This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Governing Liquor Authority for the state of Mississippi

Governing Liquor Authority for the state of Mississippi:

• The state’s governing liquor authority is the Mississippi State Tax Commission, Alcoholic Beverage Control Division referred to as the ABC.
• The phone number for the ABC is: 601-856-1301.
• The website for the ABC is: http://www.mstc.state.ms.us/abc/main.htm.

• The State Legislature is the body responsible for enacting the state’s alcohol laws.
• Responsible alcohol service training is voluntary. Licensees are encouraged to contact the county in which their business is located in case the local county or municipal liquor authority has any training requirements of their own.

• Posting of alcohol warning signs is not a state requirement. Local ordinances should be consulted.

Liquor License and Alcohol Beverage Laws for the State of Mississippi

The ABC requires:

• Licensees to uphold all the liquor laws for the state of Mississippi.

• Licensees to also be knowledgeable of and abide by any local ordinances as well.

Licensees are prohibited from:

• Requiring proof of purchase of an alcoholic drink as part of a promotion.
• Selling bottles of alcohol to a customer. However, bottles of wine and champagne are allowed.

Licensees are allowed to:

• Offer a food and drink combination for a special price.

Licensees are required to:

• Serve all drinks to the customer.

The following are the general service hours for alcoholic beverages in the state of Mississippi (local ordinances should always be consulted):

• On-Premise Establishments may sell and serve alcohol Monday – Saturday from 10am to midnight. Sales on Sunday are prohibited.
• Off-Premise licensees and retail stores may sell alcohol Monday – Saturday from 10am to 10pm. Sales on Sunday and Christmas Day are prohibited.

Identification

Under Mississippi law:

·         A licensee may accept any valid government issued ID such as a drivers license.

·         The state does not regulate the confiscating of false IDs. Licensees are encouraged to contact local law enforcement to report any violations.

Laws Regarding Age

Under Mississippi law:

• A person must be at least 21 years old to purchase and consume alcohol.
• It is illegal to sell or serve alcohol to a minor.
• The state does not regulate the entry of minors onto the premises of a licensed establishment.
• The minimum age for employment is 18 years of age.
• The minimum age to work as a busboy or a barbacks in On-Premise establishments is 18 years of age.

Dram Shop Laws for the State of Mississippi

Dram Shop Liability:

• Mississippi recognizes consumption of alcohol to be the proximate cause of injury or damages due to the actions of intoxicated customers rather than the service of alcohol. The licensee and/or employees are only held liable if they:

o        Served a visibly intoxicated person.

o        Forced a customer to consume alcohol or contributed to forcing them.

o        Represented falsely that an alcoholic drink did not contain any alcohol.

 ADDENDUM: MISSISSIPPI’S DRAM SHOP LAW

§ 67-3-73. Immunity from liability of persons who lawfully furnished or sold intoxicating beverages to one causing damage.

(1)     The Mississippi Legislature finds and declares that the consumption of intoxicating beverages, rather than the sale or serving or furnishing of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person.

(2)     Notwithstanding any other law to the contrary, no holder of an alcoholic beverage, beer or light wine permit, or any agent or employee of such holder, who lawfully sells or serves intoxicating beverages to a person who may lawfully purchase such intoxicating beverages, shall be liable to such person or to any other person or to the estate, or survivors of either, for any injury suffered off the licensed premises, including wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were sold or served.

(3)     Notwithstanding any other law to the contrary, no social host who serves or furnishes any intoxicating beverage to a person who may lawfully consume such intoxicating beverage shall be liable to such person or to any other person or to the estate, or survivors of either, for any injury suffered off such social host’s premises, including wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were served or furnished. No social host who owns, leases or otherwise lawfully occupies a premises on which, in his absence and without his consent, intoxicating beverages are consumed by a person who may lawfully consume such intoxicating beverage shall be liable to such person or to any other person or to the estate, or survivors of either, for any injury suffered off the premises, including wrongful death and property damage, because of the intoxication of the person who consumed the intoxicating beverages.

(4)     The limitation of liability provided by this section shall not apply to any person who causes or contributes to the consumption of alcoholic beverages by force or by falsely representing that a beverage contains no alcohol, or to any holder of an alcoholic beverage, beer or light wine permit, or any agent or employee of such holder when it is shown that the person making a purchase of an alcoholic beverage was at the time of such purchase visibly intoxicated.

Sources: Laws, 1987, ch. 451, eff from and after April 3, 1987 (became law without Governor’s signature on April 3, 1987).