The purpose of this chapter is to legalize the sale within this state of light wines and beer, to legalize the manufacture of beer, and to regulate the business of manufacturing and of selling light wines and beer so as to prevent the illicit manufacture, sale and consumption of alcoholic beverages as defined in Section […]
Every person shall have the right to make homemade wine for domestic or household uses only, free of all restraint by this chapter or otherwise, and no such election as provided for in Sections 67-3-7, 67-3-9 and 67-3-13, shall deprive any person of the right to make homemade wine for domestic or household uses only. […]
Except as otherwise provided herein and as authorized under this section and Section 67-9-1, in any county which has at any time since February 26, 1934, elected, or which may hereafter elect, to prohibit the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer of an alcoholic content of not more than four […]
Any person who shall brew or manufacture or sell any beer or light wine without first having secured a permit and/or license from the commissioner authorizing the brewing or manufacture or sale of such liquor, shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not more than One […]
Any person desiring to engage in any business taxable under Sections 27-71-303 through 27-71-317, Mississippi Code of 1972, either as a retailer, or as a wholesaler or distributor, or as a manufacturer, of light wines or beer, shall file with the commissioner an application for a permit allowing him to engage in such business. The […]
Where application is made for a permit to engage in the business of a retailer of light wine or beer, the applicant shall show in his application that he possesses the following qualifications: Applicant must be a person at least twenty-one (21) years of age, of good moral character and a resident of the State […]
No permit shall be granted to a distributor unless the applicant therefor shall have been a resident of the State of Mississippi for at least two years.
The production limits for a brewpub shall be based upon production as determined by the Department of Revenue pursuant to Section 27-71-307, Mississippi Code of 1972, and a brewpub shall not manufacture more than seventy-five thousand (75,000) gallons of light wine or beer per calendar year. Light wine or beer produced at a brewpub shall […]
Upon receipt of an application for a permit to engage in any business taxable under the provisions of Sections 27-71-303 through 27-71-317, Mississippi Code of 1972, and the oath required by Section 67-3-17, the commissioner shall issue to such applicant, without cost, a permit to engage in such business upon condition that the applicant shall […]
Any permit issued authorizing the sale of light wines and/or beer for consumption shall be construed to authorize the sale of light wines and/or beer by the bottle, by the glass or by draught, and in or from the original package. The commissioner is authorized to establish, in his discretion, dates for the expiration of […]
Before any person shall engage in the business of manufacturer, wholesaler, distributor or retailer of light wines or beer, he shall apply to the commissioner for a license to engage in such business, and shall pay to the commissioner the specific tax imposed by Section 27-71-303, for the privilege of engaging in such business. The […]
Any person desiring to engage in business as a brewpub shall file with the commissioner, along with the application required by Section 67-3-17, Mississippi Code of 1972, a certificate issued by a licensed testing laboratory indicating that such laboratory has tested a sample of the applicant’s beer or light wine, or both, and that the […]
The commissioner, or a hearing officer or the board of review, as designated by the commissioner, after a show cause hearing, shall revoke or suspend any permit granted by authority of this chapter to any person who shall violate any of the provisions of this chapter or the revenue laws of this state relating to […]
When used in this chapter, unless the context indicates otherwise: “Commissioner” means the Commissioner of Revenue of the Department of Revenue of the State of Mississippi, and his authorized agents and employees. “Person” means one or more persons, a company, a corporation, a partnership, a syndicate or an association. “Brewpub” shall have the meaning ascribed […]
Proceedings for the revocation or suspension of any permit authorizing the sale of beer or wine at retail for a violation of any of the provisions of Section 67-3-53 may be brought in the circuit or county court of the county in which the licensed premises are located. Such proceedings shall be entitled in the […]
Upon filing a complaint with the clerk of the court, the county prosecuting attorney or district attorney filing the same shall promptly move the court to set the complaint for hearing. The court shall set the complaint for hearing at an early date in term time or in vacation and such proceedings shall have precedence […]
The complaint shall be heard by the court without a jury. If the court shall find upon the hearing that the offense or offenses charged in the complaint have been established by the evidence, the court shall order the revocation or suspension of the permit. If the court finds that the permittee has not previously […]
It shall be the duty of the county prosecuting attorney or the district attorney, as the case may be, to file complaints as provided in Section 67-3-31 and to prosecute diligently and without delay all complaints filed by him. It shall be the duty of all peace officers, within their jurisdiction, and all enforcement officers […]
The jurisdiction conferred upon the circuit and county courts to hear and determine complaints for the revocation or suspension of permits shall not be exclusive and any authority conferred on the commissioner to revoke or suspend licenses shall remain in full force and effect, and the commissioner shall have authority to revoke or suspend permits […]
Sections 67-3-31 through 67-3-41 and Section 67-3-53 are declared to be cumulative, amendatory, and supplemental to any and all other acts and laws of this state pertaining to the governing of the sale and distribution of light wines and beers as contained in Sections 27-71-301 through 27-71-347, Mississippi Code of 1972, and Sections 67-3-17, 67-3-23, […]
