AMITE COUNTY BEER LAWS

Section 1. Were do you apply for license?

That any person desiring a license to sell beer at retail shall file a duplicate of his application for permit to retail beer, that had been submitted to the State Tax Commission, with the Board of Supervisors for their approval or disapproval. If approved, permit shall be obtained from the County Tax Collector upon payment of required fee.

(1) The annual county privilege license shall be $15.00 per year with all said licenses to expire on the first day of September following the acquisition of said privilege license. If there is less than a year from the time of the purchase of said license until the first day of September, the tax shall be pro rated at the rate of $1.25 per month with a minimum fee of $5.00.

Section 2. What restrictions are there on the business?

No privilege license for the sale of beer outside municipalities shall be issued by Amite County under the following conditions:

(1) When the premises are part of a homestead, dwelling, board of rooming house, or where the same premises are used wholly or in part as sleeping quarters, except a properly licensed restaurant being part of a hotel, motel or similar facility.

(2) When the main public entrance of the premises is located within one half of a mile of any church or school outside of municipalities, except, however, any non-beer retailer who has been in operation for more than one year prior to the passage of this resolution and otherwise qualifies as a beer vendor, may sell said product so long as the establishment is more than 400 feet from any church or school.

Section 3. What restrictions are there on the business?

That it shall be unlawful to sell, give or dispense or permit to be sold, give or dispensed beer in any business establishment unless more than 50% of gross sales of said business represent receipts from non-alcoholic products.

Section 4. What restrictions are there on the business?

That it shall be unlawful for any person operating or working in any pubic place, business or establishment to serve beer for consumption on the premises unless;

(a) Its gross receipts from all sales are derived from the sale of prepared food to the extent of at least 60%; for purposes of this section; prepared food means that cooked, heated, chilled or otherwise processed on the premises; and

(b) It maintains continuously adequate seating facilities; and

(c) Its principal business is the sale of food for consumption on the premises; and

(d) Such place, business or establishment is and has been continuously for not less than one year immediately preceding the commencement or the serving beer on the premises, a properly licensed and operating eating place, or unless special permit to do so is granted by the governing authorities.

Section 5. Can you advertise the sale of beer?

That it shall be unlawful to advertise or permit to be advertised the sale or availability of beer by sign, symbol, placard or printed matter of any kind except:

(1) On the interior of the building where beer is sold,

(2) Or in a publication distributed by hand or by mail the primary purpose of which is not the advertisement of the sale or availability of beer,

(3) Or in a regularly published newspaper or magazine.

(4) However, on the front of said premises there may be printed, in the letters not more than 8 inched high the words, “BEER SOLD HERE”.

Section 6. What times are restricted in the sell of beer?

It shall be unlawful for any holder of a retailer’s license for the sale of beer to sell, give away, deliver or barter any beer between the hours of 8 p.m. and 7 a.m. or between the hours of 8 p.m. Saturday and 7 a.m. Monday.

Section 8. What powers does the Board of Supervisors have in granting license?

If the Board of Supervisors find and determine upon application of any party interested that the issuance of a privilege license for the sale of beer under the condition set forth in prior sections of this resolution would not be detrimental to the public health, morals and safety of the citizens of Amite County and, in cases where the distance between the main public entrance of a church or school building is pertinent, upon written request from the owner or party or parties in charge of the institution occupying such building, the Board of Supervisors may issue a special permit allowing the sale of beer despite the existence of condition set forth in prior sections of this resolution; provided that such special permit may be revoked should the Board of Supervisors subsequently find that the sale of beer on such premises is detrimental to the public health, morals and safety of the citizens of Amite County.

Section 10. What penalties are there if ordinance is violated?

Any person, firm or corporation convicted of violating this resolution shall be fined not more than $100.00 dollars, or imprisoned not more than 30 days, or both. Each day any person, firm or corporation violates the provisions of this resolution will be construed a separate offense.

Section 13. What penalties are there if ordinance is violated?

In addition to other penalties, vendors of beer who violate this resolution as to the traffic in beer and vending same may have their privilege license revoked by this Board after 5 days notice to appear at a hearing to be held by this Board to consider said violation.

Section 15. What is the procedure in getting the license?

Approval of an application for a privilege license to sell beer or otherwise merchandise or traffic in beer will be by simple endorsement affixed to the duplicate of the application for the permit to retail beer that had been submitted to the State Tax Commission. Said endorsement shall read, “approved” or “disapproved”, be dated and signed by the President of the Board of Supervisors without other action of the Board of Supervisors or entry in the board minutes. In the event of disapproval an aggrieved party may be heard by the Board of Supervisors with a quorum present by written request asking for a hearing not less than five days later than the filing of the written request with the Clerk of the Board of Supervisors.

These ordinances were compiled from the Amite County Board of Supervisors Minute Book No. 62 page 237, which can be obtained in the County Court House Hall in Liberty. This ordinance was voted on the 3rd day of December 1979. All the information was compiled in August 2000. This information is not meant to be legal representation, and Southwest Distributors does not guarantee the accuracy of this information.