HB 1087 — Alcoholic beverages; revise policy of the state regarding prohibition of possession of.

HB1087 (As PassedSent theto House)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Lamar House Bill 1087 (As PassedSent theto House)Governor) AN ACT TO AMEND SECTION 67-1-3, MISSISSIPPI CODE OF 1972, TO  RENOUNCE PROHIBITION AS THE POLICY OF THIS STATE AS TO THE POSSESSION OF ALCOHOLIC BEVERAGES;

TO AMEND SECTIONS 67-3-7, 67-3-11 AND 67-3-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE POSSESSION OF BEERBEER, LIGHT SPIRIT PRODUCT AND LIGHT WINE THROUGHOUT THE STATE;

AND FOR RELATED PURPOSES.    PURPOSES.      BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

and the provisions against such manufacture, sale, distribution, * * *possession and transportation of * * *intoxicating liquor alcoholic beverages, as contained in Chapter 31 of Title 97, Mississippi Code of 1972 and elsewhere, are hereby redeclared the law of this state.  The purpose and intent of this chapter is to vigorously enforce the prohibition laws throughout the state, except in those counties and municipalities voting themselves out from under the prohibition law in accordance with the provisions of this chapter, and, in those counties and municipalities, to require strict regulation and supervision of the manufacture, sale, distribution, * * *possession and transportation of intoxicating liquor under a system of state licensing of manufacturers, wholesalers and retailers, which licenses shall be subject to revocation for violations of this chapter.  However, from and after January 1, 2021, prohibition is renounced as to the possession of alcoholic beverages.  It shall thereafter be lawful to possess alcoholic beverages throughout the state, unless otherwise prohibited in this chapter.  Nothing herein shall be construed to make lawful the possession of alcoholic beverages with the intent to sell except as aithorizedauthorized under this chapter.

     67-3-7.  (1)  If any county, at an election held for the purpose under the election laws of the state, shall by a majority vote of the duly qualified electors voting in the election determine that the transportation, storage, sale, distribution, receipt and/or manufacture of winewine, light spirit product and beer shall not be permitted in such county, then the same shall not be permitted therein except as authorized under Section 67-9-1 and as may be otherwise authorized in this section.  An election to determine whether such transportation, storage, sale, distribution, receipt and/or manufacture of such beverages shall be excluded from any county in the state, shall, on a petition of twenty percent (20%) of the duly qualified electors of such county, be ordered by the board of supervisors of the county, for such county only.  No election on the question shall be held in any one (1) county more often than once in five (5) years.

     In counties which have elected, or may elect by a majority vote of the duly qualified electors voting in the election, that the transportation, storage, sale, distribution, receipt and/or manufacture of winewine, light spirit product or beer shall not be permitted in the county, an election may be held in the same manner as the election hereinabove provided on the question of whether or not the transportation, storage, sale, distribution, receipt and/or manufacture of said beverages shall be permitted in such county.county.  Such election shall be ordered by the board of supervisors of such county on a petition of twenty percent (20%) of the duly qualified electors of such county.  No election on this question can be ordered more often than once in five (5) years.

Such     election(2)  Nothing in this section shall bemake orderedit byunlawful theto boardpossess ofbeer, supervisorslight ofspirit suchproduct countyor onlight awine, petitionas ofdefined twentyherein * * *, percentin (20%)any municipality which has heretofore or which may hereafter vote in an election, pursuant to Section 67‑3‑9, in which a majority of the duly qualified electors vote in favor of suchpermitting county. the Nosale electionand onthe thisreceipt, questionstorage canand betransportation orderedfor morethe oftenpurpose thanof oncesale inof fivebeer (5)or years.wine as defined herein.

     (2)  Nothing in this section shall make it unlawful to possess beer or light wine, as defined herein * * *, in any municipality which has heretofore or which may hereafter vote in an election, pursuant to Section 67‑3‑9, in which a majority of the qualified electors vote in favor of permitting the sale and the receipt, storage and transportation for the purpose of sale of beer or wine as defined herein.

          ( * * *(b)a)  Sell, distribute and transport light winewine, light spirit product or beer to a qualified resort area as defined in Section 67-1-5;

          ( * * *(c)b)  Sell light winewine, light spirit product or beer at a qualified resort area as defined in Section 67-1-5 if such light winewine, light spirit product or beer is sold by a person with a permit to engage in the business as a retailer of light winewine, light spirit product or beer;

          ( * * *(e)d)  Transport legally purchased light winewine, light spirit product or beer in unopened containers * * *if it is being transported on a state or federal highway;

however, this paragraph shall not apply to a retailer unless the retailer has purchased the light winewine, light spirit product or beer from a wholesaler or distributor for the designated sales territory in which the retailer is located and the retailer has in his possession an invoice from the wholesaler or distributor for the light winewine, light spirit product or beer;

It shall be lawful to possess beerbeer, light spirit product and light wine throughout the state, unless otherwise prohibited by this chapter.  However, nothing herein shall be construed to make lawful the possession of beerbeer, light spirit product or light wine with the intent to sell except as authorized by this chapter.       (2)  * * *Notwithstanding the provisions of subsection (1) of this section, In any county or municipality in which the transportation, storage, sale, distribution, receipt and/or manufacture of light winewine, light spirit product and beer is prohibited, it shall not be unlawful for a permitted wholesaler or distributor to possess light winewine, light spirit product and beer when such light winewine, light spirit product and beer is held therein solely for the purpose of storage and for distribution to other counties and municipalities in which * * *possession of such beverages is lawful transportation, storage, sale, distribution, receipt and/or manufacture is lawful.

     (3)  Notwithstanding the provisions of subsections (1) and (2) of this section, in any county in which transportation, storage, sale, distribution, receipt and/or manufacture of light winewine, light spirit product and beer is prohibited, it shall not be unlawful:

          (a)  To receive * * *, or store * * *, possess or consume light winewine, light spirit product or beer at a resort area as defined in Section 67-1-5;

          (b)  To distribute and transport light winewine, light spirit product or beer to a resort area as defined in Section 67-1-5;

          (d)  To transport legally purchased light winewine, light spirit product or beer in unopened containers if it is being transported on a state or federal highway;

however, this paragraph shall not apply to a retailer unless the retailer has purchased the light winewine, light spirit product or beer from a wholesaler or distributor for the designated sales territory in which the retailer is located and the retailer has in his possession an invoice from the wholesaler or distributor for the light winewine, light spirit product or beer;

     (4)  Any light winewine, light spirit product or beer found in possession of, or sold by, a person in violation of this section shall be seized and disposed of in the manner provided for in Section 67-1-18.

     SECTION 10.  This act shall take effect and be in force from and after JanuaryJuly 1, 2021.2020.