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SB 2851

Alcoholic beverages; allow persons to bring onto premises with on-premise retailer's permits in certain qualified resorts.

2025 Regular Session Introduced by Josh Harkins

Allows on-premises retailers to sell wine with carryout rules and adds drive-through glass service in a defined area; expands permit types for hotels, carriers, and producers.

Approved by Governor
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Bill Summary · SB 2851

Summary — SB 2851 (2025)

Title: Alcoholic beverages; allow persons to bring onto premises with on‑premise retailer's permits in certain qualified resorts.
Status: Approved by Governor (April 10, 2025)
Introduced: March 14, 2025
Statute amended: Mississippi Code § 67‑1‑51

Purpose / Intent

SB 2851 amends § 67‑1‑51 of the Mississippi Code to revise and clarify the types of alcoholic‑beverage permits the Department may issue and to expand or clarify certain privileges tied to on‑premises and related permits — in particular, increased flexibility for patrons, retailers, and qualified resort or hospitality operations regarding service, carryout, sampling and permits issued to hotels, common carriers and specialty producers.

Key provisions (as reflected in adopted amendments)

  • Replaces and reorganizes the statutory language in § 67‑1‑51 describing permit types and associated privileges (manufacturer, package retailer, on‑premises retailer, solicitor, native wine retailer, temporary permits, etc.).
  • Clarifies/on‑affirms classes of manufacturer's permits (distiller, wine manufacturer, native wine/spirit producers).
  • Package retailer provisions:
    • Continue to authorize retail sale of sealed packages and certain nonalcoholic or accessory items.
    • Allow, with department approval, in‑store sampling of new products furnished by manufacturers’ representatives, subject to department rules.
  • On‑premises retailer provisions (notable changes/clarifications):
    • Permit sale of alcoholic beverages for consumption on licensed premises; added specific carryout/partial‑bottle rules:
    • A patron may remove one bottle of wine after consuming part of it with a meal if the bottle is securely resealed, placed in a visibly secured bag, and a dated receipt for wine and meal is available.
    • When sold as part of a carryout order, a permittee may sell one bottle of wine to be removed for every two entrees ordered.
    • Allows, in a defined local area (per text, Jefferson Davis Avenue within 1/2 mile north of US‑90 located in a leisure and recreation district under § 67‑1‑101), alcoholic beverages by the glass to be served to a patron in a vehicle via drive‑through delivery.
    • Clarifies that on‑premises retailer permits may be issued to qualified hotels, restaurants, clubs, small craft breweries, microbreweries, and common carriers with adequate passenger‑serving facilities; specifies conditions for waterborne common carriers (passenger and overnight accommodation capacity and geographic operation limits).
  • Native wine retailer provisions allow limited inclusion of non‑local alcoholic components (up to 20% by volume) in beverages served for on‑premises consumption; hours of sale align with local on‑premises rules.
  • Miscellaneous technical and organizational edits to align permit descriptions and department discretion.

Who is affected

  • Hospitality businesses (hotels, restaurants, clubs, resorts in qualified districts).
  • Small craft breweries, microbreweries and native wine/spirit producers.
  • Common carriers (including certain waterborne passenger vessels) that serve alcohol to passengers.
  • Package retailers and their customers (sampling rules).
  • Patrons (carryout of partially consumed wine, drive‑through service in specified area).
  • Mississippi Department of Revenue / Alcoholic Beverage Control (administration and licensing).

Procedural / timeline highlights

  • Introduced: 3/14/2025; passed both chambers (including conference committee activity in March 2025).
  • Enrolled and signed; approved by Governor on 4/10/2025 — statute amended accordingly.
  • Companion bill: HB 528.

Potential impacts / considerations

  • Provides greater retail flexibility (limited wine carryout, sampling, and localized drive‑through service), which may boost tourism and hospitality revenue in designated resort/leisure districts.
  • Expands clarity for issuing permits to common carriers and specialty producers, potentially facilitating alcohol service in transit and on water.
  • Local regulators and enforcement will need to apply new carryout and drive‑through exceptions consistent with statutory and department rules; municipalities and counties retain some local control over hours and legalizations.

For precise legal requirements and implementation details, consult the enacted text of the amended § 67‑1‑51 and related ADC/department regulations.

Compiled from official sources — confirm details with the bill’s official record.

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