Senate Bill 2839

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 67-1-52, MISSISSIPPI CODE OF 1972, TO REVISE THE AMOUNT OF ALCOHOLIC BEVERAGE PRODUCT THAT MAY BE SERVED TO ANY ONE PERSON AT A TASTING OR SAMPLING EVENT HELD BY THE HOLDER OF A PACKAGE RETAILER'S PERMIT; TO PROVIDE THAT SAMPLES MAY NOT BE PROVIDED TO VISIBLY INTOXICATED PERSONS; TO PROVIDE THAT IN ADDITION TO EMPLOYEES OF A PACKAGE RETAILER, A THIRD PARTY MAY SERVE ANY PRODUCT FOR TASTING OR SAMPLING AT THE EVENT AND MAY OPEN, TOUCH AND POUR PRODUCT AS WELL AS MAKE A PRESENTATION AND ANSWER QUESTIONS AT THE EVENT; TO PROVIDE THAT A TASTING OR SAMPLING EVENT MAY NOT BE ADVERTISED EXCEPT BY ON-SITE COMMUNICATIONS, BY DIRECT MAIL, BY ELECTRONIC MAIL OR ON THE PACKAGE RETAILER'S INTERNET WEBSITE; TO INCREASE THE NUMBER OF TASTING OR SAMPLING EVENTS THAT A HOLDER OF A PACKAGE RETAILER'S PERMIT MAY CONDUCT IN A THREE-MONTH PERIOD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 67-1-52, Mississippi Code of 1972, is amended as follows:

67-1-52. A package retailer's permit issued under Section 67-1-51(b) shall, with prior written approval from the department, authorize tasting or sampling events to be conducted at the package retailer's permitted place of business during which tastes or samples of alcoholic beverages or wine may be offered or served to consumers at no cost. During a tasting or sampling event authorized by this section, limited amounts of alcoholic beverages or wine may be consumed on the permitted place of business. A tasting or sampling event shall not authorize the sale of alcoholic beverages or wine for consumption on the permitted place of business, but shall only authorize the limited consumption of alcoholic beverages or wine at the permitted place of business for the sole purpose of tasting or sampling various alcoholic beverages or wine. A tasting or sampling event shall be conducted completely within an area that is cordoned off by barriers clearly separating the event from the point of sale of any alcoholic beverage or wine and may last not longer than four (4) hours. No one under twenty-one (21) years of age may participate in a tasting or sampling event and a sign indicating this shall be placed in a clearly visible location at the entrance to the area where the tasting or sampling event will be conducted, and no sample may be provided to a visibly intoxicated person. No food may be served or sold at a tasting or sampling event. Each sample of wine served at the event shall not exceed * * * ~~one and one‑fourth (1‑1/4)~~ two (2) ounces and no more than a cumulative total of * * * ~~five (5)~~ eight (8) ounces of wine may be dispensed to any one (1) person during a tasting or sampling event. Each sample of a distilled spirit served at the event shall not exceed * * * ~~one‑fourth (1/4) of an~~ one (1) ounce and no more than a cumulative total of * * * ~~one (1)~~ four (4) ounces of distilled spirits may be dispensed to any one (1) person during a tasting or sampling event. All product tasted or sampled at the event must be provided by the package retailer from its inventory. Such product cannot be sample product provided by a manufacturer and must have been purchased from the department warehouse or from a licensed wholesaler. * * * ~~Only~~ Employees of the package retailer may serve any product for tasting or sampling at the event. In addition, a third party may serve any product for tasting or sampling at the event and may open, touch and pour product as well as make a presentation and answer questions at the event. The package retailer shall be responsible for all such actions by the third party at the event. Tickets for a tasting or sampling event shall not be sold in the permitted place of business or any other location. A tasting or sampling event may not be advertised except by on-site communications, by direct mail, by electronic mail or on the package retailer's internet website. The holder of a tasting or sampling event shall keep an accurate accounting of the various alcoholic beverages and amounts consumed at each tasting or sampling event and must provide a copy of the accounting to the department within ten (10) days of completion of the event. The holder of a package retailer's permit may conduct not more than * * * ~~one (1)~~ two (2) events in a three-month period.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.