House Bill 329

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 67-1-83, MISSISSIPPI CODE OF 1972, TO ALLOW ANY COUNTY, MUNICIPALITY, TRIBE OR OTHER POLITICAL SUBDIVISION OF THE STATE THAT IS WET UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW TO AUTHORIZE PERMITTED PACKAGE RETAILERS TO ENGAGE IN PACKAGE RETAIL SALES DURING CERTAIN HOURS ON SUNDAY; TO PROVIDE THAT ANY COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION OF THE STATE THAT HAS AUTHORIZED PERMITTED PACKAGE RETAILERS TO ENGAGE IN PACKAGE RETAIL SALES DURING CERTAIN HOURS ON SUNDAY MAY PROHIBIT SUCH SALES BY AN ELECTION AS PROVIDED FOR IN THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 67-1-83, Mississippi Code of 1972, is amended as follows:

67-1-83. (1) It shall be unlawful for any permittee or any employee or agent thereof to sell or furnish any alcoholic beverage to any person who is visibly intoxicated, or to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs. It shall also be unlawful for the holder of any package retailer's permit to sell any alcoholic beverages except by delivery in person to the purchaser at the place of business of the permittee, unless the holder of a package retailer's permit also holds a delivery service permit or uses a delivery service permittee to effect delivery.

(2) It shall be unlawful for any permittee or any employee or agent thereof to sell or furnish any alcoholic beverage to any person to whom the department has, after investigation, decided to prohibit the sale of those beverages because of an appeal to the department so to do by the husband, wife, father, mother, brother, sister, child, or employer of the person. The interdiction in those cases shall last until removed by the department, but no person shall be held to have violated this subsection unless he has been informed by the department, by registered letter, that it is forbidden to sell to that individual or unless that fact is otherwise known to the permittee or its employee or agent.

(3) It shall be unlawful for any holder of a package retailer's permit, or any employee or agent thereof, engaged solely in the business of package retail sales under this article to sell or furnish any alcoholic beverage before 10:00 a.m. and after 10:00 p.m. or to sell alcoholic beverages on Sunday, except as provided under subsection (5) of this section, and Christmas Day.

(4) Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term of not more than six (6) months, or by both that fine and imprisonment, in the discretion of the court. In addition to any other penalties prescribed by law, the commission may immediately revoke the permit of any permittee who violates the provisions of this section.

(5) (a) Any county, municipality, tribe or other political subdivision of the state that is wet under this article may, by resolution, ordinance or other order adopted by the county board of supervisors, municipal governing authority or other governing authority or body, as the case may be, authorize permitted package retailers to engage in the business of package retail sales on Sunday during the hours beginning at 1:00 p.m. and ending at 6:00 p.m. No permitted package retailer impacted under this subsection shall be required to engage in sales on Sunday and shall maintain the right to limit operations to Monday through Saturday.

(b) (i) Any county, municipality or other political subdivision of the state that has authorized permitted package retailers to engage in the business of package retail sales on Sunday during the hours beginning at 1:00 p.m. and ending at 6:00 p.m. under paragraph (a) of this subsection may prohibit such sales by an election as provided in this paragraph (b). An election to determine whether permitted package retailers engaging in the business of package retail sales on Sunday during the hours beginning at 1:00 p.m. and ending at 6:00 p.m. shall be prohibited in a county, municipality or other political subdivision of the state shall be ordered by the county board of supervisors, municipal governing authority or other governing authority or body upon the presentation of a petition to such county body of supervisors, municipal governing authority or other governing authority or body containing the names of at least twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified electors of such county, municipality or other political subdivision.

(ii) Thirty (30) days' notice shall be given to the qualified electors of such county, municipality or other political subdivision of the state, in the manner prescribed by law, upon the question of prohibiting permitted package retailers from engaging in the business of package retail sales on Sunday during the hours beginning at 1:00 p.m. and ending at 6:00 p.m., 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: "Against allowing permitted package retailers to engage in the business of package retail sales on Sunday during the hours beginning at 1:00 p.m. and ending at 6:00 p.m." and the words "For allowing permitted package retailers to continue to engage in the business of package retail sales on Sunday during the hours beginning at 1:00 p.m. and ending at 6:00 p.m." next below. In marking his or her ballot the voter shall make a cross (X) opposite the words of his choice.

(iii) If in the election at least sixty percent (60%) of the qualified electors voting in the election shall vote "Against allowing permitted package retailers to engage in the business of package retail sales on Sunday during the hours beginning at 1:00 p.m. and ending at 6:00 p.m.", then the county board of supervisors, municipal governing authority or other governing authority or body shall pass the necessary resolution, ordinance or other order prohibiting permitted package retailers from engaging in the business of package retail sales on Sunday during the hours beginning at 1:00 p.m. and ending at 6:00 p.m. If in the election less than sixty percent (60%) of the qualified electors voting in the election shall vote "Against allowing permitted package retailers to engage in the business of package retail sales on Sunday during the hours beginning at 1:00 p.m. and ending at 6:00 p.m.", then such sales shall remain legal as authorized under paragraph (a) of this subsection.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.