reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-18 - Disposal of seized property by Department of Revenue

(1)
Any alcoholic beverage, light wine, beer, light spirit product or raw material seized under the authority of this article, Chapter 3 of Title 67, or Chapter 31 of Title 97, Mississippi Code of 1972, shall be submitted to the custody of the Mississippi Department of Revenue for disposition.
(2)
(a)
Except as otherwise provided in this paragraph, the department shall not dispose of any alcoholic beverage, light wine, beer, light spirit product or raw material without first providing reasonable notice to all individuals having an interest in the property and an opportunity for them to appear and establish their right or claim to the property. If no hearing is requested by the passage of the appropriate deadline, the department shall require the alcoholic beverages, light wine, beer, light spirit products or raw materials to be sold for the benefit of the state or destroyed.
(b)
The provisions of paragraph (a) of this subsection shall not apply in cases in which the owner or possessor of the alcoholic beverage, light wine, beer, light spirit product or raw material is convicted of selling or possessing alcoholic beverages, beer, light spirit products, light wine or raw materials in a manner or location prohibited by law, or convicted of a violation of Section
67-1-81(2)
or
67-3-70
. In such cases, the alcoholic beverage, light wine, beer, light spirit product or raw materials seized in connection with the violation may be disposed of in the manner prescribed by the department.
(3)
(a)
If the department orders the property, other than alcoholic beverages, sold, then the property shall be sold to the highest bidder, the bidder being any person, firm or government agency. The offer for sale shall be made to not less than three (3) qualified prospective buyers, by mailing them an invitation to bid, which shall describe the property, terms of sale, method of delivery, manner of bidding and fixing a time of not more than fifteen (15) days from the date of invitation for opening of bids received by the department.
(b)
All bids and payment shall be made in the manner as prescribed by the department. Bids, after opening, shall be subject to public inspection.
(4)
If the department orders the sale of seized alcoholic beverages, it may place the alcoholic beverages in the state inventory to be sold to authorized retailers in the same manner as other alcoholic beverages in the state inventory are sold.
(5)
Any appeal from a seizure and disposal made under this section shall be made pursuant to Section
67-1-72
.
Laws, 1984, ch. 424, § 2, eff. 4/23/1984.
Amended by Laws, 2020, ch. 322, HB 858,§ 1, eff. 7/1/2020.
Amended by Laws, 2020, ch. 314, HB 917,§ 38, eff. 6/18/2020.
Amended by Laws, 2016, ch. 470, SB 2055, 1, eff. 7/1/2016.
Amended by Laws, 2015, ch. 438, SB 2071, 2, eff. 4/13/2015.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-19 - Administration of article

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.
Codes, 1942, § 10265-08; Laws, 1966, ch. 540, § 8; Laws, 1980, ch. 561, § 13; Laws, 2009, ch. 492, § 127, eff. 7/1/2010.
Amended by Laws, 2022, ch. 483, SB 2844,§ 13, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-21 - [Repealed]

Repealed by Laws of 2009, ch. 492, § 143, eff. 7/1/2010.
Codes 1942, § 10265-09; Laws, 1966, ch. 540, § 9, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-23 - Appointment of division personnel; oath

The Commissioner of Revenue of the Department of Revenue shall appoint a director of the division, and may appoint or employ such agents, inspectors, clerks and other employees for such division as may be necessary to carry out the provisions of this article or to perform the duties and exercise the powers conferred by this article upon the department. The Commissioner of Revenue shall have the authority to employ, compensate, terminate, suspend with or without pay, promote, demote, transfer or reprimand the director, agents, inspectors, clerks and other employees of the division. The director and all permanent employees of the division shall devote their full time to the duties of their respective offices.
Codes, 1942, § 10265-10; Laws, 1966, ch. 540, § 10; Laws, 1980, ch. 561, § 14; Laws, 2009, ch. 492, § 128, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-25 - Qualifications of personnel

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.
Codes, 1942, § 10265-12; Laws, 1966, ch. 540, § 12; Laws, 2006, ch. 529, § 8; Laws, 2007, ch. 462, § 1, eff. 3/26/2007.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-27 - Bonds of personnel

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.
Codes, 1942, § 10265-14; Laws, 1966, ch. 540, § 14, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-29 - Compensation of personnel

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.
Codes, 1942, § 10265-15; Laws, 1966, ch. 540, § 15, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-31 - Law enforcement authority of agents and inspectors; liability of members of commission for acts or omissions of agents or inspectors

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.
Codes, 1942, § 10265-11; Laws, 1966, ch. 540, § 11; Laws, 1982, ch. 384; Laws, 1995, ch. 350, § 1, eff. 3/14/1995.
Amended by Laws, 2021, ch. 342, HB 512,§ 1, eff. 3/17/2021.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-32 - Retention of sidearm issued by Department of Revenue by certain retiring department law enforcement officers

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.
Added by Laws, 2021, ch. 312, HB 508,§ 1, eff. 3/16/2021.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-33 - Gratuities and gifts to members of the Board of Tax Appeals, Commissioner of Revenue of Department of Revenue or Department of Revenue and employees prohibited

(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
.
Codes, 1942, § 10265-13; Laws, 1966, ch. 540, § 13; Laws, 2009, ch. 492, § 129, eff. 7/1/2010.
Amended by Laws, 2022, ch. 483, SB 2844,§ 14, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-35 - Official seal of the Alcoholic Beverage Control Division of the Department of Revenue

The department may, for authentication of records, process and proceedings, adopt, keep and use a seal for the Alcoholic Beverage Control Division of the Department of Revenue, of which seal judicial notice shall be taken in all courts of this state. Any process, notice or other paper which the department may be authorized by law to issue under this article shall be deemed sufficient if signed by the director and authenticated by such seal. All acts, orders, proceedings, rules, regulations, entries, minutes, and other records of the department in connection with this article, and all reports and documents filed with it under this article, may be proved in any court of this state by a copy thereof certified to by the director with the seal of the division affixed.
Codes, 1942, § 10265-16; Laws, 1966, ch. 540, § 16; Laws, 2009, ch. 492, § 130, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-39 - Appeals from Board of Tax Appeals orders

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.
Codes, 1942, § 10265-17; Laws, 1966, ch. 540, § 17; Laws, 1970, ch. 549, § 1; Laws, 1971, ch. 358, § 1; Laws, 1996, ch. 507, § 16; Laws, 2009, ch. 492, § 132, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-43 - Obtaining alcoholic beverages from source other than department; penalty

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.
Codes, 1942, § 10265-18; Laws, 1966, ch. 540, § 18; Laws, 1976, ch. 467, § 16; Laws, 1988, ch. 397, § 2; Laws, 2006, ch. 352, § 4, eff. 7/1/2006.
Amended by Laws, 2022, ch. 483, SB 2844,§ 16, eff. 7/1/2022.
Amended by Laws, 2020, ch. 422, HB 1088,§ 2, eff. 1/1/2021.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-45 - Selling alcoholic beverages to source other than department; penalty

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.
Codes, 1942, § 10265-18; Laws, 1966, ch. 540, § 18; Laws, 1976, ch. 467, § 17; Laws, 1994, ch. 538, § 3; Laws, 2006, ch. 352, § 5, eff. 7/1/2006.
Amended by Laws, 2021, ch. 388, SB 2606,§ 12, eff. 7/1/2021.
Amended by Laws, 2020, ch. 422, HB 1088,§ 3, eff. 1/1/2021.
Amended by Laws, 2020, ch. 429, SB 2545,§ 8, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-46 - Certain holders of manufacturer's distiller's permits authorized to provide limited amounts of alcoholic beverages on premises for tasting or sampling subject to certain conditions

The holder of a manufacturer's distiller's permit who distills alcoholic beverages at a distillery located in this state may offer and provide limited amounts of alcoholic beverages on the premises of the distillery for the purpose of tasting or sampling, subject to the following conditions:
(a)
The alcoholic beverages provided for tasting or sampling must be manufactured in this state by the holder of the permit operating the distillery at the site of and on the premises of the distillery;
(b)
The alcoholic beverages may be provided only to persons on the premises of the distillery at no cost and for consumption on the premises of the distillery;
(c)
The alcoholic beverages may be provided for tasting or sampling between the hours of 8:00 a.m. and 10:00 p.m. on the same day and only in conjunction with a structured tour of the distillery and related facilities which must include the entire manufacturing and distilling processes and methods used at the distillery;
(d)
No one under twenty-one (21) years of age may participate in the tasting or sampling, and a sign indicating that prohibition shall be placed in a visible location at the entrance to the area where the tasting or sampling will be conducted;
(e)
An individual size sample of alcoholic beverages shall not exceed one-fourth (1/4) ounce, and no more than four (4) samples of alcoholic beverages may be provided to an individual within a twenty-four-hour period; and
(f)
The holder of the permit operating the distillery shall keep an accurate accounting of the various alcoholic beverages provided and consumed as samples.
Added by Laws, 2013, ch. 352, HB 1300, 1, eff. 3/18/2013.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-47 - Distillers and distributors dealing with commission shall register with Secretary of State

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.
Codes, 1942, § 10265-41; Laws, 1968, ch. 526, § 1, eff. 9/6/1968.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-49 - Distillers and distributors dealing with commission shall file statements of salary expenses

All distillers or distributors having contracts with the State Tax Commission for the sale of alcoholic beverages to said commission, shall, on or before February 1st of each year, file a statement, under oath, with the State Tax Commission and with the Secretary of State, listing the names and addresses of each person, firm or corporation in Mississippi to whom or which said distiller or distributor shall have paid or agreed to pay any fee, retainer, salary, or remuneration, during the preceding year, together with a statement of the purpose for such payment. Failure to file such statement shall constitute grounds for the commission to suspend the right of the distiller or distributor to sell to said commission until such time as said statement shall be filed.
Codes, 1942, § 10265-42; Laws, 1968, ch. 526, § 2, eff. 9/6/1968.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-52 - Holder of package retailer's permit authorized to conduct tastings or samplings subject to certain conditions

A package retailer's permit issued under Section
67-1-51(b)
shall be authorized to offer tastings or samplings to be conducted at the package retailer's permitted place of business during which tastes or samples of alcoholic beverages or wine may be offered or served to consumers at no cost to the consumer. During a tasting or sampling authorized by this section, limited amounts of alcoholic beverages or wine may be consumed on the permitted place of business. A tasting or sampling shall not authorize the sale of alcoholic beverages or wine for consumption on the permitted place of business, but shall only authorize the limited consumption of alcoholic beverages or wine at the permitted place of business for the sole purpose of tasting or sampling various alcoholic beverages or wine. No one under twenty-one (21) years of age may participate in a tasting or sampling. No sample may be provided to a visibly intoxicated person. No food may be served or sold at a tasting or sampling. Each sample of wine served shall not exceed one and one-fourth (1-1/4) ounces and no more than a cumulative total of five (5) ounces of wine may be dispensed to any one (1) person during a tasting or sampling. Each sample of a distilled spirit served shall not exceed one-fourth (1/4) of an ounce and no more than a cumulative total of one (1) ounce of distilled spirits may be dispensed to any one (1) person during a tasting or sampling. All product tasted or sampled must be provided by the package retailer from its inventory. Such product cannot be sample product provided by a manufacturer and must have been purchased from the department warehouse or from a licensed wholesaler. Employees of the package retailer may serve any product for tasting or sampling. In addition, a third party may serve any product for tasting or sampling and may open, touch and pour product as well as make a presentation and answer questions. The package retailer shall be responsible for all such actions by the third party. Tickets for a tasting or sampling shall not be sold in the permitted place of business or any other location.
Amended by Laws, 2020, ch. 429, SB 2545,§ 2, eff. 7/1/2020.
Amended by Laws, 2015, ch. 329, HB 1402, 1, eff. 7/1/2015.
Added by Laws, 2014, ch. 516, HB 801, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-53 - Application for permit; notice of application

(1)
Application for permits shall be in such form and shall contain such information as shall be required by the regulations of the commission; however, no regulation of the commission shall require personal financial information from any officer of a corporation applying for an on-premises retailer's permit to sell alcoholic beverages unless such officer owns ten percent (10%) or more of the stock of such corporation.
(2)
Every applicant for each type of permit authorized by Section
67-1-51
shall give notice of such application by publication for two (2) consecutive issues in a newspaper of general circulation published in the city or town in which applicant's place of business is located. However, in instances where no newspaper is published in the city or town, then the notice shall be published in a newspaper of general circulation published in the county where the applicant's business is located. If no newspaper is published in the county, the notice shall be published in a qualified newspaper which is published in the closest neighboring county and circulated in the county of applicant's residence. The notice shall be printed in ten-point black face type and shall set forth the type of permit to be applied for, the exact location of the place of business, the name of the owner or owners thereof, and if operating under an assumed name, the trade name together with the names of all owners, and if a corporation, the names and titles of all officers. The cost of such notice shall be borne by the applicant.
(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.
Codes, 1942, § 10265-19; Laws, 1966, ch. 540, § 19; Laws, 1993, ch. 362, § 1; Laws, 1997, ch. 588, § 21; Laws, 2006, ch. 529, § 7, eff. 4/3/2006.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-55 - Applicants for permits must disclose persons financially interested in business; penalty

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.
Codes, 1942, § 10265-20; Laws, 1966, ch. 540, § 20; Laws, 2006, ch. 529, § 9, eff. 4/3/2006.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-59 - "Applicant" defined

Where the word "applicant" is used in Section
67-1-57
or in Sections
67-1-51
,
67-1-53
,
67-1-55
and
67-1-63
, it shall also mean and include each member of a partnership, limited liability company or association and all officers and the owner or owners of the majority of the corporate stock of a corporation, as of the date of the application.
Codes, 1942, § 10265-23; Laws, 1966, ch. 540, § 23; Laws, 1968, ch. 591, § 1; Laws, 2006, ch. 529, § 11, eff. 4/3/2006.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-61 - Validity, contents and display of permits

All permits issued by the commission shall expire twelve months from date of issuance, and no permit shall be issued for a period longer than one year. Each permit shall state a class to which it belongs, the name of the permittee, the address of the premises for which granted, and the date of its expiration. All permits issued shall at all times be prominently displayed on the premises for which issued.
Codes, 1942, § 10265-21; Laws, 1966, ch. 540, § 21; ch. 649, § 16, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-65 - Issuance of permits in counties having no incorporated municipality

In any county having heretofore voted, or which hereafter votes, to come out from under the prohibition law, in which there is not located an incorporated municipality within such county, the state tax commission may issue package retailer's permits in such county.
Codes, 1942, § 10265-23.5; Laws, 1968, ch. 595, § 1, eff. 6/27/1968.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-67 - Transfer of permit

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.
Codes, 1942, § 10265-24; Laws, 1966, ch. 540, § 24, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-69 - Permittees must comply with federal statutes

No person holding any permit issued under the provisions of this article shall engage in any business or activity authorized by such permit unless such person shall qualify so to do by complying with all statutes of the United States of America, and all regulations issued pursuant thereto, which are applicable or shall pertain to such business or activity, and shall continue to be so qualified at all times while engaging in such business or activity. As a prerequisite to the issuance of any permit under this article, the applicant shall first obtain the required federal occupational stamp for the type of business for which the permit has been approved by the commission.
Codes, 1942, § 10265-29; Laws, 1966, ch. 540, § 29, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-73 - Records and reports; penalty

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.
Codes, 1942, § 10265-30; Laws, 1966, ch. 540, § 30; Laws, 1976, ch. 467, § 19, eff. 5/25/1976.
Amended by Laws, 2021, ch. 388, SB 2606,§ 14, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-75 - Offenses by holder of package retailer's permit or by employee thereof; penalty

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.
Codes, 1942, § 10265-25; Laws, 1966, ch. 540, § 25; Laws, 1977, ch. 418; Laws, 1988, ch. 383, § 3, eff. 7/1/1988.
Amended by Laws, 2014, ch. 516, HB 801, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-79 - Credit to retailers prohibited

No alcoholic beverage shall be sold by any wholesaler to any retailer, nor shall any retailer purchase any alcoholic beverage, except for cash. Each delivery of any alcoholic beverage to a retail permittee shall be accompanied by an invoice of sale or delivery slip which shall bear as its date the date of delivery of such alcoholic beverage.
Codes, 1942, § 10265-27; Laws, 1966, ch. 540, § 27, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-83 - Other prohibited sales; penalty

(1)
It shall be unlawful for any permittee or any employee or agent thereof to sell or furnish any alcoholic beverage to any person who is visibly intoxicated, or to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs. It shall also be unlawful for the holder of any package retailer's permit to sell any alcoholic beverages except by delivery in person to the purchaser at the place of business of the permittee, unless the holder of a package retailer's permit also holds a delivery service permit or uses a delivery service permittee to effect delivery.
(2)
It shall be unlawful for any permittee or any employee or agent thereof to sell or furnish any alcoholic beverage to any person to whom the department has, after investigation, decided to prohibit the sale of those beverages because of an appeal to the department so to do by the husband, wife, father, mother, brother, sister, child, or employer of the person. The interdiction in those cases shall last until removed by the department, but no person shall be held to have violated this subsection unless he has been informed by the department, by registered letter, that it is forbidden to sell to that individual or unless that fact is otherwise known to the permittee or its employee or agent.
(3)
It shall be unlawful for any holder of a package retailer's permit, or any employee or agent thereof, engaged solely in the business of package retail sales under this article to sell or furnish any alcoholic beverage before 10:00 a.m. and after 10:00 p.m. or to sell alcoholic beverages on Sunday and Christmas Day.
(4)
Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term of not more than six (6) months, or by both that fine and imprisonment, in the discretion of the court. In addition to any other penalties prescribed by law, the commission may immediately revoke the permit of any permittee who violates the provisions of this section.
Codes, 1942, § 10265-32; Laws, 1966, ch. 540, § 32; Laws, 1972, ch. 508, § 1; Laws, 1977, ch. 485; Laws, 1986, ch. 486, § 2; Laws, 1989, ch. 384, § 2; Laws, 2008, ch. 442, § 18, eff. 7/1/2008.
Amended by Laws, 2021, ch. 442, HB 1135,§ 4, eff. 7/1/2021.
Amended by Laws, 2021, ch. 402, HB 667,§ 1, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-85 - Regulation of advertising and display of alcoholic beverages

(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.
Codes, 1942, § 10265-33; Laws, 1966, ch. 540, § 33; Laws, 1968, ch. 592, § 1; Laws, 1971, ch. 350, § 1; Laws, 1982, ch. 419; Laws, 1986, ch. 450, § 1; Laws, 1988, ch. 562, § 2; Laws, 1990, ch. 569, § 5, eff. 4/9/1990.
Amended by Laws, 2017, ch. 393, SB 2345, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-87 - General penalty provision

(1)
Any person convicted of a violation of any of the provisions of this article for which no other penalty is specifically provided herein shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.
(2)
Any person convicted of a violation of any rules or regulations promulgated by the commission under the authority of this article shall be subject to a civil penalty to be assessed by the commission in an amount not to exceed One Thousand Dollars ($1,000.00) to be deposited into the State General Fund.
Codes, 1942, § 10265-38; Laws, 1966, ch. 540, § 38; Laws, 1992, ch. 459, § 3, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-89 - Injunctive relief

In addition to any other rights and remedies which it may have, the commission, in the name of the chairman thereof, shall have the right to resort to and apply for injunctive relief, both temporary and permanent, in any court of competent jurisdiction to enforce compliance with the provisions of this article and to restrain and prevent violations and threatened violations thereof. The Attorney General, district attorneys and county attorneys of this state, shall aid and assist the commission in all such actions when requested by the chairman so to do.
Codes, 1942, § 10265-34; Laws, 1966, ch. 540, § 34, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-91 - Enforcement

(1)
It is hereby made the duty of every police and peace officer and every district and county attorney and the Alcoholic Beverage Control Division of the State Tax Commission to enforce the provisions of this article and to inform against and diligently prosecute persons whom they have reasonable cause to believe to be offenders against the provisions thereof. Every such officer refusing or neglecting to do so shall be guilty of a misdemeanor, and the court, in addition to imposing the penalty therefor, shall adjudge forfeiture of his office.
(2)
In any county or municipality where it is readily apparent that local law enforcement authorities in cooperation with the agents and inspectors provided by the commission cannot control the illegal sale of alcoholic beverages, the commission shall request such assistance as it may deem necessary from the Mississippi Highway Safety Patrol; and it shall be the duty of the Governor of the State of Mississippi to see that the laws of the state are properly enforced by use of the additional authority as herein provided.
(3)
The officers, agents and representatives of the State Tax Commission and the Alcoholic Beverage Control Division thereof are authorized and directed to strictly enforce the prohibition laws throughout the state, except in those counties and municipalities which have voted for the legalized sale of intoxicating liquor. The State Highway Patrol, sheriffs, police departments, constables, and all peace officers, and prosecuting attorneys, the Attorney General's office, district attorneys, county attorneys, city attorneys, and all others charged with upholding the law, as well as the citizenry of this state, are hereby urged and directed to uphold the dignity of the law, to foster public respect therefor and to strictly enforce the laws against intoxicating liquor in all cases while operating a motor vehicle on the streets and highways of this state, and to enforce the law and prosecute against the wrongful use of intoxicating liquor in any county or municipality by a permit holder or licensee or anyone else under such circumstances and conditions as would lead to a breakdown in public law or is violative of the public sense of common decency, as well as to enforce the law against gambling, organized crime, or social vice and corruption.
Codes, 1942, §§ 10265-03, 10265-11, 10265-37; Laws, 1966, ch. 540, §§ 3, 11, 37; Laws, 1990, ch. 569, § 6, eff. 4/9/1990.