SB 2545 — Native wines; allow sampling and sale at public events, pickup at wineries, and sale of alcoholic additives in tasting rooms.

SB2545 (As PassedSent theto Senate)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) McMahan Senate Bill 2545 (As PassedSent theto Senate)Governor) AN ACT TO AMEND SECTION 67-1-51, MISSISSIPPI CODE OF 1972, TO CREATE A FESTIVAL WINE PERMIT TO AUTHORIZE WINE MANUFACTURERS AND NATIVE WINE PRODUCERS TO TRANSPORT THEIR PRODUCTS TO FESTIVALS HELD WITHIN THE STATE, TO SELL SEALED, UNOPENED BOTTLES TO FESTIVAL PARTICIPANTS, AND TO PROVIDE FREE SAMPLES TO PARTICIPANTS;

TO PROVIDE THAT IN ADDITION TO EMPLOYEES OF A PACKAGE RETAILER, A THIRD PARTY MAY SERVE ANY PRODUCT FOR TASTING OR SAMPLING AND MAY OPEN, TOUCH AND POUR PRODUCT AS WELL AS MAKE A PRESENTATION AND ANSWER QUESTIONS;

     67-1-52.  A package retailer's permit issued under Section 67-1-51(b) shall * * *, with prior written approval from the department, be authorized to offer tastings or samplings * * * events to be conducted at the package retailer's permitted place of business during which tastes or samples of alcoholic beverages or wine may be offered or served to consumers at no cost to the consumer.  During a tasting or sampling * * * event authorized by this section, limited amounts of alcoholic beverages or wine may be consumed on the permitted place of business.  A tasting or sampling * * * event shall not authorize the sale of alcoholic beverages or wine for consumption on the permitted place of business, but shall only authorize the limited consumption of alcoholic beverages or wine at the permitted place of business for the sole purpose of tasting or sampling various alcoholic beverages or wine. * * *  A tasting or sampling event shall be conducted completely within an area that is cordoned off by barriers clearly separating the event from the point of sale of any alcoholic beverage and may last not longer than four (4) hours.  No one under twenty-one (21) years of age may participate in a tasting or sampling * * * event and a sign indicating this shall be placed in a clearly visible location at the entrance to the area where the tasting or sampling event will be conducted.  No sample may be provided to a visibly intoxicated person.  No food may be served or sold at a tasting or sampling * * * event.  Each sample of wine served * * * at the event shall not exceed one and one-fourth (1-1/4) ounces and no more than a cumulative total of five (5) ounces of wine may be dispensed to any one (1) person during a tasting or sampling * * * event.  Each sample of a distilled spirit served * * * at the event shall not exceed one-fourth (1/4) of an ounce and no more than a cumulative total of one (1) ounce of distilled spirits may be dispensed to any one (1) person during a tasting or sampling * * * event.  All product tasted or sampled * * * at the event must be provided by the package retailer from its inventory.  Such product cannot be sample product provided by a manufacturer and must have been purchased from the department warehouse or from a licensed wholesaler. wholesaler. * * * OnlyOnly  employeesEmployees of the package retailer may serve any product for tasting or sampling * * * at the event.  In addition, a third party may serve any product for tasting or sampling and may open, touch and pour product as well as make a presentation and answer questions.  The package retailer shall be responsible for all such actions by the third party.  Tickets for a tasting or sampling * * * event shall not be sold in the permitted place of business or any other location. * * *  The holder of a tasting or sampling event shall keep an accurate accounting of the various alcoholic beverages and amounts consumed at each tasting or sampling event and must provide a copy of the accounting to the department within ten (10) days of completion of the event.  The holder of a package retailer's permit may conduct not more than one (1) event in a three‑month period.

$   50.00                 (e)    (e)  Package retailer's permit, each..............

$  120.00                  (j)   (j)  Solicitor's permit, regardless of any other provision of law, solicitor's permits shall be issued only in the discretion of the department.................................................

$  150.00            (o)         (o)  Research permit.............................

          (c) (c) If If the licensee is located within a municipality, the department shall pay the amount of additional license tax collected under this section to the municipality, and if outside a municipality the department shall pay the additional license tax to the county in which the licensee is located.  Payments by the department to the respective local government subdivisions shall be made once each month for any collections during the preceding month.

              (i)(i)   AA place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, which has suitable seating facilities for guests, and which has suitable kitchen facilities connected therewith for cooking an assortment of foods and meals commonly ordered at various hours of the day;

     SECTION 9.  This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed on June 30, 2020.