Amendment vs bill Amendment Report for Senate Bill No. 2803 vs As Passed the upper

Struck = removed from the bill ยท added = the amendment's new text.

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MISSISSIPPI LEGISLATURE REGULAR SESSION 2024 By:
House Amendments to Senate Bill No.
Senator(s) DeBar To:
2803 TO THE SECRETARY OF THE SENATE:
Finance COMMITTEE SUBSTITUTE FOR SENATE BILL NO.
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
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;
AMENDMENT NO.
AND FOR RELATED PURPOSES.
1 Amend by striking all after the enacting clause and inserting in lieu thereof the following:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
S.
(b) "Alcohol" means the product of distillation of any fermented liquid, whatever the origin thereof, and includes PAGE 12803 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.
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 PAGE 22803 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.
When used in this article, the word "hotel" shall also be construed to include any establishment that meets S.
When used in this article, the word "hotel" shall also be construed to include any establishment that meets 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.
(i) A 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;
PAGE 32803 (i) A 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;
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 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.
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 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 the operation of the business, including any kitchen area, bar area, storage area and office space, but excluding any area for parking.
B.
In addition to the other requirements of this subparagraph, the business must also serve food to guests for PAGE 42803 compensation within the building and derive the majority of its revenue from event-related fees, including, but not limited to, admission fees or ticket sales to live entertainment in the building, and from the rental of all or part of the facilities of the business in the building to another party for a specific event or function.
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.
In addition to the other requirements of this subparagraph, the business must also serve food to guests for compensation within the building and derive the majority of its revenue from event-related fees, including, but not limited to, admission fees or ticket sales to live entertainment in the building, and from the rental of all or part of the facilities of the business in the building to another party for a specific event or function.
(v) The affairs and management of which are conducted by a board of directors, board of governors, executive S.
(v) The affairs and management of which are conducted by a board of directors, board of governors, executive committee, or similar governing body chosen by the members at a regular meeting held at some periodic interval;
B.
and (vi) No member, officer, agent or employee of which is paid, or directly or indirectly receives, in the form of a salary or other compensation any profit from the distribution or sale of alcoholic beverages to the club or to members or guests of PAGE 52803 the club beyond such salary or compensation as may be fixed and voted at a proper meeting by the board of directors or other governing body out of the general revenues of the club.
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;
and (vi) No member, officer, agent or employee of which is paid, or directly or indirectly receives, in the form of a salary or other compensation any profit from the distribution or sale of alcoholic beverages to the club or to members or guests of the club beyond such salary or compensation as may be fixed and voted at a proper meeting by the board of directors or other governing body out of the general revenues of the club.
(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.
(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 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;
The department may not approve an area as a qualified resort area after July 1, 2018, if any portion of such proposed area is located within two (2) miles of a convent or monastery that is located in a county traversed by Interstate 55 and U.S.
The department may not approve an area as a qualified resort area after July 1, 2018, if any portion of such proposed area is located within two (2) PAGE 62803 miles of a convent or monastery that is located in a county traversed by Interstate 55 and U.S.
however, such S.
however, such 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.
1.
PAGE 72803 1.
S.
4.
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B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 8 4.
however, any such facility may only be located in areas designated by the governing authorities of such municipality;
however, any such PAGE 82803 facility may only be located in areas designated by the governing authorities of such municipality;
Owned by the Pearl River Valley Water Supply District, and/or S.
Owned by the Pearl River Valley Water Supply District, and/or B.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 9 B.
b.
PAGE 92803 b.
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.
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 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;
For a fee is used to host events such as weddings, reunions and conventions, c.
For a fee is used to host events such as weddings, reunions and conventions, PAGE 10803 c.
Used for the purpose of providing meals and hosting events, and S.
Used for the purpose of providing meals and hosting events, and c.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 11 c.
The clubhouse and associated golf course where the golf course is adjacent to one or more residential developments and the golf course and all such developments collectively include at least two hundred (200) acres and at least one hundred fifty (150) residential units and are located a.
The clubhouse and associated golf course where the golf course is adjacent to one or more residential developments and the golf course and all such developments PAGE 11803 collectively include at least two hundred (200) acres and at least one hundred fifty (150) residential units and are located a.
Land that is planned for mixed-use development and consists of at least two hundred (200) contiguous S.
Land that is planned for mixed-use development and consists of at least two hundred (200) contiguous 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:
b.
PAGE 12803 b.
S.
16.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 13 16.
Located entirely within a county that has elected by majority vote not to permit the transportation, storage, sale, distribution, receipt and/or manufacture of light wine and beer pursuant to Section 67-3-7, and b.
Located entirely within a county that has elected by majority vote not to permit the transportation, PAGE 13803 storage, sale, distribution, receipt and/or manufacture of light wine and beer pursuant to Section 67-3-7, and b.
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.
If any portion of the land described in this item 18 has been declared a qualified resort area by the department before July 1, 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;
A county traversed by Interstate 55 and Interstate 20, and b.
A county traversed by Interstate 55 and Interstate 20, and PAGE 14803 b.
Highway 82 intersects with Mississippi S.
Highway 82 intersects with Mississippi 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.
PAGE 15803 24.
S.
27.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 16 27.
and adjacent property to the west consisting of a single-story office building that was originally occupied by the Brotherhood of Carpenters and Joiners of American Local Number 569;
and adjacent property to the west consisting of a single-story office building PAGE 16803 that was originally occupied by the Brotherhood of Carpenters and Joiners of American Local Number 569;
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.
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 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.
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.
PAGE 17803 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 running to a point at the intersection of Interstate 22 and Carter Avenue;
then running to a point at the intersection of Interstate 22 and Carter PAGE 18803 Avenue;
then running to a S.
then running to a 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.
The clubhouse and associated golf course, tennis courts and related facilities and swimming pool and related facilities located on Oaks Country Club Road less than one-half (1/2) mile to the east of Mississippi Highway 15;
The clubhouse and associated golf course, tennis courts and related facilities and swimming pool and related PAGE 19803 facilities located on Oaks Country Club Road less than one-half (1/2) mile to the east of Mississippi Highway 15;
S.
43.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 20 43.
thence 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.
thence 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, PAGE 20803 known as Oil Mill Road, thence Northwest along west boundary of 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.
S.
PAGE 21803 47.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 22 47.
and S.
and PAGE 22803 c.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 23 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.
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 meets the criteria for the definition of the term "hotel" in paragraph (l) of this section;
B.
and PAGE 23803 d.
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;
and d.
S.
60.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 25 60.
A certain parcel of land being situated in the Southeast 1/4 of the Northeast 1/4 of Section 9, T3N-R3E, Rankin County, Mississippi, and being more particularly described as follows:
PAGE 24803 A certain parcel of land being situated in the Southeast 1/4 of the Northeast 1/4 of Section 9, T3N-R3E, Rankin County, Mississippi, and being more particularly described as follows:
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.
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 the North line of the aforesaid Southeast 1/4 of the Northeast 1/4 of Section 9;
B.
run thence North 89 degrees 46 minutes 45 seconds East along said North line of the PAGE 25803 Southeast 1/4 of the Northeast 1/4 of Section 9 for a distance of 1,305.51 feet to an existing 1/2" iron pin marking Northeast corner thereof;
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;
run thence North 89 degrees 46 minutes 45 seconds East along said North line of the Southeast 1/4 of the Northeast 1/4 of Section 9 for a distance of 1,305.51 feet to an existing 1/2" iron pin marking Northeast corner thereof;
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.
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 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.
leaving said East line of the Southeast 1/4 of the Northeast 1/4, run thence South 89 degrees 53 minutes 47 PAGE 26803 seconds East for a distance of 2.08 feet to an existing 1/2" iron pin;
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;
leaving said East line of the Southeast 1/4 of the Northeast 1/4, run thence South 89 degrees 53 minutes 47 seconds East for a distance of 2.08 feet to an existing 1/2" iron pin;
S.
62.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 28 62.
4969 204 000 and 4969 204 001, all in Block 4 of the original town square in any municipality with a population in excess of one thousand five hundred (1,500) according to the latest federal decennial census and which is located in:
4969 204 000 and 4969 204 001, all in Block 4 of the original town square in any municipality with a population in excess of one PAGE 27803 thousand five hundred (1,500) according to the latest federal decennial census and which is located in:
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.
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 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;
68.
PAGE 28803 68.
S.
71.
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 30 71.
and 73.
and PAGE 29803 73.
specify the percentage of revenue that facilities offering alcoholic beverages for sale must derive from S.
specify the percentage of revenue that facilities offering alcoholic beverages for sale must derive from 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;
(p) "Native wine" means any product, produced in Mississippi for sale, having an alcohol content not to exceed twenty-one percent (21%) by weight and made in accordance with revenue laws of the United States, which shall be obtained primarily from the alcoholic fermentation of the juice of ripe grapes, fruits, berries, honey or vegetables grown and produced in Mississippi;
(p) "Native wine" means any product, produced in Mississippi for sale, having an alcohol content not to exceed twenty-one percent (21%) by weight and made in accordance with revenue laws of the United States, which shall be obtained primarily from the alcoholic fermentation of the juice of ripe grapes, fruits, berries, honey or vegetables grown and produced in PAGE 30803 Mississippi;
(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.
(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 overnight accommodations;
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 32 overnight accommodations;
(t) "Spa facility" means an establishment within a municipality or qualified resort area and owned by a hotel where, in consideration of payment, patrons receive from licensed professionals a variety of private personal care treatments such as massages, facials, waxes, exfoliation and hairstyling.
PAGE 31803 (t) "Spa facility" means an establishment within a municipality or qualified resort area and owned by a hotel where, in consideration of payment, patrons receive from licensed professionals a variety of private personal care treatments such as massages, facials, waxes, exfoliation and hairstyling.
For purposes of this paragraph, the definition of S.
For purposes of this paragraph, the definition of 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.
(x) "Native spirit" shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages.
PAGE 32803 (x) "Native spirit" shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages.
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:
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS PAGE 34 SECTION 2.
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;
This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
AND FOR RELATED PURPOSES.
S.
HR43\SB2803A.J Andrew Ketchings Clerk of the House of Representatives PAGE 33803
B.
No.
2803 *SS26/R1084CS* ~ OFFICIAL ~ 24/SS26/R1084CS ST:
Local Option Alcoholic Beverage Control PAGE 35 Law;
revise definition of "qualified resort area."