reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 23 - Sale of Soft Drinks, Ice, Juices, Mixers, and Other Items by Package Retailers › Section 35-2-02-23-104

Current through June 25, 2024
Juices shall include fresh, frozen, or concentrated
					 non-alcoholic beverages extracted from fruits and vegetables of all types
					 packaged in original commercially sealed and unopened
					 containers.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 23 - Sale of Soft Drinks, Ice, Juices, Mixers, and Other Items by Package Retailers › Section 35-2-02-23-105

Current through June 25, 2024
Mixers are non-alcoholic beverages in a liquid and dry
					 form commonly used to dilute or enhance an alcoholic drink or cocktail,
					 packaged in original commercially sealed and unopened containers. The only dry
					 mixers that shall be sold are those dry mixers which are specifically produced
					 and marketed for the express purpose of mixing with the alcoholic beverage.
					 Product commonly known as "margarita salt" is considered a dry mixer and may be
					 sold by package retailers. Dry products which may be mixed with alcoholic
					 drinks but which are not specifically produced and marketed for that purpose
					 are not allowed. Any dry mixer about which there is any doubt shall be
					 submitted to the Department for prior approval.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 23 - Sale of Soft Drinks, Ice, Juices, Mixers, and Other Items by Package Retailers › Section 35-2-02-23-106

Current through June 25, 2024
Sale of any items listed above shall in no way be used to
					 promote, persuade, or influence the sale of alcoholic beverages. Therefore, the
					 permittee cannot give as a gift or reduce the price of these items when the
					 same is conditioned on the purchase of an alcoholic beverage.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 23 - Sale of Soft Drinks, Ice, Juices, Mixers, and Other Items by Package Retailers › Section 35-2-02-23-107

Current through June 25, 2024
Any questions regarding the permissibility of products
					 intended for sale by package retailers governed by this regulation should be
					 submitted, in writing, to the Chief of Enforcement.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 23 - Sale of Soft Drinks, Ice, Juices, Mixers, and Other Items by Package Retailers › Section 35-2-02-23-108

Current through June 25, 2024
A Manufacturer or its representative may, upon the consent
					 of the Package Retailer, assemble bonus packs at the licensed premises so long
					 as such items packaged with the alcohol are limited to those items listed in
					 Section 100 of this Chapter. Bonus Packs are defined as the combination of an
					 alcoholic beverage and another item listed in Section 100 of this Chapter. Such
					 Section 100 items may be provided either by the package retailer or the
					 Manufacturer or its representative. Package Store Retailers may not separate
					 bonus packs after such packs are assembled by the manufacturer or its
					 representative. Further, a bonus pack must be assembled by the manufacturer or
					 its representative. It may not be assembled by the package retailer nor may
					 manufacturers provide bonus pack materials to the retailer for future
					 assembly.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 23 - Sale of Soft Drinks, Ice, Juices, Mixers, and Other Items by Package Retailers › Section 35-2-02-23-109

Current through June 25, 2024
Edibles are fruits and foods that have been submerged in
					 alcohol and sold in containers containing not less than 50mL of product, as
					 determined by combining the fruit and/or food and alcohol contained in the
					 container. All such products are considered to be alcoholic beverages and must
					 be purchased by retailers in a manner compliant with all requirements necessary
					 to purchase and resell alcoholic beverages. Except as stated in this
					 regulation, edibles will be treated the same as any other alcoholic beverage
					 product.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 24 - Check Cashing › Section 35-2-02-24-100

Current through June 25, 2024
The holder of a package retailer's permit is authorized to
					 cash checks for their face value without a charging fee. A holder is prohibited
					 from charging a fee for cashing a check
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 25 - Alcohol Delivery › Section 35-2-02-25-100

Current through June 25, 2024
A retailer may offer home delivery of alcohol ordered by
					 its patrons based on the type of alcohol permit it has. A retailer with a beer
					 permit will be able to offer delivery of beer, light wine and/or light spirits
					 products. A retailer with a package retailer permit will be able to offer
					 delivery of sealed alcoholic beverages. A retailer with an on-premises permit
					 will be able to offer delivery of one bottle of wine for every two entrees
					 ordered.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 25 - Alcohol Delivery › Section 35-2-02-25-102

Current through June 25, 2024
A retailer must obtain a delivery service permit in order
					 to deliver alcohol to patrons. If a retailer wishes to pay a service to
					 deliver, it must enter into a contract with a delivery company that has a
					 delivery service permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 25 - Alcohol Delivery › Section 35-2-02-25-103

Current through June 25, 2024
Deliveries cannot be made to any location more than 30
					 miles from the retailer's premises. This distance shall be measured in a
					 straight line, such as air line distance, rather than the usual route of
					 traffic travel.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 25 - Alcohol Delivery › Section 35-2-02-25-104

Current through June 25, 2024
Deliveries cannot be made in areas that are dry for the
					 sale of alcoholic beverages as indicated by the Wet/Dry map located on the
					 Department's website. Delivery is available to any residences located in
					 qualified resort areas as listed in any subsection of Miss. Code Section
					 67-1-5(o)(iii).
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 25 - Alcohol Delivery › Section 35-2-02-25-106

Current through June 25, 2024
Alcohol cannot be delivered to anyone under the age of 21,
					 to anyone who is visibly intoxicated, to other retailers, or for
					 resale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 25 - Alcohol Delivery › Section 35-2-02-25-107

Current through June 25, 2024
Before providing alcohol to the recipient, the deliverer
					 must first utilize scanning software on the recipient's identification to
					 confirm that the recipient is over the age of 21. The software must also
					 collect the recipient's name and date of birth. The deliverer must maintain
					 this information for twelve (12) months and be subject to review by the
					 Division upon request.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 25 - Alcohol Delivery › Section 35-2-02-25-108

Current through June 25, 2024
The deliverer shall return all alcohol to the retailer
					 if:
1. The recipient is under the age
				  of 21, presents identification that is not his or hers, refuses to present
				  identification, or refuses to accept delivery; or
2. The deliverer determines the presence of
				  illegal conduct, overconsumption of alcohol or determines that the environment
				  is unsafe for consumption of alcohol.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 25 - Alcohol Delivery › Section 35-2-02-25-109

Current through June 25, 2024
Alcohol may be ordered from the retailer as authorized by
					 law. Beer, light wine, and light spirit products may be delivered in bottles or
					 cans. Such products may also be delivered by draft or glass so long as the
					 product is delivered in a sealed container. Alcoholic beverages may be
					 delivered from package retailers in closed, sealed bottles. Restaurants may
					 only deliver one bottle of wine per two entrees ordered and cannot deliver any
					 distilled spirits of any type containing more than 6% alcohol by weight
					 (including, but not limited to, bottles, shots or mixed drinks using distilled
					 spirits).
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 25 - Alcohol Delivery › Section 35-2-02-25-110

Current through June 25, 2024
Delivery to consumers is only available for retailers.
					 Wholesalers, distributors, and manufacturers (including, but not limited to,
					 distilleries, native distilleries, wineries, native wineries, breweries, small
					 craft breweries and microbreweries) cannot deliver alcohol to consumers.
					 Delivery is only available for individual consumption. Alcohol cannot be
					 delivered to retailers, wholesalers, distributors or manufacturers under a
					 delivery permit. Package Retailers who have a wholesale permit may continue to
					 deliver alcoholic beverages to licensed package retailer and on-premises
					 permittees.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 01 - Bonds › Section 35-2-03-01-100

Current through June 25, 2024
The Department may require any person engaged in the
					 business of manufacturing or retailing alcoholic beverages to enter into a bond
					 under Miss. Code Ann. Section
					 27-71-21.
					 The amount of bond that may be required of the holder of any retailer's permit
					 under Miss. Code Ann. Section
					 27-71-21
					 shall be five thousand dollars ($5,000.00). This bond shall be in such form as
					 required by the Division.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 01 - Bonds › Section 35-2-03-01-101

Current through June 25, 2024
New, revised, or different bonds may be required by the
					 Division at any time for any carrier, manufacturer and/or distributor, and any
					 holder of a retailer's bond.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 01 - Bonds › Section 35-2-03-01-102

Current through June 25, 2024
If a retailer who has been required to obtain a bond by
					 the Department receives notice that his bond is to be cancelled during the
					 permit year, the permittee must immediately provide notification in writing
					 that the bond is being cancelled and must provide copies of any documentation
					 received by the permittee from the bonding company. Furthermore, the permittee
					 shall obtain another bond or deposit the equivalent amount of the bond required
					 in cash or securities with the State Treasurer pursuant to Miss. Code Ann.
					 Section
					 27-71-21
					 prior to the cancellation date of the original bond.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 01 - Bonds › Section 35-2-03-01-103

Current through June 25, 2024
Failure to submit a valid bond when required to do so by
					 the Department by the cancellation date will result in automatic suspension of
					 sales until a valid bond is received. In addition, the Department may take
					 punitive action against the permittee for failure to timely submit a
					 bond.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 02 - Permit Limit › Section 35-2-03-02-100

Current through June 25, 2024
No person, either individually or as a member or officer of
					 a limited liability company, , partnership or association, or as a stockholder,
					 officer or director in a corporation, shall own or control any interest
					 whatsoever in more than one package retailer's permit. Furthermore, no spouse
					 or relative of, nor any other person living in the same household as a person
					 owning an interest in a package retailer's permit shall own an interest
					 whatsoever in any other package retailer's permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 02 - Permit Limit › Section 35-2-03-02-101

Current through June 25, 2024
A person, either individually or as a member or officer of
					 a limited liability company,, partnership or association, or as a stockholder,
					 officer or director in a corporation, may own an interest in one package
					 retailer's permit while owning an interest in one or more on-premises
					 retailer's permit. This chapter allows multiple ownership of on-premises
					 retailer permits and allows any person holding an on-premises retailer permit
					 to simultaneously own an interest in a single package retailer's
					 permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 02 - Permit Limit › Section 35-2-03-02-102

Current through June 25, 2024
However, this chapter does not authorize a person to
					 purchase or otherwise transfer alcoholic beverages from one permitted place of
					 business to another. Any violation of the provisions of Miss. Code. Ann.
					 Sections
					 67-1-41,
					 67-1-43
					 and
					 27-75-5
					 will be grounds for revocation of the permit or permits
					 issued.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 02 - Permit Limit › Section 35-2-03-02-103

Current through June 25, 2024
This chapter shall not be construed to prohibit rendering
					 professional services for more than one package retailer so long as such
					 professional services do not constitute an ownership interest based on the fee
					 being collected. If the fee paid to the professional is dependent upon the
					 amount of alcohol being sold, this will constitute an ownership
					 interest.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 03 - Filing Fee › Section 35-2-03-03-100

Current through June 25, 2024
The $25.00 filing fee is to reimburse the Division for the
					 costs associated with investigating the qualifications of an applicant for a
					 permit, and is forfeited whether the Department grants the permit applied for
					 or not.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 04 - Permittee Must Maintain Qualifications and Pay Taxes › Section 35-2-03-04-100

Current through June 25, 2024
The failure of a permittee to maintain the qualifications
					 necessary for the issuance of a permit pursuant to Miss. Code Ann. Section
					 67-1-57,
					 including the failure to pay any taxes due the State, may result in the
					 revocation or suspension of a retailer's alcoholic beverage
					 permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 05 - Permit Transfer › Section 35-2-03-05-100

Current through June 25, 2024
No permit or any beneficial interest in a permit shall be
					 transferred by any permittee to any other person or any other place except with
					 the written consent of the Department. A permit shall not be eligible for
					 transfer if it is the subject of an ongoing administrative disciplinary action,
					 including any action under appeal.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 05 - Permit Transfer › Section 35-2-03-05-101

Current through June 25, 2024
Notice of the intended transfer of location or beneficial
					 interest must be published for two consecutive issues in a newspaper having
					 general circulation in the city or town in which the transfer applicant's place
					 of business is located. In instances where the business is not located within a
					 city or town, publication should occur in a newspaper of general circulation in
					 the county where the business is located. Proof of publication must be filed
					 with the application to transfer location or interest.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 05 - Permit Transfer › Section 35-2-03-05-102

Current through June 25, 2024
This chapter shall not be construed to require publication
					 of a mere change in trade name or the officers of a corporation where there is
					 no change in the ownership. However, any such contemplated changes must be
					 submitted to the Department for prior approval.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 05 - Permit Transfer › Section 35-2-03-05-103

Current through June 25, 2024
An applicant for transfer of ownership of a permit for
					 which there exists an exemption from distance requirements as provided for in
					 Miss. Code Ann. Section
					 67-1-51(3)
					 must submit an updated waiver from the funeral home or church. If the funeral
					 home or church refuses to sign a new waiver, a transfer may not be
					 initiated.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 05 - Permit Transfer › Section 35-2-03-05-104

Current through June 25, 2024
All original applicants for permits and/or proposed
					 recipients of beneficial interest in such permits must be not less than 21
					 years of age and may not have been convicted of a felony in any state or
					 federal court. An individual who is an applicant for a package retailer's
					 permit must be a resident of the State of Mississippi. If the applicant is a
					 partnership, each member of the partnership must be a resident of the state. If
					 the applicant is a corporation or LLC, the designated manager must be a
					 resident of the state.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 06 - Death or Disability of a Permittee › Section 35-2-03-06-100

Current through June 25, 2024
In case of death or physical or mental disability of any
					 permittee, the estate or guardianship of the permittee shall be allowed to
					 operate the permitted business for a period not exceeding sixty (60) days after
					 the death or disability. During the 60-day period, any member of the
					 permittee's immediate family may make application to the Department for the
					 unexpired portion of the permit of the decedent to be assigned to
					 him.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 06 - Death or Disability of a Permittee › Section 35-2-03-06-101

Current through June 25, 2024
If such application is approved, the applicant shall be
					 granted the right, without the payment of an additional permit fee, to operate
					 the permitted place of business for the unexpired portion of the time of the
					 original permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 06 - Death or Disability of a Permittee › Section 35-2-03-06-102

Current through June 25, 2024
It shall also be permissible for the Executor of the
					 Estate or guardian of the disabled permittee to sell the permittee's alcoholic
					 beverage inventory to another permitted place of business, with the written
					 approval of the Division, following the procedure outlined in Title 35, Part
					 II, Subpart 4, Chapter 1 of the Mississippi Administrative
					 Code.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 06 - Death or Disability of a Permittee › Section 35-2-03-06-103

Current through June 25, 2024
If the application is denied, the inventory of alcoholic
					 beverages, with prior approval from the Division, may be sold to another
					 permitted retailer. In the event that the inventory cannot be sold to another
					 retailer, the Division may take possession of the remaining unopened inventory
					 and refund the estate at the current wholesale price, less a charge for
					 handling and transportation. The items returned will then be placed in the
					 Division's inventory.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 06 - Death or Disability of a Permittee › Section 35-2-03-06-104

Current through June 25, 2024
However, no credit will be given for special orders,
					 novelty items contained in dual packaged products, ceramic decanters, holiday
					 packages or stale, damaged or delisted items. Such merchandise shall not be
					 redeemed under any circumstances.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 07 - Temporary and Qualified Resort Areas › Section 35-2-03-07-100 - Qualified Resort Area

Current through June 25, 2024
1. The following
				  definitions shall be used when determining if an area qualifies as a Qualified
				  Resort Area under Miss. Code Section
				  67-1-5(o)(iii):
a. "Contiguous acres", when referenced within
				  Miss. Code Section
				  67-1-5(o)(iii)(11),
				  shall mean acreage touching or connected throughout in an unbroken sequence and
				  titled to a common owner. A public or private street or road shall not be
				  considered to break the sequence or connectivity of the acreage.
b. "Course", when referenced within Miss.
				  Code Section
				  67-1-5(o)(iii)(11) and
				  (12) and not preceded by the word "golf",
				  shall mean a series of lectures or lessons in a particular subject, leading to
				  an examination or qualification.
c.
				  "Provides lodging accommodations", when referenced within Miss. Code Section
				  67-1-5(o)(iii)(10),
				  shall mean to make available for use or supply a lodging facility owned or
				  leased by the permittee.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 07 - Temporary and Qualified Resort Areas › Section 35-2-03-07-101 - Temporary Resort Area

Current through June 25, 2024
1. The Department
				  is authorized to approve a certain area or locality as a temporary resort area
				  if the particular location is in the process of being developed as a qualified
				  resort area. Approval of this type of resort designation is contingent upon the
				  applicant submitting the following:
a. A
				  resolution from the Board of Supervisors of the county where such proposed area
				  is located. The resolution must specifically state that the Board is of the
				  opinion that the area in question is in the process of being developed as a
				  resort area. In addition, the resolution must set forth the basis for the
				  Board's conclusion.
b. A map
				  clearly marked to indicate the specific area under consideration. GPS
				  coordinates should be used to delineate boundary lines.
c. A list of steps taken or to be taken in
				  developing the area as a qualified resort area and the reasons such steps will
				  result in the attraction of tourists, transients and/or vacationers.
d. Endorsements by civic clubs located near
				  the area under consideration.
e.
				  Assurance from the Sheriff of the area that he will enforce the Local Option
				  laws of the State of Mississippi, and the rules and regulations of the
				  Division.
f. Proof of publication
				  of legal notice and all public opinion responses. Legal notice must be printed
				  once each week for two consecutive weeks in a newspaper having general
				  circulation in the area. The notice must state that an application for
				  classification as a temporary resort area is being filed, identify the proposed
				  resort area, a request for public opinion from residents in the area under
				  consideration, and that approval will permit the operation of open bars and the
				  sale of alcoholic beverages in the area.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 08 - Common Carriers Reporting › Section 35-2-03-08-100

Current through June 25, 2024
Common carriers, in lieu of purchasing alcoholic beverages
					 for resale from the Division, must file a Common Carrier Reporting Form. The
					 common carrier reporting forms and the total amount due must be filed by the
					 20th of the month for the preceding month. The
					 report will be audited as required by the Division.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 08 - Common Carriers Reporting › Section 35-2-03-08-101

Current through June 25, 2024
A common carrier must maintain detailed records that
					 reflect where alcoholic beverages were purchased, the purchase price, the date
					 of the purchase and the taxes paid if the alcoholic beverages were purchased
					 from a source (i.e. wholesaler or ship chandler) other than the Department. The
					 records and inventory of alcoholic beverages shall be open to inspection by
					 Division or any of its duly authorized agents at any time.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 08 - Common Carriers Reporting › Section 35-2-03-08-102

Current through June 25, 2024
If common carriers purchase the alcoholic beverages they
					 sell while traveling through the State of Mississippi from the Division, the
					 Common Carrier Reporting Form does not have to be filed.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 08 - Common Carriers Reporting › Section 35-2-03-08-103

Current through June 25, 2024
Alcoholic beverages can only be served and/or consumed
					 while inside the permitted common carrier. Common carriers are prohibited from
					 serving alcoholic beverages or allowing the consumption of alcoholic beverages
					 while stopped in a dry county.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 08 - Common Carriers Reporting › Section 35-2-03-08-104

Current through June 25, 2024
In the event that a common carrier has multiple permits
					 for a business establishment, the common carrier may store alcoholic beverages
					 in a common storage facility as described and regulated in Title 35, Part II,
					 Subpart 2, Chapter 3 of the Mississippi Administrative Code, if and only if the
					 alcoholic beverages were purchased directly from the
					 Department.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 09 - Qualifications of Employees and Managers › Section 35-2-03-09-100

Current through June 25, 2024
The permittee shall be responsible, at all times, for acts
					 of manager(s) and/or employee(s) which are in violation of the Local Option
					 laws or rules and regulations, and which take place at the permitted
					 establishment regardless of whether the permittee is present.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 09 - Qualifications of Employees and Managers › Section 35-2-03-09-101

Current through June 25, 2024
Any permittee shall not knowingly employ any individual
					 who has been convicted of a felony within the past three years immediately
					 preceding employment or who has been convicted and incarcerated for any crime
					 within a period of one year immediately preceding employment. Furthermore, a
					 permittee shall not employ any person under the age of eighteen (18) to wait on
					 tables, take orders for, or deliver orders of alcoholic beverages and may not
					 employ any person under the age of twenty-one (21) to tend bar or act in the
					 capacity of bartender.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 09 - Qualifications of Employees and Managers › Section 35-2-03-09-102

Current through June 25, 2024
Permittees are required to make an inquiry into whether an
					 employee meets the above criteria and maintain records of this
					 information.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 09 - Qualifications of Employees and Managers › Section 35-2-03-09-103

Current through June 25, 2024
Prior to a proposed manager assuming managerial
					 responsibility, the permittee must obtain approval from the Division. To obtain
					 approval of the proposed manager, the permittee must file the following
					 forms:
1. Application for change in
				  manager's or assistant manager's name on alcoholic beverage license;
2. Personal Record Form;
3. Two fingerprint cards;
4. The applicable processing fee, in
				  certified funds, for submission of fingerprints to the FBI.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 09 - Qualifications of Employees and Managers › Section 35-2-03-09-104

Current through June 25, 2024
In addition, each proposed manager must possess all
					 qualifications required of a permittee. Manager identification cards may be
					 suspended or revoked for valid cause.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 09 - Qualifications of Employees and Managers › Section 35-2-03-09-105

Current through June 25, 2024
The Department may impose fines, or may suspend or revoke
					 the permit(s) of any permittee in violation of this chapter.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 10 - Management Agreement › Section 35-2-03-10-102

Current through June 25, 2024
The management agreement must provide that the permittee
					 will be absolutely responsible for any and all violations of the Local Option
					 laws or rules and regulations occurring on or about the licensed
					 premises.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 10 - Management Agreement › Section 35-2-03-10-103

Current through June 25, 2024
Where the law authorizes an on-premises retailer's permit
					 to be issued to a restaurant or hotel, the operation of the lounge located on
					 its premises shall be in conjunction with the operation of the restaurant.
					 Therefore, the operation of the restaurant and lounge shall be considered one
					 and the same and must be under the direction of one manager.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 11 - Application Requirement › Section 35-2-03-11-100

Current through June 25, 2024
The following information will be required by the Division
					 prior to, and at any time after, the issuance of a retailer permit:
1. A properly completed application for
				  Retailer's Permit
2. Proof of
				  Publication Affidavit on Legal Notice pursuant to Miss. Code Ann. Section
				  67-2-53(2) to include two (2) tear sheets from the newspaper in which said the
				  Notice was published.
3. Proof of
				  compliance with the Federal statutes and regulations applicable to the permit
				  being applied for which will include a copy of the receipt for purchase of a
				  Federal Use Stamp or a copy of the check in payment thereof.
4. A copy of the Applicant's deed or executed
				  lease agreement on the premises where the business is to operate. If the
				  permittee receives notice that the lease is to be cancelled, or if the
				  permittee transfers the deed during the permit year, the permittee must
				  immediately notify the Division in writing. The permittee shall obtain an
				  executed renewal lease prior to the expiration date of the existing lease if
				  the lease is to expire during the permit year. If the permittee previously
				  submitted a deed or multi-year lease on the permitted premises, prior to any
				  permit renewal, the permittee must submit an affidavit attesting that there
				  will be no changes in said deed or lease. Failure to submit a valid renewal
				  lease, deed or affidavit will result in the automatic suspension of sales until
				  a valid lease is received by the Division. Further, the Department may revoke
				  the permit for failure to timely submit an executed renewal lease, deed or
				  affidavit. A valid copy of any deed or lease may be required at any time after
				  issuance of the original permit.
5.
				  A copy of the floor plan of the building where the prospective permittee
				  proposes to operate the business under the permit.
6. A complete, current and accurate summary
				  financial statement(s) as follows:
a. Sole
				  Owner Business on the owner.
b.
				  Partnership on the partnership and each partner thereof.
c. Corporation for profit (Non Profit
				  excepted) on the corporation and;
i.
				  On-Premises Retailer each officer who owns ten percent (10%) or more of the
				  stock of such corporation and all major stockholders.
ii. All other permit classes each officer and
				  all major stockholders.
d. Limited Liability Company on the LLC and
				  each member thereof.
e. In addition
				  to the foregoing, if any applicant for a permit is doing business with
				  out-of-state bank(s), letter(s) from said bank(s) verifying the current status
				  of any and all loans, checking and savings accounts, certificates of deposit
				  and a general recommendation from said bank(s) must be included
				  therein.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 11 - Application Requirement › Section 35-2-03-11-101

Current through June 25, 2024
The Alcoholic Beverage Control Division may, in its
					 discretion, require any applicant for a retailer permit to submit any and all
					 other information and/or reports which it may deem necessary and expedient in
					 the consideration of an existing permit or in the processing of any original
					 permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 12 - Hotels › Section 35-2-03-12-100

Current through June 25, 2024
A hotel, as that term is defined by Miss. Code Ann.
					 Section
					 67-1-5(l),
					 possessing fifty (50) or more sleeping rooms and lying within a municipality
					 having a population exceeding twenty-five thousand (25,000) shall not be
					 required to have a dining room, or otherwise serve food, as a requirement to
					 qualify for an on-premise alcoholic beverage permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-100

Current through June 25, 2024
Temporary retailer's permits may be issued by the
					 Department. These permits allow the purchase and resale of alcoholic beverages
					 and native wines during legal hours and only on the premises described in the
					 permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-101

Current through June 25, 2024
An alcoholic beverage permit may not be issued or
					 transferred while there is pending in the Courts, or before the Department, any
					 charge of violating the Local Option laws or rules and regulations, or the laws
					 against gambling in the State, pursuant to Miss. Code Ann. Section
					 67-1-67.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-102

Current through June 25, 2024
All permit fees, filing fees, and additional privilege
					 fees are to be paid by the temporary permittee, in advance, with certified
					 funds.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-200

Current through June 25, 2024
A Class 1, one-day temporary permit, authorizing the sale
					 of alcoholic beverages by the drink, may be issued to a bona fide nonprofit
					 civic or charitable organization. An entity may be considered a bona fide
					 nonprofit civic or charitable organization by submitting documentation
					 evidencing that it is both deemed tax exempt by the Internal Revenue Service
					 pursuant to 26 U.S. Code Section 501 and registered with the Mississippi
					 Secretary of State as a non-profit entity. If granted, the permit shall allow
					 the sale and consumption only at the authorized location during the times
					 permitted for other on-premises retailer locations in the city or county where
					 the permit is issued pursuant to Title 35, Part II, Subpart 2, Chapter 4 of the
					 Mississippi Administrative Code.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-201

Current through June 25, 2024
Application forms provided by the ABC for Class 1
					 Temporary Alcoholic Beverage Permits shall be completed by the applicant, under
					 oath, and furnished to the Department, setting forth that the applicant
					 complies with the requirements of Miss. Code Ann. Sections
					 67-1-11,
					 67-1-37,
					 67-1-51(2),
					 and (3),
					 67-1-55,
					 67-1-57,
					 excluding paragraph (e), and 67-1-59. The Department may deny an application
					 for failure to timely complete the application or, upon review of the
					 application, may deny the application based on a reasonable belief that the
					 applicant does not meet the required qualifications. If it is determined that
					 an organization is not following ABC rules and regulations while operating
					 under a temporary permit, this may provide a reason for ABC to believe that the
					 organization will sell or knowingly permit its agents or employees to
					 unlawfully sell alcohol in a manner contrary to law and, accordingly, provide a
					 basis for denying future temporary permits to the organization. Any denial of a
					 Temporary Alcoholic Beverage Permit, or an appeal from such denial, shall be
					 conducted in accordance with Title 35, Part II, Subpart 1, Chapter 3 of the
					 Mississippi Administrative Code and Miss. Code Ann. Section
					 67-1-39.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-202

Current through June 25, 2024
All alcoholic beverages purchased for resale by a
					 temporary permittee shall be purchased from a package retailer in the county in
					 which the permit is located. The applicant shall set forth on his application
					 the package retailer(s) from which said purchase(s) will be made, including the
					 quantity to be purchased. All applicable sales and use taxes must be paid by
					 the Class 1 Temporary Alcoholic Beverage Permit holder. Any bottled alcoholic
					 beverages remaining in the possession of the Class 1 Temporary Alcoholic
					 Beverage Permit holder may, with approval of the package retailer, be returned
					 to the package retailer from which they were purchased. In no event may damaged
					 alcoholic beverages, or partials, be returned to a package
					 retailer.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-203

Current through June 25, 2024
Any package retailer or Class 1 Temporary Alcoholic
					 Beverage Permit holder violating the terms of this chapter may, at the
					 discretion of the Department, have his permit suspended or revoked, or may be
					 denied a future permit by the Department.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-204

Current through June 25, 2024
A Class 2 Temporary Alcoholic Beverage Permit may be
					 issued only in conjunction with a transfer application submitted by a
					 prospective permittee seeking an on-premises retailer or package retailer
					 permit currently in effect at the particular location for which the transfer is
					 sought.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-300

Current through June 25, 2024
Application forms for Class 2 Temporary Alcoholic Beverage
					 Permits provided shall be completed by the applicant, under oath, and furnished
					 to the Department, setting forth that the applicant complies with Miss. Code
					 Ann. Sections
					 67-1-11,
					 67-1-37,
					 67-1-51(2)
					 and (3),
					 67-1-57,
					 and
					 67-1-59.
					 The applicant shall have fourteen (14) days from the issuance of the temporary
					 permit to submit all documents and other materials required by Title 35 Part
					 II, Subpart 3, Chapter 11 of the Mississippi Administrative Code. Upon the
					 failure of the applicant to submit these matters within required time, the
					 temporary permit will lapse and liquor sales will be prohibited. The Department
					 may deny an application for failure to timely complete the application or, upon
					 review of the application, may deny the application based on a reasonable
					 belief that the applicant does not meet the required qualifications. Any denial
					 of a permit, or an appeal of such denial, shall be conducted in accordance with
					 Title 35, Part II, Subpart 1, Chapter 3 of the Mississippi Administrative Code
					 and Miss. Code Ann. Section
					 67-1-39.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-301

Current through June 25, 2024
Upon approval of a Class 2 Temporary Alcoholic Beverage
					 Permit, the temporary permittee must purchase his alcoholic beverages directly
					 from the Department and/or, with the Department's prior approval, purchase the
					 remaining inventory of the previous permittee. Alcoholic beverage purchases
					 from the Division are to be paid by the temporary permittee, in advance, with
					 certified funds. Any Class 2 temporary permittee shall pay additional privilege
					 fees as set forth in Miss. Code Ann. Section
					 27-71-5(m).
					 Any accumulated balances of purchases and additional privilege fees of the
					 original on-premises retailer permittee shall be transferred to the new
					 permanent transferee.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-302

Current through June 25, 2024
A Class 2 Temporary Alcoholic Beverage Permit issued to
					 temporary permittee shall run for a period of seventy (70) days unless
					 applicant fails to meet the fourteen (14) day requirement for complying with
					 Title 35, Part II, Subpart 3, Chapter 11 of the Mississippi Administrative
					 Code. An application for a Class 2 Temporary Alcoholic Beverage Permit shall be
					 filed at least seventy (70) days prior to the expiration of the original permit
					 sought to be transferred. In the event less than seventy (70) days remains on
					 the original permit, then a renewal application, signed by the original owner,
					 must accompany the Class 2 Temporary Alcoholic Beverage Permit application.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-303

Current through June 25, 2024
Upon issuance of a Class 2 Temporary Alcoholic Beverage
					 Permit, an Administrative Hold shall be placed on the original permit. The time
					 remaining on the original permit shall continue to run, but no alcoholic
					 beverages may be purchased from the Division on the original permit.
					 Furthermore, alcoholic beverages can only be sold and consumed pursuant to the
					 Class 2 Temporary Alcoholic Beverage Permit and not by authority of the
					 original permit as long as the Administrative Hold is in force. An
					 Administrative Hold may be removed following the Department's approval of a
					 transfer or following proof that the original owner has retained the particular
					 location and the Class 2 temporary permittee no longer desires the permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 03 - Permitting › Chapter 13 - Temporary Alcoholic Beverage Permits › Section 35-2-03-13-304

Current through June 25, 2024
The hours for sale and consumption of alcoholic beverages
					 for Class 2 Temporary Alcoholic Beverage permittees shall be the hours
					 authorized for similar permittees located in the city or county where the
					 permit to be transferred is located pursuant to Title 35, Part II, Subpart 2,
					 Chapter 4 of the Mississippi Administrative Code, or as set by state law.