MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Ways and Means
By: Representative Banks
AN ACT TO REQUIRE THE HOLDER OF AN ON-PREMISES RETAILER'S PERMIT UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW TO HAVE AT LEAST ONE BREATH ANALYSIS DEVICE THAT MEASURES BLOOD ALCOHOL CONTENT, THAT, UPON REQUEST BY A PATRON, MAY BE USED TO TEST THE PATRON'S BLOOD ALCOHOL CONTENT; TO PROVIDE THAT THE HOLDER OF AN ON-PREMISES RETAILER'S PERMIT FOR THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES SHALL NOT BE LIABLE FOR ANY NEGATIVE READING, OR FALSE OR INCORRECT READING, AS A RESULT OF THE BLOOD ALCOHOL CONTENT TESTING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The holder of an on-premises retailer's permit under Section 67-1-51(c) shall have at least one (1) breath analysis device that measures blood alcohol content, that, upon request by a patron, may be used to test the patron's blood alcohol content.
(2) The holder of an on-premises retailer's permit under Section 67-1-51(c) shall not be liable for any negative reading, or false or incorrect reading, as a result of the blood alcohol content testing.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.