Bill Text: MS HB762 | 2019 | Regular Session | Introduced
Bill Title: Alcoholic beverages; revise penalties for sale to visibly intoxicated or certain other persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB762 Detail]
Download: Mississippi-2019-HB762-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Ways and Means
By: Representative DeLano
House Bill 762
AN ACT TO AMEND SECTION 67-1-83, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR SALE OF ALCOHOLIC BEVERAGES BY A PERMITTEE OR OTHER PERSON TO A PERSON WHO IS VISIBLY INTOXICATED OR TO WHOM THE DEPARTMENT HAS PROHIBITED THE SALE OF ALCOHOLIC BEVERAGES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 67-1-83, Mississippi Code of 1972, is amended as follows:
67-1-83. (1) It shall be unlawful for any permittee or other person to sell or furnish any alcoholic beverage to any person who is visibly intoxicated, or to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs. It shall also be unlawful for the holder of any package retailer's permit to sell any alcoholic beverages except by delivery in person to the purchaser at the place of business of the permittee.
(2) It shall be unlawful
for any permittee or other person to sell or furnish any alcoholic beverage to
any person to whom the * * *
department has, after investigation, decided to prohibit the sale of
those beverages because of an appeal to the * * * department so to do by the
husband, wife, father, mother, brother, sister, child, or employer of the
person. The interdiction in those cases shall last until removed by the * * * department, but no person
shall be held to have violated this subsection unless he has been informed by
the * * *
department, by registered letter, that it is forbidden to sell to that
individual or unless that fact is otherwise known to the permittee or other
person.
(3) It shall be unlawful for any holder of a package retailer's permit, or any employee or agent thereof, engaged solely in the business of package retail sales under this chapter to sell or furnish any alcoholic beverage before 10:00 a.m. and after 10:00 p.m. or to sell alcoholic beverages on Sunday and Christmas Day.
(4) Any person who violates
any of the provisions of this section shall be guilty of a misdemeanor and,
upon conviction, shall be punished by: * * *
(a) For a first offense, a fine of not more than Five Hundred Dollars ($500.00).
(b) For a second or subsequent offense, a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00).
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
