Adopted

AMENDMENT NO 1 PROPOSED TO

House Bill No. 1087

BY: Representative Lamar

AMEND on line 28 by inserting the following after the period "Nothing herein shall be construed to make lawful the possession of alcoholic beverages with the intent to sell except as authorized under this chapter."

AMEND Further by inserting the following after line 676 and renumbering the succeeding section accordingly:

     "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 * * *, in any municipality which has heretofore or which may hereafter vote in an election, pursuant to Section 67‑3‑9, in which a majority of the qualified electors vote in favor of permitting the sale and the receipt, storage and transportation for the purpose of sale of beer or wine as defined herein.

     (3)  Nothing in this section shall make it unlawful to:

 * * *(a)  Possess or consume light wine or beer at a qualified resort area as defined in Section 67‑1‑5;

          ( * * *(b)a)  Sell, distribute and transport light wine or beer to a qualified resort area as defined in Section 67-1-5;

          ( * * *(c)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;

          ( * * *(d)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;

          ( * * *(e)d)  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

          ( * * *fe)  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 * * *if the beer is made in a county or municipality in which the possession of light wine or beer is lawful.

          (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)  * * *Except as otherwise provided herein and as authorized under this section and Section 67‑9‑1, in any county which has at any time since February 26, 1934, elected, or which may hereafter elect, to prohibit the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer of an alcoholic content of not more than four percent (4%) by weight in such county, it is hereby declared to be unlawful to possess such beverages therein.  In any county which, after July 1, 1998, elects to prohibit the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer of an alcoholic content of not more than five percent (5%) by weight in such county, it is hereby declared to be unlawful to possess such beer therein.  In any county which, after July 1, 2012, elects to prohibit the transportation, storage, sale, distribution, receipt and/or manufacture of wine of an alcoholic content of not more than five percent (5%) by weight in such county and beer of an alcoholic content of not more than eight percent (8%) by weight, it is hereby declared to be unlawful to possess such beer therein.  Any person found possessing any beer or wine of any quantity whatsoever in such county shall, on conviction, be imprisoned not more than ninety (90) days or fined not more than Five Hundred Dollars ($500.00), or be both so fined and imprisoned. 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)  * * *Notwithstanding the provisions of subsection (1) of this section, 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 * * *possession of such beverages is lawful 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 * * *, possess or consume 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." 

AMEND Further on line 678 by striking "2020" and inserting in lieu thereof "2021."

     Further, amend the title to conform.

---