New law makes alcohol possession legal anywhere in state

With much of the focus on the coronavirus and flag controversies, several noteworthy bills were signed into law without attracting much attention. One related to alcoholic beverages and prohibition – an area in which the state is both first and last.

After decades of anti-alcohol campaigning, the state formally enacted prohibition in 1908, long before the 18^th Amendment outlawed alcohol nationally. Mississippi was the first state to ratify the amendment.

Although liquor was again legalized in 1933 by the 21^st Amendment, Mississippi did not effectively ratify that change until 1966.

Despite ratifying the amendment, technically, the state is still “dry” by default today.

Now, House Bill 1087 will change that to a degree, making it legal to possess alcoholic beverages anywhere in the state after next Jan. 1 whether a county is wet or dry.

But that’s “possess,” only. The state will still be legally dry in that the manufacture, transportation, distribution or sale of alcoholic beverages will be prohibited, other than in cities or counties that have voted to come out from under the law.

To locally legalize sale of alcohol a county or municipality typically must first have a petition with signatures of 20 percent or 1,500 qualified voters (whichever is less). The same is true to make alcohol sales illegal again. Such elections cannot be held sooner than two years before the previous one.

That’s the process New Albany and Union County went through.

Liquor is regulated by the state but local entities have slightly more leeway in dealing with beer, wine and light spirits.

Also any liquor sold in Mississippi must be purchased from the Mississippi Department of Alcohol Beverage Control, which reportedly sells 2,850,000 cases of alcohol each year and represents considerable income for the state.

While House Bill 1087 is fairly long, it mostly reiterates the previous alcohol laws.

Although a vote is required on sales in cities and counties, there still is an exemption for qualified resort areas, regardless of whether the city or county is dry.

There is also a religious exemption. An authorized representative of a church may possess and dispense wine for a bona fide rite or religious service.

The new bill does break down the types of permits somewhat.

One can get a manufacturer’s permit, a package retailer’s permit on an on-premises retailer’s permit. The latter allows one bottle of wine to be carried out of the establishment under specific stringent circumstances. The patron must have drunk part of it during a meal, the permit holder has to reseal the bottle, the bottle must be in a bag that is sealed and it will be apparent if it has been opened and, finally, a dated receipt for the wine and meal must be available.

There are also solicitor’s permits, native wine retailer’s permits and temporary retailer’s permits.

The temporary permit is for bona fide nonprofit civic or charitable organizations authorizing the sale of alcoholic beverages, including native wine, for consumption on the premises.

Also included is complimentary distribution of wine, including native wine, to patrons of a retail establishment at an open house or promotional event, for consumption only on the premises described in the temporary permit.

A caterer’s permit is flexible as long as it is used where alcohol is legal and the caterer must have at least 40 percent of its revenue from food rather than alcohol.

Also available is a hospitality cart permit. This is primarily for use on golf courses but the alcohol must be consumed on the premises and the club must have its own permit before it can have the mobile cart.

The special service permit is for commercial aircraft and the merchant permit is for the owner of a spa facility, an art studio or gallery, or a cooking school. It only authorizes the holder to serve complimentary by the glass wine at the holder’s spa facility, art studio or gallery, or cooking school.

Permits are designated for charitable auctions, event venues serving 200 or more, non-profit theatres and even charter ship operators.

There is another statewide exemption concerning wine.

It is legal to make homemade wine for home use only anywhere in Mississippi. However, only those 21 or older can make the wine and the amount is limited to no more than 100 gallons for an individual or 200 gallons for two or more people in the household.

You can also make beer but can only take it from your premises for a bona fide exhibition or contest and it cannot be sold.

Often when the topic of alcohol comes up in Mississippi, people refer to the famous speech made by Corinth judge and state representative Noah S. “Soggy” Sweat before the legislature in 1952. It well expresses the state’s ambivalent attitude toward the subject:

“If when you say ‘whiskey’ you mean the devil’s brew, the poison scourge, the bloody monster, that defiles innocence, dethrones reason, destroys the home, creates misery and poverty, yea, literally takes the bread from the mouths of little children … then certainly I am against it.

“But if when you say ‘whiskey’ you mean the oil of conversation, the philosophic wine, the ale that is consumed when good fellows get together, that puts a song in their hearts and laughter on their lips … if you mean that drink, the sale of which pours into our treasuries untold millions of dollars. … then certainly I am for it.”