Miss. Code Ann. § 67-3-69 — MS Code / Title 67 / Chapter 1 / Section 3-69
Miss. Code Ann. § 67-3-69
Status: in_force

(1) Except as to Sections 67-3-17 , 67-3-23 , 67-3-27 , 67-3-55 and 67-3-57 , any violation of any provision of this chapter or of any rule or regulation of the commissioner, shall be a misdemeanor and, where the punishment therefor is not elsewhere prescribed in this section, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment for not more than six (6) months, or both, in the discretion of the court. If any person so convicted shall be the holder of any permit or license issued by the commissioner under authority of this chapter, the permit or license shall from and after the date of such conviction be void and the holder thereof shall not thereafter, for a period of one (1) year from the date of such conviction, be entitled to any permit or license for any purpose authorized by this chapter. Upon conviction of the holder of any permit or license, the appropriate law enforcement officer shall seize the permit or license and transmit it to the commissioner.

(2)(a) Any person who shall violate any provision of Section 67-3-17 , 67-3-23 , 67-3-27 or 67-3-55 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court.

(b) Any person who shall violate any provision of Section 67-3-57 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than one (1) year, or by both, in the discretion of the court. Any person convicted of violating any provision of the sections referred to in this subsection shall forfeit his permit, and shall not thereafter be permitted to engage in any business taxable under the provisions of Sections 27-71-301 through 27-71-347 .

(3) If the holder of a permit, or the employee of the holder of a permit, shall be convicted of selling any beer, light spirit product or wine to anyone who is visibly intoxicated from the licensed premises or to any person under the age of twenty-one (21) years from the licensed premises in violation of Section 67-3-53(b) , then, in addition to any other penalty provided for by law, the commissioner may impose the following penalties against the holder of a permit:

(a) For the first offense on the licensed premises, by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) and/or suspension of the permit for not more than three (3) months.

(b) For a second offense occurring on the licensed premises within twelve (12) months of the first offense, by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00) and/or suspension of the permit for not more than six (6) months.

(c) For a third offense occurring on the licensed premises within twelve (12) months of the first, by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and/or suspension or revocation of the permit to sell beer, light spirit product or light wine.

(d) For a fourth or subsequent offense occurring on the licensed premises within twelve (12) months of the first, by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and/or suspension or revocation of the permit to sell beer, light spirit product or light wine.

(4) A person who sells any beer, light spirit product or wine to a person under the age of twenty-one (21) years shall not be guilty of a violation of Section 67-3-53(b) if the person under the age of twenty-one (21) years represents himself to be twenty-one (21) years of age or older by displaying an apparently valid Mississippi driver's license containing a physical description consistent with his appearance or by displaying some other apparently valid identification card or document containing a picture and physical description consistent with his appearance for the purpose of inducing the person to sell beer, light spirit product or wine to him.

(5) If a small craft brewery is convicted of violating the provisions of Section 67-3-48 , then, in addition to any other provision provided for by law, the small craft brewery shall be punished as follows:

(a) For the first offense, the small craft brewery may be fined in an amount not to exceed Five Hundred Dollars ($500.00).

(b) For a second offense occurring within twelve (12) months of the first offense, the small craft brewery may be fined an amount not to exceed One Thousand Dollars ($1,000.00).

(c) For a third or subsequent offense occurring within twelve (12) months of the first offense, the small craft brewery may be fined an amount not to exceed Five Thousand Dollars ($5,000.00) and the permit to operate as a manufacturer shall be suspended for thirty (30) days.
Miss. Code Ann. § 67-3-69 — MS Code / Title 67 / Chapter 3 / Section 3-69
Miss. Code Ann. § 67-3-69
Status: in_force

(1) Except as to Sections 67-3-17 , 67-3-23 , 67-3-27 , 67-3-55 and 67-3-57 , any violation of any provision of this chapter or of any rule or regulation of the commissioner, shall be a misdemeanor and, where the punishment therefor is not elsewhere prescribed in this section, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment for not more than six (6) months, or both, in the discretion of the court. If any person so convicted shall be the holder of any permit or license issued by the commissioner under authority of this chapter, the permit or license shall from and after the date of such conviction be void and the holder thereof shall not thereafter, for a period of one (1) year from the date of such conviction, be entitled to any permit or license for any purpose authorized by this chapter. Upon conviction of the holder of any permit or license, the appropriate law enforcement officer shall seize the permit or license and transmit it to the commissioner.

(2)(a) Any person who shall violate any provision of Section 67-3-17 , 67-3-23 , 67-3-27 or 67-3-55 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court.

(b) Any person who shall violate any provision of Section 67-3-57 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than one (1) year, or by both, in the discretion of the court. Any person convicted of violating any provision of the sections referred to in this subsection shall forfeit his permit, and shall not thereafter be permitted to engage in any business taxable under the provisions of Sections 27-71-301 through 27-71-347 .

(3) If the holder of a permit, or the employee of the holder of a permit, shall be convicted of selling any beer, light spirit product or wine to anyone who is visibly intoxicated from the licensed premises or to any person under the age of twenty-one (21) years from the licensed premises in violation of Section 67-3-53(b) , then, in addition to any other penalty provided for by law, the commissioner may impose the following penalties against the holder of a permit:

(a) For the first offense on the licensed premises, by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) and/or suspension of the permit for not more than three (3) months.

(b) For a second offense occurring on the licensed premises within twelve (12) months of the first offense, by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00) and/or suspension of the permit for not more than six (6) months.

(c) For a third offense occurring on the licensed premises within twelve (12) months of the first, by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and/or suspension or revocation of the permit to sell beer, light spirit product or light wine.

(d) For a fourth or subsequent offense occurring on the licensed premises within twelve (12) months of the first, by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and/or suspension or revocation of the permit to sell beer, light spirit product or light wine.

(4) A person who sells any beer, light spirit product or wine to a person under the age of twenty-one (21) years shall not be guilty of a violation of Section 67-3-53(b) if the person under the age of twenty-one (21) years represents himself to be twenty-one (21) years of age or older by displaying an apparently valid Mississippi driver's license containing a physical description consistent with his appearance or by displaying some other apparently valid identification card or document containing a picture and physical description consistent with his appearance for the purpose of inducing the person to sell beer, light spirit product or wine to him.

(5) If a small craft brewery is convicted of violating the provisions of Section 67-3-48 , then, in addition to any other provision provided for by law, the small craft brewery shall be punished as follows:

(a) For the first offense, the small craft brewery may be fined in an amount not to exceed Five Hundred Dollars ($500.00).

(b) For a second offense occurring within twelve (12) months of the first offense, the small craft brewery may be fined an amount not to exceed One Thousand Dollars ($1,000.00).

(c) For a third or subsequent offense occurring within twelve (12) months of the first offense, the small craft brewery may be fined an amount not to exceed Five Thousand Dollars ($5,000.00) and the permit to operate as a manufacturer shall be suspended for thirty (30) days.
Miss. Code Ann. § 67-1-19 — MS Code / Title 67 / Chapter 1 / Section 1-19
Miss. Code Ann. § 67-1-19
Status: in_force

Except as otherwise noted, the administration and enforcement of this article shall be vested in the Department of Revenue. There is hereby created the Alcoholic Beverage Control Division within and as a part of the Department of Revenue.
Miss. Code Ann. § 67-3-21 — MS Code / Title 67 / Chapter 3 / Section 3-21
Miss. Code Ann. § 67-3-21
Status: in_force

No permit shall be granted to a distributor unless the applicant therefor shall have been a resident of the State of Mississippi for at least two years.
Miss. Code Ann. § 67-3-59 — MS Code / Title 67 / Chapter 1 / Section 3-59
Miss. Code Ann. § 67-3-59
Status: in_force

(1) Except as provided in this subsection, sales by wholesalers, distributors or manufacturers to persons who do not hold valid permits are unlawful; and any wholesaler, distributor or manufacturer making such sales, or who sells any beer, light spirit product or light wine on which the tax provided by law has not been paid, shall, in addition to any other fines, penalties and forfeitures, be subject to a penalty of Twenty-five Dollars ($25.00) for each sale. If all other applicable taxes are paid, this penalty will not apply to the following: sales to employees of the wholesaler; sales to nonprofit charitable and civic organizations for special fund-raising events provided that the beer, light spirit product or light wine is not resold; sales to affiliated member associations.

(2) The commissioner may assess the penalty by giving notice by mail, demanding payment within thirty (30) days from date of delivery of the notice.

The proceeds of all penalties shall be deposited by the commissioner with the other monies collected by him and shall be disposed of as provided by law.
Miss. Code Ann. § 67-3-9 — MS Code / Title 67 / Chapter 1 / Section 3-9
Miss. Code Ann. § 67-3-9
Status: repealed

Any city in this state, having a population of not less than two thousand five hundred (2,500) according to the latest federal decennial census; or any city in this state having a population of not less than one thousand five hundred (1,500) according to the latest federal decennial census and located within three (3) miles of a city or county that permits the sale, receipt, storage and transportation for the purpose of sale of beer, light spirit product or light wine; or any city or town in this state having a population of not less than one thousand (1,000) according to the latest federal decennial census and located in a county that has no city or town with a population of more than two thousand five hundred (2,500); or any city, town or village that is a county seat and has voted to come out from under the dry law under Section 67-1-14 ; at an election held for the purpose, under the election laws applicable to such city, may either prohibit or permit, except as otherwise provided under Section 67-9-1 , the sale and the receipt, storage and transportation for the purpose of sale of beer, light spirit product and light wine. An election to determine whether such sale shall be permitted in cities wherein its sale is prohibited by law shall be ordered by the city or town council or mayor and board of aldermen or other governing body of such city or town for such city or town only, upon the presentation of a petition for such city or town to such governing board containing the names of twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified voters of such city or town asking for such election. In like manner, an election to determine whether such sale shall be prohibited in cities wherein its sale is permitted by law shall be ordered by the city council or mayor and board of aldermen or other governing board of such city for such city only, upon the presentation of a petition to such governing board containing the names of twenty percent (20%) of the duly qualified voters of such city asking for such election. No election on either question shall be held by any one (1) city more often than once in five (5) years.

Thirty (30) days' notice shall be given to the qualified electors of such city or town in the manner prescribed by law upon the question of either permitting or prohibiting such sale, and the notice shall contain a statement of the question to be voted on at the election. The tickets to be used in the election shall have the following words printed thereon: “For the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight”; and the words “Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight,” next below. In making up his or her ticket 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 light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight,” then the city or town council or mayor and board of aldermen or other governing body shall pass the necessary order permitting the legal sale of such light wine, light spirit product and beer in such city or town. If in the election a majority of the qualified electors voting in the election shall vote “Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight,” then the city council or mayor and board of aldermen or other governing body shall pass the necessary order prohibiting the sale of such light wine, light spirit product and beer in such city.

All laws or parts of laws in conflict with this section are hereby repealed to the extent of such conflict only, this section being cumulative and supplementary.
Miss. Code Ann. § 67-1-57 — MS Code / Title 67 / Chapter 1 / Section 1-57
Miss. Code Ann. § 67-1-57
Status: reserved

Before a permit is issued the department shall satisfy itself:

(a) That the applicant, if an individual, or if a partnership, each of the members of the partnership, or if a corporation, each of its principal officers and directors, or if a limited liability company, each member of the limited liability company, is of good moral character and, in addition, enjoys a reputation of being a peaceable, law-abiding citizen of the community in which he resides, and is generally fit for the trust to be reposed in him, is not less than twenty-one (21) years of age, and has not been convicted of a felony in any state or federal court.

(b) That, except in the case of an application for a solicitor's permit, the applicant is the true and actual owner of the business for which the permit is desired, and that he intends to carry on the business authorized for himself and not as the agent of any other person, and that he intends to superintend in person the management of the business or that he will designate a manager to manage the business for him. All managers must be approved by the department prior to completing any managerial tasks on behalf of the permittee and must possess all of the qualifications required of a permittee; however, a felony conviction, other than a crime of violence, does not automatically disqualify a person from being approved as a manager if the person was released from incarceration at least three (3) years prior to application for approval as a manager. A felony conviction, other than a crime of violence, may be considered by the department in determining whether all other qualifications are met.

(c) That the applicant for a package retailer's permit, if an individual, is a resident of the State of Mississippi. If the applicant is a partnership, each member of the partnership must be a resident of the state. If the applicant is a limited liability company, each member of the limited liability company must be a resident of the state. If the applicant is a corporation, the designated manager of the corporation must be a resident of the state.

(d) That the place for which the permit is to be issued is an appropriate one considering the character of the premises and the surrounding neighborhood.

(e) That the place for which the permit is to be issued is within the corporate limits of an incorporated municipality or qualified resort area or club which comes within the provisions of this article.

(f) That the applicant is not indebted to the state for any taxes, fees or payment of penalties imposed by any law of the State of Mississippi or by any rule or regulation of the commission.

(g) That the applicant is not in the habit of using alcoholic beverages to excess and is not physically or mentally incapacitated, and that the applicant has the ability to read and write the English language.

(h) That the commission does not believe and has no reason to believe that the applicant will sell or knowingly permit any agent, servant or employee to unlawfully sell liquor in a dry area or in any other manner contrary to law.

(i) That the applicant is not residentially domiciled with any person whose permit or license has been cancelled for cause within the twelve (12) months next preceding the date of the present application for a permit.

(j) That the commission has not, in the exercise of its discretion which is reserved and preserved to it, refused to grant permits under the restrictions of this section, as well as under any other pertinent provision of this article.

(k) That there are not sufficient legal reasons to deny a permit on the ground that the premises for which the permit is sought has previously been operated, used or frequented for any purpose or in any manner that is lewd, immoral or offensive to public decency. In the granting or withholding of any permit to sell alcoholic beverages at retail, the commission in forming its conclusions may give consideration to any recommendations made in writing by the district or county attorney or county, circuit or chancery judge of the county, or the sheriff of the county, or the mayor or chief of police of an incorporated city or town wherein the applicant proposes to conduct his business and to any recommendations made by representatives of the commission.

(l) That the applicant and the applicant's key employees, as determined by the commission, do not have a disqualifying criminal record. In order to obtain a criminal record history check, the applicant shall submit to the commission a set of fingerprints from any local law enforcement agency for each person for whom the records check is required. The commission shall forward the fingerprints to the Mississippi Department of Public Safety. If no disqualifying record is identified at the state level, the Department of Public Safety shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. Costs for processing the set or sets of fingerprints shall be borne by the applicant. The commission shall not deny employment to an employee of the applicant prior to the identification of a disqualifying record or other disqualifying information.
Miss. Code Ann. § 67-11-5 — MS Code / Title 67 / Chapter 3 / Section 11-5
Miss. Code Ann. § 67-11-5
Status: in_force

It shall be lawful to produce native spirit in the State of Mississippi and to sell such native spirit within or without this state. Native spirit shall be subject to the gallonage excise tax levied by Section 67-11-11 .

The production of native spirit is hereby declared, under the laws of this state, to be a privilege and, as such, shall be subject to the privilege license tax levied by Section 67-11-11 .
Miss. Code Ann. § 67-3-53 — MS Code / Title 67 / Chapter 3 / Section 3-53
Miss. Code Ann. § 67-3-53
Status: in_force

In addition to any act declared to be unlawful by this chapter, or by Sections 27-71-301 through 27-71-347 , and Sections 67-3-17 , 67-3-27 , 67-3-29 and 67-3-57 , it shall be unlawful for the holder of a permit authorizing the sale of beer, light spirit product or light wine at retail or a small craft brewery selling light wine, light spirit product or beer at retail pursuant to Section 67-3-48 or for the employee of the holder of such a permit or the employee of such a brewery:

(a) To sell or give to be consumed in or upon any licensed premises or in or upon the premises of a small craft brewery any beer, light spirit product or light wine between the hours of midnight and seven o'clock the following morning or during any time the licensed premises may be required to be closed by municipal ordinance or order of the board of supervisors; however, in areas where the sale of alcoholic beverages is legal under the provisions of the Local Option Alcoholic Beverage Control Law and the hours for selling those alcoholic beverages have been extended beyond midnight for on-premises permittees under Section 67-1-37 , the hours for selling beer, light spirit products or light wines are likewise extended in areas where the sale of beer, light spirit products and light wines is legal in accordance with the provisions of this chapter.

(b) To sell, give or furnish any beer, light spirit product or light wine to any person visibly or noticeably intoxicated, or to any habitual drunkard, or to any person under the age of twenty-one (21) years.

(c) To permit in the premises any lewd, immoral or improper entertainment, conduct or practices.

(d) To permit loud, boisterous or disorderly conduct of any kind upon the premises or to permit the use of loud musical instruments if either or any of the same may disturb the peace and quietude of the community in which the business is located.

(e) To permit persons of ill repute, known criminals, prostitutes or minors to frequent the licensed premises or the premises of the small craft brewery, except minors accompanied by parents or guardians, or under proper supervision.

(f) To permit or suffer illegal gambling or the operation of illegal games of chance upon the licensed premises or the premises of the small craft brewery.

(g) To receive, possess or sell on the licensed premises or, except as otherwise authorized by this chapter, on the premises of the small craft brewery any beverage of any kind or character containing more than five percent (5%) of alcohol by weight except any beer containing not more than eight percent (8%) of alcohol by weight, unless the licensee also possesses an on-premises or manufacturer's permit under the Local Option Alcoholic Beverage Control Law.

(h) To accept as full or partial payment for any product any coupons that are redeemed directly or indirectly from a manufacturer, wholesaler or distributor of light wine, light spirit product or beer.
Miss. Code Ann. § 67-1-67 — MS Code / Title 67 / Chapter 1 / Section 1-67
Miss. Code Ann. § 67-1-67
Status: in_force

No permit shall be transferred by the permittee to any other person or any other place except with the written consent of the commission upon a regular application therefor in writing and upon consideration thereof as provided in this article for an original application for a permit. The commission shall not approve the transfer of the permit of any person against whom there is pending in the courts or before the commission any charge of keeping a disorderly house, or of violating this article or the laws against gambling in this state or against whom there is pending any proceedings for the revocation, suspension or cancellation of the permit.
Miss. Code Ann. § 67-3-17 — MS Code / Title 67 / Chapter 3 / Section 3-17
Miss. Code Ann. § 67-3-17
Status: in_force

(1) Any person desiring to engage in any business taxable under Sections 27-71-303 through 27-71-317, Mississippi Code of 1972 , either as a retailer, or as a wholesaler or distributor, or as a manufacturer, of light wines, light spirit products or beer, shall file with the commissioner an application for a permit allowing him to engage in such business. The application for a permit shall contain a statement showing the name of the business, and if a partnership, firm, association or limited liability company, the name of each partner or member, and if a corporation the names of two (2) principal officers, the post office address, and the nature of business in which engaged. In case any business is conducted at two (2) or more separate places, a separate permit for each place of business shall be required. The commissioner shall prescribe the form of the application and designate who is required to sign the application. The application shall be signed under penalty of perjury.

(2) The application shall include a statement that the applicant will not, except as otherwise authorized in this chapter, allow any alcoholic beverages as defined in Section 67-1-5 , any beer having an alcoholic content of more than eight percent (8%) by weight, any spirit product having an alcoholic content of more than six percent (6%) by weight, or any wine having an alcoholic content of more than five percent (5%) by weight, to be kept, stored or secreted in or on the premises described in such permit or license, and that the applicant will not otherwise violate any law of this state, or knowingly allow any other person to violate any such law, while in or on such premises.

(3) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972 .
Miss. Code Ann. § 67-3-9 — MS Code / Title 67 / Chapter 3 / Section 3-9
Miss. Code Ann. § 67-3-9
Status: repealed

Any city in this state, having a population of not less than two thousand five hundred (2,500) according to the latest federal decennial census; or any city in this state having a population of not less than one thousand five hundred (1,500) according to the latest federal decennial census and located within three (3) miles of a city or county that permits the sale, receipt, storage and transportation for the purpose of sale of beer, light spirit product or light wine; or any city or town in this state having a population of not less than one thousand (1,000) according to the latest federal decennial census and located in a county that has no city or town with a population of more than two thousand five hundred (2,500); or any city, town or village that is a county seat and has voted to come out from under the dry law under Section 67-1-14 ; at an election held for the purpose, under the election laws applicable to such city, may either prohibit or permit, except as otherwise provided under Section 67-9-1 , the sale and the receipt, storage and transportation for the purpose of sale of beer, light spirit product and light wine. An election to determine whether such sale shall be permitted in cities wherein its sale is prohibited by law shall be ordered by the city or town council or mayor and board of aldermen or other governing body of such city or town for such city or town only, upon the presentation of a petition for such city or town to such governing board containing the names of twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified voters of such city or town asking for such election. In like manner, an election to determine whether such sale shall be prohibited in cities wherein its sale is permitted by law shall be ordered by the city council or mayor and board of aldermen or other governing board of such city for such city only, upon the presentation of a petition to such governing board containing the names of twenty percent (20%) of the duly qualified voters of such city asking for such election. No election on either question shall be held by any one (1) city more often than once in five (5) years.

Thirty (30) days' notice shall be given to the qualified electors of such city or town in the manner prescribed by law upon the question of either permitting or prohibiting such sale, and the notice shall contain a statement of the question to be voted on at the election. The tickets to be used in the election shall have the following words printed thereon: “For the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight”; and the words “Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight,” next below. In making up his or her ticket 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 light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight,” then the city or town council or mayor and board of aldermen or other governing body shall pass the necessary order permitting the legal sale of such light wine, light spirit product and beer in such city or town. If in the election a majority of the qualified electors voting in the election shall vote “Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight,” then the city council or mayor and board of aldermen or other governing body shall pass the necessary order prohibiting the sale of such light wine, light spirit product and beer in such city.

All laws or parts of laws in conflict with this section are hereby repealed to the extent of such conflict only, this section being cumulative and supplementary.
Miss. Code Ann. § 67-1-209 — MS Code / Title 67 / Chapter 1 / Section 1-209
Miss. Code Ann. § 67-1-209
Status: in_force

(1) The commissioner shall designate an employee of the department as a contract compliance officer within the department who shall monitor the contract between the state and the operator for warehouse and distribution operations, and shall assure operator compliance with its performance work statement.

(2) The contract compliance officer shall be responsible for monitoring all aspects of the warehouse. The officer shall be provided an on-site work area, shall be on site on a daily basis, and shall have access to all areas of the warehouse and staff at all times. The operator shall provide any and all data, reports and other materials that the contract compliance officer determines are necessary to carry out monitoring responsibilities under this section.

(3) The contract compliance officer shall report at least annually, or as requested, to the Governor and the Legislature.
Miss. Code Ann. § 67-7-1 — MS Code / Title 67 / Chapter 1 / Section 7-1
Miss. Code Ann. § 67-7-1
Status: in_force

This chapter shall be known and may be cited as the “Beer Industry Fair Dealing Act.”
Miss. Code Ann. § 67-3-46 — MS Code / Title 67 / Chapter 1 / Section 3-46
Miss. Code Ann. § 67-3-46
Status: in_force

(1) The provisions of subsection (2) of this section apply to the following entities:

(a) Any person engaged in the business of brewing or manufacturing beer or in the business of manufacturing or producing light wines or light spirit products;

(b) An officer, director, agent or employee of an entity described in paragraph (a) or (d) of this subsection;

(c) An affiliate of an entity described in paragraph (a) or (d) of this subsection, regardless of whether the affiliation is corporate or by management, direction or control.

(d) An entity that is the manufacturer of a product or substance that is infused into or becomes part of any beer, light wine or light spirit products regardless of whether the entity manufactures the final product. This provision also shall apply to all affiliated companies, wholly-owned subsidiaries or joint ventures.

(2) No entity named in subsection (1) of this section may have any interest in the license, business, assets or corporate stock of a wholesaler or distributor to whom this chapter applies, except a security interest granted to the entity of the type provided for the Uniform Commercial Code in products sold to a wholesaler or distributor until the full purchase price has been paid therefor.
Miss. Code Ann. § 67-11-1 — MS Code / Title 67 / Chapter 11 / Section 11-1
Miss. Code Ann. § 67-11-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Native Spirit Law.”
Miss. Code Ann. § 67-3-53 — MS Code / Title 67 / Chapter 1 / Section 3-53
Miss. Code Ann. § 67-3-53
Status: in_force

In addition to any act declared to be unlawful by this chapter, or by Sections 27-71-301 through 27-71-347 , and Sections 67-3-17 , 67-3-27 , 67-3-29 and 67-3-57 , it shall be unlawful for the holder of a permit authorizing the sale of beer, light spirit product or light wine at retail or a small craft brewery selling light wine, light spirit product or beer at retail pursuant to Section 67-3-48 or for the employee of the holder of such a permit or the employee of such a brewery:

(a) To sell or give to be consumed in or upon any licensed premises or in or upon the premises of a small craft brewery any beer, light spirit product or light wine between the hours of midnight and seven o'clock the following morning or during any time the licensed premises may be required to be closed by municipal ordinance or order of the board of supervisors; however, in areas where the sale of alcoholic beverages is legal under the provisions of the Local Option Alcoholic Beverage Control Law and the hours for selling those alcoholic beverages have been extended beyond midnight for on-premises permittees under Section 67-1-37 , the hours for selling beer, light spirit products or light wines are likewise extended in areas where the sale of beer, light spirit products and light wines is legal in accordance with the provisions of this chapter.

(b) To sell, give or furnish any beer, light spirit product or light wine to any person visibly or noticeably intoxicated, or to any habitual drunkard, or to any person under the age of twenty-one (21) years.

(c) To permit in the premises any lewd, immoral or improper entertainment, conduct or practices.

(d) To permit loud, boisterous or disorderly conduct of any kind upon the premises or to permit the use of loud musical instruments if either or any of the same may disturb the peace and quietude of the community in which the business is located.

(e) To permit persons of ill repute, known criminals, prostitutes or minors to frequent the licensed premises or the premises of the small craft brewery, except minors accompanied by parents or guardians, or under proper supervision.

(f) To permit or suffer illegal gambling or the operation of illegal games of chance upon the licensed premises or the premises of the small craft brewery.

(g) To receive, possess or sell on the licensed premises or, except as otherwise authorized by this chapter, on the premises of the small craft brewery any beverage of any kind or character containing more than five percent (5%) of alcohol by weight except any beer containing not more than eight percent (8%) of alcohol by weight, unless the licensee also possesses an on-premises or manufacturer's permit under the Local Option Alcoholic Beverage Control Law.

(h) To accept as full or partial payment for any product any coupons that are redeemed directly or indirectly from a manufacturer, wholesaler or distributor of light wine, light spirit product or beer.
Miss. Code Ann. § 67-5-5 — MS Code / Title 67 / Chapter 5 / Section 5-5
Miss. Code Ann. § 67-5-5
Status: in_force

For purposes of this chapter, the following words and phrases shall have the definitions ascribed herein, unless the context otherwise requires:

(a) “Native wine” shall mean any product, produced in Mississippi for sale, having an alcohol content not to exceed twenty-one percent (21%) by weight and made in accordance with revenue laws of the United States, which shall be obtained primarily from the alcoholic fermentation of the juice of ripe grapes, fruits, berries, honey or vegetables grown and produced in Mississippi; provided that bulk, concentrated or fortified wines used for blending may be produced without this state and used in producing native wines. The commission shall adopt and promulgate rules and regulations to permit a producer to import such bulk and/or fortified wines into this state for use in blending with native wines without payment of any excise tax that would otherwise accrue thereon. In order to be classified as “native wine” under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from fermentation of grapes, fruits, berries, honey or vegetables grown and produced in Mississippi.

(b) “Native winery” shall mean any place or establishment within this state where native wine is produced in whole or in part for sale.

(c) “Produce” shall mean to do or to perform any act or thing in the process of making native wine.

(d) “Person” shall mean one or more natural persons, or a corporation, partnership or association.

(e) “Producer” shall mean any person who owns, operates or conducts a native winery, but it does not mean the employees of such persons.

(f) “Consumer” shall mean any person who purchases native wine for the purpose of consuming it, giving it away, or distributing it in any way other than by sale, barter or exchange.

(g) “Commission” shall mean the Mississippi State Tax Commission.

(h) “Division” shall mean the Alcoholic Beverage Control Division of the State Tax Commission.
Miss. Code Ann. § 67-1-73 — MS Code / Title 67 / Chapter 1 / Section 1-73
Miss. Code Ann. § 67-1-73
Status: in_force

Every manufacturer, including native wine or native spirit producers, within or without the state, and every other shipper of alcoholic beverages who sells any alcoholic beverage, including native wine or native spirit, within the state, shall, at the time of making such sale, file with the department a copy of the invoice of such sale showing in detail the kind of alcoholic beverage sold, the quantities of each, the size of the container and the weight of the contents, the alcoholic content, and the name and address of the person to whom sold.

Every person transporting alcoholic beverages, including native wine or native spirit, within this state to a point within this state, whether such transportation originates within or without this state, shall, within five (5) days after delivery of such shipment, furnish the department a copy of the bill of lading or receipt, showing the name or consignor or consignee, date, place received, destination, and quantity of alcoholic beverages delivered. Upon failure to comply with the provisions of this section, such person shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the sum of Fifty Dollars ($50.00) for each offense.
Miss. Code Ann. § 67-3-41 — MS Code / Title 67 / Chapter 3 / Section 3-41
Miss. Code Ann. § 67-3-41
Status: in_force

Sections 67-3-31 through 67-3-41 and Section 67-3-53 are declared to be cumulative, amendatory, and supplemental to any and all other acts and laws of this state pertaining to the governing of the sale and distribution of light wines, light spirit products and beers as contained in Sections 27-71-301 through 27-71-347 , Mississippi Code of 1972, and Sections 67-3-17 , 67-3-23 , 67-3-27 , 67-3-29(2) , 67-3-55 , and 67-3-57 .
Miss. Code Ann. § 67-7-3 — MS Code / Title 67 / Chapter 1 / Section 7-3
Miss. Code Ann. § 67-7-3
Status: in_force

The legislative purpose of this chapter is to provide a structure for the business relations between a wholesaler and a supplier of light wine, light spirit product or beer. Regulation in this area is considered necessary for the following reasons:

(a) To maintain stability and healthy competition in the light wine, light spirit product and beer industry in this state.

(b) To promote and maintain a sound, stable and viable system of distribution of light wine, light spirit product and beer to the public.

(c) To provide for the private settlement of disputes between wholesalers and suppliers of light wine, light spirit product or beer as an alternative to civil litigation which consumes the time and resources of the parties and the judicial system.

(d) To promote the public health, safety and welfare.
Miss. Code Ann. § 67-7-12 — MS Code / Title 67 / Chapter 3 / Section 7-12
Miss. Code Ann. § 67-7-12
Status: in_force

A successor shall become obligated to all of the terms and conditions of the agreement in effect on the date of succession. This section applies regardless of the character or form of the succession. A successor has the right to contractually require its wholesalers to comply with operational standards of performance if the standards are uniformly established for all the successor's wholesalers and conform to the provisions of this chapter.
Miss. Code Ann. § 67-11-5 — MS Code / Title 67 / Chapter 9 / Section 11-5
Miss. Code Ann. § 67-11-5
Status: in_force

It shall be lawful to produce native spirit in the State of Mississippi and to sell such native spirit within or without this state. Native spirit shall be subject to the gallonage excise tax levied by Section 67-11-11 .

The production of native spirit is hereby declared, under the laws of this state, to be a privilege and, as such, shall be subject to the privilege license tax levied by Section 67-11-11 .
Miss. Code Ann. § 67-3-59 — MS Code / Title 67 / Chapter 3 / Section 3-59
Miss. Code Ann. § 67-3-59
Status: in_force

(1) Except as provided in this subsection, sales by wholesalers, distributors or manufacturers to persons who do not hold valid permits are unlawful; and any wholesaler, distributor or manufacturer making such sales, or who sells any beer, light spirit product or light wine on which the tax provided by law has not been paid, shall, in addition to any other fines, penalties and forfeitures, be subject to a penalty of Twenty-five Dollars ($25.00) for each sale. If all other applicable taxes are paid, this penalty will not apply to the following: sales to employees of the wholesaler; sales to nonprofit charitable and civic organizations for special fund-raising events provided that the beer, light spirit product or light wine is not resold; sales to affiliated member associations.

(2) The commissioner may assess the penalty by giving notice by mail, demanding payment within thirty (30) days from date of delivery of the notice.

The proceeds of all penalties shall be deposited by the commissioner with the other monies collected by him and shall be disposed of as provided by law.
Miss. Code Ann. § 67-3-37 — MS Code / Title 67 / Chapter 1 / Section 3-37
Miss. Code Ann. § 67-3-37
Status: in_force

It shall be the duty of the county prosecuting attorney or the district attorney, as the case may be, to file complaints as provided in Section 67-3-31 and to prosecute diligently and without delay all complaints filed by him.

It shall be the duty of all peace officers, within their jurisdiction, and all enforcement officers of the Alcoholic Beverage Control Division of the Department of Revenue to enforce the provisions of Section 67-3-53 and they shall frequently visit all licensed premises within their jurisdiction to determine whether such permittees are complying with the laws. They shall promptly investigate all complaints made to them by any citizen relative to any alleged violations of such section within their jurisdiction. When any peace officer or enforcement officer of the Alcoholic Beverage Control Division has knowledge of a violation of such section committed by a permittee within his jurisdiction, it shall be his duty forthwith to file an affidavit with the county prosecuting attorney or district attorney requesting that a complaint be filed for the revocation or suspension of the permit of the permittee.
Miss. Code Ann. § 67-7-17 — MS Code / Title 67 / Chapter 7 / Section 7-17
Miss. Code Ann. § 67-7-17
Status: in_force

A wholesaler may not waive any of the rights granted in any provision of this chapter and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
Miss. Code Ann. § 67-7-7 — MS Code / Title 67 / Chapter 7 / Section 7-7
Miss. Code Ann. § 67-7-7
Status: in_force

A supplier shall not do the following:

(a) Fail to provide each wholesaler of the supplier's brand or brands with a written agreement which contains in total the supplier's agreement with each wholesaler, and designates a specific sales territory. Any agreement which is in existence on April 7, 1995, shall be renewed consistent with this chapter, provided that this chapter may be incorporated by reference in the agreement. Nothing contained herein shall prevent a supplier from appointing, one (1) time for a period not to exceed ninety (90) days, a wholesaler to service temporarily a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of the chapter, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 67-7-11 and 67-7-15 .

(b) Fix, maintain or establish the price at which a wholesaler shall sell any light wine, light spirit product or beer.

(c) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of light wine, light spirit product or beer in the same territory or any portion thereof, or to sell directly to any retailer in this state.

(d) Require any wholesaler to accept delivery of any light wine, light spirit product or beer or other commodity which has not been ordered by the wholesaler, except that a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers who have an agreement with the supplier.

(e) Require any wholesaler to accept delivery of any light wine, light spirit product or beer or other commodity ordered by a wholesaler if the order was properly cancelled by the wholesaler in accordance with the supplier's procedure.

(f) Require any wholesaler to do any illegal act or to violate any law or regulation by threatening to amend, modify, cancel, terminate or refuse to renew any agreement existing between the supplier and wholesaler.

(g) Require a wholesaler to assent to any condition, stipulation or provision limiting the wholesaler's right to sell the brand or brands of light wine, light spirit product or beer of any other supplier unless the acquisition of the brand or brands of another supplier would materially impair or adversely affect the wholesaler's quality of service, sales or ability to compete effectively in representing the brand or brands of the supplier presently being sold by the wholesaler, except that in any action challenging a supplier's position, the supplier shall have the burden of providing that such acquisition of such other brand or brands would have such effect.

(h) Require a wholesaler to purchase one or more brands of light wine, light spirit product or beer products in order for the wholesaler to purchase another brand or brands of light wine, light spirit product or beer for any reason, except that a wholesaler that has agreed to distribute a brand or brands before April 7, 1995, shall continue to distribute the brand or brands in conformance with this chapter.

(i) Require a wholesaler to submit audited profit and loss statements, balance sheets or financial records as a condition of renewal or continuation of an agreement, except that a supplier may require reasonable proof of a wholesaler's financial condition prior to extending credit terms to a wholesaler.

(j) Withhold delivery of light wine, light spirit product or beer ordered by wholesaler, or change a wholesaler's quota of a brand or brands if the withholding or change is not made in good faith.

(k) Require a wholesaler by any means directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier.

(l) Take any retaliatory action against a wholesaler that files a complaint in good faith regarding an alleged violation by the supplier of federal, state or local law or an administrative rule as a result of that complaint.

(m) Require or prohibit any change in the manager or successor manager of any wholesaler who has been approved by the supplier as of or after April 7, 1995, unless the supplier acts in good faith. Should a wholesaler change an approved manager or successor manager, a supplier shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material and reasonable standards and qualifications for managers consistently applied to similarly situated wholesalers by the supplier, except that, in any action challenging a supplier's decision, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications.

(n) Upon written notice of intent to transfer the wholesaler's business, interfere with, prevent or unreasonably delay (not to exceed thirty (30) days) the transfer of the wholesaler's business if the proposed transferee is a designated member.

(o) Upon written notice of intent to transfer the wholesaler's business other than to a designated member, withhold consent to or approval of, or unreasonably delay (not to exceed thirty (30) days after receipt of all material information reasonably requested) a response to a request by the wholesaler for any transfer of a wholesaler's business if the proposed transferee meets the nondiscriminatory material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers.

(p) Restrict or inhibit the right of free association among wholesalers for any lawful purpose.

(q) Threaten to cancel or withhold credit, or to reduce the time period normally given the wholesaler to make payment on a delivery from the supplier as a means of compelling the wholesaler to meet certain standards of performance in any area of business not directly related to credit.
Miss. Code Ann. § 67-3-73 — MS Code / Title 67 / Chapter 1 / Section 3-73
Miss. Code Ann. § 67-3-73
Status: in_force

(1) The Mississippi Legislature finds and declares that the consumption of intoxicating beverages, rather than the sale or serving or furnishing of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person.

(2) Notwithstanding any other law to the contrary, no holder of an alcoholic beverage, beer, light spirit product or light wine permit, or any agent or employee of such holder, who lawfully sells or serves intoxicating beverages to a person who may lawfully purchase such intoxicating beverages, shall be liable to such person or to any other person or to the estate, or survivors of either, for any injury suffered off the licensed premises, including wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were sold or served.

(3) Notwithstanding any other law to the contrary, no social host who serves or furnishes any intoxicating beverage to a person who may lawfully consume such intoxicating beverage shall be liable to such person or to any other person or to the estate, or survivors of either, for any injury suffered off such social host's premises, including wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were served or furnished. No social host who owns, leases or otherwise lawfully occupies a premises on which, in his absence and without his consent, intoxicating beverages are consumed by a person who may lawfully consume such intoxicating beverage shall be liable to such person or to any other person or to the estate, or survivors of either, for any injury suffered off the premises, including wrongful death and property damage, because of the intoxication of the person who consumed the intoxicating beverages.

(4) The limitation of liability provided by this section shall not apply to any person who causes or contributes to the consumption of alcoholic beverages by force or by falsely representing that a beverage contains no alcohol, or to any holder of an alcoholic beverage, beer, light spirit product or light wine permit, or any agent or employee of such holder when it is shown that the person making a purchase of an alcoholic beverage was at the time of such purchase visibly intoxicated.
Miss. Code Ann. § 67-1-63 — MS Code / Title 67 / Chapter 1 / Section 1-63
Miss. Code Ann. § 67-1-63
Status: in_force

(1) Any permittee may renew his permit at the expiration thereof for an additional term of one (1) year, provided he is then qualified to receive a permit and the premises for which the renewal is sought are suitable for such purposes. The renewal privilege herein provided for shall not be construed as a vested right. No “on-premises” retailer's permit shall be renewed at the expiration thereof for any “hotel” or “restaurant” under this article unless the commission is satisfied that the holder thereof is continuing to meet the requirements of a hotel or restaurant, as defined in Section 67-1-5 .

(2) When an application for the renewal of a permit has been denied by the department for a reason other than for being incomplete, for failure to pay any applicable license privilege taxes or fees required for renewal or for failure to post a bond, cash or securities as required by Section 27-71-21 , the permittee shall be allowed to continue to operate under the permit for which renewal was denied until the last of the following dates:

(a) The date on which the permit expires;

(b) The date on which the time period for filing an appeal of the denial of the renewal to the Board of Tax Appeals expires;

(c) If the denial is timely appealed to the Board of Tax Appeals and this appeal is later withdrawn, the date on which the withdrawal of appeal occurs; or

(d) If the denial is timely appealed to the Board of Tax Appeals and an order is entered by the Board of Tax Appeals affirming the denial of the renewal, the date on which the permittee receives notice of the decision of the Board of Tax Appeals affirming the denial. Refusal to accept delivery of such notice or the posting of the final decision of the Board of Tax Appeals at the permitted place of business shall constitute receipt of notice by the permittee of this decision.

(3) If the denial of an application for renewal of a permit is appealed to the Board of Tax Appeals and the board reverses the denial of the application for renewal, the department shall renew and issue the permit from its last expiration date.

(4) The issuance and/or renewal of a permit based on the decision of the Board of Tax Appeals shall not bar or estop the department from appealing this decision of the Board of Tax Appeals to chancery court under Section 67-1-39 . Any subsequent renewal of this permit while an appeal by the department from the decision of the Board of Tax Appeals is pending shall be subject to the final decision of the court on this appeal. If in such an appeal by the department, a court enters a final decision and/or order reversing the decision of the board and affirming the denial of the application for a permit or the application for renewal of a permit, the permit, even if subsequently renewed, shall be deemed denied and not authorize the permittee to sell alcoholic beverages under that permit after the date on which the decision and/or order of the court affirming the denial of the permit becomes final and not subject to any further appeal.
Miss. Code Ann. § 67-3-7 — MS Code / Title 67 / Chapter 3 / Section 3-7
Miss. Code Ann. § 67-3-7
Status: in_force

(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, light spirit product 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%) or fifteen hundred (1,500), whichever number is the lesser, 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, light spirit product 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%) or fifteen hundred (1,500), whichever number is the lesser, 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, light spirit product or light wine, as defined herein.

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

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

(b) Sell light wine, light spirit product or beer at a qualified resort area as defined in Section 67-1-5 if such light wine, light spirit product or beer is sold by a person with a permit to engage in the business as a retailer of light wine, light spirit product 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, light spirit product or beer in unopened containers; however, this paragraph shall not apply to a retailer unless the retailer has purchased the light wine, light spirit product 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, light spirit product or beer; or

(e) Transport homemade beer as authorized in Section 67-3-11 .
Miss. Code Ann. § 67-3-63 — MS Code / Title 67 / Chapter 3 / Section 3-63
Miss. Code Ann. § 67-3-63
Status: in_force

The commissioner shall cause a record to be kept of the names and places of business of all persons engaged in the brewing of beer, of all persons engaged in the manufacture of light wines or light spirit products, and of all persons engaged in the sale of light wines, light spirit products and/or beer, whether at retail or otherwise. He shall also cause a record to be kept of all beer, light spirit products and light wines (and of the amount thereof) brewed or manufactured by each brewery or winery, and of all such liquors (and of the amount thereof) sold by each brewery or winery, with the names and business addresses of the purchasers, and of all such liquors (and of the amount thereof) sold by every dealer other than a brewer or manufacturer, and in the case of sales by dealers other than retail dealers, of the names and business addresses of the purchasers.

The commissioner shall cause a record to be kept of all expenses incurred in the collection of such data.
Miss. Code Ann. § 67-3-7 — MS Code / Title 67 / Chapter 1 / Section 3-7
Miss. Code Ann. § 67-3-7
Status: in_force

(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, light spirit product 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%) or fifteen hundred (1,500), whichever number is the lesser, 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, light spirit product 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%) or fifteen hundred (1,500), whichever number is the lesser, 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, light spirit product or light wine, as defined herein.

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

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

(b) Sell light wine, light spirit product or beer at a qualified resort area as defined in Section 67-1-5 if such light wine, light spirit product or beer is sold by a person with a permit to engage in the business as a retailer of light wine, light spirit product 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, light spirit product or beer in unopened containers; however, this paragraph shall not apply to a retailer unless the retailer has purchased the light wine, light spirit product 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, light spirit product or beer; or

(e) Transport homemade beer as authorized in Section 67-3-11 .
Miss. Code Ann. § 67-1-32 — MS Code / Title 67 / Chapter 1 / Section 1-32
Miss. Code Ann. § 67-1-32
Status: in_force

Each person employed as a sworn law enforcement officer by the department who retires for superannuation or for reason of disability under the Public Employees' Retirement System shall be allowed to retain as personal property one (1) sidearm which was issued to such law enforcement officer by the department.
Miss. Code Ann. § 67-11-3 — MS Code / Title 67 / Chapter 5 / Section 11-3
Miss. Code Ann. § 67-11-3
Status: in_force

For purposes of this chapter, the following words and phrases shall have the definitions ascribed herein, unless the context otherwise requires:

(a) “ Native spirit ” shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages. In order to be classified as “native spirit” under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from distillation of fermented grain, starch, molasses or sugar grown and produced in Mississippi.

(b) “ Native distillery ” shall mean any place or establishment within this state where native spirit is produced in whole or in part for sale.

(c) “ Produce ” shall mean to do or to perform any act or thing in the process of making native spirit.

(d) “ Person ” shall mean one or more natural persons, or a corporation, partnership or association.

(e) “ Producer ” shall mean any person who owns, operates or conducts a native distillery, but it does not mean the employees of such persons.

(f) “ Consumer ” shall mean any person who purchases native spirit for the purpose of consuming it, giving it away, or distributing it in any way other than by sale, barter or exchange.

(g) “ Department ” shall mean the Mississippi Department of Revenue.

(h) “ Division ” shall mean the Alcoholic Beverage Control Division of the department.
Miss. Code Ann. § 67-7-21 — MS Code / Title 67 / Chapter 3 / Section 7-21
Miss. Code Ann. § 67-7-21
Status: in_force

(1) If a supplier or wholesaler engages in conduct prohibited under this chapter, either party may maintain a civil action against the other to recover actual damages reasonably incurred as the result of the prohibited conduct.

(2) A supplier or wholesaler that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by the other party as a result of that violation.

(3) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this chapter.

(4) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this chapter.

(5) Any legal action taken under this chapter, or in a dispute over the provisions of an agreement shall be filed in a court, state or federal, located in Mississippi, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state.
Miss. Code Ann. § 67-1-47 — MS Code / Title 67 / Chapter 1 / Section 1-47
Miss. Code Ann. § 67-1-47
Status: in_force

All distillers or distributors having contracts with the State Tax Commission for the sale of alcoholic beverages to the State Tax Commission, before making delivery of any merchandise to the State Tax Commission, shall register with the Secretary of State giving their name, address, name of all local agents and any other pertinent information which may be required by the Secretary of State and appointing an agent for the service of process within the State of Mississippi.
Miss. Code Ann. § 67-7-23 — MS Code / Title 67 / Chapter 5 / Section 7-23
Miss. Code Ann. § 67-7-23
Status: in_force

No right or cause of action authorized by Mississippi law shall be waived by the supplier or wholesaler unless specifically waived in the agreement.
Miss. Code Ann. § 67-11-7 — MS Code / Title 67 / Chapter 3 / Section 11-7
Miss. Code Ann. § 67-11-7
Status: in_force

(1) Every native distillery in the State of Mississippi shall apply for a permit as provided for in Section 67-1-51 and shall be issued said initial and renewal permit by the department upon meeting the qualifications and requirements set forth by law or regulation for permits authorized by Section 67-1-51 .

(2) Every native distillery shall register with the Secretary of State, shall show the location and permit number of the distillery, shall show the name and address of the producer owning, conducting or operating the distillery, shall show the name and address of all local agents and such other pertinent information which may be required by the Secretary of State, and shall appoint an agent for service of process within the State of Mississippi.
Miss. Code Ann. § 67-7-13 — MS Code / Title 67 / Chapter 7 / Section 7-13
Miss. Code Ann. § 67-7-13
Status: in_force

(1) Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member, or to any other person who meets the nondiscriminatory material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. The consent or approval of the supplier shall not be required of any transfer of the wholesaler's business, including the assignment of the wholesaler's rights under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee who meets such nondiscriminatory, material and reasonable qualifications and standards. Such designated member or transferee shall in no event be qualified as a transferee, without the written approval or consent of the supplier, where such proposed transferee shall have been involved in the following:

(a) Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of any assignment for the benefit of creditors; or

(b) Revocation or suspension of a special occupational tax license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than thirty-one (31) days; or

(c) Conviction of the proposed transferee or any owner thereof of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or

(d) Had an agreement involuntarily terminated, cancelled, not renewed or discontinued by a supplier for good cause.

(2) The supplier shall not interfere with, prevent or unreasonably delay the transfer of the wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee is a designated member, or if the transferee other than a designated member meets such nondiscriminatory, material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement.
Miss. Code Ann. § 67-9-1 — MS Code / Title 67 / Chapter 1 / Section 9-1
Miss. Code Ann. § 67-9-1
Status: in_force

Notwithstanding the provisions of any section of Title 27 or 67, Mississippi Code of 1972 , it shall be lawful for any person holding an alcohol processing permit to transport and possess alcoholic beverages, light wine, light spirit product and beer, in any part of the state, for his or her use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient, in amounts as limited by the Alcoholic Beverage Control Division of the Department of Revenue. The authority to transport and possess alcoholic beverages, light wine, light spirit product and beer under this section exists regardless of whether (a) the county or municipality in which the transportation or possession takes place has voted for or against coming out from under the dry law, or (b) the transportation, storage, sale, distribution, receipt or manufacture of light wine, light spirit product and beer otherwise is prohibited.

The provisions of this section shall not be construed as amending, repealing or otherwise affecting any statute or any lawfully adopted ordinance, rule or regulation that prohibits or restricts the location at which, or the premises upon which, alcoholic beverages, light wine, light spirit product or beer may be sold or consumed.
Miss. Code Ann. § 67-11-3 — MS Code / Title 67 / Chapter 7 / Section 11-3
Miss. Code Ann. § 67-11-3
Status: in_force

For purposes of this chapter, the following words and phrases shall have the definitions ascribed herein, unless the context otherwise requires:

(a) “ Native spirit ” shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages. In order to be classified as “native spirit” under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from distillation of fermented grain, starch, molasses or sugar grown and produced in Mississippi.

(b) “ Native distillery ” shall mean any place or establishment within this state where native spirit is produced in whole or in part for sale.

(c) “ Produce ” shall mean to do or to perform any act or thing in the process of making native spirit.

(d) “ Person ” shall mean one or more natural persons, or a corporation, partnership or association.

(e) “ Producer ” shall mean any person who owns, operates or conducts a native distillery, but it does not mean the employees of such persons.

(f) “ Consumer ” shall mean any person who purchases native spirit for the purpose of consuming it, giving it away, or distributing it in any way other than by sale, barter or exchange.

(g) “ Department ” shall mean the Mississippi Department of Revenue.

(h) “ Division ” shall mean the Alcoholic Beverage Control Division of the department.
Miss. Code Ann. § 67-1-207 — MS Code / Title 67 / Chapter 1 / Section 1-207
Miss. Code Ann. § 67-1-207
Status: in_force

A plan shall be developed and certified by the commissioner which demonstrates the method by which the state would resume control of the warehouse upon termination of the contract for operations. The plan shall be submitted for review and comment to the Governor, the Lieutenant Governor, the Speaker of the House, the Chairmen of the Senate Finance Committee and the House Ways and Means Committee, and the Joint Legislative Committee on Performance Evaluation and Expenditure Review.
Miss. Code Ann. § 67-1-31 — MS Code / Title 67 / Chapter 1 / Section 1-31
Miss. Code Ann. § 67-1-31
Status: in_force

The department shall issue to all agents and inspectors appointed under this article a written certificate of appointment under the seal of said department, of which judicial notice shall be taken by all courts of this state. Such agents and inspectors are hereby declared to be police officers in enforcing the provisions of this article, and in the performance of their duties such employees shall have the authority to bear arms, to make arrests, to make searches and seizures under this article, and to serve any protest, notice or order connected with the enforcement of this article by whatever officer or authority of court issued. The members of the department shall not be personally liable to any person on account of any act, neglect or omission of any such agent or inspector.

The powers and duties of the agents and inspectors shall include, in addition to all others prescribed by law the following powers: to arrest, without warrant, any person committing or attempting to commit a misdemeanor, felony or a breach of the peace within his presence or view, and to pursue and so arrest any person committing such an offense to and at any place in the state where the person may go or be; and to aid and assist any law enforcement officer, if requested.
Miss. Code Ann. § 67-1-27 — MS Code / Title 67 / Chapter 1 / Section 1-27
Miss. Code Ann. § 67-1-27
Status: in_force

Before entering into the duties of his office, the director, and such other agents, inspectors and employees appointed under the provisions of this article as the commission shall designate, shall give surety bond, with some company authorized to do business in the State of Mississippi and approved by the State Insurance Commissioner, appearing thereon as surety, in a sum of not less than five thousand dollars, conditioned upon the faithful performance of their duties. The premiums for such bonds shall be paid out of funds appropriated for the support of the commission.
Miss. Code Ann. § 67-5-3 — MS Code / Title 67 / Chapter 5 / Section 5-3
Miss. Code Ann. § 67-5-3
Status: in_force

The Legislature of the State of Mississippi, recognizes, by the passage of this chapter, the vital contribution of the agricultural industry to the economy of this state, and declares that the intent of this chapter is to enhance and expand such industry by authorizing and encouraging the domestic production of native wines from grapes, berries, fruits, honey and vegetables grown and produced in Mississippi.

The Legislature further recognizes the vital contribution of the tourist industry to the economy of this state, and declares that the intent of this chapter is to enhance such industry by encouraging the planting and development of native vineyards, the construction of native wineries, and the production and sale of native wines so that tourists traveling through Mississippi may visit vineyards, wineries and wine cellars, and purchase Mississippi domestic wines.

The Legislature of the State of Mississippi further recognizes the need for the expansion, diversification and development of Mississippi economy, and declares that the intent of this chapter is to authorize and encourage the introduction of a new industry into this state which will provide new employment opportunities, additional income, and support for existing industries in this state.
Miss. Code Ann. § 67-3-3 — MS Code / Title 67 / Chapter 1 / Section 3-3
Miss. Code Ann. § 67-3-3
Status: in_force

When used in this chapter, unless the context indicates otherwise:

(a) “ Commissioner ” means the Commissioner of Revenue of the Department of Revenue of the State of Mississippi, and his authorized agents and employees.

(b) “ Person ” means one or more persons, a company, a corporation, a partnership, a syndicate or an association.

(c) “ Brewpub ” shall have the meaning ascribed to such term in Section 27-71-301 .

(d) “ Beer ” means a malt beverage as defined in the Federal Alcohol Administration Act and any rules and regulations adopted pursuant to such act of an alcoholic content of not more than eight percent (8%) by weight.

(e) “ Light wine ” means wine of an alcoholic content of not more than five percent (5%) by weight.

(f) “ Small craft brewery ” means a person having a permit under this chapter to manufacture or brew light wine, light spirit product or beer in this state and who manufactures or brews not more than sixty thousand (60,000) barrels of light wine, light spirit product or beer at all breweries that such person or its affiliates, subsidiary or parent company owns or controls or with whom such person contracts with for the manufacture of light wine, light spirit product or beer. For purposes of this paragraph, contract-brewed beer manufactured by a person having a permit under this chapter to manufacture or brew light wine, light spirit product or beer shall be included in the sixty-thousand-barrel limitation.

(g) “ Growler ” means a sealed container that holds not more than one hundred twenty-eight (128) ounces of light wine, light spirit product or beer. A growler must have a label on it stating what it contains.

(h) “ Manufacturer ” shall have the meaning ascribed to such term in Section 27-71-301 .

(i) “ Contract-brewed beer ” means beer brewed by a manufacturer who:

(i) Makes the beer pursuant to a written contract with another beer manufacturer, and neither entity has a controlling interest in the other entity;

(ii) Makes the beer in accordance with a recipe that is a trade secret of the beer manufacturer having its beer made under contract; and

(iii) Has no right to sell the beer to any other beer manufacturer, importer or wholesaler other than the beer manufacturer who contracted for the beer.

(j) “ Light spirit product ” means a beverage of an alcoholic content of not more than six percent (6%) by weight and containing one or more distilled spirits, as defined in Section 67-1-5 .

(k) “ Microbrewery ” means a person having a permit under this chapter to manufacture or brew light wine, light spirit product or beer in this state and who manufactures or brews not more than three thousand (3,000) barrels of light wine, light spirit product or beer at its permitted location.
Miss. Code Ann. § 67-7-3 — MS Code / Title 67 / Chapter 5 / Section 7-3
Miss. Code Ann. § 67-7-3
Status: in_force

The legislative purpose of this chapter is to provide a structure for the business relations between a wholesaler and a supplier of light wine, light spirit product or beer. Regulation in this area is considered necessary for the following reasons:

(a) To maintain stability and healthy competition in the light wine, light spirit product and beer industry in this state.

(b) To promote and maintain a sound, stable and viable system of distribution of light wine, light spirit product and beer to the public.

(c) To provide for the private settlement of disputes between wholesalers and suppliers of light wine, light spirit product or beer as an alternative to civil litigation which consumes the time and resources of the parties and the judicial system.

(d) To promote the public health, safety and welfare.
Miss. Code Ann. § 67-1-43 — MS Code / Title 67 / Chapter 1 / Section 1-43
Miss. Code Ann. § 67-1-43
Status: in_force

Any authorized retail distributor who shall purchase or receive alcoholic beverages from any source except from the department or its warehouse operator, unless authorized by rules and regulations of the department promulgated under Section 67-1-41 , shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Five Hundred Dollars ($500.00), nor more than Two Thousand Dollars ($2,000.00), to which may be added imprisonment in the county jail for not more than six (6) months. Any authorization of such person to sell intoxicating beverages may be revoked as provided by law.
Miss. Code Ann. § 67-7-7 — MS Code / Title 67 / Chapter 3 / Section 7-7
Miss. Code Ann. § 67-7-7
Status: in_force

A supplier shall not do the following:

(a) Fail to provide each wholesaler of the supplier's brand or brands with a written agreement which contains in total the supplier's agreement with each wholesaler, and designates a specific sales territory. Any agreement which is in existence on April 7, 1995, shall be renewed consistent with this chapter, provided that this chapter may be incorporated by reference in the agreement. Nothing contained herein shall prevent a supplier from appointing, one (1) time for a period not to exceed ninety (90) days, a wholesaler to service temporarily a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of the chapter, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 67-7-11 and 67-7-15 .

(b) Fix, maintain or establish the price at which a wholesaler shall sell any light wine, light spirit product or beer.

(c) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of light wine, light spirit product or beer in the same territory or any portion thereof, or to sell directly to any retailer in this state.

(d) Require any wholesaler to accept delivery of any light wine, light spirit product or beer or other commodity which has not been ordered by the wholesaler, except that a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers who have an agreement with the supplier.

(e) Require any wholesaler to accept delivery of any light wine, light spirit product or beer or other commodity ordered by a wholesaler if the order was properly cancelled by the wholesaler in accordance with the supplier's procedure.

(f) Require any wholesaler to do any illegal act or to violate any law or regulation by threatening to amend, modify, cancel, terminate or refuse to renew any agreement existing between the supplier and wholesaler.

(g) Require a wholesaler to assent to any condition, stipulation or provision limiting the wholesaler's right to sell the brand or brands of light wine, light spirit product or beer of any other supplier unless the acquisition of the brand or brands of another supplier would materially impair or adversely affect the wholesaler's quality of service, sales or ability to compete effectively in representing the brand or brands of the supplier presently being sold by the wholesaler, except that in any action challenging a supplier's position, the supplier shall have the burden of providing that such acquisition of such other brand or brands would have such effect.

(h) Require a wholesaler to purchase one or more brands of light wine, light spirit product or beer products in order for the wholesaler to purchase another brand or brands of light wine, light spirit product or beer for any reason, except that a wholesaler that has agreed to distribute a brand or brands before April 7, 1995, shall continue to distribute the brand or brands in conformance with this chapter.

(i) Require a wholesaler to submit audited profit and loss statements, balance sheets or financial records as a condition of renewal or continuation of an agreement, except that a supplier may require reasonable proof of a wholesaler's financial condition prior to extending credit terms to a wholesaler.

(j) Withhold delivery of light wine, light spirit product or beer ordered by wholesaler, or change a wholesaler's quota of a brand or brands if the withholding or change is not made in good faith.

(k) Require a wholesaler by any means directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier.

(l) Take any retaliatory action against a wholesaler that files a complaint in good faith regarding an alleged violation by the supplier of federal, state or local law or an administrative rule as a result of that complaint.

(m) Require or prohibit any change in the manager or successor manager of any wholesaler who has been approved by the supplier as of or after April 7, 1995, unless the supplier acts in good faith. Should a wholesaler change an approved manager or successor manager, a supplier shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material and reasonable standards and qualifications for managers consistently applied to similarly situated wholesalers by the supplier, except that, in any action challenging a supplier's decision, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications.

(n) Upon written notice of intent to transfer the wholesaler's business, interfere with, prevent or unreasonably delay (not to exceed thirty (30) days) the transfer of the wholesaler's business if the proposed transferee is a designated member.

(o) Upon written notice of intent to transfer the wholesaler's business other than to a designated member, withhold consent to or approval of, or unreasonably delay (not to exceed thirty (30) days after receipt of all material information reasonably requested) a response to a request by the wholesaler for any transfer of a wholesaler's business if the proposed transferee meets the nondiscriminatory material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers.

(p) Restrict or inhibit the right of free association among wholesalers for any lawful purpose.

(q) Threaten to cancel or withhold credit, or to reduce the time period normally given the wholesaler to make payment on a delivery from the supplier as a means of compelling the wholesaler to meet certain standards of performance in any area of business not directly related to credit.
Miss. Code Ann. § 67-11-7 — MS Code / Title 67 / Chapter 7 / Section 11-7
Miss. Code Ann. § 67-11-7
Status: in_force

(1) Every native distillery in the State of Mississippi shall apply for a permit as provided for in Section 67-1-51 and shall be issued said initial and renewal permit by the department upon meeting the qualifications and requirements set forth by law or regulation for permits authorized by Section 67-1-51 .

(2) Every native distillery shall register with the Secretary of State, shall show the location and permit number of the distillery, shall show the name and address of the producer owning, conducting or operating the distillery, shall show the name and address of all local agents and such other pertinent information which may be required by the Secretary of State, and shall appoint an agent for service of process within the State of Mississippi.
Miss. Code Ann. § 67-3-15 — MS Code / Title 67 / Chapter 1 / Section 3-15
Miss. Code Ann. § 67-3-15
Status: in_force

(1) Any person who shall brew or manufacture or sell any beer, light spirit product or light wine without first having secured a permit and/or license from the commissioner authorizing the brewing or manufacture or sale of such liquor, shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not more than one (1) year, or both, in the discretion of the court. Any person so convicted may not apply for any permit or license issued by the commissioner until five (5) years have elapsed from the date of such conviction.

(2) This section shall not apply to beer authorized to be made pursuant to Section 67-3-11 .

(3) Any light wine, light spirit product 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 .
Miss. Code Ann. § 67-7-9 — MS Code / Title 67 / Chapter 3 / Section 7-9
Miss. Code Ann. § 67-7-9
Status: in_force

A wholesaler shall not do any of the following:

(a) Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of light wine, light spirit product or beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier.

(b) Sell or deliver light wine, light spirit product or beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of light wine, light spirit product or beer, except that during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption. A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this chapter and shall not have any of the rights provided under Sections 67-7-11 and 67-7-15 with respect to the temporary service territory.

(c) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this chapter, receiving the supplier's written approval for the proposed transfer, except that the consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent (10%) of the wholesaler's business unless such transfer results in a change in control. The wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
Miss. Code Ann. § 67-7-17 — MS Code / Title 67 / Chapter 1 / Section 7-17
Miss. Code Ann. § 67-7-17
Status: in_force

A wholesaler may not waive any of the rights granted in any provision of this chapter and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
Miss. Code Ann. § 67-11-1 — MS Code / Title 67 / Chapter 5 / Section 11-1
Miss. Code Ann. § 67-11-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Native Spirit Law.”
Miss. Code Ann. § 67-7-13 — MS Code / Title 67 / Chapter 5 / Section 7-13
Miss. Code Ann. § 67-7-13
Status: in_force

(1) Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member, or to any other person who meets the nondiscriminatory material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. The consent or approval of the supplier shall not be required of any transfer of the wholesaler's business, including the assignment of the wholesaler's rights under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee who meets such nondiscriminatory, material and reasonable qualifications and standards. Such designated member or transferee shall in no event be qualified as a transferee, without the written approval or consent of the supplier, where such proposed transferee shall have been involved in the following:

(a) Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of any assignment for the benefit of creditors; or

(b) Revocation or suspension of a special occupational tax license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than thirty-one (31) days; or

(c) Conviction of the proposed transferee or any owner thereof of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or

(d) Had an agreement involuntarily terminated, cancelled, not renewed or discontinued by a supplier for good cause.

(2) The supplier shall not interfere with, prevent or unreasonably delay the transfer of the wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee is a designated member, or if the transferee other than a designated member meets such nondiscriminatory, material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement.
Miss. Code Ann. § 67-1-39 — MS Code / Title 67 / Chapter 1 / Section 1-39
Miss. Code Ann. § 67-1-39
Status: in_force

Any appeal from an order of the Board of Tax Appeals regarding an action taken under this article shall be filed without supersedeas to the Chancery Court of the First Judicial District of Hinds County, Mississippi, if the appellant is the department, or to the county of the domicile of any other appellant. Any such appeal shall be based on the record made before the Board of Tax Appeals and shall be filed within thirty (30) days from the date of the order being appealed. There may be an appeal therefrom to the Supreme Court as in other cases provided, but it shall be without supersedeas on the order of the Board of Tax Appeals to them made and finally determined either by the chancery court or the Supreme Court. Actions taken by the department in suspending a permit when required by Section 93-11-157 or 93-11-163 are not actions resulting in an order from which an appeal may be taken under this section. Any appeal of a permit suspension that is required by Section 93-11-157 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163 , as the case may be, rather than the procedure specified in this section.
Miss. Code Ann. § 67-7-19 — MS Code / Title 67 / Chapter 1 / Section 7-19
Miss. Code Ann. § 67-7-19
Status: in_force

(1) This chapter shall apply to agreements entered into or renewed after April 7, 1995.

(2) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer, except that a transfer of a wholesaler's business which requires supplier's consent or approval but is disapproved by the supplier shall be null and void.
Miss. Code Ann. § 67-11-3 — MS Code / Title 67 / Chapter 9 / Section 11-3
Miss. Code Ann. § 67-11-3
Status: in_force

For purposes of this chapter, the following words and phrases shall have the definitions ascribed herein, unless the context otherwise requires:

(a) “ Native spirit ” shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages. In order to be classified as “native spirit” under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from distillation of fermented grain, starch, molasses or sugar grown and produced in Mississippi.

(b) “ Native distillery ” shall mean any place or establishment within this state where native spirit is produced in whole or in part for sale.

(c) “ Produce ” shall mean to do or to perform any act or thing in the process of making native spirit.

(d) “ Person ” shall mean one or more natural persons, or a corporation, partnership or association.

(e) “ Producer ” shall mean any person who owns, operates or conducts a native distillery, but it does not mean the employees of such persons.

(f) “ Consumer ” shall mean any person who purchases native spirit for the purpose of consuming it, giving it away, or distributing it in any way other than by sale, barter or exchange.

(g) “ Department ” shall mean the Mississippi Department of Revenue.

(h) “ Division ” shall mean the Alcoholic Beverage Control Division of the department.
Miss. Code Ann. § 67-1-29 — MS Code / Title 67 / Chapter 1 / Section 1-29
Miss. Code Ann. § 67-1-29
Status: in_force

The director, secretary, agents, inspectors, clerks and employees of the commission appointed under this article shall receive such reasonable compensation as may be fixed by the commission. The director and all agents, inspectors, clerks, and other employees shall be reimbursed for all actual and necessary traveling and other expenses and disbursements incurred or made by them in the discharge of their official duties. Such compensation and expenses shall be paid from funds appropriated for the support of the commission.
Miss. Code Ann. § 67-1-85 — MS Code / Title 67 / Chapter 1 / Section 1-85
Miss. Code Ann. § 67-1-85
Status: in_force

(1) The holder of a package retailer's permit may have signs, lighted or otherwise, on the outside of the premises covered by his permit which advertise, announce or advise of the sale of alcoholic beverages in or on said premises. Wherever the sign is located on the premises, the name of the business shall also include the permit number thereof, preceded by the words “A.B.C. Permit No.”

(2) It shall be lawful to advertise alcoholic beverages by means of signs, billboards or displays on or along any road, highway, street or building.

(3) It shall be lawful for publishers, broadcasters and other kinds, types or forms of public and private advertising media to advertise alcoholic beverages; however, no alcoholic beverages may be advertised during, or within five (5) minutes preceding or following, any television broadcast which consists primarily of animated material intended for viewing by young children.

(4) Notwithstanding the provisions of this section to the contrary, it shall be unlawful to advertise alcoholic beverages by means of signs, billboards or displays in any municipality, county or judicial district which has not voted pursuant to the provisions of this article to legalize the sale of alcoholic beverages.
Miss. Code Ann. § 67-7-23 — MS Code / Title 67 / Chapter 3 / Section 7-23
Miss. Code Ann. § 67-7-23
Status: in_force

No right or cause of action authorized by Mississippi law shall be waived by the supplier or wholesaler unless specifically waived in the agreement.
Miss. Code Ann. § 67-1-75 — MS Code / Title 67 / Chapter 1 / Section 1-75
Miss. Code Ann. § 67-1-75
Status: in_force

If the holder of a package retailer's permit, or any employee thereof:

(a) Shall sell, offer for sale or permit to be sold in, on or about the premises covered by such permit any alcoholic beverages except in the original sealed and unopened packages; or

(b) Shall permit the drinking or consumption of any alcoholic beverages in, on or about the premises covered by such permit except as may be otherwise authorized by this article; or

(c) Shall sell, offer for sale or permit the sale in, on or about the premises of alcoholic beverages in any package or container containing less than fifty (50) milliliters by liquid measure; then such person or employee shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a term of not more than one (1) year, or by both such fine and imprisonment, in the discretion of the court. In addition, in the case of the commission of any of such offenses by the holder of a permit, it shall be the duty of the commission forthwith to revoke the permit held by such person and conviction of the criminal offense shall not be a condition precedent to such revocation.
Miss. Code Ann. § 67-5-5 — MS Code / Title 67 / Chapter 3 / Section 5-5
Miss. Code Ann. § 67-5-5
Status: in_force

For purposes of this chapter, the following words and phrases shall have the definitions ascribed herein, unless the context otherwise requires:

(a) “Native wine” shall mean any product, produced in Mississippi for sale, having an alcohol content not to exceed twenty-one percent (21%) by weight and made in accordance with revenue laws of the United States, which shall be obtained primarily from the alcoholic fermentation of the juice of ripe grapes, fruits, berries, honey or vegetables grown and produced in Mississippi; provided that bulk, concentrated or fortified wines used for blending may be produced without this state and used in producing native wines. The commission shall adopt and promulgate rules and regulations to permit a producer to import such bulk and/or fortified wines into this state for use in blending with native wines without payment of any excise tax that would otherwise accrue thereon. In order to be classified as “native wine” under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from fermentation of grapes, fruits, berries, honey or vegetables grown and produced in Mississippi.

(b) “Native winery” shall mean any place or establishment within this state where native wine is produced in whole or in part for sale.

(c) “Produce” shall mean to do or to perform any act or thing in the process of making native wine.

(d) “Person” shall mean one or more natural persons, or a corporation, partnership or association.

(e) “Producer” shall mean any person who owns, operates or conducts a native winery, but it does not mean the employees of such persons.

(f) “Consumer” shall mean any person who purchases native wine for the purpose of consuming it, giving it away, or distributing it in any way other than by sale, barter or exchange.

(g) “Commission” shall mean the Mississippi State Tax Commission.

(h) “Division” shall mean the Alcoholic Beverage Control Division of the State Tax Commission.
Miss. Code Ann. § 67-5-11 — MS Code / Title 67 / Chapter 3 / Section 5-11
Miss. Code Ann. § 67-5-11
Status: in_force

(1) Within the State of Mississippi, every native winery is authorized to make sales to the department or to consumers at the location of the native winery or its immediate vicinity. Every native winery is authorized to make sales to any producer, manufacturer, wholesaler, retailer or consumer located outside of the State of Mississippi who are authorized by law to purchase the same.

(2) With respect to native wines or distilled spirits sold by the department to retailers under Section 67-1-41 , the native winery or distillery retailer may hold those wines or spirits for onsite pickup instead of shipping them to the department warehouse, at the option of the retailer and pursuant to any rules promulgated by the department.
Miss. Code Ann. § 67-3-15 — MS Code / Title 67 / Chapter 3 / Section 3-15
Miss. Code Ann. § 67-3-15
Status: in_force

(1) Any person who shall brew or manufacture or sell any beer, light spirit product or light wine without first having secured a permit and/or license from the commissioner authorizing the brewing or manufacture or sale of such liquor, shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not more than one (1) year, or both, in the discretion of the court. Any person so convicted may not apply for any permit or license issued by the commissioner until five (5) years have elapsed from the date of such conviction.

(2) This section shall not apply to beer authorized to be made pursuant to Section 67-3-11 .

(3) Any light wine, light spirit product 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 .
Miss. Code Ann. § 67-1-33 — MS Code / Title 67 / Chapter 1 / Section 1-33
Miss. Code Ann. § 67-1-33
Status: in_force

(1) No member of the Board of Tax Appeals, Commissioner of Revenue of the Department of Revenue, or person appointed or employed by the department under this article, including its warehouse operator, shall solicit, accept or receive any gift, gratuity, emolument or employment from any person subject to the provisions of this article, or from any officer, agent or employee thereof.

(2) No member of the Board of Tax Appeals, the Commissioner of Revenue of the Department of Revenue, or person appointed or employed by the department under this article, including its warehouse operator, shall solicit, request from or recommend, directly or indirectly, to any person subject to the provisions of this article, or to any officer, agent or employee thereof, the appointment of any person to any place or position.

(3) Every person subject to the provisions of this article, and every officer, agent or employee thereof, is hereby forbidden to offer to any member of the Board of Tax Appeals, to the Commissioner of Revenue or to any person appointed or employed by the department under this article, including its warehouse operator, any gift, gratuity, emolument or employment.

(4) If any member of the Board of Tax Appeals, the Commissioner of Revenue or any person appointed or employed by the department under this article, including its warehouse operator, shall violate any of the provisions of this section, he shall be removed from the office or employment held by him.

(5) Every person violating the provisions of this section shall be guilty of a misdemeanor.

(6) For purposes of this provision, the terms “gift,” “gratuity,” “emolument” and “employment” do not include the payment of expenses associated with social occasions afforded public servants or any other benefit that does not come within the definition of “pecuniary benefit” as defined in Section 25-4-103 .
Miss. Code Ann. § 67-3-33 — MS Code / Title 67 / Chapter 3 / Section 3-33
Miss. Code Ann. § 67-3-33
Status: in_force

Upon filing a complaint with the clerk of the court, the county prosecuting attorney or district attorney filing the same shall promptly move the court to set the complaint for hearing. The court shall set the complaint for hearing at an early date in term time or in vacation and such proceedings shall have precedence for trial over all civil actions. Upon a date for trial being set by the court, the county prosecuting attorney or district attorney shall serve or cause to be served upon the permittee in accordance with the Mississippi Rules of Civil Procedure a notice of the filing of said complaint, together with a copy of said complaint, and shall set forth in said notice the time and place of the hearing thereon. Said notice shall be served upon the permittee at least ten (10) days prior to the date set for hearing if personal service be made. If service be made by mail, such notice shall be deposited in the United States mail not less than twelve (12) days prior to the date set for hearing. A copy of said complaint and notice of hearing thereon shall also be mailed to the commissioner by the county prosecuting attorney or district attorney.
Miss. Code Ann. § 67-3-3 — MS Code / Title 67 / Chapter 3 / Section 3-3
Miss. Code Ann. § 67-3-3
Status: in_force

When used in this chapter, unless the context indicates otherwise:

(a) “ Commissioner ” means the Commissioner of Revenue of the Department of Revenue of the State of Mississippi, and his authorized agents and employees.

(b) “ Person ” means one or more persons, a company, a corporation, a partnership, a syndicate or an association.

(c) “ Brewpub ” shall have the meaning ascribed to such term in Section 27-71-301 .

(d) “ Beer ” means a malt beverage as defined in the Federal Alcohol Administration Act and any rules and regulations adopted pursuant to such act of an alcoholic content of not more than eight percent (8%) by weight.

(e) “ Light wine ” means wine of an alcoholic content of not more than five percent (5%) by weight.

(f) “ Small craft brewery ” means a person having a permit under this chapter to manufacture or brew light wine, light spirit product or beer in this state and who manufactures or brews not more than sixty thousand (60,000) barrels of light wine, light spirit product or beer at all breweries that such person or its affiliates, subsidiary or parent company owns or controls or with whom such person contracts with for the manufacture of light wine, light spirit product or beer. For purposes of this paragraph, contract-brewed beer manufactured by a person having a permit under this chapter to manufacture or brew light wine, light spirit product or beer shall be included in the sixty-thousand-barrel limitation.

(g) “ Growler ” means a sealed container that holds not more than one hundred twenty-eight (128) ounces of light wine, light spirit product or beer. A growler must have a label on it stating what it contains.

(h) “ Manufacturer ” shall have the meaning ascribed to such term in Section 27-71-301 .

(i) “ Contract-brewed beer ” means beer brewed by a manufacturer who:

(i) Makes the beer pursuant to a written contract with another beer manufacturer, and neither entity has a controlling interest in the other entity;

(ii) Makes the beer in accordance with a recipe that is a trade secret of the beer manufacturer having its beer made under contract; and

(iii) Has no right to sell the beer to any other beer manufacturer, importer or wholesaler other than the beer manufacturer who contracted for the beer.

(j) “ Light spirit product ” means a beverage of an alcoholic content of not more than six percent (6%) by weight and containing one or more distilled spirits, as defined in Section 67-1-5 .

(k) “ Microbrewery ” means a person having a permit under this chapter to manufacture or brew light wine, light spirit product or beer in this state and who manufactures or brews not more than three thousand (3,000) barrels of light wine, light spirit product or beer at its permitted location.
Miss. Code Ann. § 67-7-1 — MS Code / Title 67 / Chapter 5 / Section 7-1
Miss. Code Ann. § 67-7-1
Status: in_force

This chapter shall be known and may be cited as the “Beer Industry Fair Dealing Act.”
Miss. Code Ann. § 67-11-3 — MS Code / Title 67 / Chapter 1 / Section 11-3
Miss. Code Ann. § 67-11-3
Status: in_force

For purposes of this chapter, the following words and phrases shall have the definitions ascribed herein, unless the context otherwise requires:

(a) “ Native spirit ” shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages. In order to be classified as “native spirit” under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from distillation of fermented grain, starch, molasses or sugar grown and produced in Mississippi.

(b) “ Native distillery ” shall mean any place or establishment within this state where native spirit is produced in whole or in part for sale.

(c) “ Produce ” shall mean to do or to perform any act or thing in the process of making native spirit.

(d) “ Person ” shall mean one or more natural persons, or a corporation, partnership or association.

(e) “ Producer ” shall mean any person who owns, operates or conducts a native distillery, but it does not mean the employees of such persons.

(f) “ Consumer ” shall mean any person who purchases native spirit for the purpose of consuming it, giving it away, or distributing it in any way other than by sale, barter or exchange.

(g) “ Department ” shall mean the Mississippi Department of Revenue.

(h) “ Division ” shall mean the Alcoholic Beverage Control Division of the department.
Miss. Code Ann. § 67-11-9 — MS Code / Title 67 / Chapter 3 / Section 11-9
Miss. Code Ann. § 67-11-9
Status: in_force

(1) Within the State of Mississippi, every native distillery is authorized to make sales to the department or to consumers at the location of the native distillery or its immediate vicinity. Every native distillery is authorized to make sales to any producer, manufacturer, wholesaler, retailer or consumer located outside of the State of Mississippi who is authorized by law to purchase the same.

(2) With respect to native spirits sold by the department to retailers under Section 67-1-41 , the native distillery may hold those spirits for onsite pickup instead of shipping them to the department warehouse, at the option of the retailer and pursuant to any rules promulgated by the department.
Miss. Code Ann. § 67-1-93 — MS Code / Title 67 / Chapter 1 / Section 1-93
Miss. Code Ann. § 67-1-93
Status: in_force

(1) Except as otherwise provided in Section 67-1-99 , when any property, other than an alcoholic beverage or raw material, is seized under this article or Chapter 31 of Title 97, Mississippi Code of 1972 , proceedings under this section shall be instituted promptly.

(2) A petition for forfeiture shall be filed promptly in the name of the State of Mississippi with the clerk of the circuit or county court of the county in which the seizure is made. A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(a) The owner of the property, if address is known;

(b) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the agent or agency which seized the property making a good faith effort to ascertain the identity of such secured party as described in subsections (3), (4), (5), (6) and (7) of this section;

(c) Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the agent or agency has actual knowledge; and

(d) Any person in possession of property subject to forfeiture at the time that it was seized.

(3) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the agent or agency shall make inquiry of the State Tax Commission as to what the records of the State Tax Commission show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.

(4) If the property is a motor vehicle and is not titled in the State of Mississippi then the agent or agency shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the agent or agency shall make inquiry of the appropriate agency of that state to determine through such agency's records the name of the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device which affects the vehicle.

(5) If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, the agent or agency shall make inquiry of the appropriate office designated in Section 75-9-501 to determine through the records of such office the name of the record owner of the property and who, if anyone, has filed a financing statement affecting the property.

(6) If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the agent or agency shall make inquiry of the Administrator of the Federal Aviation Administration to determine through records of the administrator the name of the record owner of the property and who, if anyone, holds an instrument in the name of a security device which affects the property.

(7) In the case of all other property other than an alcoholic beverage or raw material subject to forfeiture, if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the agent or agency shall make a good faith inquiry to identify the holder of any such instrument.

(8) In the event the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, security interest or other interest in the nature of a security interest which affects the property, the agent or agency shall cause any record owner and also any lienholder, secured party or other person who holds an interest in the property in the nature of a security interest which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases.

(9) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the agent or agency shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of __________,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall be made in accordance with the Mississippi Rules of Civil Procedure.

(10) No proceedings instituted pursuant to the provisions of this article shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.
Miss. Code Ann. § 67-3-45 — MS Code / Title 67 / Chapter 1 / Section 3-45
Miss. Code Ann. § 67-3-45
Status: in_force

No manufacturer, distributor or wholesale dealer to whom or to which this chapter applies shall:

(a) Make any loan, directly or indirectly, or furnish any fixtures of any kind, directly or indirectly, to any retail dealer in light wines, light spirit products and/or beer;

(b) Have any interest, direct or indirect, in the business of or in the furnishings or fixtures or in the premises used by any such retail dealer in connection with his or its business;

(c) Have any lien on any such property of any such retail dealer; or

(d) Sell light wines, light spirit products and/or beer to any such retail dealer on credit.

This section shall not apply to a brewpub licensed pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972 , and shall not prohibit a microbrewery or small craft brewery licensed under Article 3, Chapter 71, Title 27, Mississippi Code of 1972 , from being eligible to obtain a retail permit for the sale of beer, light wine or light spirit products on its premises.
Miss. Code Ann. § 67-3-52 — MS Code / Title 67 / Chapter 3 / Section 3-52
Miss. Code Ann. § 67-3-52
Status: in_force

It shall be unlawful for any person holding a permit authorizing the sale of beer, light spirit product or light wine at retail to obtain such beer, light spirit product or light wine from any source outside of the State of Mississippi. Any person who violates the provisions of this section, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court. Any person convicted of violating this section, or any rules or regulations promulgated by the commissioner with regard to the unlawful acts described in this section, shall forfeit his permit. Any person whose permit has been forfeited pursuant to this section shall not be eligible for a permit issued by the commissioner for a period of five (5) years after the date of such forfeiture. In addition, no permit shall be issued for the same location, for which an offender has forfeited a permit pursuant to this section, to a spouse, offspring or sibling of the offender when to do so would circumvent the purposes of this section. The commissioner may assess a retailer who violates this section the amount of excise taxes due on the unlawfully imported beer, light spirit product or light wine, together with a penalty in the amount of four (4) times the state excise taxes due or One Hundred Dollars ($100.00) per case, whichever is greater.
Miss. Code Ann. § 67-5-1 — MS Code / Title 67 / Chapter 3 / Section 5-1
Miss. Code Ann. § 67-5-1
Status: in_force

This chapter shall be cited as the “Mississippi Native Wine Law of 1976.”
Miss. Code Ann. § 67-5-7 — MS Code / Title 67 / Chapter 1 / Section 5-7
Miss. Code Ann. § 67-5-7
Status: in_force

Hereafter, it shall be lawful to produce native wine in the State of Mississippi including the production of non-alcoholic native wines and juices to be used for sacramental purposes, and to sell such native wine within or without this state; provided such native wine shall be subject to the gallonage excise tax as levied by Section 67-5-13 .

The production of native wine is hereby declared, under the laws of this state, to be a privilege, and as such privilege shall be subject to such permit fees upon the exercise of the privilege as levied by Section 67-5-13 .
Miss. Code Ann. § 67-11-9 — MS Code / Title 67 / Chapter 5 / Section 11-9
Miss. Code Ann. § 67-11-9
Status: in_force

(1) Within the State of Mississippi, every native distillery is authorized to make sales to the department or to consumers at the location of the native distillery or its immediate vicinity. Every native distillery is authorized to make sales to any producer, manufacturer, wholesaler, retailer or consumer located outside of the State of Mississippi who is authorized by law to purchase the same.

(2) With respect to native spirits sold by the department to retailers under Section 67-1-41 , the native distillery may hold those spirits for onsite pickup instead of shipping them to the department warehouse, at the option of the retailer and pursuant to any rules promulgated by the department.
Miss. Code Ann. § 67-3-1 — MS Code / Title 67 / Chapter 1 / Section 3-1
Miss. Code Ann. § 67-3-1
Status: in_force

The purpose of this chapter is to legalize the sale within this state of light wines, light spirit products and beer, to legalize the manufacture of beer, and to regulate the business of manufacturing and of selling light wines, light spirit products and beer so as to prevent the illicit manufacture, sale and consumption of alcoholic beverages as defined in Section 67-1-5 , the manufacture and sale of which it is not the purpose of this chapter to legalize.
Miss. Code Ann. § 67-11-1 — MS Code / Title 67 / Chapter 7 / Section 11-1
Miss. Code Ann. § 67-11-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Native Spirit Law.”
Miss. Code Ann. § 67-3-55 — MS Code / Title 67 / Chapter 1 / Section 3-55
Miss. Code Ann. § 67-3-55
Status: in_force

(1) Except as otherwise provided in Section 67-1-41 , it shall be unlawful for any retailer to possess for purpose of sale, to sell, or to offer to sell any light wine, light spirit product or beer which was not purchased from a wholesaler in this state who has a permit to sell such light wine, light spirit product or beer, except for beer, light spirit product or light wine that was brewed on the premises of the retailer who holds a permit as a brewpub pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972 .

(2) It shall be unlawful for any wholesaler to possess for purpose of sale, to sell, or to offer to sell any light wine, light spirit product or beer which was not purchased from a manufacturer or importer of a foreign manufacturer authorized to sell such light wine, light spirit product or beer in this state.

(3) This section shall not apply to:

(a) Beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47 ; or

(b) Light wine, light spirit product or beer sold on the premises of a small craft brewery or microbrewery as authorized in Section 67-3-48 .
Miss. Code Ann. § 67-7-17 — MS Code / Title 67 / Chapter 5 / Section 7-17
Miss. Code Ann. § 67-7-17
Status: in_force

A wholesaler may not waive any of the rights granted in any provision of this chapter and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
Miss. Code Ann. § 67-7-12 — MS Code / Title 67 / Chapter 1 / Section 7-12
Miss. Code Ann. § 67-7-12
Status: in_force

A successor shall become obligated to all of the terms and conditions of the agreement in effect on the date of succession. This section applies regardless of the character or form of the succession. A successor has the right to contractually require its wholesalers to comply with operational standards of performance if the standards are uniformly established for all the successor's wholesalers and conform to the provisions of this chapter.
Miss. Code Ann. § 67-11-9 — MS Code / Title 67 / Chapter 9 / Section 11-9
Miss. Code Ann. § 67-11-9
Status: in_force

(1) Within the State of Mississippi, every native distillery is authorized to make sales to the department or to consumers at the location of the native distillery or its immediate vicinity. Every native distillery is authorized to make sales to any producer, manufacturer, wholesaler, retailer or consumer located outside of the State of Mississippi who is authorized by law to purchase the same.

(2) With respect to native spirits sold by the department to retailers under Section 67-1-41 , the native distillery may hold those spirits for onsite pickup instead of shipping them to the department warehouse, at the option of the retailer and pursuant to any rules promulgated by the department.
Miss. Code Ann. § 67-3-52 — MS Code / Title 67 / Chapter 1 / Section 3-52
Miss. Code Ann. § 67-3-52
Status: in_force

It shall be unlawful for any person holding a permit authorizing the sale of beer, light spirit product or light wine at retail to obtain such beer, light spirit product or light wine from any source outside of the State of Mississippi. Any person who violates the provisions of this section, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court. Any person convicted of violating this section, or any rules or regulations promulgated by the commissioner with regard to the unlawful acts described in this section, shall forfeit his permit. Any person whose permit has been forfeited pursuant to this section shall not be eligible for a permit issued by the commissioner for a period of five (5) years after the date of such forfeiture. In addition, no permit shall be issued for the same location, for which an offender has forfeited a permit pursuant to this section, to a spouse, offspring or sibling of the offender when to do so would circumvent the purposes of this section. The commissioner may assess a retailer who violates this section the amount of excise taxes due on the unlawfully imported beer, light spirit product or light wine, together with a penalty in the amount of four (4) times the state excise taxes due or One Hundred Dollars ($100.00) per case, whichever is greater.
Miss. Code Ann. § 67-11-9 — MS Code / Title 67 / Chapter 7 / Section 11-9
Miss. Code Ann. § 67-11-9
Status: in_force

(1) Within the State of Mississippi, every native distillery is authorized to make sales to the department or to consumers at the location of the native distillery or its immediate vicinity. Every native distillery is authorized to make sales to any producer, manufacturer, wholesaler, retailer or consumer located outside of the State of Mississippi who is authorized by law to purchase the same.

(2) With respect to native spirits sold by the department to retailers under Section 67-1-41 , the native distillery may hold those spirits for onsite pickup instead of shipping them to the department warehouse, at the option of the retailer and pursuant to any rules promulgated by the department.
Miss. Code Ann. § 67-3-35 — MS Code / Title 67 / Chapter 1 / Section 3-35
Miss. Code Ann. § 67-3-35
Status: in_force

The complaint shall be heard by the court without a jury. If the court shall find upon the hearing that the offense or offenses charged in the complaint have been established by the evidence, the court shall order the revocation or suspension of the permit. If the court finds that the permittee has not previously violated the law in the operation of his licensed business, and that no permit or license held by him has previously been suspended or revoked, and if it appears to the satisfaction of the court that there is reasonable ground to expect that the permittee will not again commit the offense or offenses charged in the complaint and that to revoke the permit would be unduly severe, then the court may suspend the permit for such period of time as the court deems proper. However, if the permittee has previously had his permit suspended or revoked, it shall be mandatory upon the court upon a finding of guilty to revoke the said permit. The judgment of the court revoking or suspending such permit shall not be superseded or stayed during the pendency of an appeal therefrom. A certified copy of the final order or decree of the court shall be forwarded by the clerk of the court to the commissioner.

After the filing of a complaint with the clerk of the court for the revocation or suspension of a permit, the court in which the complaint is filed shall retain jurisdiction to hear and determine such complaint and to enter judgment revoking or suspending such permit. For the purpose of such hearing and as to the effect of the judgment of the court entered pursuant thereto, the permit shall be in full force and effect even though the permittee, after filing of such complaint, may have surrendered his permit, or such permit may have expired, or the rights of the permittee thereunder may have otherwise terminated. It is the purpose of this section to preclude the permittee from avoiding the effect of a judgment of revocation by a court by reason of conditions arising subsequent to the filing of a complaint.
Miss. Code Ann. § 67-3-70 — MS Code / Title 67 / Chapter 3 / Section 3-70
Miss. Code Ann. § 67-3-70
Status: in_force

(1) Except as otherwise provided by Section 67-3-54 , any person under the age of twenty-one (21) years who purchases or possesses any light wine, light spirit product or beer shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) and a sentence to not more than thirty (30) days community service.

(2) Any person under the age of twenty-one (21) years who falsely states he is twenty-one (21) years of age or older or presents any document that indicates he is twenty-one (21) years of age or older for the purpose of purchasing or possessing any light wine, light spirit product or beer shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) and a sentence to not more than thirty (30) days community service.

(3) Except as otherwise provided by Section 67-3-54 , any person who knowingly purchases light wine, light spirit product or beer for, or gives light wine, light spirit product or beer to a person under the age of twenty-one (21) years, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) and a sentence to not more than thirty (30) days community service. The punishment provided under this subsection shall not be applicable to violations of Section 97-5-49 .

(4) The term “ community service ” as used in this section shall mean work, projects or services for the benefit of the community assigned, supervised and recorded by appropriate public officials.

(5) If a person under the age of twenty-one (21) years is convicted or enters a plea of guilty of violating subsection (1) or subsection (2) of this section, the trial judge, in lieu of the penalties otherwise provided under this section, shall suspend the minor's driver's license by taking and keeping it in the custody of the court for a period of time not to exceed ninety (90) days. The judge so ordering the suspension shall enter upon his docket “DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ․․․ DAYS IN LIEU OF CONVICTION” and such action by the trial judge shall not constitute a conviction. During the period that the minor's driver's license is suspended, the trial judge shall suspend the imposition of any fines or penalties that may be imposed under this section and may place the minor on probation subject to such conditions as the judge deems appropriate. If the minor violates any of the conditions of probation, then the trial judge shall return the driver's license to the minor and impose the fines, penalties, or both, that he would have otherwise imposed, and such action shall constitute a conviction.

(6) Any person who has been charged with a violation of subsections (1) or (2) of this section may, not sooner than one (1) year after the dismissal and discharge or completion of any sentence and/or payment of any fine, apply to the court for an order to expunge from all official records all recordation relating to his arrest, trial, finding or plea of guilty, and dismissal and discharge. If the court determines that such person was dismissed and the proceedings against him discharged or that such person had satisfactorily served his sentence and/or paid his fine, it shall enter such order.
Miss. Code Ann. § 67-3-54 — MS Code / Title 67 / Chapter 1 / Section 3-54
Miss. Code Ann. § 67-3-54
Status: in_force

(1) A person who is at least eighteen (18) years of age but under the age of twenty-one (21) years may possess and consume light wine, light spirit product or beer with the consent of his parent or legal guardian in the presence of his parent or legal guardian, and it shall not be unlawful for the parent, legal guardian or spouse of such person to furnish light wine, light spirit product or beer to such person who is at least eighteen (18) years of age.

(2) A person who is at least eighteen (18) years of age and who is serving in the armed services of the United States may lawfully possess and consume light wine, light spirit product or beer on military property where the consumption of light wine, light spirit product or beer is allowed.

(3) A person who is under twenty-one (21) years of age shall not be deemed to unlawfully possess or furnish light wine, light spirit product or beer, if in the scope of his employment such person:

(a) Clears or buses tables that have glasses or other containers that contain or did contain light wine, light spirit product or beer;

(b) Waits on tables by taking orders for light wine, light spirit product or beer; or

(c) Stocks, bags or otherwise handles purchases of light wine, light spirit product or beer at a store.
Miss. Code Ann. § 67-11-7 — MS Code / Title 67 / Chapter 5 / Section 11-7
Miss. Code Ann. § 67-11-7
Status: in_force

(1) Every native distillery in the State of Mississippi shall apply for a permit as provided for in Section 67-1-51 and shall be issued said initial and renewal permit by the department upon meeting the qualifications and requirements set forth by law or regulation for permits authorized by Section 67-1-51 .

(2) Every native distillery shall register with the Secretary of State, shall show the location and permit number of the distillery, shall show the name and address of the producer owning, conducting or operating the distillery, shall show the name and address of all local agents and such other pertinent information which may be required by the Secretary of State, and shall appoint an agent for service of process within the State of Mississippi.
Miss. Code Ann. § 67-9-1 — MS Code / Title 67 / Chapter 9 / Section 9-1
Miss. Code Ann. § 67-9-1
Status: in_force

Notwithstanding the provisions of any section of Title 27 or 67, Mississippi Code of 1972 , it shall be lawful for any person holding an alcohol processing permit to transport and possess alcoholic beverages, light wine, light spirit product and beer, in any part of the state, for his or her use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient, in amounts as limited by the Alcoholic Beverage Control Division of the Department of Revenue. The authority to transport and possess alcoholic beverages, light wine, light spirit product and beer under this section exists regardless of whether (a) the county or municipality in which the transportation or possession takes place has voted for or against coming out from under the dry law, or (b) the transportation, storage, sale, distribution, receipt or manufacture of light wine, light spirit product and beer otherwise is prohibited.

The provisions of this section shall not be construed as amending, repealing or otherwise affecting any statute or any lawfully adopted ordinance, rule or regulation that prohibits or restricts the location at which, or the premises upon which, alcoholic beverages, light wine, light spirit product or beer may be sold or consumed.
Miss. Code Ann. § 67-3-27 — MS Code / Title 67 / Chapter 3 / Section 3-27
Miss. Code Ann. § 67-3-27
Status: in_force

Before any person shall engage in the business of manufacturer, wholesaler, distributor or retailer of light wines, light spirit products or beer, he shall apply to the commissioner for a license to engage in such business, and shall pay to the commissioner the specific tax imposed by Section 27-71-303 , for the privilege of engaging in such business. The commissioner upon receipt of such tax shall issue to such person a privilege license to engage in or continue in such business for a period of time not to exceed one (1) year. No such license shall be issued to the applicant unless such applicant shall have obtained from the commissioner a permit as required in Section 67-3-17 . A brewpub shall obtain all necessary federal licenses and permits prior to obtaining any license under this chapter.

All privilege licenses issued under the provisions of this section shall be renewed annually on or before the first day of the month in which the current license expires.
Miss. Code Ann. § 67-3-37 — MS Code / Title 67 / Chapter 3 / Section 3-37
Miss. Code Ann. § 67-3-37
Status: in_force

It shall be the duty of the county prosecuting attorney or the district attorney, as the case may be, to file complaints as provided in Section 67-3-31 and to prosecute diligently and without delay all complaints filed by him.

It shall be the duty of all peace officers, within their jurisdiction, and all enforcement officers of the Alcoholic Beverage Control Division of the Department of Revenue to enforce the provisions of Section 67-3-53 and they shall frequently visit all licensed premises within their jurisdiction to determine whether such permittees are complying with the laws. They shall promptly investigate all complaints made to them by any citizen relative to any alleged violations of such section within their jurisdiction. When any peace officer or enforcement officer of the Alcoholic Beverage Control Division has knowledge of a violation of such section committed by a permittee within his jurisdiction, it shall be his duty forthwith to file an affidavit with the county prosecuting attorney or district attorney requesting that a complaint be filed for the revocation or suspension of the permit of the permittee.
Miss. Code Ann. § 67-1-11 — MS Code / Title 67 / Chapter 1 / Section 1-11
Miss. Code Ann. § 67-1-11
Status: in_force

(1) Notwithstanding any provision of this article, the legalizing provisions of this article, 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 article. 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 article 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 article, 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 article 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.
Miss. Code Ann. § 67-3-61 — MS Code / Title 67 / Chapter 1 / Section 3-61
Miss. Code Ann. § 67-3-61
Status: in_force

Every railroad company, express company, aeroplane company, motor transportation company, steamboat company, or other transportation company, or any person that shall transport into, from place to place within, or out of this state any light wines, light spirit products or beer, whether brewed or manufactured within this state or outside of this state, when requested by the commissioner, shall furnish him with a duplicate of the bill of lading covering the receipt for such liquor, showing the name of the brewer or manufacturer or distributor, and the name and address of the consignor and of the consignee, and the date when and place where received, and the destination and the quantity of such liquor received from the manufacturer or brewer or other consignor for shipment from any point within or without this state to any point within this state.

Any such company or person so transporting any such liquor that shall fail to comply with the requirements of this section, shall forfeit and pay to the State of Mississippi the sum of One Hundred Dollars ($100.00) for each such failure, to be recovered in any court of competent jurisdiction. The commissioner is hereby authorized and empowered to sue in his own name, on the relation and for the use of the State of Mississippi, for such recovery.
Miss. Code Ann. § 67-3-63 — MS Code / Title 67 / Chapter 1 / Section 3-63
Miss. Code Ann. § 67-3-63
Status: in_force

The commissioner shall cause a record to be kept of the names and places of business of all persons engaged in the brewing of beer, of all persons engaged in the manufacture of light wines or light spirit products, and of all persons engaged in the sale of light wines, light spirit products and/or beer, whether at retail or otherwise. He shall also cause a record to be kept of all beer, light spirit products and light wines (and of the amount thereof) brewed or manufactured by each brewery or winery, and of all such liquors (and of the amount thereof) sold by each brewery or winery, with the names and business addresses of the purchasers, and of all such liquors (and of the amount thereof) sold by every dealer other than a brewer or manufacturer, and in the case of sales by dealers other than retail dealers, of the names and business addresses of the purchasers.

The commissioner shall cause a record to be kept of all expenses incurred in the collection of such data.
Miss. Code Ann. § 67-3-13 — MS Code / Title 67 / Chapter 1 / Section 3-13
Miss. Code Ann. § 67-3-13
Status: in_force

(1) It shall be lawful to possess beer, light spirit product 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, light spirit product 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, light spirit product and beer is prohibited, it shall not be unlawful for a permitted wholesaler or distributor to possess light wine, light spirit product and beer when such light wine, light spirit product 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, light spirit product and beer is prohibited, it shall not be unlawful:

(a) To receive or store light wine, light spirit product or beer at a resort area as defined in Section 67-1-5 ;

(b) To distribute and transport light wine, light spirit product 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, light spirit product 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, light spirit product 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, light spirit product or beer; or

(e) To transport homemade beer as authorized in Section 67-3-11 .

(4) Any light wine, light spirit product 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 .
Miss. Code Ann. § 67-11-11 — MS Code / Title 67 / Chapter 7 / Section 11-11
Miss. Code Ann. § 67-11-11
Status: in_force

(1) Upon every producer holding a permit for the production of native spirits, there is levied and imposed for each location for the privilege of engaging and continuing in this state in the production of native spirits an annual privilege license tax in an amount equal to Three Hundred Dollars ($300.00) for each one thousand (1,000) gallons, or any part thereof, of native spirits produced by the distillery.

(2) There is levied and assessed an excise tax upon each case of native spirit sold by a producer to any source to be collected from the producer in the amount provided for in Section 27-71-7 . However, native spirit produced in Mississippi for export and sale without this state and native spirit produced in Mississippi and sold to the department shall not be subject to the excise tax, nor shall the tax accrue or be collected on native spirits dispensed, as free samples in quantities of not more than two (2) ounces, in the tasting room of a native distillery.

(3) The privilege tax imposed by subsection (1) of this section shall be collected in the same manner as presently provided by law for the collection of other alcoholic beverages. The excise tax imposed by subsection (2) of this section shall be reported monthly by the producer to the department on all sales made in Mississippi to consumers at the location of the native distillery in its immediate vicinity, along with a statement of gallonage produced during that month, and the producer shall remit the tax due and owing with each report. The producer shall also include in the report a statement of gallonage sold and exported for sale outside this state.

(4) All taxes levied by and collected under this section shall be deposited in the State General Fund.
Miss. Code Ann. § 67-3-65 — MS Code / Title 67 / Chapter 1 / Section 3-65
Miss. Code Ann. § 67-3-65
Status: in_force

Municipalities may enforce such proper rules and regulations for fixing zones and territories, prescribing hours of opening and of closing, and for such other measures as will promote public health, morals, and safety, as they may by ordinance provide. The board of supervisors of any county may make such rules and regulations as to territory outside of municipalities as are herein provided for municipalities.

Nothing in this chapter shall prohibit the governing body of any municipality from designating what territory surrounding churches and schools in said municipalities, and the board of supervisors of any county from designating what territory surrounding churches and schools outside of any municipality, in which light wines, light spirit products and beer shall not be sold or consumed.
Miss. Code Ann. § 67-3-67 — MS Code / Title 67 / Chapter 1 / Section 3-67
Miss. Code Ann. § 67-3-67
Status: in_force

No county or any officer or agent thereof, nor any other officer, agent, or person, shall interfere with or impede the passage through such county of any light wine, light spirit product or beer moving in accordance with the provisions of this chapter and the provisions of Section 67-9-1 and which in transit to or from any county of this state wherein the traffic in light wines, light spirit products and beer is not prohibited, any county prohibition of such traffic to the contrary notwithstanding.
Miss. Code Ann. § 67-5-11 — MS Code / Title 67 / Chapter 5 / Section 5-11
Miss. Code Ann. § 67-5-11
Status: in_force

(1) Within the State of Mississippi, every native winery is authorized to make sales to the department or to consumers at the location of the native winery or its immediate vicinity. Every native winery is authorized to make sales to any producer, manufacturer, wholesaler, retailer or consumer located outside of the State of Mississippi who are authorized by law to purchase the same.

(2) With respect to native wines or distilled spirits sold by the department to retailers under Section 67-1-41 , the native winery or distillery retailer may hold those wines or spirits for onsite pickup instead of shipping them to the department warehouse, at the option of the retailer and pursuant to any rules promulgated by the department.
Miss. Code Ann. § 67-3-13 — MS Code / Title 67 / Chapter 3 / Section 3-13
Miss. Code Ann. § 67-3-13
Status: in_force

(1) It shall be lawful to possess beer, light spirit product 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, light spirit product 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, light spirit product and beer is prohibited, it shall not be unlawful for a permitted wholesaler or distributor to possess light wine, light spirit product and beer when such light wine, light spirit product 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, light spirit product and beer is prohibited, it shall not be unlawful:

(a) To receive or store light wine, light spirit product or beer at a resort area as defined in Section 67-1-5 ;

(b) To distribute and transport light wine, light spirit product 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, light spirit product 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, light spirit product 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, light spirit product or beer; or

(e) To transport homemade beer as authorized in Section 67-3-11 .

(4) Any light wine, light spirit product 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 .
Miss. Code Ann. § 67-3-31 — MS Code / Title 67 / Chapter 1 / Section 3-31
Miss. Code Ann. § 67-3-31
Status: in_force

Proceedings for the revocation or suspension of any permit authorizing the sale of beer or wine at retail for a violation of any of the provisions of Section 67-3-53 may be brought in the circuit or county court of the county in which the licensed premises are located. Such proceedings shall be entitled in the name of the state and against the permittee and shall be instituted by filing a complaint with the clerk of the court. The complaint may be filed by the county prosecuting attorney of the county upon his own initiative or, then by the district attorney of the district in which the county is located, and it shall be mandatory upon the county prosecuting attorney, or district attorney, as the case may be, to file a complaint when requested to do so by a peace officer or any person as provided in this section. Any peace officer within his jurisdiction or any enforcement officer of the Alcoholic Beverage Control Division within the Department of Revenue who learns that a retail permittee within his jurisdiction has violated any of the provisions of such section shall file with the county prosecuting attorney of the county in which the licensed premises are located, or, then with the district attorney of the district in which such county is located, an affidavit specifying in detail the facts alleged to constitute such violation, and requesting that a complaint be filed against the permittee for the revocation or suspension of his permit. A like affidavit may be filed with the county prosecuting attorney, or district attorney, as the case may be, by any person who resides, and has for at least one (1) year prior thereto resided within the county in which the licensed premises are located requesting that a complaint be filed for the revocation or suspension of the permittee's permit. Promptly upon receiving any such affidavit the county prosecuting attorney, or district attorney, shall prepare a proper complaint, which shall be signed and sworn to by the person or persons filing the affidavit with him, and the county prosecuting attorney or district attorney shall file the complaint with the clerk of the circuit or county court.
Miss. Code Ann. § 67-3-21 — MS Code / Title 67 / Chapter 1 / Section 3-21
Miss. Code Ann. § 67-3-21
Status: in_force

No permit shall be granted to a distributor unless the applicant therefor shall have been a resident of the State of Mississippi for at least two years.
Miss. Code Ann. § 67-3-48.1 — MS Code / Title 67 / Chapter 1 / Section 3-48.1
Miss. Code Ann. § 67-3-48.1
Status: in_force

(1) In the event a small craft brewery is acquired by an entity that manufactures light wine, light spirit product or beer that does not fall within the definition of the term “ small craft brewery ,” the entity that acquired the small craft brewery may continue to operate the brewery as a small craft brewery for as long as the acquired facility meets the definition of the term “small craft brewery”; however, the limit in Section 67-3-3 on the amount of barrels of light wine, light spirit product or beer that a small craft brewery may produce shall not apply to light wine, light spirit product or beer that is not produced by the acquired small craft brewery.

(2) In the event a small craft brewery acquires an entity that manufactures light wine, light spirit product or beer that does not fall within the definition of the term “small craft brewery,” the small craft brewery that acquired the entity may continue to operate as a small craft brewery for as long as the brewery meets the definition of the term “small craft brewery.” The light wine, light spirit product or beer produced by the entity that is acquired by a small craft brewery shall not apply to the limit in Section 67-3-3 on the amount of light wine, light spirit product or beer that the small craft brewery may produce.

(3) A small craft brewery described in subsections (1) and (2) of this section may continue to sell at retail brands the small craft brewery produces on its premises at all locations at which it was selling the brands at retail at the time of the acquisition; however, the small craft brewery may not sell at retail brands produced by the entity that acquired it or by the entity it acquires, as the case may be.
Miss. Code Ann. § 67-3-22 — MS Code / Title 67 / Chapter 3 / Section 3-22
Miss. Code Ann. § 67-3-22
Status: in_force

(1) The production limits for a brewpub shall be based upon production as determined by the Department of Revenue pursuant to Section 27-71-307, Mississippi Code of 1972 , and a brewpub shall not manufacture more than seventy-five thousand (75,000) gallons of light wine or beer per calendar year.

(2) Light wine or beer produced at a brewpub shall not be sold at a price less than it cost to manufacture such light wine or beer.

(3) A brewpub shall be required to offer for sale light wine or beer that is normally carried on the inventory of wholesalers or distributors of light wine or beer.
Miss. Code Ann. § 67-5-13 — MS Code / Title 67 / Chapter 5 / Section 5-13
Miss. Code Ann. § 67-5-13
Status: in_force

(1) Upon every producer holding a permit for the production of native wine, there is levied and imposed for each location for the privilege of engaging and continuing in this state in the production of native wine an annual privilege license tax in an amount equal to Ten Dollars ($10.00) for each ten thousand (10,000) gallons, or any part thereof, of native wine produced by the winery.

(2) There is levied and assessed an excise tax upon each case of native wine sold by a producer to any source to be collected from the producer in the amount provided for in Section 27-71-7 . However, native wine produced in Mississippi for export and sale without this state and native wine produced in Mississippi and sold to the commission shall not be subject to the excise tax, nor shall the tax accrue or be collected on native wines dispensed, as free samples in quantities of not more than six (6) ounces, in the tasting room of a native winery.

(3) The privilege tax imposed by subsection (1) of this section shall be collected in the same manner as presently provided by law for the collection of other alcoholic beverages. The excise tax imposed by subsection (2) of this section shall be reported monthly by the producer to the commission on all sales made in Mississippi to consumers at the location of the native winery or its immediate vicinity, along with a statement of gallonage produced during that month, and the producer shall remit the tax due and owing with each report. The producer shall also include in the report a statement of gallonage sold and exported for sale outside this state.

(4) All taxes levied by and collected under this section shall be deposited in the General Fund.
Miss. Code Ann. § 67-7-3 — MS Code / Title 67 / Chapter 3 / Section 7-3
Miss. Code Ann. § 67-7-3
Status: in_force

The legislative purpose of this chapter is to provide a structure for the business relations between a wholesaler and a supplier of light wine, light spirit product or beer. Regulation in this area is considered necessary for the following reasons:

(a) To maintain stability and healthy competition in the light wine, light spirit product and beer industry in this state.

(b) To promote and maintain a sound, stable and viable system of distribution of light wine, light spirit product and beer to the public.

(c) To provide for the private settlement of disputes between wholesalers and suppliers of light wine, light spirit product or beer as an alternative to civil litigation which consumes the time and resources of the parties and the judicial system.

(d) To promote the public health, safety and welfare.
Miss. Code Ann. § 67-3-25 — MS Code / Title 67 / Chapter 3 / Section 3-25
Miss. Code Ann. § 67-3-25
Status: in_force

(1) Any permit issued authorizing the sale or delivery of light wines, light spirit products and/or beer for consumption shall be construed to authorize the sale or delivery of light wines, light spirit products and/or beer by the bottle, by the glass or by draught, and in or from the original package.

(2) The commissioner is authorized to establish, in his discretion, dates for the expiration of permits issued under this chapter.

(3) Except as otherwise provided in this section, permits shall be issued for twelve (12) months and shall be renewed annually on the first day of the month in which the permit expires. The commissioner may issue temporary permits for less than a full year. All permits shall show the effective date and expiration date of the permit, the business location, individual or business name and mailing address of the permittee.
Miss. Code Ann. § 67-1-99 — MS Code / Title 67 / Chapter 1 / Section 1-99
Miss. Code Ann. § 67-1-99
Status: in_force

(1) Property subject to forfeiture, other than alcoholic beverages or raw materials, as described by Section 67-1-17 and having a value of Two Thousand Five Hundred Dollars ($2,500.00) or less may be forfeited by the administrative forfeiture procedures provided for in this section.

(2) The seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt required, to all persons who are required to be notified pursuant to Section 67-1-93 .

(3) In the event that notice of administrative forfeiture cannot be given as provided in subsection (2) of this section because of refusal, failure to claim, insufficient address or any other reason the seizing law enforcement agency shall provide notice by publication in a newspaper of general circulation in the county in which the seizure took place once a week for three (3) consecutive weeks.

(4) Notice pursuant to subsections (2) and (3) of this section shall include the following information:

(a) A description of the property;

(b) The approximate value of the property;

(c) The date and place of the seizure;

(d) The connection between the property and the violation of the Local Option ABC Laws or Chapter 31, Title 97, Mississippi Code of 1972;

(e) The instructions for filing a request for judicial review; and

(f) A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed.

(5) Persons claiming an interest in the seized property may initiate judicial review of the seizure and proposed forfeiture by filing a written request for judicial review with the chief law enforcement officer of the seizing law enforcement agency within thirty (30) days after receipt of the certified letter or within thirty (30) days after the first publication of notice, whichever is applicable.

(6) If no request for judicial review is timely filed, the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, disposed of, or distributed in accordance with the provision of Section 67-1-97 .

(7) Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in Section 67-1-93 .
Miss. Code Ann. § 67-9-1 — MS Code / Title 67 / Chapter 5 / Section 9-1
Miss. Code Ann. § 67-9-1
Status: in_force

Notwithstanding the provisions of any section of Title 27 or 67, Mississippi Code of 1972 , it shall be lawful for any person holding an alcohol processing permit to transport and possess alcoholic beverages, light wine, light spirit product and beer, in any part of the state, for his or her use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient, in amounts as limited by the Alcoholic Beverage Control Division of the Department of Revenue. The authority to transport and possess alcoholic beverages, light wine, light spirit product and beer under this section exists regardless of whether (a) the county or municipality in which the transportation or possession takes place has voted for or against coming out from under the dry law, or (b) the transportation, storage, sale, distribution, receipt or manufacture of light wine, light spirit product and beer otherwise is prohibited.

The provisions of this section shall not be construed as amending, repealing or otherwise affecting any statute or any lawfully adopted ordinance, rule or regulation that prohibits or restricts the location at which, or the premises upon which, alcoholic beverages, light wine, light spirit product or beer may be sold or consumed.
Miss. Code Ann. § 67-9-1 — MS Code / Title 67 / Chapter 3 / Section 9-1
Miss. Code Ann. § 67-9-1
Status: in_force

Notwithstanding the provisions of any section of Title 27 or 67, Mississippi Code of 1972 , it shall be lawful for any person holding an alcohol processing permit to transport and possess alcoholic beverages, light wine, light spirit product and beer, in any part of the state, for his or her use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient, in amounts as limited by the Alcoholic Beverage Control Division of the Department of Revenue. The authority to transport and possess alcoholic beverages, light wine, light spirit product and beer under this section exists regardless of whether (a) the county or municipality in which the transportation or possession takes place has voted for or against coming out from under the dry law, or (b) the transportation, storage, sale, distribution, receipt or manufacture of light wine, light spirit product and beer otherwise is prohibited.

The provisions of this section shall not be construed as amending, repealing or otherwise affecting any statute or any lawfully adopted ordinance, rule or regulation that prohibits or restricts the location at which, or the premises upon which, alcoholic beverages, light wine, light spirit product or beer may be sold or consumed.
Miss. Code Ann. § 67-7-21 — MS Code / Title 67 / Chapter 5 / Section 7-21
Miss. Code Ann. § 67-7-21
Status: in_force

(1) If a supplier or wholesaler engages in conduct prohibited under this chapter, either party may maintain a civil action against the other to recover actual damages reasonably incurred as the result of the prohibited conduct.

(2) A supplier or wholesaler that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by the other party as a result of that violation.

(3) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this chapter.

(4) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this chapter.

(5) Any legal action taken under this chapter, or in a dispute over the provisions of an agreement shall be filed in a court, state or federal, located in Mississippi, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state.
Miss. Code Ann. § 67-11-5 — MS Code / Title 67 / Chapter 5 / Section 11-5
Miss. Code Ann. § 67-11-5
Status: in_force

It shall be lawful to produce native spirit in the State of Mississippi and to sell such native spirit within or without this state. Native spirit shall be subject to the gallonage excise tax levied by Section 67-11-11 .

The production of native spirit is hereby declared, under the laws of this state, to be a privilege and, as such, shall be subject to the privilege license tax levied by Section 67-11-11 .
Miss. Code Ann. § 67-1-25 — MS Code / Title 67 / Chapter 1 / Section 1-25
Miss. Code Ann. § 67-1-25
Status: in_force

No person shall be appointed director, agent or inspector for the commission under this article who is not a citizen of the United States. No director, agent, inspector or other employee shall be appointed under this article who has been convicted of any violation of any federal or state law concerning the manufacture, sale or possession of alcoholic liquor prior or subsequent to July 1, 1966, or who has paid a fine or penalty in settlement of any prosecution against him for any violation of such laws or shall have forfeited his bond to appear in court to answer charges for any such violation, nor shall any person be so appointed who has been convicted of a felony in any state or federal court. No person appointed or employed by the commission under this article may, directly or indirectly, individually or as a member of a partnership or limited liability company, or as a shareholder of a corporation, have any interest whatsoever in the manufacture, sale or distribution of alcoholic liquor, or receive any compensation or profit therefrom, or have any interest whatsoever in the purchases or sales made by the persons authorized by this article to purchase or to sell alcoholic liquor.

This section shall not prevent any person appointed or employed by the commission from purchasing and keeping in his possession for the use of himself or members of his family or guests any alcoholic liquor which may be purchased or kept by any other person by virtue of this article.
Miss. Code Ann. § 67-11-5 — MS Code / Title 67 / Chapter 7 / Section 11-5
Miss. Code Ann. § 67-11-5
Status: in_force

It shall be lawful to produce native spirit in the State of Mississippi and to sell such native spirit within or without this state. Native spirit shall be subject to the gallonage excise tax levied by Section 67-11-11 .

The production of native spirit is hereby declared, under the laws of this state, to be a privilege and, as such, shall be subject to the privilege license tax levied by Section 67-11-11 .
Miss. Code Ann. § 67-7-9 — MS Code / Title 67 / Chapter 1 / Section 7-9
Miss. Code Ann. § 67-7-9
Status: in_force

A wholesaler shall not do any of the following:

(a) Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of light wine, light spirit product or beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier.

(b) Sell or deliver light wine, light spirit product or beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of light wine, light spirit product or beer, except that during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption. A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this chapter and shall not have any of the rights provided under Sections 67-7-11 and 67-7-15 with respect to the temporary service territory.

(c) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this chapter, receiving the supplier's written approval for the proposed transfer, except that the consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent (10%) of the wholesaler's business unless such transfer results in a change in control. The wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
Miss. Code Ann. § 67-3-5 — MS Code / Title 67 / Chapter 1 / Section 3-5
Miss. Code Ann. § 67-3-5
Status: in_force

(1) It shall be lawful, subject to the provisions set forth in this chapter and in Section 67-1-51 , in this state to transport, store, sell, distribute, possess, receive, deliver and/or manufacture light wine, light spirit product and beer, and it is hereby declared that it is the legislative intent that this chapter privileges the lawful sale and manufacture, within this state, of such light wines, light spirit products and beer. In determining if a wine product is “light wine,” or contains an alcoholic content of more than five percent (5%) by weight, or is not an “alcoholic beverage” as defined in the Local Option Alcoholic Beverage Control Law, Chapter 1 of Title 67, Mississippi Code of 1972 , the alcoholic content of such wine product shall be subject to the same permitted tolerance as is allowed by the labeling requirements for light wine provided for in Section 27-71-509 .

(2) Subject to the provisions set forth in this chapter and in Section 67-1-51 , it shall be lawful in this state to transport, store, sell, distribute, possess, receive, deliver and/or manufacture beer of an alcoholic content of more than eight percent (8%) by weight, if the beer is manufactured to be sold legally in another state and is transported outside of this state for retail sale.
Miss. Code Ann. § 67-3-25 — MS Code / Title 67 / Chapter 1 / Section 3-25
Miss. Code Ann. § 67-3-25
Status: in_force

(1) Any permit issued authorizing the sale or delivery of light wines, light spirit products and/or beer for consumption shall be construed to authorize the sale or delivery of light wines, light spirit products and/or beer by the bottle, by the glass or by draught, and in or from the original package.

(2) The commissioner is authorized to establish, in his discretion, dates for the expiration of permits issued under this chapter.

(3) Except as otherwise provided in this section, permits shall be issued for twelve (12) months and shall be renewed annually on the first day of the month in which the permit expires. The commissioner may issue temporary permits for less than a full year. All permits shall show the effective date and expiration date of the permit, the business location, individual or business name and mailing address of the permittee.
Miss. Code Ann. § 67-3-51 — MS Code / Title 67 / Chapter 3 / Section 3-51
Miss. Code Ann. § 67-3-51
Status: in_force

(1) It shall be unlawful for any person to sell, or offer to sell, or keep for sale any bottled beer, bottled light spirit product or bottled light wine except the same be in the original bottle or in the original package containing bottles, each of which bottles shall bear the original label and the full name of the brewer or manufacturer of the contents of such bottle, both on the label and on the cap or cork of such bottle in the case of beer, and on the label only in the case of light wine and light spirit product.

(2) It shall be unlawful for any person to sell, or offer for sale, or keep for sale any beer, light spirit product or light wine in the original package or packages unless each such original package (whether barrel or other container, and whether containing liquor in bottles or otherwise) shall have plainly stamped on the container or label for each such container the full name of the manufacturer of the liquor therein contained.

(3) It shall be unlawful for any person to sell on draught any beer, light spirit product or light wine except the same be drawn from the original barrel or other container, which such container shall have plainly stamped on each end thereof the full name of the manufacturer of such liquor.

(4) This section shall not apply to beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47 .
Miss. Code Ann. § 67-7-23 — MS Code / Title 67 / Chapter 1 / Section 7-23
Miss. Code Ann. § 67-7-23
Status: in_force

No right or cause of action authorized by Mississippi law shall be waived by the supplier or wholesaler unless specifically waived in the agreement.
Miss. Code Ann. § 67-1-45 — MS Code / Title 67 / Chapter 1 / Section 1-45
Miss. Code Ann. § 67-1-45
Status: in_force

No manufacturer, rectifier or distiller of alcoholic beverages shall sell or attempt to sell any such alcoholic beverages, except malt liquor, within the State of Mississippi, except to the department, or as provided in Section 67-1-41 , or pursuant to Section 67-1-51 . A producer of native wine or native spirit may sell native wines or native spirits, respectively, to the department or to consumers at the location of the native winery or native distillery or its immediate vicinity.

Any violation of this section by any manufacturer, rectifier or distiller shall be punished by a fine of not less than Five Hundred Dollars ($500.00), and not more than Two Thousand Dollars ($2,000.00), to which may be added imprisonment in the county jail not to exceed six (6) months.
Miss. Code Ann. § 67-1-9 — MS Code / Title 67 / Chapter 1 / Section 1-9
Miss. Code Ann. § 67-1-9
Status: in_force

(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 article. 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 article.

(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.
Miss. Code Ann. § 67-3-11 — MS Code / Title 67 / Chapter 1 / Section 3-11
Miss. Code Ann. § 67-3-11
Status: in_force

(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.
Miss. Code Ann. § 67-1-3 — MS Code / Title 67 / Chapter 1 / Section 1-3
Miss. Code Ann. § 67-1-3
Status: repealed

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 article 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 article, 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 article. 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 article. Nothing herein shall be construed to make lawful the possession of alcoholic beverages with the intent to sell except as authorized under this article.

All laws and parts of laws in conflict with this article are repealed only to the extent of such conflict; however, except as is provided in this article, all laws prohibiting the manufacture, sale, and distribution of alcoholic beverages, which are not in conflict with this article 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 article.
Miss. Code Ann. § 67-11-3 — MS Code / Title 67 / Chapter 11 / Section 11-3
Miss. Code Ann. § 67-11-3
Status: in_force

For purposes of this chapter, the following words and phrases shall have the definitions ascribed herein, unless the context otherwise requires:

(a) “ Native spirit ” shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages. In order to be classified as “native spirit” under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from distillation of fermented grain, starch, molasses or sugar grown and produced in Mississippi.

(b) “ Native distillery ” shall mean any place or establishment within this state where native spirit is produced in whole or in part for sale.

(c) “ Produce ” shall mean to do or to perform any act or thing in the process of making native spirit.

(d) “ Person ” shall mean one or more natural persons, or a corporation, partnership or association.

(e) “ Producer ” shall mean any person who owns, operates or conducts a native distillery, but it does not mean the employees of such persons.

(f) “ Consumer ” shall mean any person who purchases native spirit for the purpose of consuming it, giving it away, or distributing it in any way other than by sale, barter or exchange.

(g) “ Department ” shall mean the Mississippi Department of Revenue.

(h) “ Division ” shall mean the Alcoholic Beverage Control Division of the department.
Miss. Code Ann. § 67-7-19 — MS Code / Title 67 / Chapter 5 / Section 7-19
Miss. Code Ann. § 67-7-19
Status: in_force

(1) This chapter shall apply to agreements entered into or renewed after April 7, 1995.

(2) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer, except that a transfer of a wholesaler's business which requires supplier's consent or approval but is disapproved by the supplier shall be null and void.
Miss. Code Ann. § 67-1-55 — MS Code / Title 67 / Chapter 1 / Section 1-55
Miss. Code Ann. § 67-1-55
Status: in_force

No permit of any type shall be issued by the commission until the applicant has first filed with the commission a sworn statement disclosing all persons who are financially involved in the operation of the business for which the permit is sought. If an applicant is an individual, he will swear that he owns one hundred percent (100%) of the business for which he is seeking a permit. If the applicant is a partnership, all partners and their addresses shall be disclosed and the extent of their interest in the partnership shall be disclosed. If the applicant is a corporation, the total stock in the corporation shall be disclosed and each shareholder and his address and the amount of stock in the corporation owned by him shall be disclosed. If the applicant is a limited liability company, each member and their addresses shall be disclosed and the extent of their interest in the limited liability company shall be disclosed. If the applicant is a trust, the trustee and all beneficiaries and their addresses shall be disclosed. If the applicant is a combination of any of the above, all information required to be disclosed above shall be required.

All the disclosures shall be in writing and kept on file at the commission's office and shall be available to the public.

Every applicant must, when applying for a renewal of his permit, disclose any change in the ownership of the business or any change in the beneficiaries of the income from the business.

Any person who willfully fails to fully disclose the information required by this section, or who gives false information, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined a sum not to exceed Five Hundred Dollars ($500.00) or imprisoned for not more than one (1) year, or both, and the person or applicant shall never again be eligible for any permit pertaining to alcoholic beverages.
Miss. Code Ann. § 67-3-11 — MS Code / Title 67 / Chapter 3 / Section 3-11
Miss. Code Ann. § 67-3-11
Status: in_force

(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.