Beer Laws
How
does one apply for a license to sell beer?
Any person desiring to engage in the
business of selling beer at retail shall;
(a) Secure privilege license from Lawrence County, Mississippi, and pay the privilege tax imposed by Section 27-71-303 of the Mississippi Code of 1972, as Recompiled, after having first secured a permit from the State Tax Commission as required by Section 67-3-17 of the Mississippi Code of 1972 and paid the privilege license imposed by Section 27-71-303 of the Mississippi Code of 1972, as Recompiled.
(b)
Apply
for a license to sell beer at retail or renew such a license by applying to the
Board of Supervisors of Lawrence County, Mississippi, upon an application, in
the form of a sworn statement, showing that he possesses the following
qualifications:
(1)
Applicant
must be a person at least twenty-one years of age, of good moral character, a
citizen of the United States and the State of Mississippi.
(2)
Applicant
shall not have been convicted of a felony, or of pandering or of keeping or
maintaining a house of prostitution, or have been convicted within two years of
the date of his application of any violation of the laws of this State or the
laws of the United States relating to alcoholic liquor.
(3)
Applicant
shall not have had revoked, within two years next preceding his application,
any license or permit issued to him pursuant to the laws of this state, or any
other state, to sell alcoholic liquor of any kind.
(4)
Applicant
shall be the owner of the premises for which the permit is sought or the holder
of an existing lease thereon.
(5)
Applicant
shall not be residentially domiciled with any person whose permit has been
revoked for cause within two years next proceeding the date of the present
application for a permit.
(6)
Applicant
shall not employ any person whose permit has been revoked when such person
owned or operated the business on the premises for which a permit is sought or
allow such person to have any financial interest in the business of the
applicant, until such person is qualified to obtain a permit in his own name.
(7)
The
applicant is not indebted to the State of Mississippi for any taxes.
(8)
If
applicant is a partnership, all members of the partnership must be qualified to
obtain a permit.
(9)
If
applicant is a corporation, all officers and directors thereof, and any
stockholder owning more than five percent of the stock of such corporation, and
the person or persons who shall conduct and manage the licensed premises for
the corporation shall possess all the qualifications required herein for any
individual permittee. However, the
requirements to residence shall not apply to officers, directors, and
stockholders of such corporation, although such requirements shall apply to any
officers, directors, or stockholder who is also the manager of the licensed
premises or who is engaged or employed at the licensed premises.
(10) Any misstatement or concealment
of fact in an application shall be ground
for denial of the application or for revocation of the permit issued
thereon.
(11) The Board may refuse to
issue a permit to an applicant for a place that is
frequented by known criminals, prostitutes, or other law violators, or
trouble
makers who disturb the peace and quietude of the community and
frequently
require the assistance of peace officers to apprehend such law violators
or to
restore order. The burden of
proof of establishing the foregoing shall rest
upon the Board.
(c)
County
privilege licenses shall be applied for and renewed annually and shall be
displayed conspicuously in licensees’ place of business and shall not
be
transferable.
What are the restrictions on the sale of beer?
It shall
be unlawful in Lawrence County, Mississippi, to sell beer in any other business
establishment other than a “Retail Outlet”, and it shall be further unlawful
for the owner or holder of a valid permit authorizing the sale of beer at
retail:
(a)
To
sell, give or dispense or permit to be sold any beer during the days, Monday
through Saturday between the hours of 10:00 o’clock P.M. and 7:00 o’clock A.M.,
the following morning, and on Sundays between the hours of 10:00 o’clock P.M.
on Saturday night and 7:00 o’clock A.M. on Monday morning.
(b)
To
sell or store beer within 500 feet of any church, school, kindergarten, or
funeral home. For purpose of this
prohibition the distance shall be measured from and begin at the main front
entrance of the selling establishment and run in a straight line to and
perpendicular with the nearest public roadway or street and then shall run
parallel with said street or public roadway to a point perpendicular with the
main front entrance of the subject church, school, kindergarten or funeral
home; and then shall run in a straight
line to the main front entrance of the subject church, school, kindergarten or
funeral home.
(c)
To
sell, give or dispense or permit to be sold or dispensed any beer on any
Election Day.
(d)
To
permit the consumption of beer on the premises of any retail outlet.
(e)
To
sell, give, or furnish any beer to any person visibly or noticeably intoxicated
or to any insane person or to any habitual drunkard or to any person under the
age of twenty-one (21) years.
(f)
To
permit on the premises any lewd, immoral, or improper conduct or practices, or
to permit loud, boisterous, or disorderly conduct of any kind upon the premises
which may disturb the peace and quietude of the community wherein the business
is located.
(g)
To
permit persons of ill repute, known criminals, prostitutes, or other such
undesirables, to frequent the licensed premises.
(h)
To
permit or suffer gambling or the operation of games of chance upon the licensed
premises.
(i)
To
erect or maintain any sign, lighted or otherwise, or printing upon the outside
of the premises covered by a permit advertising, announcing, or advising the
sale of beer in or upon said premises.
(j)
To
store, keep, or display beer, or the empty cartons or containers thereof, in or
on the premises covered by such permit in such a manner as to be visible from
the highway or otherwise from the outside of said premises.
What
is a “Retail Outlet”?
The words “Retail Outlet” shall mean a
place of business commonly referred to as a grocery store or food store where
items of unprepared food are sold, retail to the general public and in which is
kept and maintained an inventory of food items such as bread, milk, canned
foods, and meat products and in which there is maintained an inventory of such
food items, and supporting fixtures, of the actual value of $10,000.00 or more,
excluding the value of beer and light wine.
What
are the ramifications form violating an ordinance?
Any violation of this order shall be a
misdemeanor and any person upon conviction thereof shall be punished by a fine
of not more than Five hundred Dollars ($500.00) or imprisoned for not more than
six (6) months, or both. In addition,
the Board may, in their discretion, suspend or revoke the license of any person
convicted of violating the terms of this order.
These ordinances were compiled from the Lawrence County Chancery Clerk’s office, which is located in the County Court House. This ordinance was voted on the 2nd day of December 1991. All the information was compiled in June 2000. This information is not legal representation, and Southwest Distributors does not guarantee the accuracy of the information.