Struck = removed from the bill ยท
added = the amendment's new text.
MISSISSIPPIAdopted LEGISLATURECOMMITTEE REGULARAMENDMENT SESSIONNO 20241 By:PROPOSED TO Senate Bill No.
Senator(s)2803 DeBarBY: To:
FinanceCommittee COMMITTEEAmend SUBSTITUTEby FORstriking SENATEall BILLafter NO.the enacting clause and inserting in lieu thereof the following:
2803 AN ACT TO AMEND SECTION 67-1-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "QUALIFIED RESORT AREA" UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW;
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
The words "alcoholic 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) beverage" shall not include ethyl alcohol manufactured or distilled solely for fuel purposes or beer of an alcoholic content of more than eight percent (8%) by weight if the beer is legally manufactured in this state for sale in another state.
S.(b) "Alcohol" means the product of distillation of any fermented liquid, whatever the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ G1/2 24/SS26/R1084CS PAGE 1 (b) "Alcohol" means the product of distillation of any fermented liquid, whatever the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol.
(g) "Wholesaler" means any person, other than a manufacturer, engaged in distributing or selling any alcoholic 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) beverage at wholesale for delivery within or without this state when such sale is for the purpose of resale by the purchaser.
S.(i) "State Tax Commission," "commission" or "department" means the Department of Revenue of the State of Mississippi, which shall create a division in its organization to be known as the Alcoholic Beverage Control Division.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 2 (i) "State Tax Commission," "commission" or "department" means the Department of Revenue of the State of Mississippi, which shall create a division in its organization to be known as the Alcoholic Beverage Control Division.
Hotels in towns or cities of more than twenty-five thousand (25,000) population are similarly defined except that they must have fifty 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) (50) or more sleeping rooms.
When used in this article, the word "hotel" shall also be construed to include any establishment that meets S.the definition of "bed and breakfast inn" as provided in this section.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 3 the definition of "bed and breakfast inn" as provided in this section.
or (ii) Any privately owned business located in a building in a historic district where the district is listed in the National Register of Historic Places, where the building has a 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) total occupancy rating of not less than one thousand (1,000) and where the business regularly utilizes ten thousand (10,000) square feet or more in the building for live entertainment, including not only the stage, lobby or area where the audience sits and/or stands, but also any other portion of the building necessary for S.the operation of the business, including any kitchen area, bar area, storage area and office space, but excluding any area for parking.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 4 the operation of the business, including any kitchen area, bar area, storage area and office space, but excluding any area for parking.
(iv) Owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) adequate for the reasonable and comfortable use and accommodation of its members and their guests;
(v) The affairs and management of which are conducted by a board of directors, board of governors, executive S.committee, or similar governing body chosen by the members at a regular meeting held at some periodic interval;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 5 committee, or similar governing body chosen by the members at a regular meeting held at some periodic interval;
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) (o) "Qualified resort area" means any area or locality outside of the limits of incorporated municipalities in this state commonly known and accepted as a place which regularly and customarily attracts tourists, vacationists and other transients because of its historical, scenic or recreational facilities or S.attractions, or because of other attributes which regularly and customarily appeal to and attract tourists, vacationists and other transients in substantial numbers;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 6 attractions, or because of other attributes which regularly and customarily appeal to and attract tourists, vacationists and other transients in substantial numbers;
(i) The department may approve an area or locality outside of the limits of an incorporated municipality that is in the process of being developed as a qualified resort area if such area or locality, when developed, can reasonably be expected to 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) meet the requisites of the definition of the term "qualified resort area." In such a case, the status of qualified resort area shall not take effect until completion of the development.
however, such S.declaration may only be initiated in a written request for resort area status made to the department by the Executive Director of the Department of Wildlife, Fisheries and Parks, and no permit for the sale of any alcoholic beverage, as defined in this article, except an on-premises retailer's permit, shall be issued for a hotel, restaurant or bed and breakfast inn in such park.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 7 declaration may only be initiated in a written request for resort area status made to the department by the Executive Director of the Department of Wildlife, Fisheries and Parks, and no permit for the sale of any alcoholic beverage, as defined in this article, except an on-premises retailer's permit, shall be issued for a hotel, restaurant or bed and breakfast inn in such park.
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 3.
S.4.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 8 4.
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 8.
Owned by the Pearl River Valley Water Supply District, and/or S.B.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 9 B.
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 9.
Any facility located on property that is a game reserve with restricted access that consists of at least eight hundred (800) contiguous acres with no public roads, that offers as a service hunts for a fee to overnight guests of the S.facility, and has accommodations for at least fifty (50) overnight guests;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 10 facility, and has accommodations for at least fifty (50) overnight guests;
Located on property that consists of at least one hundred twenty-five (125) contiguous acres and consisting of an eighteen-hole golf course, and/or located in a facility that consists of at least eight thousand (8,000) square feet being heated and cooled, 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) b.
Used for the purpose of providing meals and hosting events, and S.c.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 11 c.
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 15.
Land that is planned for mixed-use development and consists of at least two hundred (200) contiguous S.acres with one or more planned residential developments collectively planned to include at least two hundred (200) residential units when completed, and also including a facility that consists of at least four thousand (4,000) square feet that is not part of such land but is located adjacent to or in close proximity thereto, and which land is located:
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 12 acres with one or more planned residential developments collectively planned to include at least two hundred (200) residential units when completed, and also including a facility that consists of at least four thousand (4,000) square feet that is not part of such land but is located adjacent to or in close proximity thereto, and which land is located:
Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages, and 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) C.
S.16.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 13 16.
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) If any portion of the land described in this item 18 has been declared a qualified resort area by the department before July 1, S.2020, then that qualified resort area shall be incorporated into the qualified resort area created by this item 18;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 14 2020, then that qualified resort area shall be incorporated into the qualified resort area created by this item 18;
Any municipality with a population in excess of two thousand (2,000) according to the latest federal decennial census and in which is located a part of White's Creek 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) Lake and in which U.S.
Highway 82 intersects with Mississippi S.Highway 9 and located in a county that is partially bordered on one (1) side by the Big Black River;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 15 Highway 9 and located in a county that is partially bordered on one (1) side by the Big Black River;
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 26.
S.27.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 16 27.
and 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) b.
Is situated on a tract of land consisting of approximately one and one-tenth (1.10) acres, and the adjacent property to the west consisting of approximately 0.5 S.acres, located in a municipality which is the seat of county government, situated south of Interstate 10, traversed by U.S.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 17 acres, located in a municipality which is the seat of county government, situated south of Interstate 10, traversed by U.S.
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) All that part of the East Half of the Northwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi, that lies South of Mississippi State Highway 348 right-of-way and containing 19.48 acres, more or less.
S.ALSO, The Northeast 38 acres of the Southwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 18 ALSO, The Northeast 38 acres of the Southwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi.
then 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) running to a point at the intersection of Interstate 22 and Carter Avenue;
then running to a S.point at the intersection of King Street and E.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 19 point at the intersection of King Street and E.
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 42.
S.43.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 20 43.
thence 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) southeast along the east boundary of said Highway 204 feet to a concrete post at the intersection of the east boundary of said Highway with the west boundary of gravel road from Sumner to Webb, known as Oil Mill Road, thence Northwest along west boundary of S.said Oil Mill Road 194 feet to center of driveway running southwest from said Oil Mill Road to U.S.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 21 said Oil Mill Road 194 feet to center of driveway running southwest from said Oil Mill Road to U.S.
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 46.
S.47.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 22 47.
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) a.
and S.c.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 23 c.
and 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) c.
Any facility located on the west side of Sunflower Avenue to the Sunflower River between the southern side of 6th Street and the northern side of 8th Street and which is operated as and/or was operated as a hotel or lodging facility, in consideration of payment, regardless of whether the facility S.meets the criteria for the definition of the term "hotel" in paragraph (l) of this section;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 24 meets the criteria for the definition of the term "hotel" in paragraph (l) of this section;
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 58.
S.60.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 25 60.
from said POINT OF 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) BEGINNING, continue thence North 00 degrees 16 minutes 18 seconds East along an existing fence for a distance of 493.27 feet to an existing 1/2" iron pin;
run thence North 03 degrees 08 minutes 15 seconds East for a distance of 170.22 feet to an existing 1/2" iron pin on S.the North line of the aforesaid Southeast 1/4 of the Northeast 1/4 of Section 9;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 26 the North line of the aforesaid Southeast 1/4 of the Northeast 1/4 of Section 9;
An easement for the purpose of ingress and egress being situated in the Southeast 1/4 of the Northeast 1/4 and in the Northeast 1/4 of the Southeast 1/4 of Section 9, T3N-R3E, 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) Rankin County, Mississippi, and being more particularly described as follows:
Begin at an existing 1/2" iron pin marking the Southwest corner of the aforesaid Southeast 1/4 of the Northeast 1/4 of Section 9, T3N-R3E and run thence North 00 degrees 06 minutes 13 seconds East along the East S.line of the Southeast 1/4 of the Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" iron pin;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 27 line of the Southeast 1/4 of the Northeast 1/4 for a distance of 33.18 feet to an existing 1/2" iron pin;
run thence North 00 degrees 06 minutes 13 seconds East along the West line of the 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) aforesaid Northeast 1/4 of the Southeast 1/4 of Section 9 for a distance of 25.00 feet to the POINT OF BEGINNING, containing 17,525.4 square feet, more or less.
S.62.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 28 62.
The clubhouse and associated nine-hole golf course and related facilities located on or near the eastern corner of the point at which Golf Course Road meets Athens Road, in a county in which Mississippi Highway 13 and Mississippi 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) Highway 28 intersect, with GPS coordinates of approximately 31.900370078041004, -89.7928067652611;
Any facility located at the south-to-southwest corner of the intersection of Madison Street and Bolton Brownsville Road, in a municipality in which Bolton S.Brownsville Road passes over Interstate 20, with GPS coordinates of approximately 32.349067271758955, -90.4596221146197;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 29 Brownsville Road passes over Interstate 20, with GPS coordinates of approximately 32.349067271758955, -90.4596221146197;
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 70.
S.71.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 30 71.
The governing authorities of a municipality described, in whole or in part, in item 6, 21, 24, 25, 26, 27, 28, 29, 30, 31, 34, 35, 36, 37, 38, 39, 46, 48, 51, 53, 54, 55, 58, 59, 61, 63, 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) 64, 66, 67 or 68 of this paragraph (o)(iii) may by ordinance, with respect to the qualified resort area described in the same item:
specify the percentage of revenue that facilities offering alcoholic beverages for sale must derive from S.the preparation, cooking and serving of meals and not from the sale of beverages;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 31 the preparation, cooking and serving of meals and not from the sale of beverages;
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) (r) "Bed and breakfast inn" means an establishment within a municipality where in consideration of payment, breakfast and lodging are habitually furnished to travelers and wherein are located not less than eight (8) and not more than nineteen (19) adequately furnished and completely separate sleeping rooms with adequate facilities, that persons usually apply for and receive as S.overnight accommodations;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 32 overnight accommodations;
24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) (v) "Cooking school" means an establishment within a municipality or qualified resort area and owned by a nationally recognized company that offers an established culinary education curriculum and program where, in consideration of payment, patrons are given scheduled professional group instruction on culinary techniques.
For purposes of this paragraph, the definition of S.cooking school shall not include schools or classes offered by grocery stores, convenience stores or drugstores.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 33 cooking school shall not include schools or classes offered by grocery stores, convenience stores or drugstores.
In order to be classified as "native spirit" under the provisions of this article, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from 24/HR43/SB2803A.J *HR43/SB2803A.J* P(BS/EW) distillation of fermented grain, starch, molasses or sugar grown and produced in Mississippi.
S.SECTION 2.
B.This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 29, 2024.
No.Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
2803AN *SS26/R1084CS*ACT ~TO OFFICIALAMEND ~SECTION 24/SS26/R1084CS67-1-5, PAGEMISSISSIPPI 34CODE SECTIONOF 2.1972, TO REVISE THE DEFINITION OF THE TERM "QUALIFIED RESORT AREA" UNDER THE LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL LAW;
ThisAND actFOR shallRELATED takePURPOSES. effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
S.PAGE 35/SB2803A.J *HR43/SB2803A.J* (BS/EW)
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS ST:
Local Option Alcoholic Beverage Control PAGE 35 Law;
revise definition of "qualified resort area."