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 67-1-95 - Owner's verified answer; forfeiture hearing; burden of proof; rights of holders of security interests, liens, or other interests; disposition of property

(1)
An owner of property seized, other than an owner of alcoholic beverages or raw materials, shall file a verified answer within twenty (20) days after the completion of service of process. If no answer is filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the agency which seized the property. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the agent or agency, or the owner of the property, the court may postpone the forfeiture hearing to a date past the time any criminal action is pending against such owner.
(2)
If the owner of the property has filed a verified answer denying that the property is subject to forfeiture, then the burden is on the state to prove that the property is subject to forfeiture; however, if no answer had been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and shall be prima facie evidence that the property is subject to forfeiture.
(3)
At the hearing any claimant of any right, title or interest in the property may prove his lien, security interest or other interest in the nature of a security interest, to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.
(4)
If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the agency which seized the property. If proof at the hearing discloses that the interest of any bona fide lienholder, secured party or other person holding an interest in the property in the nature of a security interest is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture the court shall order the property forfeited to the agency.
(5)
Upon a petition filed 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, the court having jurisdiction may order the property summarily forfeited except when lawful possession and title can be ascertained. If a person is found to have had lawful possession and title prior to seizure, the court shall order the property returned to the owner, if the owner so desires.
Laws, 1984, ch. 424, § 4, eff. 4/23/1984.
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 67-1-99 - Administrative forfeiture of certain property

(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
.
Laws, 1990, ch. 451, § 2; Laws, 1991, ch. 372, § 1, eff. 3/15/1991.
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 3 - ALCOHOLIC BEVERAGE CONTROL DIVISION WAREHOUSE CONSTRUCTION, IMPROVEMENTS AND OPERATIONS (§§ 67-1-201 — 67-1-211) › Section 67-1-201 - Definitions

In addition to the definitions provided in Section
67-1-5
, which apply to this article, the following terms as used in this article shall have the following meanings unless otherwise required by the context:
(a)
"Commissioner" means the Commissioner of Revenue.
(b)
"Construction contractor" means an entity contracting with the Department of Finance and Administration to design and construct a warehouse under this article.
(c)
"Occasional improvements" means items of maintenance, repairs, upgrades or other improvements for the warehouse or its equipment that are not performed on a monthly basis.
(d)
"Regular maintenance" means monthly overhead expenses, including, but not limited to, utilities, cleaning services and lawn care.
(e)
"Shipping costs" means the cost to the department per case of alcoholic beverages delivered from the warehouse to the permittee's premises.
(f)
"State" means the State of Mississippi.
(g)
"Warehouse" or "new warehouse" means a liquor distribution warehouse constructed under this article.
(h)
"Warehouse operator" or "operator" means an entity contracting with the department to perform warehouse and distribution operations.
(i)
"Warehouse and distribution operations" or "operations" means services provided to or on behalf of the state for the management of the warehouse and the distribution of alcoholic beverages. "Warehouse and distribution operations" or "operations" may include shipping; however, nothing herein shall preclude the department from entering into separate contracts for operations and for shipping.
Added by Laws, 2022, ch. 483, SB 2844,§ 1, 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 3 - ALCOHOLIC BEVERAGE CONTROL DIVISION WAREHOUSE CONSTRUCTION, IMPROVEMENTS AND OPERATIONS (§§ 67-1-201 — 67-1-211) › Section 67-1-203 - Warehouse construction

(1)
The Department of Finance and Administration, using the monies available in the ABC Warehouse Construction Fund created in Section
67-1-211(1)
and such other monies as the Legislature may make available, shall purchase land for and shall provide for the design and construction of a warehouse for the division in the most expedient and cost-effective manner practicable as determined by the Executive Director of the Department of Finance and Administration.
(2)
The Department of Finance and Administration shall select a suitable site for the warehouse within fifty (50) miles of the new state capitol building. In selecting a site, the Department of Finance and Administration shall consider the feasibility of selecting state-owned land by comparing the cost of preparing the state-owned land for construction to the cost of acquiring other land and preparing such other land for construction.
(3)
The contract for design and construction shall provide that the operator shall be consulted so that the warehouse may, so far as possible, suit the preferences of the operator in furtherance of effective operations. The contract shall also provide that the design shall aim to fill demand for the next twenty-five (25) years.
(4)
A contract for warehouse construction shall not be entered into unless the construction contractor has demonstrated:
(a)
The qualifications, experience and management personnel necessary to carry out the terms of the contract;
(b)
The ability to comply with applicable federal and state laws; and
(c)
The ability to expedite the design and construction of facilities comparable to the warehouse.
(5)
A contract for warehouse construction shall be entered into not later than October 1, 2024.
Amended by Laws, 2024, ch. 520, HB 1354,§ 3, eff. 7/1/2024.
Added by Laws, 2022, ch. 483, SB 2844,§ 2, 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 3 - ALCOHOLIC BEVERAGE CONTROL DIVISION WAREHOUSE CONSTRUCTION, IMPROVEMENTS AND OPERATIONS (§§ 67-1-201 — 67-1-211) › Section 67-1-207 - Resumption of control by state upon contract termination

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.
Added by Laws, 2022, ch. 483, SB 2844,§ 4, 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 3 - ALCOHOLIC BEVERAGE CONTROL DIVISION WAREHOUSE CONSTRUCTION, IMPROVEMENTS AND OPERATIONS (§§ 67-1-201 — 67-1-211) › Section 67-1-209 - Contract compliance officer

(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.
Added by Laws, 2022, ch. 483, SB 2844,§ 5, 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 3 - ALCOHOLIC BEVERAGE CONTROL DIVISION WAREHOUSE CONSTRUCTION, IMPROVEMENTS AND OPERATIONS (§§ 67-1-201 — 67-1-211) › Section 67-1-211 - Special funds

(1)
A special fund, to be designated the "ABC Warehouse Construction Fund," is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in this special fund shall be used to assist the Department of Finance and Administration in paying the costs associated with land acquisition for, and the design, construction, furnishing and equipping of, a new warehouse for the Department of Revenue's Alcoholic Beverage Control Division. In addition, monies in this special fund shall be used to pay the costs of relocating inventory to the new warehouse from the warehouse that is in service on July 1, 2022. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.
(2)
A special fund, to be designated the "ABC Warehouse Improvements Fund," is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in this special fund shall be used to assist the Department of Revenue in paying the costs associated with occasional improvements. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund.
Added by Laws, 2022, ch. 483, SB 2844,§ 6, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-1 - Declaration of purpose

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.
Codes, 1942, § 10211; Laws, 1934, ch. 171; Laws, 1998, ch. 306, § 3; Laws, 2012, ch. 323, § 3; Laws, 2012, ch. 501, § 1, eff. 7/1/2012.
Amended by Laws, 2020, ch. 314, HB 917,§ 1, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-5 - Light wines, light spirit products and beer legalized

(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.
Codes, 1942, §§ 10207, 10228; Laws, 1934, ch. 171; Laws, 1987, ch. 355, § 2; Laws, 1998, ch. 306, § 4; Laws, 2012, ch. 323, § 4; Laws, 2012, ch. 501, § 2, eff. 7/1/2012.
Amended by Laws, 2021, ch. 442, HB 1135,§ 5, eff. 7/1/2021.
Amended by Laws, 2020, ch. 314, HB 917,§ 3, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-11 - Homemade wine or beer

(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.
Codes, 1942, §§ 10209, 10227; Laws, 1934, ch. 171.
Amended by Laws, 2020, ch. 423, HB 1087,§ 8, eff. 7/1/2020.
Amended by Laws, 2020, ch. 314, HB 917,§ 6, eff. 6/18/2020.
Amended by Laws, 2013, ch. 345, SB 2183, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-15 - Permit and/or license required

(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
.
Codes, 1942, § 10212; Laws, 1934, ch. 171; Laws, 1997, ch. 499, § 10; Laws, 2000, ch. 435, § 8, eff. 7/1/2000.
Amended by Laws, 2020, ch. 314, HB 917,§ 8, eff. 6/18/2020.
Amended by Laws, 2015, ch. 438, SB 2071, 5, eff. 4/13/2015.
Amended by Laws, 2013, ch. 345, SB 2183, 4, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-17 - Application for permit; oath

(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.
Codes, 1942, § 10238; Laws, 1934, ch. 127; Laws, 1997, ch. 588, § 22; Laws, 1998, ch. 306, § 8; Laws, 2012, ch. 323, § 8; Laws, 2012, ch. 501, § 5; Laws, 2012, ch. 566, § 3, eff. 7/1/2012.
Amended by Laws, 2021, ch. 450, HB 1091,§ 12, eff. 7/1/2021.
Amended by Laws, 2020, ch. 314, HB 917,§ 9, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-21 - Qualification of applicant for permit as distributor

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.
Codes, 1942, § 10222; Laws, 1934, ch. 171.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-22 - Brewpub production limits and unlawful acts

(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.
Laws, 1998, ch. 308, § 14, eff. 7/1/1998; Laws, 2002, ch. 305, § 1, eff. 3/7/2002.
Amended by Laws, 2020, ch. 347, SB 2552,§ 1, eff. 7/1/2020.
Amended by Laws, 2020, ch. 314, HB 917,§ 11, eff. 6/18/2020.
Amended by Laws, 2017, ch. 345, HB 1322, 3, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-23 - Issuance, display, and transfer of permits

Upon receipt of an application for a permit to engage in any business taxable under the provisions of Sections
27-71-303
through
27-71-317
, Mississippi Code of 1972, and the oath required by Section
67-3-17
, the commissioner shall issue to such applicant, without cost, a permit to engage in such business upon condition that the applicant shall obtain a license and pay the tax imposed under the provisions of law for the privilege of engaging, or continuing, in such business. Such permit shall be displayed at all times in some conspicuous place at the applicant's place of business. No permit shall be transferable.
Codes, 1942, § 10238; Laws, 1934, ch. 127.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-25 - Sales authorized by permit; expiration of permit; annual renewal; temporary permits; contents of permit

(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.
Codes, 1942, §§ 10213, 10216; Laws, 1934, ch. 171; Laws, 1946, ch. 383; Laws, 1977, ch. 337; Laws, 2011, ch. 396, § 1, eff. 7/1/2011.
Amended by Laws, 2021, ch. 442, HB 1135,§ 6, eff. 7/1/2021.
Amended by Laws, 2020, ch. 314, HB 917,§ 12, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-27 - Licenses

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.
Codes, 1942, § 10239; Laws, 1934, ch. 127; Laws, 1979, ch. 423, § 3; Laws, 1998, ch. 308, § 9, eff. 7/1/1998.
Amended by Laws, 2020, ch. 314, HB 917,§ 13, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-28 - Brewpub alcoholic content testing requirements

(1)
Any person desiring to engage in business as a brewpub shall file with the commissioner, along with the application required by Section
67-3-17
, Mississippi Code of 1972, a certificate issued by a licensed testing laboratory indicating that such laboratory has tested a sample of the applicant's beer, light spirit product or light wine, or a combination thereof, and that the alcohol content of such sample of beer does not exceed eight percent (8%) by weight, and the alcohol content of such sample of light spirit product does not exceed six percent (6%) by weight, and the alcoholic content of such sample of light wine does not exceed five percent (5%) by weight.
(2)
Every brewpub shall be required to submit to random testing by the commissioner to determine whether any beer being manufactured, sold, kept, stored or secreted by the license holder contains an alcohol content greater than eight percent (8%) by weight, and light spirit product being manufactured, sold, kept, stored or secreted by the license holder contains an alcoholic content greater than six percent (6%) by weight, and any light wine being manufactured, sold, kept, stored or secreted by the license holder contains an alcoholic content greater than five percent (5%) by weight. The commissioner shall establish and administer testing standards and procedures to be used in such random testing. The brewpub licensee shall be responsible for all costs incurred by the commissioner in conducting random testing under this section.
Laws, 1998, ch. 308, § 15; Laws, 2012, ch. 323, § 9, eff. 7/1/2012.
Amended by Laws, 2021, ch. 450, HB 1091,§ 13, eff. 7/1/2021.
Amended by Laws, 2020, ch. 314, HB 917,§ 14, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-31 - Judicial revocation or suspension of permit; affidavit and complaint

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.
Codes, 1942, § 10223; Laws, 1934, ch. 171; Laws, 1944, ch. 133, §§ 2-4; Laws, 1997, ch. 558, § 3; reenacted and amended, 1998, ch. 520, § 2; Laws, 2003, ch. 392, § 2; Laws, 2005, ch. 462, § 2; Laws, 2007, ch. 462, § 4; Laws, 2011, ch. 379, § 2, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-33 - Judicial revocation or suspension of permit; service of notice

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.
Codes, 1942, § 10223; Laws, 1934, ch. 171; Laws, 1944, ch. 133, §§ 2-4; Laws, 1991, ch. 573, § 118, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-35 - Judicial revocation or suspension of permit; hearing and judgment

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.
Codes, 1942, § 10223; Laws, 1934, ch. 171; Laws, 1944, ch. 133, §§ 2-4.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-37 - Judicial revocation or suspension of permit; enforcement

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.
Codes, 1942, § 10223; Laws, 1934, ch. 171; Laws, 1944, ch. 133, §§ 2-4; Laws, 1997, ch. 558, § 4; reenacted and amended, 1998, ch. 520, § 3; Laws, 2002, ch. 570, § 8; Laws, 2003, ch. 392, § 3; Laws, 2005, ch. 462, § 3; Laws, 2007, ch. 462, § 5; Laws, 2011, ch. 379, § 3, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-39 - Judicial revocation or suspension of permit; jurisdiction of courts is not exclusive

The jurisdiction conferred upon the circuit and county courts to hear and determine complaints for the revocation or suspension of permits shall not be exclusive and any authority conferred on the commissioner to revoke or suspend licenses shall remain in full force and effect, and the commissioner shall have authority to revoke or suspend permits for a violation of Section
67-3-53
in the manner provided in subsection (2) of Section
67-3-29
for the revocation of permits. However, when a complaint is filed with the court any proceedings which may then be pending before the commissioner against the same permittee on the same charges shall abate and no proceedings for the revocation or suspension of a permit for a violation of the provisions of Section
67-3-53
shall be filed with the commissioner when proceedings are pending before the court against the permittee on the same charges. The revocation or suspension of a permittee's state permit by the court or by the commissioner shall automatically revoke or suspend any municipal license or permit held by such person. The revocation or suspension of a permittee's permit shall be in addition to and not in lieu of or limitation of any other penalty imposed by law.
Codes, 1942, § 10223; Laws, 1934, ch. 171; Laws, 1944, ch. 133, §§ 2-4.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-41 - Judicial revocation or suspension of permit; sections are cumulative

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
.
Codes, 1942, § 10223; Laws, 1934, ch. 171; Laws, 1944, ch. 133, §§ 2-4.
Amended by Laws, 2020, ch. 314, HB 917,§ 16, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-43 - [Repealed]

Repealed by Laws of 1973, ch. 467, § 3, eff. 4/9/1973.
Codes, 1942, § 10223.5; Laws, 1962, ch. 326.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-45 - Loans and extension of credit to retailers prohibited; brewpub exemption

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.
Codes, 1942, § 10214; Laws, 1934, ch. 171; Laws, 1966, ch. 656, § 1; Laws, 1998, ch. 308, § 10, eff. 7/1/1998.
Amended by Laws, 2021, ch. 450, HB 1091,§ 8, eff. 7/1/2021.
Amended by Laws, 2020, ch. 314, HB 917,§ 17, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-46 - Manufacturers of light wines, light spirit products or beer prohibited from acting as wholesalers or distributors

(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.
Laws, 1980, ch. 342, § 1, eff. 7/1/1980.
Amended by Laws, 2023, ch. 535, HB 1140,§ 1, eff. 4/20/2023.
Amended by Laws, 2020, ch. 314, HB 917,§ 18, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-47 - Manufacturer of beer operating brewery permitted to provide limited amounts of beer on premises for tasting or sampling subject to certain conditions

(1)
A person having a permit to manufacture or brew beer under this chapter and who operates a brewery may offer and provide limited amounts of beer on the premises of the brewery for the purpose of tasting or sampling, subject to the following conditions:
(a)
The beer provided for tasting or sampling must be manufactured in the State of Mississippi by the holder of the permit;
(b)
The beer may be provided only to persons on the premises of the brewery at no cost and for consumption on the premises of the brewery;
(c)
The beer 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 brewery and related facilities which must include the entire manufacturing and brewing processes and methods used at the brewery;
(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 beer shall not exceed six (6) ounces, and no more than six (6) samples of beer may be provided to an individual within a twenty-four-hour period; and
(f)
The holder of the license operating the brewery shall keep an accurate accounting of the various beers provided and consumed as samples.
(2)
For the purposes of this section, the term "brewery" means and has the same definition as that term has in 26 USCS 5402.
Laws, 2012, ch. 569, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 3 - SALE OF LIGHT WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES (§§ 67-3-1 — 67-3-75) › Section 67-3-48 - Retail sale of light wine, light spirit product or beer produced by small craft brewery

(1)
A small craft brewery may sell at retail light wine, light spirit product or beer produced at its brewery for consumption on the premises of the brewery and consumption off the premises of the brewery if the sales are made on the premises of the brewery and the light wine, light spirit product or beer products offered for sale are also made available for sale to wholesalers.
(2)
(a)
A small craft brewery shall not sell at retail more than twenty-five percent (25%) of the light wine, light spirit product or beer produced annually at its brewery or more than two thousand five hundred (2,500) barrels of light wine, light spirit product or beer produced at the brewery annually, whichever is the lesser amount. For purposes of this subsection, contract-brewed beer shall not be included in the amount of beer produced annually at the brewery. The light wine, light spirit product or beer must be sold at a price approximating retail prices generally charged for identical beverages in the county where the brewery is located.
(b)
A small craft brewery shall not make retail sales of more than six hundred seventy (670) ounces, in the aggregate, of light wine, light spirit product or beer to any one (1) individual for consumption off the premises of the brewery within a twenty-four-hour period.
(c)
The limits on sales provided for in this subsection shall not apply to beer provided pursuant to Section
67-3-47
.
(d)
A microbrewery shall not sell at retail more than eighty percent (80%) of light wine, light spirit product or beer produced annually at its brewery. The light wine, light spirit product or beer must be sold at a price approximating prices generally charged for identical beverages in the county where the microbrewery is located.
(3)
A small craft brewery or microbrewery shall take commercially reasonable steps to ensure that light wine, light spirit product or beer products sold for consumption off the premises of the brewery are being sold for personal use and not for resale and are not being sold to anyone holding a retail permit for the purpose of resale in their establishment.
(4)
A small craft brewery or microbrewery shall not make retail sales of contract-brewed beer.
(5)
A small craft brewery or microbrewery shall not mail or ship light wine, light spirit product or beer to a consumer.
Amended by Laws, 2021, ch. 450, HB 1091,§ 6, eff. 7/1/2021.
Amended by Laws, 2020, ch. 314, HB 917,§ 19, eff. 6/18/2020.
Added by Laws, 2017, ch. 345, HB 1322, 1, eff. 7/1/2017.
Prior § 67-3-48, as added by Laws, 1997, ch. 499, § 2, eff. 7/1/1997, was repealed by Laws of 2000, ch. 435, § 12, eff. 7/1/2000.