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 67-1-71 - Suspension and revocation of permits; reasonable notice of charges for which suspension or revocation is sought; hearing before Board of Tax Appeals; applicability of paragraph (i)

The department may revoke or suspend any permit issued by it for a violation by the permittee of any of the provisions of this article or of the regulations promulgated under it by the department.
Permits must be revoked or suspended for the following causes:
(a)
Conviction of the permittee for the violation of any of the provisions of this article;
(b)
Willful failure or refusal by any permittee to comply with any of the provisions of this article or of any rule or regulation adopted pursuant thereto;
(c)
The making of any materially false statement in any application for a permit;
(d)
Conviction of one or more of the clerks, agents or employees of the permittee, of any violation of this article upon the premises covered by such permit within a period of time as designated by the rules or regulations of the department;
(e)
The possession on the premises of any retail permittee of any alcoholic beverages upon which the tax has not been paid;
(f)
The willful failure of any permittee to keep the records or make the reports required by this article, or to allow an inspection of such records by any duly authorized person;
(g)
The suspension or revocation of a permit issued to the permittee by the federal government, or conviction of violating any federal law relating to alcoholic beverages;
(h)
The failure to furnish any bond required by Section
27-71-21
within fifteen (15) days after notice from the department; and
(i)
The conducting of any form of illegal gambling on the premises of any permittee or on any premises connected therewith or the presence on any such premises of any gambling device with the knowledge of the permittee.
The provisions of paragraph (i) of this section shall not apply to gambling or the presence of any gambling devices, with knowledge of the permittee, on board a cruise vessel in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, or on any vessel as defined in Section
27-109-1
whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River. The department may, in its discretion, issue on-premises retailer's permits to a common carrier of the nature described in this paragraph.
The provisions of paragraph (i) of this section shall not apply to the operation of any game or lottery authorized by Chapter 115, Title 27.
No permit shall be suspended or revoked until after the permittee has been provided reasonable notice of the charges against him for which suspension or revocation is sought and the opportunity to a hearing before the Board of Tax Appeals to contest such charges and the suspension or revocation proposed. Opportunity to a hearing is provided without an actual hearing if the permittee, after receiving reasonable notice, including notice of his right to a hearing, fails to timely request a hearing. The permittee may also at any time waive his rights to reasonable notice and/or to the opportunity to a hearing by agreeing to a suspension or revocation offered by the department. Notwithstanding the requirement above that a permit may not be suspended without notice and opportunity to a hearing, sales of alcoholic beverages by a permittee under a permit for which the bond under Section
27-71-21
has been cancelled shall be suspended from and after issuance of the notice provided in paragraph (h) above and shall continue to be suspended until the bond is reinstated, a new bond is posted or sufficient cash or securities as provided under Section
27-71-21
are deposited with the State Treasurer for this permit.
In addition to the causes specified in this section and other provisions of this article, the department shall be authorized to suspend the permit of any permit holder for being out of compliance with an order for support, as defined in Section
93-11-153
. The procedure for suspension of a permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a permit suspended for that purpose, shall be governed by Section
93-11-157
or
93-11-163
, as the case may be. If there is any conflict between any provision of Section
93-11-157
or
93-11-163
and any provision of this article, the provisions of Section
93-11-157
or
93-11-163
, as the case may be, shall control.
Codes, 1942, § 10265-28; Laws, 1966, ch. 540, § 28; Laws, 1989, ch. 310, § 1; Laws, 1989, ch. 480, § 8; Laws, 1990, ch. 449, § 2; Laws, 1990, ch. 573, § 6; Laws, 1990 Ex Sess, ch. 45 § 146; Laws, 1992, ch. 459, § 2; Laws, 1996, ch. 507, § 17; Laws, 2009, ch. 492, § 134; Laws, 2010, ch. 388, § 13, eff. 7/1/2010.
Amended by Laws, 2018EX1, ch. 2, SB 2001,§ 52, eff. 9/1/2018.