MARION COUNTY

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 Marion 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 Marion County, 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(5)   Applicant shall not be residentially domiciled with any person whose permit has been revoked for cause within two years next proceeding the date of the present application for a permit.

(6)   Applicant shall not employ any person whose permit has been revoked when such person owned or operated the business on the premises for which a permit is sought or allow such person to have any financial interest in the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 officer, director, 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 Marion 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 12:00 o’clock A.M. and 5:00 o’clock A.M., the following morning, and on Sundays between the hours of 12:00 o’clock A.M. on Saturday night and 5:00 o’clock A.M. on Monday morning.

(b)   To sell or store beer within 300 feet of any church, school, kindergarten, or funeral home.  For purpose of this prohibition the distance shall be measured the actual location of the business to the building, housing, 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, except that such prohibition shall not apply to any civic or charitable club.

(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 eighteen (18) 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. Also any duly organized civil or charitable club operating under a National Charter and duly qualified as a non-profit tax-exempt civic organization.

 

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 Marion County Chancery Clerk’s office, which is located in the County Court House.  This ordinance was voted on the 20th day of December 1976.  These ordinances consist of ordinances AAA 257, 360,and 493.  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.