obtain all alcoholic beverages from the holder(s) of a package retailer's permit located in the county in which the temporary permit is issued. Wine remaining in stock upon expiration of the temporary permit may be returned by the Class 3 temporary permit holder to the package retailer for a refund of the purchase price, with consent of the package retailer, or may be kept by the Class 3 temporary permit holder exclusively for personal use and consumption, subject to all laws pertaining to the illegal sale and possession of alcoholic beverages. The department, following review of the statement provided by the applicant and the requirements of the applicable statutes and regulations, may issue the permit. No retailer may receive more than twelve (12) Class 3 temporary permits in a calendar year. A Class 3 temporary permit shall not be issued to a retail establishment that either holds a merchant permit issued under paragraph (l) of this subsection, or holds a permit issued under Chapter 3, Title 67, Mississippi Code of 1972, authorizing the holder to engage in the business of a retailer of light wine or beer.
(g) Caterer's
permit. A caterer's permit shall permit the purchase of alcoholic
beverages by a person engaging in business as a caterer and the resale of
alcoholic beverages by such person in conjunction with such catering business.
No person shall qualify as a caterer unless forty percent (40%) or more of the
revenue derived from such catering business shall be from the serving of
prepared food and not from the sale of alcoholic beverages and unless such
person has obtained a permit for such business from the Department of Health.
A caterer's permit shall not authorize the sale of alcoholic beverages on the
premises of the person engaging in business as a caterer; however, the holder
of an on-premises retailer's permit may hold a caterer's permit. When the
holder of an on-premises retailer's permit or an affiliated entity of the
holder also holds a caterer's permit, the caterer's permit shall not authorize
the service of alcoholic beverages on a consistent, recurring basis at a
separate, fixed location owned or operated by the caterer, on-premises retailer
or affiliated entity and an on-premises retailer's permit shall be required for
the separate location. All sales of alcoholic beverages by holders of a
caterer's permit shall be made at the location being catered by the caterer,
and, except as otherwise provided in subsection (5) of this section, such sales
may be made only for consumption at the catered location. The location being
catered may be anywhere within a county or judicial district that has voted to
come out from under the dry laws or in which the sale * * * and distribution * * * of alcoholic beverages is
otherwise authorized by law. Such sales shall be made pursuant to any other
conditions and restrictions which apply to sales made by on-premises retail
permittees. The holder of a caterer's permit or his employees shall remain at
the catered location as long as alcoholic beverages are being sold pursuant to
the permit issued under this paragraph (g), and the permittee shall have at the
location the identification card issued by the Alcoholic Beverage Control
Division of the department. No unsold alcoholic beverages may be left at the
catered location by the permittee upon the conclusion of his business at that
location. Appropriate law enforcement officers and Alcoholic Beverage Control Division
personnel may enter a catered location on private property in order to enforce
laws governing the sale or serving of alcoholic beverages.
(h) Research permit. A research permit shall authorize the holder thereof to operate a research facility for the professional research of alcoholic beverages. Such permit shall authorize the holder of the permit to import and purchase limited amounts of alcoholic beverages from the department or from importers, wineries and distillers of alcoholic beverages for professional research.
(i) Alcohol processing permit. An alcohol processing permit shall authorize the holder thereof to purchase, transport and possess alcoholic beverages for the exclusive use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient. An alcohol processing permit shall not authorize the sale of alcoholic beverages on the premises of the person engaging in the business of cooking, processing or manufacturing products which contain alcoholic beverages. The amounts of alcoholic beverages allowed under an alcohol processing permit shall be set by the department.
(j) Hospitality cart permit. A hospitality cart permit shall authorize the sale of alcoholic beverages from a mobile cart on a golf course that is the holder of an on-premises retailer's permit. The alcoholic beverages sold from the cart must be consumed within the boundaries of the golf course.
(k) Special service permit. A special service permit shall authorize the holder to sell commercially sealed alcoholic beverages to the operator of a commercial or private aircraft for en route consumption only by passengers. A special service permit shall be issued only to a fixed-base operator who contracts with an airport facility to provide fueling and other associated services to commercial and private aircraft.
(l) Merchant permit. Except as otherwise provided in subsection (5) of this section, a merchant permit shall be issued only to the owner of a spa facility, an art studio or gallery, or a cooking school, and shall authorize the holder to serve complimentary by the glass wine only, including native wine, at the holder's spa facility, art studio or gallery, or cooking school. A merchant permit holder shall obtain all wine from the holder of a package retailer's permit.
(m) Temporary alcoholic beverages charitable auction permit. A temporary permit, not to exceed five (5) days, may be issued to a qualifying charitable nonprofit organization that is exempt from taxation under Section 501(c)(3) or (4) of the Internal Revenue Code of 1986. The permit shall authorize the holder to sell alcoholic beverages for the limited purpose of raising funds for the organization during a live or silent auction that is conducted by the organization and that meets the following requirements: (i) the auction is conducted in an area of the state where the sale of alcoholic beverages is authorized; (ii) if the auction is conducted on the premises of an on-premises retailer's permit holder, then the alcoholic beverages to be auctioned must be stored separately from the alcoholic beverages sold, stored or served on the premises, must be removed from the premises immediately following the auction, and may not be consumed on the premises; (iii) the permit holder may not conduct more than two (2) auctions during a calendar year; (iv) the permit holder may not pay a commission or promotional fee to any person to arrange or conduct the auction.
(n) Event venue retailer's permit. An event venue retailer's permit shall authorize the holder thereof to purchase and resell alcoholic beverages, including native wines, for consumption on the premises during legal hours during events held on the licensed premises if food is being served at the event by a caterer who is not affiliated with or related to the permittee. The caterer must serve at least three (3) entrees. The permit may only be issued for venues that can accommodate two hundred (200) persons or more. The number of persons a venue may accommodate shall be determined by the local fire department and such determination shall be provided in writing and submitted along with all other documents required to be provided for an on-premises retailer's permit. The permittee must derive the majority of its revenue from event-related fees, including, but not limited to, admission fees or ticket sales for live entertainment in the building. "Event-related fees" do not include alcohol, beer or light wine sales or any fee which may be construed to cover the cost of alcohol, beer or light wine. This determination shall be made on a per event basis. An event may not last longer than two (2) consecutive days per week.
(o) Temporary theatre permit. A temporary theatre permit, not to exceed five (5) days, may be issued to a charitable nonprofit organization that is exempt from taxation under Section 501(c)(3) or (4) of the Internal Revenue Code and owns or operates a theatre facility that features plays and other theatrical performances and productions. Except as otherwise provided in subsection (5) of this section, the permit shall authorize the holder to sell alcoholic beverages, including native wines, to patrons of the theatre during performances and productions at the theatre facility for consumption during such performances and productions on the premises of the facility described in the permit. A temporary theatre permit holder shall obtain all alcoholic beverages from package retailers located in the county in which the permit is issued. Alcoholic beverages remaining in stock upon expiration of the temporary theatre permit may be returned by the permittee to the package retailer for a refund of the purchase price upon consent of the package retailer or may be kept by the permittee exclusively for personal use and consumption, subject to all laws pertaining to the illegal sale and possession of alcoholic beverages.
(p) Charter ship operator's permit. Subject to the provisions of this paragraph (p), a charter ship operator's permit shall authorize the holder thereof and its employees to serve, monitor, store and otherwise control the serving and availability of alcoholic beverages to customers of the permit holder during private charters under contract provided by the permit holder. A charter ship operator's permit shall authorize such action by the permit holder and its employees only as to alcoholic beverages brought onto the permit holder's ship by customers of the permit holder as part of such a private charter. All such alcoholic beverages must be removed from the charter ship at the conclusion of each private charter. A charter ship operator's permit shall not authorize the permit holder to sell, charge for or otherwise supply alcoholic beverages to customers, except as authorized in this paragraph (p). For the purposes of this paragraph (p), "charter ship operator" means a common carrier that (i) is certified to carry at least one hundred fifty (150) passengers and/or provide overnight accommodations for at least fifty (50) passengers, (ii) operates only in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, and (iii) provides charters under contract for tours and trips in such waters.
(q) Distillery retailer's permit. The holder of a Class 1 manufacturer's permit may obtain a distillery retailer's permit. A distillery retailer's permit shall authorize the holder thereof to sell at retail alcoholic beverages by the sealed and unopened bottle from a retail location at the distillery for off-premises consumption. The holder may only sell product manufactured by the manufacturer at the distillery described in the permit. The holder shall not sell at retail more than ten percent (10%) of the alcoholic beverages produced annually at its distillery. The holder shall not make retail sales of more than two and twenty-five one-hundredths (2.25) liters, in the aggregate, of the alcoholic beverages produced at its distillery to any one (1) individual for consumption off the premises of the distillery within a twenty-four-hour period. The hours of sale shall be the same as those hours for package retailers under this chapter. 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. In addition to alcoholic beverages, the holder of a distillery retailer's permit may sell at retail promotional products from the same retail location, including shirts, hats, glasses, and other promotional products customarily sold by alcoholic beverage manufacturers.
(2) Except as otherwise provided in subsection (4) of this section, retail permittees may hold more than one (1) retail permit, at the discretion of the department.
(3) Except as otherwise provided in this subsection, no authority shall be granted to any person to manufacture, sell or store for sale any intoxicating liquor as specified in this chapter within four hundred (400) feet of any church, school, kindergarten or funeral home. However, within an area zoned commercial or business, such minimum distance shall be not less than one hundred (100) feet.
A church or funeral home may waive the distance restrictions imposed in this subsection in favor of allowing issuance by the department of a permit, pursuant to subsection (1) of this section, to authorize activity relating to the manufacturing, sale or storage of alcoholic beverages which would otherwise be prohibited under the minimum distance criterion. Such waiver shall be in written form from the owner, the governing body, or the appropriate officer of the church or funeral home having the authority to execute such a waiver, and the waiver shall be filed with and verified by the department before becoming effective.
The distance restrictions imposed in this subsection shall not apply to the sale or storage of alcoholic beverages at a bed and breakfast inn listed in the National Register of Historic Places or to the sale or storage of alcoholic beverages in a historic district that is listed in the National Register of Historic Places, is a qualified resort area and is located in a municipality having a population greater than one hundred thousand (100,000) according to the latest federal decennial census.
(4) No person, either individually or as a member of a firm, partnership, limited liability company or association, or as a stockholder, officer or director in a corporation, shall own or control any interest in more than one (1) package retailer's permit, nor shall such person's spouse, if living in the same household of such person, any relative of such person, if living in the same household of such person, or any other person living in the same household with such person own any interest in any other package retailer's permit.
(5) (a) In addition to any other authority granted under this section, the holder of a permit issued under subsection (1)(c), (e), (f), (g), (l), (n) and/or (o) of this section may sell or otherwise provide alcoholic beverages and/or wine to a patron of the permit holder in the manner authorized in the permit and the patron may remove an open glass, cup or other container of the alcoholic beverage and/or wine from the licensed premises and may possess and consume the alcoholic beverage or wine outside of the licensed premises if: (i) the licensed premises is located within a leisure and recreation district created under Section 67-1-101 and (ii) the patron remains within the boundaries of the leisure and recreation district while in possession of the alcoholic beverage or wine.
(b) Nothing in this subsection shall be construed to allow a person to bring any alcoholic beverages into a permitted premises except to the extent otherwise authorized by this chapter.
SECTION 7. Section 67-3-7, Mississippi Code of 1972, is amended as follows:
67-3-7. (1) If any county, at an election held for the purpose under the election laws of the state, shall by a majority vote of the duly qualified electors voting in the election determine that the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer shall not be permitted in such county, then the same shall not be permitted therein except as authorized under Section 67-9-1 and as may be otherwise authorized in this section. An election to determine whether such transportation, storage, sale, distribution, receipt and/or manufacture of such beverages shall be excluded from any county in the state, shall, on a petition of twenty percent (20%) of the duly qualified electors of such county, be ordered by the board of supervisors of the county, for such county only. No election on the question shall be held in any one (1) county more often than once in five (5) years.
In counties which have elected, or may elect by a majority vote of the duly qualified electors voting in the election, that the transportation, storage, sale, distribution, receipt and/or manufacture of wine or beer shall not be permitted in the county, an election may be held in the same manner as the election hereinabove provided on the question of whether or not the transportation, storage, sale, distribution, receipt and/or manufacture of said beverages shall be permitted in such county. Such election shall be ordered by the board of supervisors of such county on a petition of twenty percent (20%) of the duly qualified electors of such county. No election on this question can be ordered more often than once in five (5) years.
(2) Nothing in this section
shall make it unlawful to possess beer or light wine, as defined herein * * *.
(3) Nothing in this section shall make it unlawful to:
* * *
( * * *a) Sell, distribute and transport
light wine or beer to a qualified resort area as defined in Section 67-1-5;
( * * *b) Sell light wine or beer at a
qualified resort area as defined in Section 67-1-5 if such light wine or beer
is sold by a person with a permit to engage in the business as a retailer of
light wine or beer;
( * * *c) Transport beer of an alcoholic
content of more than eight percent (8%) by weight if it is being transported to
another state for legal sale in that state;
( * * *d) Transport legally purchased light
wine or beer in unopened containers * * *;
however, this paragraph shall not apply to a retailer unless the retailer has
purchased the light wine or beer from a wholesaler or distributor for the
designated sales territory in which the retailer is located and the retailer
has in his possession an invoice from the wholesaler or distributor for the
light wine or beer; or
( * * *e) Transport homemade beer as
authorized in Section 67-3-11.
SECTION 8. Section 67-3-11, Mississippi Code of 1972, is amended as follows:
67-3-11. (1) Every person shall have the right to make homemade wine for domestic or household uses only, free of all restraint by this chapter or otherwise, and no such election as provided for in Sections 67-3-7, 67-3-9 and 67-3-13, shall deprive any person of the right to make homemade wine for domestic or household uses only.
(2) (a) Every person
twenty-one (21) years of age or older shall have the right to make homemade
beer for personal, family, domestic or household uses without restraint by this
chapter or otherwise * * *.
(b) The maximum amount of homemade beer that a person may make in a calendar year shall not exceed:
(i) One hundred (100) gallons if there is only one (1) person over the age of twenty-one (21) years of age residing in the household; and
(ii) Two hundred (200) gallons if there are two (2) or more persons over the age of twenty-one (21) years residing in the household.
(c) A person who makes homemade beer as authorized in this section may remove the beer from the premises of the household where it is made and transport the beer only for the purpose of participating in a bona fide exhibition, contest or competition where homemade beer is being tasted and judged; however, homemade beer may not be sold or offered for sale under any circumstances.
SECTION 9. Section 67-3-13, Mississippi Code of 1972, is amended as follows:
67-3-13. (1) * * * It shall be lawful to possess beer and light wine
throughout the state, unless otherwise prohibited by this chapter. However,
nothing herein shall be construed to make lawful the possession of beer or
light wine with the intent to sell except as authorized by this chapter.
(2) * * * In any county or municipality in which the transportation,
storage, sale, distribution, receipt and/or manufacture of light wine and beer
is prohibited, it shall not be unlawful for a permitted wholesaler or
distributor to possess light wine and beer when such light wine and beer is
held therein solely for the purpose of storage and for distribution to other
counties and municipalities in which * * * transportation,
storage, sale, distribution, receipt and/or manufacture is lawful.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, in any county in which transportation, storage, sale, distribution, receipt and/or manufacture of light wine and beer is prohibited, it shall not be unlawful:
(a) To receive * * * or store * * * light wine or beer at a
resort area as defined in Section 67-1-5;
(b) To distribute and transport light wine or beer to a resort area as defined in Section 67-1-5;
(c) To transport beer of an alcoholic content of more than eight percent (8%) by weight if it is being transported to another state for legal sale in that state;
(d) To transport legally purchased light wine or beer in unopened containers if it is being transported on a state or federal highway; however, this paragraph shall not apply to a retailer unless the retailer has purchased the light wine or beer from a wholesaler or distributor for the designated sales territory in which the retailer is located and the retailer has in his possession an invoice from the wholesaler or distributor for the light wine or beer; or
(e) To transport homemade beer as authorized in Section 67-3-11.
(4) Any light wine or beer found in possession of, or sold by, a person in violation of this section shall be seized and disposed of in the manner provided for in Section 67-1-18.
SECTION 10. This act shall take effect and be in force from and after January 1, 2021.