MISSISSIPPI LEGISLATURE REGULAR SESSION 2025

By: Senator(s) Michel, Blackmon, England, To: Finance

DeLano

SENATE BILL NO. 2145

(As Passed the Senate)

1 AN ACT TO AUTHORIZE A PERSON WHO IS THE HOLDER OF A WINE

2 MANUFACTURER'S PERMIT IN THIS STATE, OR WHO IS LICENSED OR
3 PERMITTED OUTSIDE OF THE STATE TO ENGAGE IN THE ACTIVITY OF
4 MANUFACTURING WINE, TO SELL AND SHIP WINE DIRECTLY TO RESIDENTS
5 AND WINE FULFILLMENT PROVIDERS IN THIS STATE, IF THE PERSON
6 OBTAINS A DIRECT WINE SHIPPER'S PERMIT FROM THE DEPARTMENT OF
7 REVENUE; TO PROVIDE FOR THE ISSUANCE OF DIRECT WINE SHIPPER'S
8 PERMITS; TO REQUIRE THE HOLDER OF A DIRECT WINE SHIPPER'S PERMIT
9 TO KEEP CERTAIN RECORDS AND TO REPORT CERTAIN INFORMATION TO THE
10 DEPARTMENT OF REVENUE ON A QUARTERLY BASIS; TO PROHIBIT THE HOLDER
11 OF A DIRECT WINE SHIPPER'S PERMIT FROM SELLING OR SHIPPING LIGHT
12 WINE OR BEER OR ANY ALCOHOLIC BEVERAGE OTHER THAN WINE AND FROM
13 SELLING AND SHIPPING WINE CONTRACTED THROUGH MISSISSIPPI
14 DISTRIBUTORS, BROKERS AND SOLICITORS, EXCEPT HIGHLY ALLOCATED
15 ITEMS; TO LIMIT THE AMOUNT OF WINE THAT A HOLDER OF A DIRECT WINE
16 SHIPPER'S PERMIT MAY SELL OR SHIP TO AN INDIVIDUAL EACH YEAR; TO
17 PROVIDE FOR THE ANNUAL RENEWAL OF DIRECT WINE SHIPPER'S PERMITS;
18 TO PROVIDE THAT PERSONS PURCHASING OR RECEIVING A DIRECT SHIPMENT
19 OF WINE FROM A DIRECT WINE SHIPPER MUST BE AT LEAST 21 YEARS OF
20 AGE; TO PROVIDE THAT PERSONS RECEIVING A DIRECT SHIPMENT OF WINE
21 FROM A DIRECT WINE SHIPPER SHALL USE THE WINE FOR PERSONAL
22 CONSUMPTION ONLY AND MAY NOT RESELL IT; TO AUTHORIZE THE
23 COMMISSIONER OF REVENUE TO ADOPT ANY RULES OR REGULATIONS AS
24 NECESSARY TO CARRY OUT THIS ACT; TO PROVIDE PENALTIES FOR
25 VIOLATIONS OF THIS ACT; TO AMEND SECTIONS 27-71-5, 27-71-7,
26 27-71-15 AND 27-71-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THE
27 PRIVILEGE TAX REQUIRED FOR THE ISSUANCE OF A DIRECT WINE SHIPPER'S
28 PERMIT AND WINE FULFILLMENT PROVIDER'S PERMIT; TO LEVY A TAX UPON
29 THE SALES AND SHIPMENTS OF WINE MADE BY A DIRECT WINE SHIPPER; TO
30 REQUIRE A CERTAIN AMOUNT OF THE TAXES LEVIED TO BE DEPOSITED INTO
31 THE MENTAL HEALTH PROGRAMS FUND; TO AMEND SECTIONS 67-1-41,
32 67-1-45, 67-1-51, 67-1-53, 67-1-55, 67-1-57, 67-1-73, 97-31-47 AND
33 97-31-49, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE FOREGOING
34 PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
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35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

36 SECTION 1. As used in Sections 1 through 9 of this act, the

37 following words shall have the meanings as defined in this section

38 unless the context otherwise requires:

39 (a) "Common carrier" means a person that holds itself

40 out to the general public as engaged in the business of

41 transporting goods for a fee and is engaged in the business of

42 transporting and delivering alcoholic beverages from a direct wine

43 shipper directly to a consumer or fulfillment provider in this

44 state.

45 (b) "Department" means the Department of Revenue.

46 (c) "Direct wine shipper" means a wine manufacturer

47 that holds a direct wine shipper's permit under Section 67-1-51

48 and meets the requirements of Sections 1 through 9 of this act.

49 (d) "Fulfillment provider" means the holder of a wine

50 fulfillment provider's permit under Section 67-1-51 who acts on

51 behalf of a direct wine shipper to ship wine to a consumer and

52 arranges for transport of wine to the consumer by a common

53 carrier.

54 (e) "Wine" means any product obtained from the

55 alcoholic fermentation of the juice of sound, ripe grapes, fruits

56 or berries, made in accordance with the revenue laws of the United

57 States, and containing more than five percent (5%) of alcohol by

58 weight.

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59 In addition, the definitions in Section 67-1-5 shall apply to

60 the terms used in Sections 1 through 9 of this act, unless the

61 context requires otherwise.

62 SECTION 2. A person must hold a direct wine shipper's permit

63 before the person may engage in selling and shipping wine directly

64 to a resident in this state. A direct wine shipper may sell and

65 ship wine directly to residents in this state without being

66 required to transact the sale and shipment through the division.

67 SECTION 3. To qualify for a direct wine shipper's permit, an

68 applicant shall be:

69 (a) A holder of a Class 2 or Class 3 manufacturer's

70 permit issued in accordance with Section 67-1-51; or

71 (b) A person licensed or permitted outside of this

72 state to engage in the activity of manufacturing wine.

73 SECTION 4. (1) An applicant for a direct wine shipper's

74 permit shall:

75 (a) Submit to the department a completed application on

76 a form provided by the department, containing all information that

77 is required by the department;

78 (b) Provide to the department a copy of the applicant's

79 current license or permit to engage in the activity of

80 manufacturing wine issued in this or any other state; and

81 (c) Pay to the department the tax prescribed in Section

82 27-71-5.

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83 (2) After a person complies with the provisions of

84 subsection (1) of this section, the department may conduct any

85 investigation as it considers necessary regarding the issuance of

86 a direct wine shipper's permit, and the department shall issue

87 such permit to the applicant if the requirements of Sections 1

88 through 9 of this act are met.

89 SECTION 5. (1) A direct wine shipper shall:

90 (a) Ensure that all containers of wine sold and shipped

91 directly to a resident in this state are conspicuously labeled

92 with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21

93 YEARS OR OLDER REQUIRED FOR DELIVERY";

94 (b) Report to the department quarterly the total amount

95 of wine, by type, sold and shipped into or within the state the

96 preceding calendar year, and other information required by the

97 department under its rules and regulations adopted pursuant to

98 Section 8 of this act;

99 (c) Maintain for at least three (3) years all records

100 that allow the department to ascertain the truthfulness of the

101 information filed under Sections 1 through 9 of this act;

102 (d) Allow the department to perform an audit of the

103 direct wine shipper's records upon request; and

104 (e) Be deemed to have consented to the jurisdiction of

105 the department or any other state agency and the state courts

106 concerning enforcement of Sections 1 through 9 of this act and any

107 related laws, rules or regulations.

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108 (2) A direct wine shipper shall not:

109 (a) Sell or ship any light wine or beer that is

110 regulated under Section 67-3-1 et seq. or any alcoholic beverage

111 other than wine;

112 (b) Sell or ship wine that is contracted through

113 Mississippi distributors, brokers, and solicitors within the state.

114 Wines which are very limited in quantity and are commonly referred

115 to by the broker as highly allocated items noted as "Allocated Item

116 - See Broker" on the TAP Alcoholic Beverage Control Division of the

117 Department of Revenue website are eligible for sale at a package

118 retailer and also through direct shipment by a direct shipper; or

119 (c) Sell or ship more than twelve (12) nine–liter cases

120 of wine annually to any one (1) address.

121 SECTION 6. A direct wine shipper may annually renew his or

122 her direct wine shipper's permit, if the direct wine shipper:

123 (a) Is otherwise entitled to receive a direct wine

124 shipper's permit;

125 (b) Provides to the department a copy of his or her

126 current license or permit to engage in the activity of

127 manufacturing wine issued in this or any other state; and

128 (c) Pays to the department a renewal fee as prescribed

129 in Section 27-71-5.

130 SECTION 7. (1) To purchase and receive a direct shipment of

131 wine from a direct wine shipper, a resident of this state must be
132 at least twenty-one (21) years of age, and a person who is at

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133 least twenty-one (21) years of age must sign for any wine shipped

134 from a direct wine shipper.

135 (2) A shipment of wine may be ordered or purchased from a

136 direct wine shipper through a computer network.

137 (3) A person who receives a direct shipment of wine from a

138 direct wine shipper shall use the wine for personal consumption

139 only and may not resell it.

140 SECTION 8. The Commissioner of Revenue of the department

141 shall adopt rules and regulations as necessary to carry out

142 Sections 1 through 9 of this act. All of the enforcement

143 provisions of Section 67-1-1 et seq., that are not in conflict

144 with Sections 1 through 9 of this act may be used by the

145 department to enforce the provisions of Sections 1 through 9 of

146 this act.

147 SECTION 9. (1) Any person who makes, participates in,

148 transports, imports or receives a sale or shipment of wine in

149 violation of Sections 1 through 9 of this act is guilty of a

150 misdemeanor and, upon conviction thereof, shall be punished by a

151 fine not exceeding One Thousand Dollars ($1,000.00) or

152 imprisonment in the county jail for not more than six (6) months,

153 or both. Each sale or shipment in violation of Sections 1 through

154 9 of this act shall constitute a separate offense.

155 (2) If any holder of a direct wine shipper's permit violates

156 any provision of Sections 1 through 9 of this act, the department

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157 may suspend or revoke the permit and impose civil penalties as

158 authorized under Section 67-1-1 et seq.

159 (3) Notwithstanding subsection (1) of this section, a

160 consumer who receives a direct shipment of wine in compliance with

161 the conditions in Sections 1 through 9 of this act, and who is of

162 legal age as specified in Section 7 of this act, shall not be

163 subject to penalties under this section for merely receiving such

164 a shipment. This exemption applies if the consumer reasonably

165 believes the shipment is in accordance with the permits and

166 regulatory requirements established by the state.

167 SECTION 10. Section 27-71-5, Mississippi Code of 1972, is

168 amended as follows:

169 27-71-5. (1) Upon each person approved for a permit under

170 the provisions of the Alcoholic Beverage Control Law and

171 amendments thereto, there is levied and imposed for each location

172 for the privilege of engaging and continuing in this state in the

173 business authorized by such permit, an annual privilege license

174 tax in the amount provided in the following schedule:

175 (a) Except as otherwise provided in this subsection

176 (1), manufacturer's permit, Class 1, distiller's and/or

177 rectifier's:

178 (i) For a permittee with annual production of

179 five thousand (5,000) gallons or more.................... $4,500.00

180 (ii) For a permittee with annual production under five thousand
181 (5,000) gallons.......................................... $2,800.00

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182 (b) Manufacturer's permit, Class 2, wine

183 manufacturer............................................. $1,800.00

184 (c) Manufacturer's permit, Class 3, native wine

185 manufacturer per ten thousand (10,000) gallons or part thereof

186 produced................................................. $ 10.00

187 (d) Manufacturer's permit, Class 4, native spirit

188 manufacturer per one thousand (1,000) gallons or part thereof

189 produced................................................. $ 300.00

190 (e) Native wine retailer's permit............. $ 50.00

191 (f) Package retailer's permit, each........... $ 900.00

192 (g) On-premises retailer's permit, except for clubs and

193 common carriers, each.................................... $ 450.00

194 (h) On-premises retailer's permit for wine of more than

195 five percent (5%) alcohol by weight, but not more than twenty-one

196 percent (21%) alcohol by weight, each.................... $ 225.00

197 (i) On-premises retailer's permit for clubs... $ 225.00

198 (j) On-premises retailer's permit for common carriers,

199 per car, plane, or other vehicle......................... $ 120.00

200 (k) Solicitor's permit, regardless of any other

201 provision of law, solicitor's permits shall be issued only in the

202 discretion of the department............................. $ 100.00

203 (l) Filing fee for each application except for an

204 employee identification card............................. $ 25.00

205 (m) Temporary permit, Class 1, each........... $ 10.00

206 (n) Temporary permit, Class 2, each........... $ 50.00

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207 (o) (i) Caterer's permit..................... $ 600.00

208 (ii) Caterer's permit for holders of on-premises

209 retailer's permit........................................ $ 150.00

210 (p) Research permit........................... $ 100.00

211 (q) Temporary permit, Class 3 (wine only)..... $ 10.00

212 (r) Special service permit.................... $ 225.00

213 (s) Merchant permit........................... $ 225.00

214 (t) Temporary alcoholic beverages charitable auction

215 permit................................................... $ 10.00

216 (u) Event venue retailer's permit............. $ 225.00

217 (v) Temporary theatre permit, each............ $ 10.00

218 (w) Charter ship operator's permit............ $ 100.00

219 (x) Distillery retailer's permit.............. $ 450.00

220 (y) Festival wine permit...................... $ 10.00

221 (z) Charter vessel operator's permit.......... $ 100.00

222 (aa) Native spirit retailer's permit.......... $ 50.00

223 (ab) Delivery service permit.................. $ 500.00

224 (ac) Food truck permit........................ $ 100.00

225 (ad) On-premises tobacco permit............... $ 450.00

226 (ae) Direct wine shipper's permit............. $ 100.00

227 (af) Wine fulfillment provider's permit....... $ 100.00

228 In addition to the filing fee imposed by paragraph (l) of

229 this subsection, a fee to be determined by the Department of

230 Revenue may be charged to defray costs incurred to process

231 applications. The additional fees shall be paid into the State

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232 Treasury to the credit of a special fund account, which is hereby

233 created, and expenditures therefrom shall be made only to defray

234 the costs incurred by the Department of Revenue in processing

235 alcoholic beverage applications. Any unencumbered balance

236 remaining in the special fund account on June 30 of any fiscal

237 year shall lapse into the State General Fund.

238 All privilege taxes imposed by this section shall be paid in

239 advance of doing business. A new permittee whose privilege tax is

240 determined by production volume will pay the tax for the first

241 year in accordance with department regulations. The additional

242 privilege tax imposed for an on-premises retailer's permit based

243 upon purchases shall be due and payable on demand.

244 Paragraph (y) of this subsection shall stand repealed from

245 and after July 1, 2026.

246 (2) (a) There is imposed and shall be collected from each

247 permittee, except a common carrier, solicitor, * * * temporary

248 permittee * * *, delivery service permittee or direct wine

249 shipper's permittee, by the department, an additional license tax

250 equal to the amounts imposed under subsection (1) of this section

251 for the privilege of doing business within any municipality or

252 county in which the licensee is located.

253 (b) (i) In addition to the tax imposed in paragraph

254 (a) of this subsection, there is imposed and shall be collected by

255 the department from each permittee described in subsection (1)(g),

256 (h), (i), (n) and (u) of this section, an additional license tax

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257 for the privilege of doing business within any municipality or

258 county in which the licensee is located in the amount of Two

259 Hundred Twenty-five Dollars ($225.00) on purchases exceeding Five

260 Thousand Dollars ($5,000.00) and Two Hundred Twenty-five Dollars

261 ($225.00) for each additional purchase of Five Thousand Dollars

262 ($5,000.00), or fraction thereof.

263 (ii) In addition to the tax imposed in paragraph

264 (a) of this subsection, there is imposed and shall be collected by

265 the department from each permittee described in subsection (1)(o)

266 and (s) of this section, an additional license tax for the

267 privilege of doing business within any municipality or county in

268 which the licensee is located in the amount of Two Hundred Fifty

269 Dollars ($250.00) on purchases exceeding Five Thousand Dollars

270 ($5,000.00) and Two Hundred Twenty-five Dollars ($225.00) for each

271 additional purchase of Five Thousand Dollars ($5,000.00), or

272 fraction thereof.

273 (iii) Any person who has paid the additional

274 privilege license tax imposed by this paragraph, and whose permit

275 is renewed, may add any unused fraction of Five Thousand Dollars

276 ($5,000.00) purchases to the first Five Thousand Dollars

277 ($5,000.00) purchases authorized by the renewal permit, and no

278 additional license tax will be required until purchases exceed the

279 sum of the two (2) figures.

280 (c) If the licensee is located within a municipality,

281 the department shall pay the amount of additional license tax

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282 collected under this section to the municipality, and if outside a

283 municipality the department shall pay the additional license tax

284 to the county in which the licensee is located. Payments by the

285 department to the respective local government subdivisions shall

286 be made once each month for any collections during the preceding

287 month.

288 (3) When an application for any permit, other than for

289 renewal of a permit, has been rejected by the department, such

290 decision shall be final. Appeal may be made in the manner

291 provided by Section 67-1-39. Another application from an

292 applicant who has been denied a permit shall not be reconsidered

293 within a twelve-month period.

294 (4) The number of permits issued by the department shall not

295 be restricted or limited on a population basis; however, the

296 foregoing limitation shall not be construed to preclude the right

297 of the department to refuse to issue a permit because of the

298 undesirability of the proposed location.

299 (5) If any person shall engage or continue in any business

300 which is taxable under this section without having paid the tax as

301 provided in this section, the person shall be liable for the full

302 amount of the tax plus a penalty thereon equal to the amount

303 thereof, and, in addition, shall be punished by a fine of not more

304 than One Thousand Dollars ($1,000.00), or by imprisonment in the

305 county jail for a term of not more than six (6) months, or by both
306 such fine and imprisonment, in the discretion of the court.

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307 (6) It shall be unlawful for any person to consume alcoholic

308 beverages on the premises of any hotel restaurant, restaurant,

309 club or the interior of any public place defined in Chapter 1,

310 Title 67, Mississippi Code of 1972, when the owner or manager

311 thereof displays in several conspicuous places inside the

312 establishment and at the entrances of establishment a sign

313 containing the following language: NO ALCOHOLIC BEVERAGES

314 ALLOWED.

315 SECTION 11. Section 27-71-7, Mississippi Code of 1972, is

316 amended as follows:

317 27-71-7. (1) There is hereby levied and assessed an excise

318 tax upon each case of alcoholic beverages sold by the department

319 to be collected from each retail licensee at the time of sale in

320 accordance with the following schedule:

321 (a) Distilled spirits.................. $2.50 per gallon

322 (b) Sparkling wine and champagne....... $1.00 per gallon

323 (c) Other wines, including native

324 wines................................... $ .35 per gallon

325 (2) (a) In addition to the tax levied by subsection (1) of

326 this section, and in addition to any other markup collected,

327 the * * * division shall collect a markup of three percent (3%) on

328 all alcoholic beverages, as defined in Section 67-1-5, Mississippi

329 Code of 1972, which are sold by the division. The proceeds of the

330 markup shall be collected by the division from each purchaser at

331 the time of purchase.

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332 (b) Until June 30, 1987, the revenue derived from this

333 three percent (3%) markup shall be deposited by the division in

334 the State Treasury to the credit of the "Alcoholism Treatment and

335 Rehabilitation Fund," a special fund which is hereby created in

336 the State Treasury, and shall be used by the Division of Alcohol

337 and Drug Abuse of the State Department of Mental Health and public

338 or private centers or organizations solely for funding of

339 treatment and rehabilitation programs for alcoholics and alcohol

340 abusers which are sponsored by the division or public or private

341 centers or organizations in such amounts as the Legislature may

342 appropriate to the division for use by the division or public or

343 private centers or organizations for such programs. Any tax

344 revenue in the fund which is not encumbered at the end of the

345 fiscal year shall lapse to the General Fund. It is the intent of

346 the Legislature that the State Department of Mental Health shall

347 continue to seek funds from other sources and shall use the funds

348 appropriated for the purposes of this section and Section 27-71-29
349 to match all federal funds which may be available for alcoholism

350 treatment and rehabilitation.

351 From and after July 1, 1987, the revenue derived from this

352 three percent (3%) markup shall be deposited by the division in

353 the State Treasury to the credit of the "Mental Health Programs

354 Fund," a special fund which is hereby created in the State

355 Treasury and shall be used by the State Department of Mental

356 Health for the service programs of the department. Any revenue in

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357 the "Alcoholism Treatment and Rehabilitation Fund" which is not

358 encumbered at the end of Fiscal Year 1987 shall be deposited to

359 the credit of the "Mental Health Programs Fund."

360 (3) There is levied and assessed upon the holder of a direct

361 wine shipper's permit, a tax in the amount of fifteen and one-half

362 percent (15.5%) of the sales price of each sale and shipment of

363 wine made to a resident in this state. The holder of a direct

364 wine shipper's permit shall file a monthly report with the

365 department along with a copy of the invoice for each sale and

366 shipment of wine and remit any taxes due; however, no report shall

367 be required for months in which no sales or shipments were made

368 into this state. The report, together with copies of the invoices

369 and the payment of all taxes, shall be filed with the department

370 not later than the twentieth day of the month following the month

371 in which the shipment was made. Permittees who fail to timely

372 file and pay taxes as required by this subsection shall pay a late

373 fee in the amount of Fifty Dollars ($50.00), in addition to any

374 other penalty authorized by this article.

375 SECTION 12. Section 27-71-15, Mississippi Code of 1972, is

376 amended as follows:

377 27-71-15. Except as otherwise provided in Section 67-9-1 for

378 the transportation of limited amounts of alcoholic beverages for

379 the use of an alcohol processing permittee, and in Sections 1

380 through 9 of this act for the sale and shipment of wine by the
381 holder of a direct wine shipper's permit, if transportation

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382 requires passage through a county which has not authorized the

383 sale of alcoholic beverages, such transportation shall be by a

384 sealed vehicle. Such seal shall remain unbroken until the vehicle

385 shall reach the place of business operated by the permittee. The

386 operator of any vehicle transporting alcoholic beverages shall

387 have in his possession an invoice issued by the * * * department

388 at the time of the wholesale sale covering the merchandise

389 transported by the vehicle. The * * * department is authorized to

390 issue regulations controlling the transportation of alcoholic

391 beverages.

392 When the restrictions imposed by this section and by the

393 regulation of the * * * department have not been violated, the

394 person transporting alcoholic beverages through a county wherein

395 the sale of alcoholic beverages is prohibited shall not be guilty

396 of unlawful possession and such merchandise shall be immune from

397 seizure.

398 SECTION 13. Section 27-71-29, Mississippi Code of 1972, is

399 amended as follows:

400 27-71-29. (1) (a) All taxes levied by this article shall

401 be paid to the Department of Revenue in cash or by personal check,

402 cashier's check, bank exchange, post office money order or express

403 money order and shall be deposited by the department in the State

404 Treasury on the same day collected, but no remittances other than

405 cash shall be a final discharge of liability for the tax herein

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406 imposed and levied unless and until it has been paid in cash to

407 the department.

408 (b) All taxes levied under Section 27-71-7(1) and

409 received by the department under this article shall be paid into

410 the General Fund, and the three percent (3%) levied under Section

411 27-71-7(2) and received by the department under this article shall

412 be paid into the special fund in the State Treasury designated as

413 the "Alcoholism Treatment and Rehabilitation Fund" as required by

414 law. Any funds derived from the sale of alcoholic beverages in

415 excess of inventory requirements shall be paid not less often than

416 annually into the General Fund, except for a portion of the

417 twenty-seven and one-half percent (27-1/2%) markup provided for in

418 Section 27-71-11, as specified in subsection (2) of this section,

419 and except for fees charged by the department for the defraying of

420 costs associated with shipping alcoholic beverages. The revenue

421 derived from these fees shall be deposited by the department into

422 a special fund, hereby created in the State Treasury, which is

423 designated the "ABC Shipping Fund." The monies in this special

424 fund shall be earmarked for use by the department for any

425 expenditure made to ship alcoholic beverages. Any net proceeds

426 remaining in the special fund on August 1 of any fiscal year shall

427 lapse into the General Fund. "Net proceeds" in this section means

428 the total of all fees collected by the department to defray the

429 costs of shipping less the actual costs of shipping.

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430 (c) All taxes levied under Section 27-71-7(3) and

431 received by the department under this article shall be paid into

432 the General Fund, except for an amount equivalent to the three

433 percent (3%) levied under Section 27-71-7(2), which shall be paid

434 into the special fund in the State Treasury designated as the

435 "Mental Health Programs Fund" as required by law.

436 (2) If the special bond sinking fund created in Section 7(3)

437 of Chapter 483, Laws of 2022 has a balance below the minimum

438 amount specified in the resolution providing for the issuance of

439 the bonds, or below one and one-half (1-1/2) times the amount

440 needed to pay the annual debt obligations related to the bonds

441 issued under Section 7 of Chapter 483, Laws of 2022, whichever is

442 the lesser amount, the Commissioner of Revenue shall transfer the

443 deficit amount to the bond sinking fund from revenue derived from

444 the twenty-seven and one-half percent (27-1/2%) markup provided

445 for in Section 27-71-11.

446 SECTION 14. Section 67-1-41, Mississippi Code of 1972, is

447 amended as follows:

448 67-1-41. (1) The department is hereby created a wholesale

449 distributor and seller of alcoholic beverages, not including malt

450 liquors, within the State of Mississippi. It is granted the right

451 to import and sell alcoholic beverages at wholesale within the

452 state, and no person who is granted the right to sell, distribute

453 or receive alcoholic beverages at retail shall purchase any

454 alcoholic beverages from any source other than the department,

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455 except as authorized in subsections (4), (9) and (12) of this

456 section and Sections 1 through 9 of this act. The department may

457 establish warehouses, and the department may purchase alcoholic

458 beverages in such quantities and from such sources as it may deem

459 desirable and sell the alcoholic beverages to authorized

460 permittees within the state including, at the discretion of the

461 department, any retail distributors operating within any military

462 post or qualified resort areas within the boundaries of the state,

463 keeping a correct and accurate record of all such transactions and

464 exercising such control over the distribution of alcoholic

465 beverages as seem right and proper in keeping with the provisions

466 or purposes of this article.

467 (2) No person for the purpose of sale shall manufacture,

468 distill, brew, sell, possess, export, transport, distribute,

469 warehouse, store, solicit, take orders for, bottle, rectify,

470 blend, treat, mix or process any alcoholic beverage except in

471 accordance with authority granted under this article, or as

472 otherwise provided by law for native wines or native spirits.

473 (3) No alcoholic beverage intended for sale or resale shall

474 be imported, shipped or brought into this state for delivery to

475 any person other than as provided in this article, or as otherwise

476 provided by law for native wines or native spirits.

477 (4) The department may promulgate rules and regulations

478 which authorize on-premises retailers to purchase limited amounts

479 of alcoholic beverages from package retailers and for package

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480 retailers to purchase limited amounts of alcoholic beverages from

481 other package retailers. The department shall develop and provide

482 forms to be completed by the on-premises retailers and the package

483 retailers verifying the transaction. The completed forms shall be

484 forwarded to the department within a period of time prescribed by

485 the department.

486 (5) The department may promulgate rules which authorize the

487 holder of a package retailer's permit to permit individual retail

488 purchasers of packages of alcoholic beverages to return, for

489 exchange, credit or refund, limited amounts of original sealed and

490 unopened packages of alcoholic beverages purchased by the

491 individual from the package retailer.

492 (6) The department shall maintain all forms to be completed

493 by applicants necessary for licensure by the department at all

494 district offices of the department.

495 (7) The department may promulgate rules which authorize the

496 manufacturer of an alcoholic beverage or wine to import, transport

497 and furnish or give a sample of alcoholic beverages or wines to

498 the holders of package retailer's permits, on-premises retailer's

499 permits, native wine or native spirit retailer's permits and

500 temporary retailer's permits who have not previously purchased the

501 brand of that manufacturer from the department. For each holder

502 of the designated permits, the manufacturer may furnish not more

503 than five hundred (500) milliliters of any brand of alcoholic

504 beverage and not more than three (3) liters of any brand of wine.

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505 (8) The department may promulgate rules disallowing open

506 product sampling of alcoholic beverages or wines by the holders of

507 package retailer's permits and permitting open product sampling of

508 alcoholic beverages by the holders of on-premises retailer's

509 permits. Permitted sample products shall be plainly identified

510 "sample" and the actual sampling must occur in the presence of the

511 manufacturer's representatives during the legal operating hours of

512 on-premises retailers.

513 (9) The department may promulgate rules and regulations that

514 authorize the holder of a research permit to import and purchase

515 limited amounts of alcoholic beverages from importers, wineries

516 and distillers of alcoholic beverages or from the department. The

517 department shall develop and provide forms to be completed by the

518 research permittee verifying each transaction. The completed

519 forms shall be forwarded to the department within a period of time

520 prescribed by the department. The records and inventory of

521 alcoholic beverages shall be open to inspection at any time by the

522 Director of the Alcoholic Beverage Control Division or any duly

523 authorized agent.

524 (10) The department may promulgate rules facilitating a

525 retailer's on-site pickup of alcoholic beverages sold by the

526 department or as authorized by the department, including, but not

527 limited to, native wines and native spirits, so that those

528 alcoholic beverages may be delivered to the retailer at the

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529 manufacturer's location instead of via shipment from the

530 department's warehouse.

531 (11) [Through June 30, 2026] This section shall not apply

532 to alcoholic beverages authorized to be sold by the holder of a

533 distillery retailer's permit or a festival wine permit.

534 (11) [From and after July 1, 2026] This section shall not

535 apply to alcoholic beverages authorized to be sold by the holder

536 of a distillery retailer's permit.

537 (12) (a) An individual resident of this state who is at

538 least twenty-one (21) years of age may purchase wine from a winery

539 and have the purchase shipped into this state so long as it is

540 shipped to a package retailer permittee in Mississippi; however,

541 the permittee shall pay to the department all taxes, fees and

542 surcharges on the wine that are imposed upon the sale of wine

543 shipped by the department or its warehouse operator. No credit

544 shall be provided to the permittee for any taxes paid to another

545 state as a result of the transaction. Package retailers may

546 charge a service fee for receiving and handling shipments from

547 wineries on behalf of the purchasers. The department shall

548 develop and provide forms to be completed by the package retailer

549 permittees verifying the transaction. The completed forms shall

550 be forwarded to the department within a period of time prescribed

551 by the department.

552 (b) The purchaser of wine that is to be shipped to a

553 package retailer's store shall be required to get the prior

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554 approval of the package retailer before any wine is shipped to the

555 package retailer. A purchaser is limited to no more than ten (10)

556 cases of wine per year to be shipped to a package retailer. A

557 package retailer shall notify a purchaser of wine within two (2)

558 days after receiving the shipment of wine. If the purchaser of

559 the wine does not pick up or take the wine from the package

560 retailer within thirty (30) days after being notified by the

561 package retailer, the package retailer may sell the wine as part

562 of his inventory.

563 (c) Shipments of wine into this state under this

564 section shall be made by a duly licensed carrier. It shall be the

565 duty of every common or contract carrier, and of every firm or

566 corporation that shall bring, carry or transport wine from outside

567 the state for delivery inside the state to package retailer

568 permittees on behalf of consumers, to prepare and file with the

569 department, on a schedule as determined by the department, of

570 known wine shipments containing the name of the common or contract
571 carrier, firm or corporation making the report, the period of time

572 covered by said report, the name and permit number of the winery,

573 the name and permit number of the package retailer permittee

574 receiving such wine, the weight of the package delivered to each

575 package retailer permittee, a unique tracking number, and the date

576 of delivery. Reports received by the department shall be made

577 available by the department to the public via the Mississippi

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578 Public Records Act process in the same manner as other state

579 alcohol filings.

580 Upon the department's request, any records supporting the

581 report shall be made available to the department within a

582 reasonable time after the department makes a written request for

583 such records. Any records containing information relating to such

584 reports shall be kept and preserved for a period of two (2) years,

585 unless their destruction sooner is authorized, in writing, by the

586 department, and shall be open and available to inspection by the

587 department upon the department's written request. Reports shall

588 also be made available to any law enforcement or regulatory body

589 in the state in which the railroad company, express company,

590 common or contract carrier making the report resides or does

591 business.

592 Any common or contract carrier that willfully fails to make

593 reports, as provided by this section or any of the rules and

594 regulations of the department for the administration and

595 enforcement of this section, is subject to a notification of

596 violation. In the case of a continuing failure to make reports,

597 the common or contract carrier is subject to possible license

598 suspension and revocation at the department's discretion.

599 (d) A winery that ships wine under this section shall

600 be deemed to have consented to the jurisdiction of the courts of

601 this state, of the department, of any other state agency regarding

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602 the enforcement of this section, and of any related law, rules or

603 regulations.

604 (e) Any person who makes, participates in, transports,

605 imports or receives a shipment in violation of this section is

606 guilty of a misdemeanor and, upon conviction thereof, shall be

607 punished by a fine of One Thousand Dollars ($1,000.00) or

608 imprisonment in the county jail for not more than six (6) months,

609 or both. Each shipment shall constitute a separate offense.

610 (13) If any provision of this article, or its application to

611 any person or circumstance, is determined by a court to be invalid

612 or unconstitutional, the remaining provisions shall be construed

613 in accordance with the intent of the Legislature to further limit

614 rather than expand commerce in alcoholic beverages to protect the

615 health, safety, and welfare of the state's residents, and to

616 enhance strict regulatory control over taxation, distribution and

617 sale of alcoholic beverages through the three-tier regulatory

618 system imposed by this article upon all alcoholic beverages to

619 curb relationships and practices calculated to stimulate sales and

620 impair the state's policy favoring trade stability and the

621 promotion of temperance.

622 SECTION 15. Section 67-1-45, Mississippi Code of 1972, is

623 amended as follows:

624 67-1-45. No manufacturer, rectifier or distiller of

625 alcoholic beverages shall sell or attempt to sell any such

626 alcoholic beverages, except malt liquor, within the State of

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627 Mississippi, except to the department, or as provided in Section

628 67-1-41, or pursuant to Section 67-1-51. A producer of native

629 wine or native spirit may sell native wines or native spirits,

630 respectively, to the department or to consumers at the location of

631 the native winery or native distillery or its immediate vicinity.

632 The holder of a direct wine shipper's permit may sell wines

633 directly to residents in this state as authorized by Sections 1

634 through 9 of this act.

635 Any violation of this section by any manufacturer, rectifier

636 or distiller shall be punished by a fine of not less than Five

637 Hundred Dollars ($500.00), and not more than Two Thousand Dollars

638 ($2,000.00), to which may be added imprisonment in the county jail

639 not to exceed six (6) months.

640 SECTION 16. Section 67-1-51, Mississippi Code of 1972, is

641 amended as follows:

642 67-1-51. (1) Permits which may be issued by the department

643 shall be as follows:

644 (a) Manufacturer's permit. A manufacturer's permit

645 shall permit the manufacture, importation in bulk, bottling and

646 storage of alcoholic liquor and its distribution and sale to

647 manufacturers holding permits under this article in this state and

648 to persons outside the state who are authorized by law to purchase

649 the same, and to sell as provided by this article.

650 Manufacturer's permits shall be of the following classes:

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651 Class 1. Distiller's and/or rectifier's permit, which shall

652 authorize the holder thereof to operate a distillery for the

653 production of distilled spirits by distillation or redistillation

654 and/or to operate a rectifying plant for the purifying, refining,

655 mixing, blending, flavoring or reducing in proof of distilled

656 spirits and alcohol.

657 Class 2. Wine manufacturer's permit, which shall authorize

658 the holder thereof to manufacture, import in bulk, bottle and

659 store wine or vinous liquor.

660 Class 3. Native wine producer's permit, which shall

661 authorize the holder thereof to produce, bottle, store and sell

662 native wines.

663 Class 4. Native spirit producer's permit, which shall

664 authorize the holder thereof to produce, bottle, store and sell

665 native spirits.

666 (b) Package retailer's permit. Except as otherwise

667 provided in this paragraph and Section 67-1-52, a package

668 retailer's permit shall authorize the holder thereof to operate a

669 store exclusively for the sale at retail in original sealed and

670 unopened packages of alcoholic beverages, including native wines,

671 native spirits and edibles, not to be consumed on the premises

672 where sold. Alcoholic beverages shall not be sold by any retailer

673 in any package or container containing less than fifty (50)

674 milliliters by liquid measure. A package retailer's permit, with

675 prior approval from the department, shall authorize the holder

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676 thereof to sample new product furnished by a manufacturer's

677 representative or his employees at the permitted place of business

678 so long as the sampling otherwise complies with this article and

679 applicable department regulations. Such samples may not be

680 provided to customers at the permitted place of business. In

681 addition to the sale at retail of packages of alcoholic beverages,

682 the holder of a package retailer's permit is authorized to sell at

683 retail corkscrews, wine glasses, soft drinks, ice, juices, mixers,

684 other beverages commonly used to mix with alcoholic beverages, and

685 fruits and foods that have been submerged in alcohol and are

686 commonly referred to as edibles. Nonalcoholic beverages sold by

687 the holder of a package retailer's permit shall not be consumed on

688 the premises where sold.

689 (c) On-premises retailer's permit. Except as otherwise

690 provided in subsection (5) of this section, an on-premises

691 retailer's permit shall authorize the sale of alcoholic beverages,

692 including native wines and native spirits, for consumption on the
693 licensed premises only; however, a patron of the permit holder may

694 remove one (1) bottle of wine from the licensed premises if: (i)

695 the patron consumed a portion of the bottle of wine in the course

696 of consuming a meal purchased on the licensed premises; (ii) the

697 permit holder securely reseals the bottle; (iii) the bottle is

698 placed in a bag that is secured in a manner so that it will be

699 visibly apparent if the bag is opened; and (iv) a dated receipt
700 for the wine and the meal is available. Additionally, as part of

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701 a carryout order, a permit holder may sell one (1) bottle of wine

702 to be removed from the licensed premises for every two (2) entrees

703 ordered. In addition, an on-premises retailer's permittee at a

704 permitted premises located on Jefferson Davis Avenue within

705 one-half (1/2) mile north of U.S. Highway 90 may serve alcoholic

706 beverages by the glass to a patron in a vehicle using a

707 drive-through method of delivery if the permitted premises is

708 located in a leisure and recreation district established under

709 Section 67-1-101. Such a sale will be considered to be made on

710 the permitted premises. An on-premises retailer's permit shall be

711 issued only to qualified hotels, restaurants and clubs, small

712 craft breweries, microbreweries, and to common carriers with

713 adequate facilities for serving passengers. In resort areas,

714 however, whether inside or outside of a municipality, the

715 department, in its discretion, may issue on-premises retailer's

716 permits to any establishments located therein as it deems proper.

717 An on-premises retailer's permit when issued to a common carrier

718 shall authorize the sale and serving of alcoholic beverages aboard

719 any licensed vehicle while moving through any county of the state;

720 however, the sale of such alcoholic beverages shall not be

721 permitted while such vehicle is stopped in a county that has not

722 legalized such sales. If an on-premises retailer's permit is

723 applied for by a common carrier operating solely in the water,

724 such common carrier must, along with all other qualifications for
725 a permit, (i) be certified to carry at least one hundred fifty

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726 (150) passengers and/or provide overnight accommodations for at

727 least fifty (50) passengers and (ii) operate primarily in the

728 waters within the State of Mississippi which lie adjacent to the

729 State of Mississippi south of the three (3) most southern counties

730 in the State of Mississippi and/or on the Mississippi River or

731 navigable waters within any county bordering on the Mississippi

732 River.

733 (d) Solicitor's permit. A solicitor's permit shall

734 authorize the holder thereof to act as salesman for a manufacturer

735 or wholesaler holding a proper permit, to solicit on behalf of his

736 employer orders for alcoholic beverages, and to otherwise promote

737 his employer's products in a legitimate manner. Such a permit

738 shall authorize the representation of and employment by one (1)

739 principal only. However, the permittee may also, in the

740 discretion of the department, be issued additional permits to

741 represent other principals. No such permittee shall buy or sell

742 alcoholic beverages for his own account, and no such beverage
743 shall be brought into this state in pursuance of the exercise of

744 such permit otherwise than through a permit issued to a wholesaler

745 or manufacturer in the state.

746 (e) Native wine retailer's permit. Except as otherwise

747 provided in subsection (5) of this section, a native wine

748 retailer's permit shall be issued only to a holder of a Class 3

749 manufacturer's permit, and shall authorize the holder thereof to

750 make retail sales of native wines to consumers for on-premises

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751 consumption or to consumers in originally sealed and unopened

752 containers at an establishment located on the premises of or in

753 the immediate vicinity of a native winery. When selling to

754 consumers for on-premises consumption, a holder of a native wine

755 retailer's permit may add to the native wine alcoholic beverages

756 not produced on the premises, so long as the total volume of

757 foreign beverage components does not exceed twenty percent (20%)

758 of the mixed beverage. Hours of sale shall be the same as those

759 authorized for on-premises permittees in the city or county in

760 which the native wine retailer is located.

761 (f) Temporary retailer's permit. Except as otherwise

762 provided in subsection (5) of this section, a temporary retailer's

763 permit shall permit the purchase and resale of alcoholic

764 beverages, including native wines and native spirits, during legal

765 hours on the premises described in the temporary permit only.

766 Temporary retailer's permits shall be of the following

767 classes:
768 Class 1. A temporary one-day permit may be issued to bona

769 fide nonprofit civic or charitable organizations authorizing the

770 sale of alcoholic beverages, including native wine and native

771 spirit, for consumption on the premises described in the temporary

772 permit only. Class 1 permits may be issued only to applicants

773 demonstrating to the department, by a statement signed under

774 penalty of perjury submitted ten (10) days prior to the proposed
775 date or such other time as the department may determine, that they

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776 meet the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2)

777 and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59.

778 Class 1 permittees shall obtain all alcoholic beverages from

779 package retailers located in the county in which the temporary

780 permit is issued. Alcoholic beverages remaining in stock upon

781 expiration of the temporary permit may be returned by the

782 permittee to the package retailer for a refund of the purchase

783 price upon consent of the package retailer or may be kept by the

784 permittee exclusively for personal use and consumption, subject to

785 all laws pertaining to the illegal sale and possession of

786 alcoholic beverages. The department, following review of the

787 statement provided by the applicant and the requirements of the

788 applicable statutes and regulations, may issue the permit.

789 Class 2. A temporary permit, not to exceed seventy (70)

790 days, may be issued to prospective permittees seeking to transfer

791 a permit authorized in paragraph (c) of this subsection. A Class

792 2 permit may be issued only to applicants demonstrating to the

793 department, by a statement signed under the penalty of perjury,

794 that they meet the qualifications of Sections 67-1-5(l), (m), (n),

795 (o), (p) or (q), 67-1-37, 67-1-51(2) and (3), 67-1-55, 67-1-57 and

796 67-1-59. The department, following a preliminary review of the

797 statement provided by the applicant and the requirements of the

798 applicable statutes and regulations, may issue the permit.

799 Class 2 temporary permittees must purchase their alcoholic

800 beverages directly from the department or, with approval of the

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801 department, purchase the remaining stock of the previous

802 permittee. If the proposed applicant of a Class 1 or Class 2

803 temporary permit falsifies information contained in the

804 application or statement, the applicant shall never again be

805 eligible for a retail alcohol beverage permit and shall be subject

806 to prosecution for perjury.

807 Class 3. A temporary one-day permit may be issued to a

808 retail establishment authorizing the complimentary distribution of

809 wine, including native wine, to patrons of the retail

810 establishment at an open house or promotional event, for

811 consumption only on the premises described in the temporary

812 permit. A Class 3 permit may be issued only to an applicant

813 demonstrating to the department, by a statement signed under

814 penalty of perjury submitted ten (10) days before the proposed

815 date or such other time as the department may determine, that it

816 meets the qualifications of Sections 67-1-11, 67-1-37, 67-1-51(2)

817 and (3), 67-1-55, 67-1-57 (excluding paragraph (e)) and 67-1-59.
818 A Class 3 permit holder shall obtain all alcoholic beverages from

819 the holder(s) of a package retailer's permit located in the county

820 in which the temporary permit is issued. Wine remaining in stock

821 upon expiration of the temporary permit may be returned by the

822 Class 3 temporary permit holder to the package retailer for a

823 refund of the purchase price, with consent of the package

824 retailer, or may be kept by the Class 3 temporary permit holder

825 exclusively for personal use and consumption, subject to all laws

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826 pertaining to the illegal sale and possession of alcoholic

827 beverages. The department, following review of the statement

828 provided by the applicant and the requirements of the applicable

829 statutes and regulations, may issue the permit. No retailer may

830 receive more than twelve (12) Class 3 temporary permits in a

831 calendar year. A Class 3 temporary permit shall not be issued to

832 a retail establishment that either holds a merchant permit issued

833 under paragraph (l) of this subsection, or holds a permit issued

834 under Chapter 3, Title 67, Mississippi Code of 1972, authorizing

835 the holder to engage in the business of a retailer of light wine

836 or beer.

837 (g) Caterer's permit. A caterer's permit shall permit

838 the purchase of alcoholic beverages by a person engaging in

839 business as a caterer and the resale of alcoholic beverages by

840 such person in conjunction with such catering business. No person

841 shall qualify as a caterer unless forty percent (40%) or more of

842 the revenue derived from such catering business shall be from the
843 serving of prepared food and not from the sale of alcoholic

844 beverages and unless such person has obtained a permit for such

845 business from the Department of Health. A caterer's permit shall

846 not authorize the sale of alcoholic beverages on the premises of

847 the person engaging in business as a caterer; however, the holder

848 of an on-premises retailer's permit may hold a caterer's permit.

849 When the holder of an on-premises retailer's permit or an

850 affiliated entity of the holder also holds a caterer's permit, the

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851 caterer's permit shall not authorize the service of alcoholic

852 beverages on a consistent, recurring basis at a separate, fixed

853 location owned or operated by the caterer, on-premises retailer or

854 affiliated entity and an on-premises retailer's permit shall be

855 required for the separate location. All sales of alcoholic

856 beverages by holders of a caterer's permit shall be made at the

857 location being catered by the caterer, and, except as otherwise

858 provided in subsection (5) of this section, such sales may be made

859 only for consumption at the catered location. The location being

860 catered may be anywhere within a county or judicial district that

861 has voted to come out from under the dry laws or in which the sale

862 and distribution of alcoholic beverages is otherwise authorized by

863 law. Such sales shall be made pursuant to any other conditions

864 and restrictions which apply to sales made by on-premises retail

865 permittees. The holder of a caterer's permit or his employees

866 shall remain at the catered location as long as alcoholic

867 beverages are being sold pursuant to the permit issued under this
868 paragraph (g), and the permittee shall have at the location the

869 identification card issued by the * * * division * * *. No unsold

870 alcoholic beverages may be left at the catered location by the

871 permittee upon the conclusion of his business at that location.

872 Appropriate law enforcement officers and * * * division personnel

873 may enter a catered location on private property in order to

874 enforce laws governing the sale or serving of alcoholic beverages.

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875 (h) Research permit. A research permit shall authorize

876 the holder thereof to operate a research facility for the

877 professional research of alcoholic beverages. Such permit shall

878 authorize the holder of the permit to import and purchase limited

879 amounts of alcoholic beverages from the department or from

880 importers, wineries and distillers of alcoholic beverages for

881 professional research.

882 (i) Alcohol processing permit. An alcohol processing

883 permit shall authorize the holder thereof to purchase, transport

884 and possess alcoholic beverages for the exclusive use in cooking,

885 processing or manufacturing products which contain alcoholic

886 beverages as an integral ingredient. An alcohol processing permit

887 shall not authorize the sale of alcoholic beverages on the

888 premises of the person engaging in the business of cooking,

889 processing or manufacturing products which contain alcoholic

890 beverages. The amounts of alcoholic beverages allowed under an

891 alcohol processing permit shall be set by the department.

892 (j) Hospitality cart permit. A hospitality cart permit

893 shall authorize the sale of alcoholic beverages from a mobile cart

894 on a golf course that is the holder of an on-premises retailer's

895 permit. The alcoholic beverages sold from the cart must be

896 consumed within the boundaries of the golf course.

897 (k) Special service permit. A special service permit

898 shall authorize the holder to sell commercially sealed alcoholic

899 beverages to the operator of a commercial or private aircraft for

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900 en route consumption only by passengers. A special service permit

901 shall be issued only to a fixed-base operator who contracts with

902 an airport facility to provide fueling and other associated

903 services to commercial and private aircraft.

904 (l) Merchant permit. Except as otherwise provided in

905 subsection (5) of this section, a merchant permit shall be issued

906 only to the owner of a spa facility, an art studio or gallery, or

907 a cooking school, and shall authorize the holder to serve

908 complimentary by the glass wine only, including native wine, at

909 the holder's spa facility, art studio or gallery, or cooking

910 school. A merchant permit holder shall obtain all wine from the

911 holder of a package retailer's permit.

912 (m) Temporary alcoholic beverages charitable auction

913 permit. A temporary permit, not to exceed five (5) days, may be

914 issued to a qualifying charitable nonprofit organization that is

915 exempt from taxation under Section 501(c)(3) or (4) of the

916 Internal Revenue Code of 1986. The permit shall authorize the
917 holder to sell alcoholic beverages for the limited purpose of

918 raising funds for the organization during a live or silent auction

919 that is conducted by the organization and that meets the following

920 requirements: (i) the auction is conducted in an area of the

921 state where the sale of alcoholic beverages is authorized; (ii) if

922 the auction is conducted on the premises of an on-premises

923 retailer's permit holder, then the alcoholic beverages to be

924 auctioned must be stored separately from the alcoholic beverages

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925 sold, stored or served on the premises, must be removed from the

926 premises immediately following the auction, and may not be

927 consumed on the premises; (iii) the permit holder may not conduct

928 more than two (2) auctions during a calendar year; (iv) the permit

929 holder may not pay a commission or promotional fee to any person

930 to arrange or conduct the auction.

931 (n) Event venue retailer's permit. An event venue

932 retailer's permit shall authorize the holder thereof to purchase

933 and resell alcoholic beverages, including native wines and native

934 spirits, for consumption on the premises during legal hours during

935 events held on the licensed premises if food is being served at

936 the event by a caterer who is not affiliated with or related to

937 the permittee. The caterer must serve at least three (3) entrees.

938 The permit may only be issued for venues that can accommodate two

939 hundred (200) persons or more. The number of persons a venue may

940 accommodate shall be determined by the local fire department and

941 such determination shall be provided in writing and submitted

942 along with all other documents required to be provided for an

943 on-premises retailer's permit. The permittee must derive the

944 majority of its revenue from event-related fees, including, but

945 not limited to, admission fees or ticket sales for live

946 entertainment in the building. "Event-related fees" do not

947 include alcohol, beer or light wine sales or any fee which may be

948 construed to cover the cost of alcohol, beer or light wine. This

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949 determination shall be made on a per event basis. An event may

950 not last longer than two (2) consecutive days per week.

951 (o) Temporary theatre permit. A temporary theatre

952 permit, not to exceed five (5) days, may be issued to a charitable

953 nonprofit organization that is exempt from taxation under Section

954 501(c)(3) or (4) of the Internal Revenue Code and owns or operates

955 a theatre facility that features plays and other theatrical

956 performances and productions. Except as otherwise provided in

957 subsection (5) of this section, the permit shall authorize the

958 holder to sell alcoholic beverages, including native wines and

959 native spirits, to patrons of the theatre during performances and

960 productions at the theatre facility for consumption during such

961 performances and productions on the premises of the facility

962 described in the permit. A temporary theatre permit holder shall

963 obtain all alcoholic beverages from package retailers located in

964 the county in which the permit is issued. Alcoholic beverages

965 remaining in stock upon expiration of the temporary theatre permit

966 may be returned by the permittee to the package retailer for a

967 refund of the purchase price upon consent of the package retailer

968 or may be kept by the permittee exclusively for personal use and

969 consumption, subject to all laws pertaining to the illegal sale

970 and possession of alcoholic beverages.

971 (p) Charter ship operator's permit. Subject to the

972 provisions of this paragraph (p), a charter ship operator's permit

973 shall authorize the holder thereof and its employees to serve,

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974 monitor, store and otherwise control the serving and availability

975 of alcoholic beverages to customers of the permit holder during

976 private charters under contract provided by the permit holder. A

977 charter ship operator's permit shall authorize such action by the

978 permit holder and its employees only as to alcoholic beverages

979 brought onto the permit holder's ship by customers of the permit

980 holder as part of such a private charter. All such alcoholic

981 beverages must be removed from the charter ship at the conclusion

982 of each private charter. A charter ship operator's permit shall

983 not authorize the permit holder to sell, charge for or otherwise

984 supply alcoholic beverages to customers, except as authorized in

985 this paragraph (p). For the purposes of this paragraph (p),

986 "charter ship operator" means a common carrier that (i) is

987 certified to carry at least one hundred fifty (150) passengers

988 and/or provide overnight accommodations for at least fifty (50)

989 passengers, (ii) operates only in the waters within the State of

990 Mississippi, which lie adjacent to the State of Mississippi south

991 of the three (3) most southern counties in the State of

992 Mississippi, and (iii) provides charters under contract for tours

993 and trips in such waters.

994 (q) Distillery retailer's permit. The holder of a

995 Class 1 manufacturer's permit may obtain a distillery retailer's

996 permit. A distillery retailer's permit shall authorize the holder

997 thereof to sell at retail alcoholic beverages to consumers for

998 on-premises consumption, or to consumers by the sealed and

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999 unopened bottle from a retail location at the distillery for

1000 off-premises consumption. The holder may only sell product

1001 manufactured by the manufacturer at the distillery described in

1002 the permit. However, when selling to consumers for on-premises

1003 consumption, a holder of a distillery retailer's permit may add

1004 other beverages, alcoholic or not, so long as the total volume of

1005 other beverage components containing alcohol does not exceed

1006 twenty percent (20%). Hours of sale shall be the same as those

1007 authorized for on-premises permittees in the city or county in

1008 which the distillery retailer is located.

1009 The holder shall not sell at retail more than ten percent

1010 (10%) of the alcoholic beverages produced annually at its

1011 distillery. The holder shall not make retail sales of more than

1012 two and twenty-five one-hundredths (2.25) liters, in the

1013 aggregate, of the alcoholic beverages produced at its distillery

1014 to any one (1) individual for consumption off the premises of the

1015 distillery within a twenty-four-hour period. The hours of sale

1016 shall be the same as those hours for package retailers under this

1017 article. The holder of a distillery retailer's permit is not

1018 required to purchase the alcoholic beverages authorized to be sold

1019 by this paragraph from the department's liquor distribution

1020 warehouse; however, if the holder does not purchase the alcoholic

1021 beverages from the department's liquor distribution warehouse, the

1022 holder shall pay to the department all taxes, fees and surcharges
1023 on the alcoholic beverages that are imposed upon the sale of

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1024 alcoholic beverages shipped by the department or its warehouse

1025 operator. In addition to alcoholic beverages, the holder of a

1026 distillery retailer's permit may sell at retail promotional

1027 products from the same retail location, including shirts, hats,

1028 glasses, and other promotional products customarily sold by

1029 alcoholic beverage manufacturers.

1030 (r) Festival wine permit. Any wine manufacturer or

1031 native wine producer permitted by Mississippi or any other state

1032 is eligible to obtain a Festival Wine Permit. This permit

1033 authorizes the entity to transport product manufactured by it to

1034 festivals held within the State of Mississippi and sell sealed,

1035 unopened bottles to festival participants. The holder of this

1036 permit may provide samples at no charge to participants.

1037 "Festival" means any event at which three (3) or more vendors are

1038 present at a location for the sale or distribution of goods. The

1039 holder of a Festival Wine Permit is not required to purchase the

1040 alcoholic beverages authorized to be sold by this paragraph from

1041 the department's liquor distribution warehouse. However, if the

1042 holder does not purchase the alcoholic beverages from the

1043 department's liquor distribution warehouse, the holder of this

1044 permit shall pay to the department all taxes, fees and surcharges

1045 on the alcoholic beverages sold at such festivals that are imposed

1046 upon the sale of alcoholic beverages shipped by the * * *

1047 division * * *. Additionally, the entity shall file all

1048 applicable reports and returns as prescribed by the department.

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1049 This permit is issued per festival and provides authority to sell

1050 for two (2) consecutive days during the hours authorized for

1051 on-premises permittees' sales in that county or city. The holder

1052 of the permit shall be required to maintain all requirements set

1053 by Local Option Law for the service and sale of alcoholic

1054 beverages. This permit may be issued to entities participating in

1055 festivals at which a Class 1 temporary permit is in effect.

1056 This paragraph (r) shall stand repealed from and after July

1057 1, 2026.

1058 (s) Charter vessel operator's permit. Subject to the

1059 provisions of this paragraph (s), a charter vessel operator's

1060 permit shall authorize the holder thereof and its employees to

1061 sell and serve alcoholic beverages to passengers of the permit

1062 holder during public tours, historical tours, ecological tours and

1063 sunset cruises provided by the permit holder. The permit shall

1064 authorize the holder to only sell alcoholic beverages, including

1065 native wines, to passengers of the charter vessel operator during

1066 public tours, historical tours, ecological tours and sunset

1067 cruises provided by the permit holder aboard the charter vessel

1068 operator for consumption during such tours and cruises on the

1069 premises of the charter vessel operator described in the permit.

1070 For the purposes of this paragraph (s), "charter vessel operator"

1071 means a common carrier that (i) is certified to carry at least

1072 forty-nine (49) passengers, (ii) operates only in the waters

1073 within the State of Mississippi, which lie south of Interstate 10

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1074 in the three (3) most southern counties in the State of

1075 Mississippi, and lie adjacent to the State of Mississippi south of

1076 the three (3) most southern counties in the State of Mississippi,

1077 extending not further than one (1) mile south of such counties,

1078 and (iii) provides vessel services for tours and cruises in such

1079 waters as provided in this paragraph(s).

1080 (t) Native spirit retailer's permit. Except as

1081 otherwise provided in subsection (5) of this section, a native

1082 spirit retailer's permit shall be issued only to a holder of a

1083 Class 4 manufacturer's permit, and shall authorize the holder

1084 thereof to make retail sales of native spirits to consumers for

1085 on-premises consumption or to consumers in originally sealed and

1086 unopened containers at an establishment located on the premises of

1087 or in the immediate vicinity of a native distillery. When selling

1088 to consumers for on-premises consumption, a holder of a native

1089 spirit retailer's permit may add to the native spirit alcoholic

1090 beverages not produced on the premises, so long as the total

1091 volume of foreign beverage components does not exceed twenty

1092 percent (20%) of the mixed beverage. Hours of sale shall be the

1093 same as those authorized for on-premises permittees in the city or

1094 county in which the native spirit retailer is located.

1095 (u) Delivery service permit. Any individual, limited

1096 liability company, corporation or partnership registered to do

1097 business in this state is eligible to obtain a delivery service

1098 permit. Subject to the provisions of Section 67-1-51.1, this

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1099 permit authorizes the permittee, or its employee or an independent

1100 contractor acting on its behalf, to deliver alcoholic beverages,

1101 beer, light wine and light spirit product from a licensed retailer

1102 to a person in this state who is at least twenty-one (21) years of

1103 age for the individual's use and not for resale. This permit does

1104 not authorize the delivery of alcoholic beverages, beer, light

1105 wine or light spirit product to the premises of a location with a

1106 permit for the manufacture, distribution or retail sale of

1107 alcoholic beverages, beer, light wine or light spirit product.

1108 The holder of a package retailer's permit or an on-premises

1109 retailer's permit under Section 67-1-51 or of a beer, light wine

1110 and light spirit product permit under Section 67-3-19 is

1111 authorized to apply for a delivery service permit as a privilege

1112 separate from its existing retail permit.

1113 (v) Food truck permit. A food truck permit shall

1114 authorize the holder of an on-premises retailer's permit to use a

1115 food truck to sell alcoholic beverages off its premises to guests
1116 who must consume the beverages in open containers. For the

1117 purposes of this paragraph (v), "food truck" means a fully encased

1118 food service establishment on a motor vehicle or on a trailer that

1119 a motor vehicle pulls to transport, and from which a vendor,

1120 standing within the frame of the establishment, prepares, cooks,

1121 sells and serves food for immediate human consumption. The term

1122 "food truck" does not include a food cart that is not motorized.
1123 Food trucks shall maintain such distance requirements from

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1124 schools, churches, kindergartens and funeral homes as are required

1125 for on-premises retailer's permittees under this article, and all

1126 sales must be made within a valid leisure and recreation district

1127 established under Section 67-1-101. Food trucks cannot sell or

1128 serve alcoholic beverages unless also offering food prepared and

1129 cooked within the food truck, and permittees must maintain a

1130 twenty-five percent (25%) food sale revenue requirement based on

1131 the food sold from the food truck alone. The hours allowed for

1132 sale shall be the same as those for on-premises retailer's

1133 permittees in the location. This permit will not be required for

1134 the holder of a caterer's permit issued under this article to

1135 cater an event as allowed by law. Permittees must provide notice

1136 of not less than forty-eight (48) hours to the department of each

1137 location at which alcoholic beverages will be sold.

1138 (w) On-premises tobacco permit. An on-premises tobacco

1139 permit shall authorize the permittee to sell alcoholic beverages

1140 for consumption on the licensed premises. In addition to all

1141 other requirements to obtain an alcoholic beverage permit, the

1142 permittee must obtain and maintain a tobacco permit issued by the

1143 State of Mississippi, and have a capital investment of not less

1144 than Five Hundred Thousand Dollars ($500,000.00) in the premises

1145 for which the permit is issued. In addition to alcoholic

1146 beverages, the permittee is authorized to sell only cigars,

1147 cheroots, tobacco pipes, pipe tobacco, and/or stogies.

1148 Additionally, seventy-five percent (75%) of the permittee's annual

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1149 gross revenue must be derived from the sale of cigars, cheroots,

1150 tobacco pipes, pipe tobacco, and/or stogies. No food sales shall

1151 be required, but food may be sold on the premises. The issuance

1152 of this permit does not remove any obligation a permittee may have

1153 to follow local ordinances or actions prohibiting the use of

1154 tobacco products.

1155 (x) Direct wine shipper's permit. A direct wine

1156 shipper's permit shall authorize the holder to sell and ship a

1157 limited amount of wine directly to residents in this state in

1158 accordance with the provisions of Sections 1 through 9 of this

1159 act, without being required to transact the sale and shipment of

1160 those wines through the division.

1161 (y) Wine fulfillment provider's permit. A wine

1162 fulfillment provider's permit authorizes a fulfillment provider,

1163 as defined in Section 1 of this act, to ship wine to a consumer on

1164 behalf of a holder of a direct wine shipper's permit.

1165 (2) Except as otherwise provided in subsection (4) of this

1166 section, retail permittees may hold more than one (1) retail

1167 permit, at the discretion of the department.

1168 (3) (a) Except as otherwise provided in this subsection, no

1169 authority shall be granted to any person to manufacture, sell or

1170 store for sale any intoxicating liquor as specified in this

1171 article within four hundred (400) feet of any church, school

1172 (excluding any community college, junior college, college or

1173 university), kindergarten or funeral home. However, within an

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1174 area zoned commercial or business, such minimum distance shall be

1175 not less than one hundred (100) feet.

1176 (b) A church or funeral home may waive the distance

1177 restrictions imposed in this subsection in favor of allowing

1178 issuance by the department of a permit, pursuant to subsection (1)

1179 of this section, to authorize activity relating to the

1180 manufacturing, sale or storage of alcoholic beverages which would

1181 otherwise be prohibited under the minimum distance criterion.

1182 Such waiver shall be in written form from the owner, the governing

1183 body, or the appropriate officer of the church or funeral home

1184 having the authority to execute such a waiver, and the waiver

1185 shall be filed with and verified by the department before becoming

1186 effective.

1187 (c) The distance restrictions imposed in this

1188 subsection shall not apply to the sale or storage of alcoholic

1189 beverages at a bed and breakfast inn listed in the National

1190 Register of Historic Places or to the sale or storage of alcoholic

1191 beverages in a historic district that is listed in the National

1192 Register of Historic Places, is a qualified resort area and is

1193 located in a municipality having a population greater than one

1194 hundred thousand (100,000) according to the latest federal

1195 decennial census.

1196 (d) The distance restrictions imposed in this

1197 subsection shall not apply to the sale or storage of alcoholic

1198 beverages at a qualified resort area as defined in Section

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1199 67-1-5(o)(iii)32.

1200 (e) The distance restrictions imposed in this

1201 subsection shall not apply to the sale or storage of alcoholic

1202 beverages at a licensed premises in a building formerly owned by a

1203 municipality and formerly leased by the municipality to a

1204 municipal school district and used by the municipal school

1205 district as a district bus shop facility.

1206 (f) The distance restrictions imposed in this

1207 subsection shall not apply to the sale or storage of alcoholic

1208 beverages at a licensed premises in a building consisting of at

1209 least five thousand (5,000) square feet and located approximately

1210 six hundred (600) feet from the intersection of Mississippi

1211 Highway 15 and Mississippi Highway 4.

1212 (g) The distance restrictions imposed in this

1213 subsection shall not apply to the sale or storage of alcoholic

1214 beverages at a licensed premises in a building located at or near

1215 the intersection of Ward and Tate Streets and adjacent properties
1216 in the City of Senatobia, Mississippi.

1217 (h) The distance restrictions imposed in this

1218 subsection shall not apply to the sale or storage of alcoholic

1219 beverages at a theatre facility that features plays and other

1220 theatrical performances and productions and (i) is capable of

1221 seating more than seven hundred fifty (750) people, (ii) is owned

1222 by a municipality which has a population greater than ten thousand

1223 (10,000) according to the latest federal decennial census, (iii)

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1224 was constructed prior to 1930, (iv) is on the National Register of

1225 Historic Places, and (v) is located in a historic district.

1226 (i) The distance restrictions imposed in this

1227 subsection shall not apply to the sale or storage of alcoholic

1228 beverages at a licensed premises in a building located

1229 approximately one and six-tenths (1.6) miles north of the

1230 intersection of Mississippi Highway 15 and Mississippi Highway 4

1231 on the west side of Mississippi Highway 15.

1232 (4) No person, either individually or as a member of a firm,

1233 partnership, limited liability company or association, or as a

1234 stockholder, officer or director in a corporation, shall own or

1235 control any interest in more than one (1) package retailer's

1236 permit, nor shall such person's spouse, if living in the same

1237 household of such person, any relative of such person, if living

1238 in the same household of such person, or any other person living

1239 in the same household with such person own any interest in any

1240 other package retailer's permit; however, in the case of a person

1241 holding a package retailer's permit issued before July 1, 2024,

1242 such a person may own one (1) additional package retailer's permit

1243 if the additional permit is issued for a premises with a minimum

1244 capital investment of Twenty Million Dollars ($20,000,000.00) that

1245 is part of a major retail development project and located in one

1246 (1) of the three (3) most southern counties in the State of

1247 Mississippi, and not within one hundred (100) miles of another

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1248 location in the State of Mississippi, for which the permittee

1249 holds such a permit.

1250 (5) (a) In addition to any other authority granted under

1251 this section, the holder of a permit issued under subsection

1252 (1)(c), (e), (f), (g), (l), (n) and/or (o) of this section may

1253 sell or otherwise provide alcoholic beverages and/or wine to a

1254 patron of the permit holder in the manner authorized in the permit

1255 and the patron may remove an open glass, cup or other container of

1256 the alcoholic beverage and/or wine from the licensed premises and

1257 may possess and consume the alcoholic beverage or wine outside of

1258 the licensed premises if: (i) the licensed premises is located

1259 within a leisure and recreation district created under Section

1260 67-1-101 and (ii) the patron remains within the boundaries of the

1261 leisure and recreation district while in possession of the

1262 alcoholic beverage or wine.

1263 (b) Nothing in this subsection shall be construed to

1264 allow a person to bring any alcoholic beverages into a permitted

1265 premises except to the extent otherwise authorized by this

1266 article.

1267 SECTION 17. Section 67-1-53, Mississippi Code of 1972, is

1268 amended as follows:

1269 67-1-53. (1) Application for permits shall be in such form

1270 and shall contain such information as shall be required by the

1271 regulations of the * * * department; however, no regulation of

1272 the * * * department shall require personal financial information

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1273 from any officer of a corporation applying for an on-premises

1274 retailer's permit to sell alcoholic beverages unless such officer

1275 owns ten percent (10%) or more of the stock of such corporation.

1276 (2) Every applicant for each type of permit authorized by

1277 Section 67-1-51 shall give notice of such application by

1278 publication for two (2) consecutive issues in a newspaper of

1279 general circulation published in the city or town in which

1280 applicant's place of business is located. However, in instances

1281 where no newspaper is published in the city or town, then the

1282 notice shall be published in a newspaper of general circulation

1283 published in the county where the applicant's business is located.

1284 If no newspaper is published in the county, the notice shall be

1285 published in a qualified newspaper which is published in the

1286 closest neighboring county and circulated in the county of

1287 applicant's residence. The notice shall be printed in ten-point

1288 black face type and shall set forth the type of permit to be

1289 applied for, the exact location of the place of business, the name
1290 of the owner or owners thereof, and if operating under an assumed

1291 name, the trade name together with the names of all owners, and if

1292 a corporation, the names and titles of all officers. The cost of

1293 such notice shall be borne by the applicant. The provisions of

1294 this subsection (2) shall not apply to applicants for a direct

1295 wine shipper's permit under Sections 1 through 9 of this act.

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1296 (3) Each application or filing made under this section shall

1297 include the social security number(s) of the applicant in

1298 accordance with Section 93-11-64, Mississippi Code of 1972.

1299 SECTION 18. Section 67-1-55, Mississippi Code of 1972, is

1300 amended as follows:

1301 67-1-55. No permit of any type shall be issued by the * * *

1302 department until the applicant has first filed with the * * *

1303 department a sworn statement disclosing all persons who are

1304 financially involved in the operation of the business for which

1305 the permit is sought. If an applicant is an individual, he will

1306 swear that he owns one hundred percent (100%) of the business for

1307 which he is seeking a permit. If the applicant is a partnership,

1308 all partners and their addresses shall be disclosed and the extent

1309 of their interest in the partnership shall be disclosed. If the

1310 applicant is a corporation, the total stock in the corporation

1311 shall be disclosed and each shareholder and his address and the

1312 amount of stock in the corporation owned by him shall be

1313 disclosed. If the applicant is a limited liability company, each

1314 member and their addresses shall be disclosed and the extent of

1315 their interest in the limited liability company shall be

1316 disclosed. If the applicant is a trust, the trustee and all

1317 beneficiaries and their addresses shall be disclosed. If the

1318 applicant is a combination of any of the above, all information

1319 required to be disclosed above shall be required.

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1320 All the disclosures shall be in writing and kept on file at

1321 the * * * department and shall be available to the public.

1322 Every applicant must, when applying for a renewal of his

1323 permit, disclose any change in the ownership of the business or

1324 any change in the beneficiaries of the income from the business.

1325 Any person who willfully fails to fully disclose the

1326 information required by this section, or who gives false

1327 information, shall be guilty of a misdemeanor and, upon conviction

1328 thereof, shall be fined a sum not to exceed Five Hundred Dollars

1329 ($500.00) or imprisoned for not more than one (1) year, or both,

1330 and the person or applicant shall never again be eligible for any

1331 permit pertaining to alcoholic beverages.

1332 The provisions of this section shall not apply to persons

1333 applying for a direct wine shipper's permit under Sections 1

1334 through 9 of this act.

1335 SECTION 19. Section 67-1-57, Mississippi Code of 1972, is

1336 amended as follows:

1337 67-1-57. Before a permit is issued the department shall

1338 satisfy itself:

1339 (a) That the applicant, if an individual, or if a

1340 partnership, each of the members of the partnership, or if a

1341 corporation, each of its principal officers and directors, or if a

1342 limited liability company, each member of the limited liability

1343 company, is of good moral character and, in addition, enjoys a

1344 reputation of being a peaceable, law-abiding citizen of the

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1345 community in which he resides, and is generally fit for the trust

1346 to be reposed in him, is not less than twenty-one (21) years of

1347 age, and has not been convicted of a felony in any state or

1348 federal court.

1349 (b) That, except in the case of an application for a

1350 solicitor's permit, the applicant is the true and actual owner of

1351 the business for which the permit is desired, and that he intends

1352 to carry on the business authorized for himself and not as the

1353 agent of any other person, and that he intends to superintend in

1354 person the management of the business or that he will designate a

1355 manager to manage the business for him. Except for managers

1356 employed by the holder of a direct wine shipper's permit, all

1357 managers must be approved by the department prior to completing

1358 any managerial tasks on behalf of the permittee and must possess

1359 all of the qualifications required of a permittee; however, a

1360 felony conviction, other than a crime of violence, does not

1361 automatically disqualify a person from being approved as a manager

1362 if the person was released from incarceration at least three (3)

1363 years prior to application for approval as a manager. A felony

1364 conviction, other than a crime of violence, may be considered by

1365 the department in determining whether all other qualifications are

1366 met.

1367 (c) That the applicant for a package retailer's permit,

1368 if an individual, is a resident of the State of Mississippi. If

1369 the applicant is a partnership, each member of the partnership

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1370 must be a resident of the state. If the applicant is a limited

1371 liability company, each member of the limited liability company

1372 must be a resident of the state. If the applicant is a

1373 corporation, the designated manager of the corporation must be a

1374 resident of the state.

1375 (d) That the place for which the permit is to be issued

1376 is an appropriate one considering the character of the premises

1377 and the surrounding neighborhood.

1378 (e) That the place for which the permit is to be issued

1379 is within the corporate limits of an incorporated municipality or

1380 qualified resort area or club which comes within the provisions of

1381 this article.

1382 (f) That the applicant is not indebted to the state for

1383 any taxes, fees or payment of penalties imposed by any law of the

1384 State of Mississippi or by any rule or regulation of the * * *

1385 department.

1386 (g) That the applicant is not in the habit of using

1387 alcoholic beverages to excess and is not physically or mentally

1388 incapacitated, and that the applicant has the ability to read and

1389 write the English language.

1390 (h) That the * * * department does not believe and has

1391 no reason to believe that the applicant will sell or knowingly

1392 permit any agent, servant or employee to unlawfully sell liquor in

1393 a dry area or in any other manner contrary to law.

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1394 (i) That the applicant is not residentially domiciled

1395 with any person whose permit or license has been cancelled for

1396 cause within the twelve (12) months next preceding the date of the

1397 present application for a permit.

1398 (j) That the * * * department has not, in the exercise

1399 of its discretion which is reserved and preserved to it, refused

1400 to grant permits under the restrictions of this section, as well

1401 as under any other pertinent provision of this article.

1402 (k) That there are not sufficient legal reasons to deny

1403 a permit on the ground that the premises for which the permit is

1404 sought has previously been operated, used or frequented for any

1405 purpose or in any manner that is lewd, immoral or offensive to

1406 public decency. In the granting or withholding of any permit to

1407 sell alcoholic beverages at retail, the * * * department in

1408 forming its conclusions may give consideration to any

1409 recommendations made in writing by the district or county attorney

1410 or county, circuit or chancery judge of the county, or the sheriff

1411 of the county, or the mayor or chief of police of an incorporated

1412 city or town wherein the applicant proposes to conduct his

1413 business and to any recommendations made by representatives of

1414 the * * * department.

1415 (l) That the applicant and the applicant's key

1416 employees, as determined by the * * * department, do not have a

1417 disqualifying criminal record. In order to obtain a criminal

1418 record history check, the applicant shall submit to the * * *

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1419 department a set of fingerprints from any local law enforcement

1420 agency for each person for whom the records check is required.

1421 The * * * department shall forward the fingerprints to the

1422 Mississippi Department of Public Safety. If no disqualifying

1423 record is identified at the state level, the Department of Public

1424 Safety shall forward the fingerprints to the Federal Bureau of

1425 Investigation for a national criminal history record check. Costs

1426 for processing the set or sets of fingerprints shall be borne by

1427 the applicant. The department may waive the fingerprint

1428 requirement in the case of an applicant for a direct wine

1429 shipper's permit. The * * * department shall not deny employment

1430 to an employee of the applicant prior to the identification of a

1431 disqualifying record or other disqualifying information.

1432 SECTION 20. Section 67-1-73, Mississippi Code of 1972, is

1433 amended as follows:

1434 67-1-73. (1) Except as otherwise provided in subsection (3)

1435 of this section, every manufacturer, including native wine or

1436 native spirit producers, within or without the state, and every

1437 other shipper of alcoholic beverages who sells any alcoholic

1438 beverage, including native wine or native spirit, within the

1439 state, shall, at the time of making such sale, file with the

1440 department a copy of the invoice of such sale showing in detail

1441 the kind of alcoholic beverage sold, the quantities of each, the

1442 size of the container and the weight of the contents, the

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1443 alcoholic content, and the name and address of the person to whom

1444 sold.

1445 (2) Except as otherwise provided in subsection (3) of this

1446 section, every person transporting alcoholic beverages, including

1447 native wine or native spirit, within this state to a point within

1448 this state, whether such transportation originates within or

1449 without this state, shall, within five (5) days after delivery of

1450 such shipment, furnish the department a copy of the bill of lading

1451 or receipt, showing the name or consignor or consignee, date,

1452 place received, destination, and quantity of alcoholic beverages

1453 delivered. Upon failure to comply with the provisions of this

1454 section, such person shall be deemed guilty of a misdemeanor and,

1455 upon conviction thereof, shall be fined in the sum of Fifty

1456 Dollars ($50.00) for each offense.

1457 (3) Information regarding the sales, shipment, delivery and

1458 transportation of wine in this state by the holder of a direct

1459 wine shipper's permit under Sections 1 through 9 of this act shall
1460 be in such form and content as prescribed by the department.

1461 SECTION 21. Section 97-31-47, Mississippi Code of 1972, is

1462 amended as follows:

1463 97-31-47. It shall be unlawful for any transportation

1464 company, or any agent, employee, or officer of such company, or

1465 any other person, or corporation to transport into or deliver in

1466 this state in any manner or by any means any spirituous, vinous,
1467 malt, or other intoxicating liquors or drinks, or for any such

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1468 person, company, or corporation to transport any spirituous, malt,

1469 vinous, or intoxicating liquors or drinks from one place within

1470 this state to another place within the state, or from one (1)

1471 point within this state to any point without the state, except in

1472 cases where this chapter * * *, Section 67-9-1, or Sections 1

1473 through 9 of this act authorizes the transportation.

1474 SECTION 22. Section 97-31-49, Mississippi Code of 1972, is

1475 amended as follows:

1476 97-31-49. Except as otherwise provided in Sections 1 through

1477 9 of this act, it shall be unlawful for any person, firm or

1478 corporation in this state, in person, by letter, circular, or

1479 other printed or written matter, or in any other manner, to

1480 solicit or take order in this state for any liquors, bitters or

1481 drinks prohibited by the laws of this state to be sold, bartered,

1482 or otherwise disposed of. The inhibition of this section shall

1483 apply to such liquors, bitters and drinks, whether the parties

1484 intend that the same shall be shipped into this state from outside
1485 of the state, or from one (1) point in this state to another point

1486 in this state. If such order be in writing, parol evidence

1487 thereof is admissible without producing or accounting for the

1488 absence of the original; and the taking or soliciting of such

1489 orders is within the inhibition of this section, although the

1490 orders are subject to approval by some other person, and no part

1491 of the price is paid, nor any part of the goods is delivered when
1492 the order is taken.

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1493 SECTION 23. This act shall take effect and be in force from

1494 and after July 1, 2025.

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