reglab/statecodes huggingface dataset:
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 67-3-48.1 - Operation of small craft brewery acquired by or acquiring manufacturer of light wine, light spirit product or beer not meeting definition of small craft brewery

(1)
In the event a small craft brewery is acquired by an entity that manufactures light wine, light spirit product or beer that does not fall within the definition of the term "small craft brewery," the entity that acquired the small craft brewery may continue to operate the brewery as a small craft brewery for as long as the acquired facility meets the definition of the term "small craft brewery"; however, the limit in Section
67-3-3
on the amount of barrels of light wine, light spirit product or beer that a small craft brewery may produce shall not apply to light wine, light spirit product or beer that is not produced by the acquired small craft brewery.
(2)
In the event a small craft brewery acquires an entity that manufactures light wine, light spirit product or beer that does not fall within the definition of the term "small craft brewery," the small craft brewery that acquired the entity may continue to operate as a small craft brewery for as long as the brewery meets the definition of the term "small craft brewery." The light wine, light spirit product or beer produced by the entity that is acquired by a small craft brewery shall not apply to the limit in Section
67-3-3
on the amount of light wine, light spirit product or beer that the small craft brewery may produce.
(3)
A small craft brewery described in subsections (1) and (2) of this section may continue to sell at retail brands the small craft brewery produces on its premises at all locations at which it was selling the brands at retail at the time of the acquisition; however, the small craft brewery may not sell at retail brands produced by the entity that acquired it or by the entity it acquires, as the case may be.
Amended by Laws, 2020, ch. 314, HB 917,§ 20, eff. 6/18/2020.
Added by Laws, 2017, ch. 345, HB 1322, 2, 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 67-3-49 - Manufacture, sale or storage of light spirit product with alcoholic content of more than 6% or beer with alcoholic content of more than 8% prohibited; exception

(1)
Except as otherwise provided in this section, it shall be unlawful for any brewer or manufacturer or distributor or wholesale dealer of or in light wines, light spirit products and/or beer to manufacture or knowingly bring upon his premises or keep thereon any light spirit product of an alcoholic content of more than six percent (6%) by weight, any beer of an alcoholic content of more than eight percent (8%) by weight. Any person that shall add to or mix with any beer, light spirit product or light wine any alcoholic or other liquid, or any alcohol cube or cubes, or any other ingredient or ingredients that will increase or tend to increase the alcoholic content of such liquor, or any person that shall knowingly offer for sale any liquor so treated, shall be guilty of a misdemeanor and punished as hereinafter provided in this chapter. The commissioner shall take any action he considers necessary to ensure that light wine, light spirit product and/or beer manufactured at a brewpub complies with the provisions of this section.
(2)
A brewer or manufacturer of light wine, light spirit product or beer may manufacture and keep upon his premises beer of an alcoholic content of more than eight percent (8%) by weight if the beer is manufactured for legal sale in another state.
Codes, 1942, § 10219; Laws, 1934, ch. 171; Laws, 1998, ch. 306, § 9; Laws, 1998, ch. 308, § 11; Laws, 2012, ch. 323, § 10; Laws, 2012, ch. 501, § 6, eff. 7/1/2012.
Amended by Laws, 2021, ch. 450, HB 1091,§ 7, eff. 7/1/2021.
Amended by Laws, 2020, ch. 314, HB 917,§ 21, 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 67-3-51 - Sales from other than original containers prohibited; exception

(1)
It shall be unlawful for any person to sell, or offer to sell, or keep for sale any bottled beer, bottled light spirit product or bottled light wine except the same be in the original bottle or in the original package containing bottles, each of which bottles shall bear the original label and the full name of the brewer or manufacturer of the contents of such bottle, both on the label and on the cap or cork of such bottle in the case of beer, and on the label only in the case of light wine and light spirit product.
(2)
It shall be unlawful for any person to sell, or offer for sale, or keep for sale any beer, light spirit product or light wine in the original package or packages unless each such original package (whether barrel or other container, and whether containing liquor in bottles or otherwise) shall have plainly stamped on the container or label for each such container the full name of the manufacturer of the liquor therein contained.
(3)
It shall be unlawful for any person to sell on draught any beer, light spirit product or light wine except the same be drawn from the original barrel or other container, which such container shall have plainly stamped on each end thereof the full name of the manufacturer of such liquor.
(4)
This section shall not apply to beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section
67-3-47
.
Codes, 1942, § 10220; Laws, 1934, ch. 171; Laws, 1987, ch. 355, § 3; Laws, 2012, ch. 569, § 2, eff. 7/1/2012.
Amended by Laws, 2020, ch. 314, HB 917,§ 22, 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 67-3-52 - Sale of beer, light spirit product or light wine obtained outside state

It shall be unlawful for any person holding a permit authorizing the sale of beer, light spirit product or light wine at retail to obtain such beer, light spirit product or light wine from any source outside of the State of Mississippi. Any person who violates the provisions of this section, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court. Any person convicted of violating this section, or any rules or regulations promulgated by the commissioner with regard to the unlawful acts described in this section, shall forfeit his permit. Any person whose permit has been forfeited pursuant to this section shall not be eligible for a permit issued by the commissioner for a period of five (5) years after the date of such forfeiture. In addition, no permit shall be issued for the same location, for which an offender has forfeited a permit pursuant to this section, to a spouse, offspring or sibling of the offender when to do so would circumvent the purposes of this section. The commissioner may assess a retailer who violates this section the amount of excise taxes due on the unlawfully imported beer, light spirit product or light wine, together with a penalty in the amount of four (4) times the state excise taxes due or One Hundred Dollars ($100.00) per case, whichever is greater.
Laws, 1997, ch. 499, § 1; Laws, 1998, ch. 466, § 1; Laws, 2000, ch. 435, § 9, eff. 7/1/2000.
Amended by Laws, 2020, ch. 314, HB 917,§ 23, 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 67-3-54 - Exemption for person over age 18 but less than 21; parental consent; military personnel; employee of establishment licensed to sell light wine, light spirit product or beer

(1)
A person who is at least eighteen (18) years of age but under the age of twenty-one (21) years may possess and consume light wine, light spirit product or beer with the consent of his parent or legal guardian in the presence of his parent or legal guardian, and it shall not be unlawful for the parent, legal guardian or spouse of such person to furnish light wine, light spirit product or beer to such person who is at least eighteen (18) years of age.
(2)
A person who is at least eighteen (18) years of age and who is serving in the armed services of the United States may lawfully possess and consume light wine, light spirit product or beer on military property where the consumption of light wine, light spirit product or beer is allowed.
(3)
A person who is under twenty-one (21) years of age shall not be deemed to unlawfully possess or furnish light wine, light spirit product or beer, if in the scope of his employment such person:
(a)
Clears or buses tables that have glasses or other containers that contain or did contain light wine, light spirit product or beer;
(b)
Waits on tables by taking orders for light wine, light spirit product or beer; or
(c)
Stocks, bags or otherwise handles purchases of light wine, light spirit product or beer at a store.
Laws, 1985, ch. 431, § 4, eff. 10/1/1986.
Amended by Laws, 2020, ch. 314, HB 917,§ 25, 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 67-3-55 - Possession or sale of light wine, light spirit product or beer not purchased from licensed or authorized manufacturer or wholesaler prohibited; brewpub exemption; exemptions for breweries providing beer on premises for tasting or sampling and small craft breweries selling light wine, light spirit product or beer on premises

(1)
Except as otherwise provided in Section
67-1-41
, it shall be unlawful for any retailer to possess for purpose of sale, to sell, or to offer to sell any light wine, light spirit product or beer which was not purchased from a wholesaler in this state who has a permit to sell such light wine, light spirit product or beer, except for beer, light spirit product or light wine that was brewed on the premises of the retailer who holds a permit as a brewpub pursuant to Article 3, Chapter 71, Title 27, Mississippi Code of 1972.
(2)
It shall be unlawful for any wholesaler to possess for purpose of sale, to sell, or to offer to sell any light wine, light spirit product or beer which was not purchased from a manufacturer or importer of a foreign manufacturer authorized to sell such light wine, light spirit product or beer in this state.
(3)
This section shall not apply to:
(a)
Beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section
67-3-47
; or
(b)
Light wine, light spirit product or beer sold on the premises of a small craft brewery or microbrewery as authorized in Section
67-3-48
.
Codes, 1942, § 10246; Laws, 1934, ch. 127; Laws, 1973, ch. 467, § 1; Laws, 1978, ch. 381, § 1; Laws, 1980, ch. 342, § 2; Laws, 1998, ch. 308, § 12; Laws, 2012, ch. 569, § 3, eff. 7/1/2012.
Amended by Laws, 2021, ch. 450, HB 1091,§ 9, eff. 7/1/2021.
Amended by Laws, 2020, ch. 314, HB 917,§ 26, eff. 6/18/2020.
Amended by Laws, 2017, ch. 345, HB 1322, 6, 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 67-3-57 - Possession or sale of light wine, light spirit product or beer before permit secured or during time of revocation or suspension prohibited; seizure of light wine, light spirit product or beer for violation of section

(1)
It shall be unlawful for any retailer to possess, sell or offer to sell, or to possess for purpose of sale, any light wine, light spirit product or beer at his place of business before securing a permit required by this chapter.
(2)
It shall be unlawful for any person to possess, sell or offer to sell any light wine, light spirit product or beer at his place of business after revocation of his permit or to purchase, to sell or offer to sell any light wine, light spirit product or beer during the period of suspension of his permit.
(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, § 10246; Laws, 1934, ch. 127; Laws, 1973, ch. 467, § 1; Laws, 1986, ch. 337, § 8; Laws, 1997, ch. 499, § 11; Laws, 2000, ch. 435, § 10, eff. 7/1/2000.
Amended by Laws, 2020, ch. 314, HB 917,§ 27, eff. 6/18/2020.
Amended by Laws, 2015, ch. 438, SB 2071, 6, eff. 4/13/2015.
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 67-3-59 - Penalty for sales to persons not holding permits and sales of untaxed beer, light spirit product or light wine; notice; disposition of proceeds

(1)
Except as provided in this subsection, sales by wholesalers, distributors or manufacturers to persons who do not hold valid permits are unlawful; and any wholesaler, distributor or manufacturer making such sales, or who sells any beer, light spirit product or light wine on which the tax provided by law has not been paid, shall, in addition to any other fines, penalties and forfeitures, be subject to a penalty of Twenty-five Dollars ($25.00) for each sale. If all other applicable taxes are paid, this penalty will not apply to the following: sales to employees of the wholesaler; sales to nonprofit charitable and civic organizations for special fund-raising events provided that the beer, light spirit product or light wine is not resold; sales to affiliated member associations.
(2)
The commissioner may assess the penalty by giving notice by mail, demanding payment within thirty (30) days from date of delivery of the notice.
The proceeds of all penalties shall be deposited by the commissioner with the other monies collected by him and shall be disposed of as provided by law.
Codes, 1942, § 10217; Laws, 1934, ch. 171; Laws, 1978, ch. 386, § 1; Laws, 1991, ch. 368, § 4; Laws, 2005, ch. 499, § 32, eff. 7/1/2005.
Amended by Laws, 2020, ch. 314, HB 917,§ 28, 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 67-3-61 - Common carriers shall furnish commissioner with duplicate bills of lading; penalty

Every railroad company, express company, aeroplane company, motor transportation company, steamboat company, or other transportation company, or any person that shall transport into, from place to place within, or out of this state any light wines, light spirit products or beer, whether brewed or manufactured within this state or outside of this state, when requested by the commissioner, shall furnish him with a duplicate of the bill of lading covering the receipt for such liquor, showing the name of the brewer or manufacturer or distributor, and the name and address of the consignor and of the consignee, and the date when and place where received, and the destination and the quantity of such liquor received from the manufacturer or brewer or other consignor for shipment from any point within or without this state to any point within this state.
Any such company or person so transporting any such liquor that shall fail to comply with the requirements of this section, shall forfeit and pay to the State of Mississippi the sum of One Hundred Dollars ($100.00) for each such failure, to be recovered in any court of competent jurisdiction. The commissioner is hereby authorized and empowered to sue in his own name, on the relation and for the use of the State of Mississippi, for such recovery.
Codes, 1942, § 10218; Laws, 1934, ch. 171.
Amended by Laws, 2020, ch. 314, HB 917,§ 29, 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 67-3-63 - Records

The commissioner shall cause a record to be kept of the names and places of business of all persons engaged in the brewing of beer, of all persons engaged in the manufacture of light wines or light spirit products, and of all persons engaged in the sale of light wines, light spirit products and/or beer, whether at retail or otherwise. He shall also cause a record to be kept of all beer, light spirit products and light wines (and of the amount thereof) brewed or manufactured by each brewery or winery, and of all such liquors (and of the amount thereof) sold by each brewery or winery, with the names and business addresses of the purchasers, and of all such liquors (and of the amount thereof) sold by every dealer other than a brewer or manufacturer, and in the case of sales by dealers other than retail dealers, of the names and business addresses of the purchasers.
The commissioner shall cause a record to be kept of all expenses incurred in the collection of such data.
Codes, 1942, § 10221; Laws, 1934, ch. 171.
Amended by Laws, 2020, ch. 314, HB 917,§ 30, 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 67-3-65 - Powers of local governments

Municipalities may enforce such proper rules and regulations for fixing zones and territories, prescribing hours of opening and of closing, and for such other measures as will promote public health, morals, and safety, as they may by ordinance provide. The board of supervisors of any county may make such rules and regulations as to territory outside of municipalities as are herein provided for municipalities.
Nothing in this chapter shall prohibit the governing body of any municipality from designating what territory surrounding churches and schools in said municipalities, and the board of supervisors of any county from designating what territory surrounding churches and schools outside of any municipality, in which light wines, light spirit products and beer shall not be sold or consumed.
Codes, 1942, §§ 10224, 10228; Laws, 1934, ch. 171.
Amended by Laws, 2020, ch. 314, HB 917,§ 31, 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 67-3-67 - Transportation of light wines, light spirit products and beer not to be interfered with

No county or any officer or agent thereof, nor any other officer, agent, or person, shall interfere with or impede the passage through such county of any light wine, light spirit product or beer moving in accordance with the provisions of this chapter and the provisions of Section
67-9-1
and which in transit to or from any county of this state wherein the traffic in light wines, light spirit products and beer is not prohibited, any county prohibition of such traffic to the contrary notwithstanding.
Codes, 1942, § 10225; Laws, 1934, ch. 171; Laws, 1996, ch. 417, § 12, eff. 7/1/1996.
Amended by Laws, 2020, ch. 314, HB 917,§ 32, 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 67-3-71 - [Repealed]

Repealed by Laws of 1979, ch. 365, eff.7/1/1979.
Codes, Hutchison's 1848, ch. 11, art. 2(18); 1857, ch. 20, art. 13; 1871, § 2464; 1880, § 1108; 1892, § 1589; 1906, § 1743; Hemingway's 1917, § 2085; 1930, § 1973; 1942, § 2612; Laws, 1908, ch. 115.
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 67-3-73 - Immunity from liability of persons who lawfully furnished or sold intoxicating beverages to one causing damage

(1)
The Mississippi Legislature finds and declares that the consumption of intoxicating beverages, rather than the sale or serving or furnishing of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person.
(2)
Notwithstanding any other law to the contrary, no holder of an alcoholic beverage, beer, light spirit product or light wine permit, or any agent or employee of such holder, who lawfully sells or serves intoxicating beverages to a person who may lawfully purchase such intoxicating beverages, shall be liable to such person or to any other person or to the estate, or survivors of either, for any injury suffered off the licensed premises, including wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were sold or served.
(3)
Notwithstanding any other law to the contrary, no social host who serves or furnishes any intoxicating beverage to a person who may lawfully consume such intoxicating beverage shall be liable to such person or to any other person or to the estate, or survivors of either, for any injury suffered off such social host's premises, including wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were served or furnished. No social host who owns, leases or otherwise lawfully occupies a premises on which, in his absence and without his consent, intoxicating beverages are consumed by a person who may lawfully consume such intoxicating beverage shall be liable to such person or to any other person or to the estate, or survivors of either, for any injury suffered off the premises, including wrongful death and property damage, because of the intoxication of the person who consumed the intoxicating beverages.
(4)
The limitation of liability provided by this section shall not apply to any person who causes or contributes to the consumption of alcoholic beverages by force or by falsely representing that a beverage contains no alcohol, or to any holder of an alcoholic beverage, beer, light spirit product or light wine permit, or any agent or employee of such holder when it is shown that the person making a purchase of an alcoholic beverage was at the time of such purchase visibly intoxicated.
Laws, 1987, ch. 451, eff. 4/3/1987 (became law without Governor's signature).
Amended by Laws, 2020, ch. 314, HB 917,§ 35, 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 67-3-74 - Enforcement of certain provisions by officers of the division

(1)
In addition to peace officers within their jurisdiction, all enforcement officers of the Alcoholic Beverage Control Division of the Department of Revenue are authorized to enforce the provisions made unlawful by this chapter and Section
97-5-49
; however, the provisions prohibiting the sale of light wine, light spirit product or beer to persons under the age of twenty-one (21) years shall be enforced by the division as provided for in this section.
(2)
(a)
The Alcoholic Beverage Control Division shall investigate violations of the laws prohibiting the sale of light wine, light spirit product or beer to persons under the age of twenty-one (21) years upon receipt of a complaint or information from a person stating that they have knowledge of such violation.
(b)
Upon receipt of such complaint or information, the Alcoholic Beverage Control Division shall notify the permit holder of the complaint by certified mail to the primary business office of such permit holder or by hand delivery of the complaint or information to the primary business office of such holder, except in cases where the complaint or information is received from any law enforcement officer.
(c)
If an enforcement officer of the Alcoholic Beverage Control Division enters the business of the holder of the permit to investigate a complaint and discovers a violation, the agent shall notify the person that committed the violation and the holder of the permit:
(i)
Within ten (10) days after such violation, Sundays and holidays excluded, if the business sells light wine, light spirit product or beer for on-premises consumption; and
(ii)
Within seventy-two (72) hours after such violation, Sundays and holidays excluded, if the business does not sell light wine, light spirit product or beer for on-premises consumption.
Laws, 2002, ch. 570, § 1; Laws, 2003, ch. 392, § 4; Laws, 2005, ch. 462, § 4; Laws, 2007, ch. 462, § 6; Laws, 2011, ch. 379, § 4, eff. 7/1/2011.
Amended by Laws, 2020, ch. 314, HB 917,§ 36, eff. 6/18/2020.
Amended by Laws, 2016, ch. 470, SB 2055, 3, eff. 7/1/2016.
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 67-3-75 - [Repealed]

Repealed by operation of law on7/1/2000, by Laws, 1998, ch. 520, § 4.
Laws, 1997, ch. 558, § 1; reenacted and amended, Laws, 1998, ch. 520, § 4, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 5 - NATIVE WINES (§§ 67-5-1 — 67-5-15) › Section 67-5-1 - Short title

This chapter shall be cited as the "Mississippi Native Wine Law of 1976."
Laws, 1976, ch. 467, § 1, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 5 - NATIVE WINES (§§ 67-5-1 — 67-5-15) › Section 67-5-3 - Legislative declaration of intent

The Legislature of the State of Mississippi, recognizes, by the passage of this chapter, the vital contribution of the agricultural industry to the economy of this state, and declares that the intent of this chapter is to enhance and expand such industry by authorizing and encouraging the domestic production of native wines from grapes, berries, fruits, honey and vegetables grown and produced in Mississippi.
The Legislature further recognizes the vital contribution of the tourist industry to the economy of this state, and declares that the intent of this chapter is to enhance such industry by encouraging the planting and development of native vineyards, the construction of native wineries, and the production and sale of native wines so that tourists traveling through Mississippi may visit vineyards, wineries and wine cellars, and purchase Mississippi domestic wines.
The Legislature of the State of Mississippi further recognizes the need for the expansion, diversification and development of Mississippi economy, and declares that the intent of this chapter is to authorize and encourage the introduction of a new industry into this state which will provide new employment opportunities, additional income, and support for existing industries in this state.
Laws, 1976, ch. 467, § 2; Laws, 1991, ch. 444, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 5 - NATIVE WINES (§§ 67-5-1 — 67-5-15) › Section 67-5-5 - Definitions; qualification period

For purposes of this chapter, the following words and phrases shall have the definitions ascribed herein, unless the context otherwise requires:
(a)
"Native wine" shall mean any product, produced in Mississippi for sale, having an alcohol content not to exceed twenty-one percent (21%) by weight and made in accordance with revenue laws of the United States, which shall be obtained primarily from the alcoholic fermentation of the juice of ripe grapes, fruits, berries, honey or vegetables grown and produced in Mississippi; provided that bulk, concentrated or fortified wines used for blending may be produced without this state and used in producing native wines. The commission shall adopt and promulgate rules and regulations to permit a producer to import such bulk and/or fortified wines into this state for use in blending with native wines without payment of any excise tax that would otherwise accrue thereon. In order to be classified as "native wine" under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from fermentation of grapes, fruits, berries, honey or vegetables grown and produced in Mississippi.
(b)
"Native winery" shall mean any place or establishment within this state where native wine is produced in whole or in part for sale.
(c)
"Produce" shall mean to do or to perform any act or thing in the process of making native wine.
(d)
"Person" shall mean one or more natural persons, or a corporation, partnership or association.
(e)
"Producer" shall mean any person who owns, operates or conducts a native winery, but it does not mean the employees of such persons.
(f)
"Consumer" shall mean any person who purchases native wine for the purpose of consuming it, giving it away, or distributing it in any way other than by sale, barter or exchange.
(g)
"Commission" shall mean the Mississippi State Tax Commission.
(h)
"Division" shall mean the Alcoholic Beverage Control Division of the State Tax Commission.
Laws, 1976, ch. 467, § 3; Laws, 1977, ch. 488, § 1; Laws, 1991, ch. 444, § 2, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 5 - NATIVE WINES (§§ 67-5-1 — 67-5-15) › Section 67-5-7 - Production and sale of native wine legalized

Hereafter, it shall be lawful to produce native wine in the State of Mississippi including the production of non-alcoholic native wines and juices to be used for sacramental purposes, and to sell such native wine within or without this state; provided such native wine shall be subject to the gallonage excise tax as levied by Section
67-5-13
.
The production of native wine is hereby declared, under the laws of this state, to be a privilege, and as such privilege shall be subject to such permit fees upon the exercise of the privilege as levied by Section
67-5-13
.
Laws, 1976, ch. 467, § 4, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 5 - NATIVE WINES (§§ 67-5-1 — 67-5-15) › Section 67-5-9 - Permits for native wineries; registration of native wineries with secretary of state

(1)
Every native winery in the State of Mississippi shall apply for a permit as provided for in Section
67-1-51
, Mississippi Code of 1972, and shall be issued said initial and renewal permit by the commission upon meeting the qualifications and requirements presently set forth by law or regulation for permits authorized by said Section
67-1-51
.
(2)
Every native winery shall register with the Secretary of State, shall show the location and permit number of said winery, shall show the name and address of the producer owning, conducting or operating the winery, shall show the name and address of all local agents and such other pertinent information which may be required by the Secretary of State, and shall appoint an agent for service of process within the State of Mississippi.
Laws, 1976, ch. 467, § 5, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 5 - NATIVE WINES (§§ 67-5-1 — 67-5-15) › Section 67-5-11 - Authorized sales by native wineries

(1)
Within the State of Mississippi, every native winery is authorized to make sales to the department or to consumers at the location of the native winery or its immediate vicinity. Every native winery is authorized to make sales to any producer, manufacturer, wholesaler, retailer or consumer located outside of the State of Mississippi who are authorized by law to purchase the same.
(2)
With respect to native wines or distilled spirits sold by the department to retailers under Section
67-1-41
, the native winery or distillery retailer may hold those wines or spirits for onsite pickup instead of shipping them to the department warehouse, at the option of the retailer and pursuant to any rules promulgated by the department.
Laws, 1976, ch. 467, § 6; Laws, 2006, ch. 352, § 1, eff. 7/1/2006.
Amended by Laws, 2021, ch. 454, SB 2435,§ 3, eff. 7/1/2021.
Amended by Laws, 2020, ch. 429, SB 2545,§ 5, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 5 - NATIVE WINES (§§ 67-5-1 — 67-5-15) › Section 67-5-13 - Annual privilege license tax on producers; excise tax on cases sold by producers

(1)
Upon every producer holding a permit for the production of native wine, there is levied and imposed for each location for the privilege of engaging and continuing in this state in the production of native wine an annual privilege license tax in an amount equal to Ten Dollars ($10.00) for each ten thousand (10,000) gallons, or any part thereof, of native wine produced by the winery.
(2)
There is levied and assessed an excise tax upon each case of native wine sold by a producer to any source to be collected from the producer in the amount provided for in Section
27-71-7
. However, native wine produced in Mississippi for export and sale without this state and native wine produced in Mississippi and sold to the commission shall not be subject to the excise tax, nor shall the tax accrue or be collected on native wines dispensed, as free samples in quantities of not more than six (6) ounces, in the tasting room of a native winery.
(3)
The privilege tax imposed by subsection (1) of this section shall be collected in the same manner as presently provided by law for the collection of other alcoholic beverages. The excise tax imposed by subsection (2) of this section shall be reported monthly by the producer to the commission on all sales made in Mississippi to consumers at the location of the native winery or its immediate vicinity, along with a statement of gallonage produced during that month, and the producer shall remit the tax due and owing with each report. The producer shall also include in the report a statement of gallonage sold and exported for sale outside this state.
(4)
All taxes levied by and collected under this section shall be deposited in the General Fund.
Laws, 1976, ch. 467, § 7; Laws, 1985, ch. 322, § 2; Laws, 2006, ch. 352, § 2; Laws, 2006, ch. 508, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 5 - NATIVE WINES (§§ 67-5-1 — 67-5-15) › Section 67-5-15 - [Repealed]

Repealed by Laws of 2006, ch. 529, § 12 eff. 4/3/2006.
Laws, 1976, ch. 467, § 8, eff. 5/25/1976.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 7 - BEER INDUSTRY FAIR DEALING ACT (§§ 67-7-1 — 67-7-23) › Section 67-7-1 - Short title

This chapter shall be known and may be cited as the "Beer Industry Fair Dealing Act."
Laws, 1995, ch. 619, § 1, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 7 - BEER INDUSTRY FAIR DEALING ACT (§§ 67-7-1 — 67-7-23) › Section 67-7-3 - Purpose

The legislative purpose of this chapter is to provide a structure for the business relations between a wholesaler and a supplier of light wine, light spirit product or beer. Regulation in this area is considered necessary for the following reasons:
(a)
To maintain stability and healthy competition in the light wine, light spirit product and beer industry in this state.
(b)
To promote and maintain a sound, stable and viable system of distribution of light wine, light spirit product and beer to the public.
(c)
To provide for the private settlement of disputes between wholesalers and suppliers of light wine, light spirit product or beer as an alternative to civil litigation which consumes the time and resources of the parties and the judicial system.
(d)
To promote the public health, safety and welfare.
Laws, 1995, ch. 619, § 2, eff. 4/7/1995.
Amended by Laws, 2020, ch. 314, HB 917,§ 41, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 7 - BEER INDUSTRY FAIR DEALING ACT (§§ 67-7-1 — 67-7-23) › Section 67-7-9 - Prohibited acts; wholesalers

A wholesaler shall not do any of the following:
(a)
Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of light wine, light spirit product or beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier.
(b)
Sell or deliver light wine, light spirit product or beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of light wine, light spirit product or beer, except that during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption. A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this chapter and shall not have any of the rights provided under Sections
67-7-11
and
67-7-15
with respect to the temporary service territory.
(c)
Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this chapter, receiving the supplier's written approval for the proposed transfer, except that the consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent (10%) of the wholesaler's business unless such transfer results in a change in control. The wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
Laws, 1995, ch. 619, § 5, eff. 4/7/1995.
Amended by Laws, 2020, ch. 314, HB 917,§ 44, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 7 - BEER INDUSTRY FAIR DEALING ACT (§§ 67-7-1 — 67-7-23) › Section 67-7-12 - Successor supplier to become obligated to all terms and conditions of agreements between original supplier and wholesaler in effect on date of succession

A successor shall become obligated to all of the terms and conditions of the agreement in effect on the date of succession. This section applies regardless of the character or form of the succession. A successor has the right to contractually require its wholesalers to comply with operational standards of performance if the standards are uniformly established for all the successor's wholesalers and conform to the provisions of this chapter.
Laws, 2009, ch. 342, § 1, eff. 3/16/2009.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 7 - BEER INDUSTRY FAIR DEALING ACT (§§ 67-7-1 — 67-7-23) › Section 67-7-13 - Transfer of business and assignment of rights of wholesalers

(1)
Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member, or to any other person who meets the nondiscriminatory material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. The consent or approval of the supplier shall not be required of any transfer of the wholesaler's business, including the assignment of the wholesaler's rights under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee who meets such nondiscriminatory, material and reasonable qualifications and standards. Such designated member or transferee shall in no event be qualified as a transferee, without the written approval or consent of the supplier, where such proposed transferee shall have been involved in the following:
(a)
Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of any assignment for the benefit of creditors; or
(b)
Revocation or suspension of a special occupational tax license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than thirty-one (31) days; or
(c)
Conviction of the proposed transferee or any owner thereof of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or
(d)
Had an agreement involuntarily terminated, cancelled, not renewed or discontinued by a supplier for good cause.
(2)
The supplier shall not interfere with, prevent or unreasonably delay the transfer of the wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee is a designated member, or if the transferee other than a designated member meets such nondiscriminatory, material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement.
Laws, 1995, ch. 619, § 7, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 7 - BEER INDUSTRY FAIR DEALING ACT (§§ 67-7-1 — 67-7-23) › Section 67-7-17 - Waiver of rights by wholesalers generally; good faith settlement of disputes

A wholesaler may not waive any of the rights granted in any provision of this chapter and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
Laws, 1995, ch. 619, § 9, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 7 - BEER INDUSTRY FAIR DEALING ACT (§§ 67-7-1 — 67-7-23) › Section 67-7-19 - Agreements subject to chapter; applicability of terms and conditions of transferred agreements

(1)
This chapter shall apply to agreements entered into or renewed after April 7, 1995.
(2)
A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer, except that a transfer of a wholesaler's business which requires supplier's consent or approval but is disapproved by the supplier shall be null and void.
Laws, 1995, ch. 619, § 10, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 7 - BEER INDUSTRY FAIR DEALING ACT (§§ 67-7-1 — 67-7-23) › Section 67-7-21 - Civil damage actions for violations of chapter; damages and costs recoverable; actions for declaratory and injunctive relief; venue

(1)
If a supplier or wholesaler engages in conduct prohibited under this chapter, either party may maintain a civil action against the other to recover actual damages reasonably incurred as the result of the prohibited conduct.
(2)
A supplier or wholesaler that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by the other party as a result of that violation.
(3)
A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this chapter.
(4)
Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this chapter.
(5)
Any legal action taken under this chapter, or in a dispute over the provisions of an agreement shall be filed in a court, state or federal, located in Mississippi, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state.
Laws, 1995, ch. 619, § 11, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 7 - BEER INDUSTRY FAIR DEALING ACT (§§ 67-7-1 — 67-7-23) › Section 67-7-23 - Waiver of rights or causes of action

No right or cause of action authorized by Mississippi law shall be waived by the supplier or wholesaler unless specifically waived in the agreement.
Laws, 1995, ch. 619, § 12, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 9 - POSSESSION OR TRANSPORTATION OF ALCOHOLIC BEVERAGES, LIGHT WINE, OR BEER (§ 67-9-1) › Section 67-9-1 - Transportation and possession of alcoholic beverages, light wine, light spirit product and beer by person holding an alcohol processing permit

Notwithstanding the provisions of any section of Title 27 or 67, Mississippi Code of 1972, it shall be lawful for any person holding an alcohol processing permit to transport and possess alcoholic beverages, light wine, light spirit product and beer, in any part of the state, for his or her use in cooking, processing or manufacturing products which contain alcoholic beverages as an integral ingredient, in amounts as limited by the Alcoholic Beverage Control Division of the Department of Revenue. The authority to transport and possess alcoholic beverages, light wine, light spirit product and beer under this section exists regardless of whether (a) the county or municipality in which the transportation or possession takes place has voted for or against coming out from under the dry law, or (b) the transportation, storage, sale, distribution, receipt or manufacture of light wine, light spirit product and beer otherwise is prohibited.
The provisions of this section shall not be construed as amending, repealing or otherwise affecting any statute or any lawfully adopted ordinance, rule or regulation that prohibits or restricts the location at which, or the premises upon which, alcoholic beverages, light wine, light spirit product or beer may be sold or consumed.
Laws, 1996, ch. 417, § 1, eff. 7/1/1996.
Amended by Laws, 2020, ch. 314, HB 917,§ 46, eff. 6/18/2020.
Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 11 - MISSISSIPPI NATIVE SPIRIT LAW (§§ 67-11-1 — 67-11-11) › Section 67-11-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Native Spirit Law."
Added by Laws, 2021, ch. 388, SB 2606,§ 1, eff. 7/1/2021.