Bill
SB 2143
Updates Mississippi ABC definitions, tying hotels and licenses to department-approved qualified resort areas, modernizing licensing and enforcement definitions.
Title: Local Option Alcoholic Beverage Control Law; revise definition of "qualified resort area"
Status: Approved by Governor; effective September 1, 2025
Introduced: March 10, 2025
Note on source materials
- The materials provided for this summary include text from multiple sources (including a Mississippi draft of Section 67‑1‑5 and unrelated language from an Illinois towing bill also labeled “SB 2143”). This summary focuses on the alcohol-control material that matches the bill title (Local Option Alcoholic Beverage Control Law). Where the record is incomplete or truncated, I note that you should consult the enrolled act or the official bill text for final, authoritative language.
Purpose
- The bill (as amended by Committee Amendment No. 1) replaces the existing Alcoholic Beverage Control definitional section (Miss. Code § 67‑1‑5) with an updated, consolidated set of statutory definitions that are used throughout the state’s local option alcoholic beverage laws. The stated intent is to clarify and modernize definitions used for licensing, jurisdiction, and enforcement under the Alcoholic Beverage Control framework — including how hotels, restaurants, clubs and “qualified resort areas” are treated.
Key provisions (as shown in the Committee Amendment)
- Brings forward and restates Section 67‑1‑5 of the Mississippi Code with definitions for key terms including:
- “Alcoholic beverage,” “alcohol,” “distilled spirits,” and “wine,” with specific percentage cutoffs (e.g., wines over 5% by weight; distilled spirits over 6% by weight; exclusions noted).
- “Person,” “manufacturer,” “wholesaler,” and “retailer,” clarifying roles for production, distribution and retail sale.
- “State Tax Commission” / “department” defined as the Department of Revenue and establishing an Alcoholic Beverage Control Division within it.
- “Hotel” — defined to include establishments within municipalities or “within a qualified resort area approved as such by the department,” with room-count thresholds (at least 20 rooms generally; 50 rooms in towns/cities over 25,000 population) and dining-room requirements where applicable. The definition expressly includes businesses that meet the “bed and breakfast inn” definition.
- “Restaurant” — defined by bona fide meal service and by revenue/food-value thresholds (generally 25% of revenue from food to qualify), and special provisions for privately owned businesses in historic districts that provide significant live entertainment (larger occupancy and square‑foot thresholds).
- “Club” — criteria for nonprofit clubs (organizational longevity, membership dues, governance structures, limits on profit from alcohol sales), and filing requirements with the department for membership lists and organizational documents.
- The amendment is a “strike-all / replace” approach: it replaces previous bill text with the comprehensive definitions section. The provided document is truncated and does not show an explicit standalone new definition labeled “qualified resort area,” but the hotel definition ties hotel licensing to resort areas “approved as such by the department.”
Who is affected
- Businesses seeking alcoholic beverage licenses or operating under local option alcohol laws, including:
- Hotels, motels, bed & breakfasts and resorts (particularly those in areas the Department of Revenue may designate as “qualified resort areas”).
- Restaurants and private clubs that apply for licenses or rely on statutory definitions for off‑premise/on‑premise sales.
- Manufacturers, wholesalers and retailers regulated under state alcohol law.
- Local governments and the Department of Revenue (Alcoholic Beverage Control Division) — the department’s approval role and enforcement depend on these definitions.
- Consumers and visitors in municipalities and designated resort areas (via potential changes to who may be licensed to sell/serve alcohol).
Procedural and timeline highlights
- Committee Amendment No. 1 was adopted (strike-all and replace).
- The bill passed both houses, was signed by the Governor on June 20, 2025, and is effective September 1, 2025.
- Because the public text provided is truncated, stakeholders should review the enrolled/official version effective 9/1/25 for complete, operative language (particularly any explicit language defining “qualified resort area” and any transitional or implementation rules).
Recommendation
- Consult the final enrolled act (and Department of Revenue guidance after enactment) for the complete definitions and any implementing regulations that may clarify how the department will approve “qualified resort areas” and apply the updated definitions in licensing decisions.
Compiled from official sources — confirm details with the bill’s official record.
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