reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 11 - Manufacturer's Representative › Section 35-2-02-11-105

Current through June 25, 2024
The registration of a manufacturer's representative and
					 his employees may be suspended and the manufacturer's products may be delisted
					 by the Division and/or a civil penalty not to exceed $1,000.00 may be imposed
					 at the direction of the Department if it shall appear to the satisfaction of
					 the Department that the law or the policies and/or regulations of the Division
					 have been violated by the manufacturer, the manufacturer's registered
					 representative, or any employee of the manufacturer working in the state.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 11 - Manufacturer's Representative › Section 35-2-02-11-106

Current through June 25, 2024
This regulation does not affect the manufacturer's
					 employment of legal counsel regularly engaged in the practice of law in matters
					 concerning the application and interpretation of law. Further, this regulation
					 does not apply to manufacturer's representatives in instances where the
					 Division solicits special orders only for its product inventory.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 11 - Manufacturer's Representative › Section 35-2-02-11-107

Current through June 25, 2024
A distiller's, distributor's, rectifier's, or importer's
					 representative or employee shall be recognized under the same conditions
					 established in this regulation for a manufacturer's representative.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-101 - Advertising specialties

Current through June 25, 2024
"Advertising specialties" are items that are designed to be
					 carried away by consumers, such as bottle or can openers, cork screws, shopping
					 bags, matches, printed recipes, pamphlets, leaflets, pens, shirts, caps and
					 visors. The Holder may not directly or indirectly pay or credit the retailer
					 for using or distributing these materials or for any expense incidental to
					 their use.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-102 - Holder

Current through June 25, 2024
"Holder" refers to holders of manufacturer's or
					 wholesaler's permits, or anyone connected with the business of such holder, or
					 any other distiller, rectifier, blender or bottler of alcoholic
					 beverages.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-103 - Loyalty cards, discount cards, or membership cards

Current through June 25, 2024
"Loyalty cards, discount cards, or membership cards" means
					 a card that is issued by a retail permittee to customers that, upon
					 presentation to the retail permittee, provides for the purchaser to receive a
					 loyalty card, discount card, membership card, or coupon discount on a portion
					 of the amount paid by the purchaser for purchases of alcoholic beverages at the
					 time of sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-104 - Nominal Value

Current through June 25, 2024
"Nominal Value" shall be based on a per brand basis and
					 shall mean the industry's purchase price or a reasonable wholesale value not to
					 exceed the dollar limitations placed on said or like items pursuant to the
					 Federal Tied House Regulations and adjustments made by the Director of the
					 Alcohol and Tobacco Tax and Trade Bureau.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-105 - Point of sale advertising materials

Current through June 25, 2024
"Point of sale advertising materials" are items designed
					 to be used within a retail establishment to attract consumer attention to the
					 product of the Holder. Such items include, but are not limited to: posters,
					 placards, designs, inside signs (electric, mechanical or otherwise), window
					 decorations, trays, coasters, mats, menu cards, paper napkins, foam scrapers,
					 back bar mats, thermometers, clocks, calendars and alcoholic beverage lists or
					 menus. The Holder may not directly or indirectly pay or credit the retailer for
					 using or distributing these materials or for any expense incidental to their
					 use.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-106 - Product displays

Current through June 25, 2024
"Product displays" means any wine racks, bins, barrels,
					 casks, shelving, or similar items the primary function of which is to hold and
					 display consumer products.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-200

Current through June 25, 2024
Pursuant to Miss. Code Ann. Section
					 67-1-77(2), no
					 Holder shall make an offer of gifts, gratuities, or inducements of any kind
					 whatsoever to any alcoholic beverage retailer in Mississippi when such gifts or
					 gratuities are in any way connected with or associated with any phase of the
					 purchase, sale, marketing, distribution or control of alcoholic beverages
					 within the State of Mississippi, except as provided below. A Holder may give or
					 sell product displays to alcoholic beverage retailers so long as the total
					 value of all such displays to the retailer does not exceed $300 per brand at
					 any one time in any one retail establishment. The value of the product display
					 is the actual cost to the Holder who initially purchased it. Transportation and
					 installation costs are excluded.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-201

Current through June 25, 2024
A Holder may furnish the following to an alcoholic beverage
					 retailer: inside signs, educational seminars, product displays, point of sale
					 advertising materials, and advertising specialties, so long as the value of
					 such items do not to exceed the applicable Nominal Value.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-202

Current through June 25, 2024
A Holder may furnish equipment and/or supplies to an
					 alcoholic beverage retailer so long as such equipment or supplies are sold at a
					 price not less than the cost to the Holder who initially purchased them, and if
					 the price is collected within 30 days of the date of sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-203

Current through June 25, 2024
Educational seminars, trade shows or tasting events for
					 licensed retailers sponsored by any employee or registered agent of any Holder,
					 are permissible at licensed on-premise establishments, establishments holding
					 any temporary permit, or at conventions sponsored by and on behalf of alcoholic
					 beverage retailer associations. All alcoholic beverages consumed at such
					 seminars, trade shows, or tastings, other than approved conventions, must be
					 furnished exclusively by the on-premise permittee on his licensed premises. A
					 Holder's representatives may transport and provide alcoholic beverages for
					 tasting and exhibition at any convention sponsored by an alcoholic retailer
					 association convention as long as the alcoholic beverages were previously
					 purchased from a licensed retailer in this state. Offers of samples of new
					 products that are not available through a licensed retailer must follow the
					 procedures for samples found in Title 35, Part II, Subpart 2, Chapter 13 of the
					 Mississippi Administrative Code. Consumption of alcoholic beverages at all
					 seminars, trade shows and tasting events is limited to the hours of consumption
					 set forth in 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 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-204

Current through June 25, 2024
Any educational seminar, trade show or tasting event given
					 for the general public (where alcoholic beverages are sampled), regardless of
					 who sponsors the program, is limited to licensed on-premise establishments, or
					 an establishment holding a temporary permit, with the permittee exclusively
					 furnishing the alcoholic beverages.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-205

Current through June 25, 2024
Any person sponsoring an alcoholic beverage seminar or
					 trade show occurring at a location in a wet county not possessing any on
					 premise alcoholic beverage permit or a temporary permit shall not distribute
					 alcoholic beverages for tasting purposes or any other
					 purpose.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-206

Current through June 25, 2024
The preceding paragraphs do not authorize a manufacturer,
					 distiller, or wholesaler to pay an alcoholic beverage retailer's travel and/or
					 lodging expenses in conjunction with an educational seminar.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-207

Current through June 25, 2024
Except as stated in these regulations, alcoholic beverage
					 samples, coupons, rebates or other inducements, which require proof of
					 purchase, to anyone, are strictly prohibited.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-208

Current through June 25, 2024
A Holder or its promotional representative may furnish to
					 off-premises retailers rebates or coupons that are redeemable either via mail
					 or on-line by the Holder. A retailer may not redeem such rebates. The mail-in
					 or on-line rebate must be accompanied by a proof of purchase. The permittee may
					 not accept any rebate or coupon at the point of sale as full or partial payment
					 for any product offered for sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-209

Current through June 25, 2024
A permittee owning an establishment selling alcoholic
					 beverages for off-premises consumptions may use loyalty cards, discount cards
					 or memberships cards in conjunction with its retail
					 establishment.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-210

Current through June 25, 2024
Permittees may advertise discounts and coupons with the
					 requirement of the use of the permittee's loyalty card, discount card or
					 membership card in the following circumstances:
1. The permittee shall require customers to
				  present a loyalty card, discount card or membership card to receive the
				  advertised loyalty card, discount card or membership card discount when
				  purchasing an alcoholic beverage or approved product sold at the permittee's
				  retail location for off-premises consumption;
2. No loyalty card, discount card or
				  membership card shall be honored for the purchase of alcohol for any individual
				  below the legal age for purchase of alcohol;
3. A loyalty card, discount card or
				  membership card shall not provide a discount exceeding 25 percent of the
				  advertised retail price of the item; and
4. Direct or indirect cooperation shall not
				  occur between a retailer and a holder or holder's representative in either
				  marketing, redemption or funding of coupons, rebates or loyalty card, discount
				  card or membership card discounts.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 12 - Tied House, Gifts, Gratuities, and Inducements › Section 35-2-02-12-211

Current through June 25, 2024
Nothing in this regulation is intended to prohibit the
					 type of activity permitted by Title 35, Part II, Subpart 2, Chapter 13 (Samples
					 of Alcoholic Beverages); and Subpart 4, Chapter 9 (Dual Packaging) of the
					 Mississippi Administrative Code.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-100

Current through June 25, 2024
A manufacturer's representative and its employees, as
					 described in Title 35, Part II, Subpart 2, Chapter 11 of the Mississippi
					 Administrative Code, may furnish one sample of a new product to any permitted
					 retailer. This sample may be given to the permittee or to a manager on behalf
					 of the permittee. Distribution of samples may occur only at the permitted
					 business. Samples are to be used for the promotion of that specific product and
					 may not be used as a gift or an inducement to purchase other products.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-101

Current through June 25, 2024
A sample of an alcoholic beverage is defined as an
					 alcoholic beverage not previously purchased by that permittee. The size limit
					 per item of samples of alcoholic beverages allowed is to be determined by
					 federal guidelines and/or regulations.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-103 › Section 35-2-02-13-103.01

Current through June 25, 2024
The manufacturer's representative is responsible for
						paying all freight costs, excise taxes, mark-up, sales or use taxes, and any
						other costs assessed on sample products upon receipt of that product from the
						LDC Warehouse. Distribution of any product on which taxes have not been paid is
						strictly prohibited.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-103 › Section 35-2-02-13-103.02

Current through June 25, 2024
New product may be withdrawn for sample use in a limited
						amount from bailment inventory if approved in writing by the manufacturer. Such
						written approval shall include a description of the product to be removed as
						well as the amount of product which may be removed. Regardless of authorization
						given by the Manufacturer, the quantity to be removed is subject to limitation
						by the Director of ABC. This product shall be used as samples by manufacturer
						representatives only for licensed permittees. Samples shall never be allowed
						for trade shows. The product shall be labeled as samples as required by
						Paragraph 103 of this Chapter.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-104

Current through June 25, 2024
The manufacturer's representative and his employees shall,
					 on or before the fifteenth day of each month, file a report with the
					 Enforcement Section detailing the distribution of sample products for the
					 preceding month. This report must also include the storage location and amount,
					 by brand, of all sample alcoholic beverages held by the manufacturer's
					 representative or his employees pending distribution.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-105

Current through June 25, 2024
The willful failure to file such reports, the
					 falsification of such reports, or the distribution of product samples
					 inconsistent with the law or with this regulation may result in the suspension
					 of the registration of a manufacturer's representative and his employees. In
					 addition, the Department may delist the manufacturer's products.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-106

Current through June 25, 2024
A manufacturer's representative, or his employee, may
					 transport sample alcoholic beverages anywhere within the state provided that
					 such person has obtained authorization for transport from the Division. Such
					 products must be stored outside the passenger compartment of a motor vehicle or
					 in an enclosed container.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-107

Current through June 25, 2024
On-premises retailers, their managers and their employees,
					 may consume sample alcoholic beverages only during legal hours of sale and in
					 an area removed from the general public. The manufacturer's representative must
					 be present during sampling.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-108

Current through June 25, 2024
An on-premises permittee may assemble other permittees,
					 along with their licensed managers or employees, for purposes of sampling
					 alcoholic beverages. Consumption of sample alcoholic beverages must take place
					 during legal hours of sale and in an area removed from the general public. The
					 manufacturer's representative must be present during sampling. On-duty managers
					 and employees are strictly prohibited from sampling alcoholic beverages.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-109

Current through June 25, 2024
Package retailers may consume samples of alcoholic
					 beverages on their licensed premises only if all applicable regulatory
					 requirements in the Chapter are met. Any such samples provided by manufacturers
					 or manufacturers' representative for this sampling may not be distributed to,
					 sold to or given away to customers. Only the package retailer permit owner and
					 approved managers may consume sample alcoholic beverages on the premises and
					 only during legal hours in an area removed from the general public. The
					 manufacturer's representative must be present during the sampling. The
					 manufacturer's representative must remove all unconsumed samples but may offer
					 such alcoholic beverages as samples at other permitted locations in compliance
					 with these regulations. On-duty managers and employees are strictly prohibited
					 from sampling alcoholic beverages.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-110

Current through June 25, 2024
No alcoholic beverage products distributed as samples by
					 manufacturers or manufacturer representatives may be sold, offered for sale, or
					 distributed to any person by any permittee, manager, or employee of the
					 permittee.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-111

Current through June 25, 2024
A package retailer may conduct tasting events for its
					 customers only if the following criteria are met and maintained:
1. The retailer must obtain written approval
				  from the Department at least two weeks prior to the event;
2. There can be no charge to the customer for
				  attending or taking part in the event;
3. All tasting product must be served and
				  consumed in an area that is cordoned off by barriers clearly separating the
				  event from the point of sale of any alcoholic beverages;
4. No event may last longer than 4 hours and
				  must occur during regular hours of business;
5. No one under 21 years of age may attend or
				  take part in the event and a sign clearly stating this prohibition must be
				  placed at the entrance of the premises;
6. No food may be served at the event;
7. Each serving of wine served at
				  the event shall not exceed 1-1/4 ounces and no more than a cumulative total of
				  5 ounces of wine may be consumed by a customer at the event;
8. Each serving of distilled spirits served
				  at the event shall not exceed 1/4 ounce and no more than a cumulative total of
				  1 ounce of distilled spirits may be consumed by a customer at the event;
9. All product used for tasting
				  must be provided by the package retailer from its own inventory and purchased
				  from the ABC Warehouse or another package store permittee licensed as a
				  wholesaler. It cannot be provided by a manufacturer or its representatives;
10. Only the package retailer's
				  employees may serve the alcohol;
11. Tickets may not be sold for the event;
12. The retailer may only hold 1
				  event in a rolling three month period; and
13. At the end of the event, package
				  retailers must immediately remove all opened alcoholic beverage bottles used
				  during the event from the premises.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-112

Current through June 25, 2024
If a package retailer holds a tasting event described in
					 Paragraph 111, the permittee must keep an accurate accounting of the various
					 alcoholic beverages and amounts consumed at each event. The permittee must
					 provide a copy of this accounting to the Department within 10 days of
					 completion of each event.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 13 - Samples of Alcoholic Beverages › Section 35-2-02-13-113

Current through June 25, 2024
A Class 1 manufacturing permit holder may provide product
					 to patrons for sampling if the following criteria are met and maintained:
1. The product must be manufactured
				  by the distillery retailer at the site at which the product is being offered
				  for sampling;
2. The product may
				  only be offered in conjunction with a structured tour of the distillery, which
				  must include the entire manufacturing and distilling processes and methods used
				  at the distillery;
3. The product
				  must be offered at no cost to the patron;
4. The product may only be ingested on the
				  premises of the distillery;
5. The
				  product may only be offered for sampling between the hours of 8:00 a.m. and
				  10:00 p.m.;
6. No one under 21
				  years of age may attend or take part in the event, and a sign clearly stating
				  this prohibition must be placed at the entrance of the premises;
7. Each sample served may not exceed - ounce,
				  and no more than 4 samples of all product may be provided to an individual
				  during a 24 hour period; and
8.
				  The Distillery Retailer must keep an accurate accounting of the various product
				  provided and consumed as samples. This accounting must be kept for at least 3
				  years and must be made available for review by ABC upon request.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 14 - Distribution › Section 35-2-02-14-100

Current through June 25, 2024
No one except the holder of a permit or his authorized
					 agent shall be allowed to purchase or request the shipment of alcoholic
					 beverages by the Division.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 15 - Manufacturer (Rectifier) › Section 35-2-02-15-100

Current through June 25, 2024
No manufacturer's (rectifier's) permit shall be issued
					 until satisfactory evidence is furnished that the applicant holds all permits
					 or authorization required by the Federal Government.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 15 - Manufacturer (Rectifier) › Section 35-2-02-15-101

Current through June 25, 2024
Duplicate copies of monthly returns, transcripts, notices
					 or other data, as required by the Federal Government, must be furnished to the
					 Division not later than the 10th of each month. In
					 addition, manufacturers (rectifiers) shall furnish the Division duplicate
					 copies of the bills of lading covering all shipments of the products of the
					 permittee.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 15 - Manufacturer (Rectifier) › Section 35-2-02-15-102

Current through June 25, 2024
All laws, rules and regulations of the Federal Government,
					 or any subsequent modification thereof, applicable to the manufacture
					 (rectification) of distilled spirits, wines, cordials, liquors, etc., are by
					 reference hereby adopted and promulgated as the rules and regulations of the
					 Division.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 16 - Qualifications for Agents › Section 35-2-02-16-100

Current through June 25, 2024
No person shall be employed as an agent of the Division
					 unless he/she is of sound moral character and has reached the age of 21 years
					 and meets the qualifications as set forth by the Mississippi State Personnel
					 Board. The applicant must have a Bachelor's degree from an accredited four-year
					 college or university in criminal justice, law enforcement, criminology, police
					 science, police administration or a directly related field. Alternatively, the
					 applicant must have a Bachelor's degree from an accredited four-year college or
					 university and possess a current State of Mississippi Law Enforcement
					 Professional Certificate. Any agent of the Division is subject to assignment to
					 any location within the State of Mississippi consistent with the mission needs
					 of the agency for alcoholic beverage enforcement.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 17 - Mutilation of Shipping Labels › Section 35-2-02-17-100

Current through June 25, 2024
No permittee or employee of the permittee shall mutilate,
					 destroy or remove shipping labels or other information stamped or otherwise
					 affixed to any case of alcoholic beverages delivered to the permittee from the
					 LDC Warehouse nor shall any permittee or employee of the permittee allow the
					 purchaser of alcoholic beverages to remove the labels or information while on
					 the permittee's premises.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 18 - Regulations Setting Forth the Requirements of Automatic and Electronic Liquor and Wine Dispensing Systems › Section 35-2-02-18-100

Current through June 25, 2024
The installation of automatic and electronic dispensing
					 systems by on-premises permittees is authorized, provided that the following
					 requirements are complied with:
1.
				  Such equipment must avoid an in-series hook-up which would permit the contents
				  to flow from bottle to bottle before reaching the dispensing spigot or nozzle.
				  Multiple bottles of alcoholic beverages utilized to supply a single line or
				  tube in an in-series hook-up must be of identical brand and content.
2. Such equipment must dispense from the
				  original containers, as received from the Division. Once the contents flow from
				  the original containers, as received from the Division, into any such
				  equipment, said contents shall not flow from such equipment into any other
				  containers other than those used by said establishment for sale by the
				  drink.
3. The permittee shall
				  maintain records that reflect the brands and quantities of alcoholic beverages
				  used in such systems.
4. The
				  premises, including any places of storage, where the alcoholic beverages are
				  dispensed, shall be subject to inspection by the Division or law enforcement
				  officers during all business hours for the purpose of inspection or for
				  examination of any books and records required to be kept by on-premises
				  permittees. Where any part of such installation is in a locked room or locked
				  cabinet, permittees shall have a key to said room or cabinet available on the
				  premises, and, upon request by any authorized representative of the Division or
				  a law enforcement officer, such permittees or any employee thereof shall open
				  said storage rooms, cabinets, or other places for such inspection during
				  regular business hours.
5. The
				  filing of an application for the use or alteration of such systems is required.
				  No system shall be placed in service until approval is received from the
				  Division.
6. The use or alteration
				  of such equipment without prior approval from the Division shall constitute
				  good and sufficient cause for the suspension or revocation of the
				  permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 19 - Permittees, Employees and/or Agents Shall Not Be Visibly Intoxicated or Under the Influence of Any Alcoholic Beverage, Beer or Light Wine on Permitted Premises; No Consumption for Package Retailers on Permitted Premises; Limited Consumption for On-Premise Permittees Under Specific Circumstances › Section 35-2-02-19-100

Current through June 25, 2024
Except as authorized under Title 35, Part II, Subpart 2,
					 Chapter 13 of the Mississippi Administrative Code, no package retailer
					 permittee, nor employee or agent of the permittee, will be permitted on the
					 premises of the permitted place of business pursuant to Miss. Code Ann. Section
					 67-1-51
					 while consuming or while under the influence of an alcoholic beverage, beer or
					 light wine.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 19 - Permittees, Employees and/or Agents Shall Not Be Visibly Intoxicated or Under the Influence of Any Alcoholic Beverage, Beer or Light Wine on Permitted Premises; No Consumption for Package Retailers on Permitted Premises; Limited Consumption for On-Premise Permittees Under Specific Circumstances › Section 35-2-02-19-101

Current through June 25, 2024
No on-premise permittee, nor employee or agent thereof,
					 will be permitted on the premises of the permitted place of business pursuant
					 to Miss. Code Ann. Section
					 67-1-51
					 while intoxicated or visibly under the influence of an alcoholic beverage, beer
					 or light wine. In addition, no on-premises permittee, nor employee or agent
					 thereof who is on duty, will be permitted on the premises of the permitted
					 place of business pursuant to Miss. Code Ann. Section
					 67-1-51
					 while consuming an alcoholic beverage, beer or light wine. On duty for purposes
					 of this regulation shall mean visibly working or the absence of another
					 approved manager who is visibly working and exercising control over the
					 operation of the permitted place of business. Intoxicated for purposes of this
					 regulation shall mean above the legal limit which is established by the Implied
					 Consent Law found in Miss. Code Ann. Section
					 63-11-1 et
					 seq.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 19 - Permittees, Employees and/or Agents Shall Not Be Visibly Intoxicated or Under the Influence of Any Alcoholic Beverage, Beer or Light Wine on Permitted Premises; No Consumption for Package Retailers on Permitted Premises; Limited Consumption for On-Premise Permittees Under Specific Circumstances › Section 35-2-02-19-102

Current through June 25, 2024
The Department may revoke or suspend the license of any
					 package or on-premise permittee for the violation of the provisions of this
					 chapter. The failure of any permittee, or employee or agent thereof, to submit
					 to an intoxilyzer or field sobriety test after being charged with being
					 intoxicated, and having been requested to do so by agents of the Division or
					 any other duly authorized law enforcement official of the State of Mississippi,
					 will be deemed prima facie proof that the permittee, or his agent or employee,
					 was intoxicated.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 19 - Permittees, Employees and/or Agents Shall Not Be Visibly Intoxicated or Under the Influence of Any Alcoholic Beverage, Beer or Light Wine on Permitted Premises; No Consumption for Package Retailers on Permitted Premises; Limited Consumption for On-Premise Permittees Under Specific Circumstances › Section 35-2-02-19-103 - Reserved

Current through June 25, 2024
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-100

Current through June 25, 2024
Pursuant to all Federal requirements and Miss. Code Ann.
					 Section
					 67-1-41,
					 permittees may purchase alcoholic beverages from a package retailer holding
					 applicable Federal wholesale permits and who have been approved by the
					 Department to make wholesale sales of alcoholic beverages. In order to buy at
					 wholesale from a package retailer, an on-premise retailer must present a permit
					 identification card, which will be issued by the Division.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-101

Current through June 25, 2024
Any qualified package retailer may apply with the
					 Department for approval to engage in wholesale transactions with permittees.
					 The permittee must meet all federal permit requirements and must maintain all
					 state permit qualifications as set forth in Miss. Code Ann. Section
					 67-1-57
					 in order to qualify for approval by the Department. The package retailer's
					 authorization to make wholesale sales may be suspended or revoked for any
					 violation of the Local Option laws, or the rules and
					 regulations..
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-102

Current through June 25, 2024
Each package retailer authorized to sell at wholesale shall
					 use invoices provided by the Division for sales to other permittees and shall
					 maintain copies of said invoices for a period of three years. Each sales
					 invoice must reflect all requested information at the time of delivery to the
					 purchaser.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-103

Current through June 25, 2024
Purchases made from authorized package retailers must be
					 completed between the hours of 10:00 a.m. and 10:00 p.m., Monday through
					 Saturday, provided such sales are not otherwise prohibited. New permit holders
					 must make their initial order of alcoholic beverages with the Alcoholic
					 Beverage Control before making a purchase from an approved
					 wholesaler.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-104

Current through June 25, 2024
An authorized wholesale package retailer may deliver
					 product to permittees between the hours of 10:00 a.m. and 10:00 p.m., Monday
					 through Saturday, provided such sales are not otherwise prohibited. Product
					 must be delivered in a concealed cargo area of a vehicle or sufficiently
					 covered so as to not be visible by the public.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-105

Current through June 25, 2024
Upon completion of the wholesale transaction or upon
					 delivery of product to the purchaser, the seller must provide a copy of the
					 sales invoice to the purchaser, and the invoice must remain with the seller or
					 purchaser while transporting the purchased beverages to the purchaser's
					 permitted location. The purchaser's copy of the sales invoice shall be
					 maintained by the purchaser at his place of business for a period of three (3)
					 years and, upon request, must be immediately provided to the Division or other
					 law enforcement agency requesting same.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-106

Current through June 25, 2024
A package retailer authorized to make said wholesale sales
					 shall electronically file a form with the Division showing the on-premises
					 sales for each given month. This information must be filed electronically by
					 the 20th day of the month following the sale. Information reflecting wholesale
					 sales made to other package retailers shall not be included on the form. The
					 seller shall maintain a copy of all sales transactions (on premises and package
					 retailers) for a period of three (3) years. Upon request of the Division or
					 other law enforcement agency, the retailer shall immediately produce said sales
					 invoice to the requesting agency.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-107

Current through June 25, 2024
All purchases made by on premise permittees under this
					 regulation shall be included in the calculation of the additional privilege fee
					 levied pursuant to Miss. Code Ann. Section
					 27-71-5.
					 For purposes of calculating the additional privilege fee, the price shall not
					 be less than the price of the alcoholic beverages as listed in the Division's
					 price book in effect at the time of the sale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-108

Current through June 25, 2024
Transaction reports submitted to the Division shall be in a
					 standard reporting format unless prior approval for business generated forms is
					 given. Permittees that hold a wholesale permit and make no sales during the
					 preceding period must file a report indicating no sales for that
					 period.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 20 - Sales of Alcoholic Beverages by Approved Package Retailers to Other Retailers; Shipping of Wine from Wineries to Package Retailers for Sale › Section 35-2-02-20-109

Current through June 25, 2024
A package retail permittee may receive wine from a winery
					 under the procedure outlined in and for the purposes stated in Miss. Code
					 Section
					 67-1-41.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 21 - Governmental Affairs Representatives › Section 35-2-02-21-100

Current through June 25, 2024
A holder of a manufacturer's or wholesaler's permit may
					 contract for the service of a representative in the area of governmental
					 affairs on a part-time basis with a holder of an on premises retailer's
					 permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 21 - Governmental Affairs Representatives › Section 35-2-02-21-101

Current through June 25, 2024
Notice must be provided to the Division by providing a
					 copy of the employment contract entered into by the manufacturer or wholesaler
					 and the representative. The contract shall include a description of services to
					 be rendered by the governmental affairs representative, and shall include the
					 salary to be paid as well as the duration of the employment.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 21 - Governmental Affairs Representatives › Section 35-2-02-21-102

Current through June 25, 2024
The representative shall register with the Office of the
					 Secretary of State, and shall provide the Division with proof of such
					 registration by providing certified copies of all information submitted to the
					 Secretary of State.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 21 - Governmental Affairs Representatives › Section 35-2-02-21-103

Current through June 25, 2024
One (1) year from the date of entry into the contract for
					 employment as a governmental affairs representative, the representative shall
					 submit an annual report to the Division, using required
					 forms.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 2 - Alcohol Beverage Control › Subpart 02 - Enforcement › Chapter 22 - Exchanges, Credits and Refunds › Section 35-2-02-22-100

Current through June 25, 2024
Permittees holding package retailer's permits may allow a
					 customer to return bottles of package liquor for exchange or refund as long as
					 the liquor was, in fact, purchased from the permittee's business, and as long
					 as a receipt reflecting that the liquor was sold to the patron by the permittee
					 is presented by the patron.
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 35-2-02-23-100

Current through June 25, 2024
Package retailers may sell wine glasses, corkscrews, ice,
					 soft drinks, juices, mixers, and other non-alcoholic beverages commonly used to
					 mix with alcoholic beverages, for consumption off the premises. Additionally,
					 package retailers may sell edibles for consumption off the
					 premises.
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 35-2-02-23-101

Current through June 25, 2024
Wine glasses shall include glassware that is manufactured
					 and marketed primarily for wine consumption as well as plastic stemware
					 commonly used in drinking wine. Other types of plastic containers, styrofoam,
					 and paper cups of all other types are not included and may not be sold or used
					 for consumption on the premises. In addition, industry supplied consumer items
					 may not be offered for sale by package retailers.
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 35-2-02-23-102

Current through June 25, 2024
Sales of ice must be limited to commercially bagged ice in
					 original sealed and unopened bags containing five (5) or more
					 pounds.
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 35-2-02-23-103

Current through June 25, 2024
Soft drinks include original commercially sealed and
					 unopened containers. Fountain drinks are not considered soft drinks under this
					 regulation.