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HB 1330

Local Option Alcoholic Beverage Control Law; revise definition of "qualified resort area".

2026 Regular Session Introduced by Hank Zuber

Allows local authorities in qualified resort areas to adopt ordinances permitting package retailer permits and off-premises alcohol sales, under state oversight.

Approved by Governor
#finance #stateaffairs
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Bill Summary · HB 1330

Summary: HB 1330 (2026) – Local Option Alcoholic Beverage Control Law; revise definition of “qualified resort area”

Purpose and intent

  • The bill amends the Mississippi Local Option Alcoholic Beverage Control (ABC) framework to revise the definition of “qualified resort area” and to expand governing authorities’ powers in certain qualified resort areas.
  • The changes are designed to broaden or clarify where and how local areas approved as qualified resort areas may allow package retailers and alcohol distribution under a local ordinance.

Key provisions and changes

  1. Definition changes: “Qualified resort area” (Section 67-1-5)

    • The bill retains the long list of criteria and scenarios that can qualify an area as a “qualified resort area” but reorganizes and augments the definitions and related provisions.
    • It includes numerous specific geographic cases and conditions, some of which are highly location-specific and refer to particular parcels, roads, municipalities, counties, and development scenarios.
    • The definition confirms that an area outside incorporated municipalities can be approved as a qualified resort area by the Department of Revenue, with specified conditions and waivers.
    • It tightens or clarifies certain restrictions related to proximity to religious institutions (e.g., convents or monasteries) near certain corridors (e.g., Interstate 55 and U.S. Highway 98), and provides waivers from those restrictions if authorized by the objecting institution.

  2. Authority to issue and regulate package retail permits (New local ordinance authority) (Section 67-1-7)

    • The bill authorizes governing authorities for certain qualified resort areas to adopt ordinances that:
      • Allow package retailer permits to be issued within the applicable qualified resort areas.
      • Permit the receipt, storage, sale, possession, and distribution of alcoholic beverages in accordance with those permits.
    • This represents a shift toward local control (via ordinance) over package alcohol sales in designated resort areas, subject to department approval and existing ABC law constraints.

  3. Other consequential references and alignment

    • The bill references modifications to the Alcoholic Beverage Control Division’s structure and its interface with the Department of Revenue, maintaining consistency with the department’s regulatory oversight.
    • It preserves the broader framework of “alcoholic beverages” definitions, license types, and venue-related provisions, but aligns them with the expanded or clarified resort-area framework.

Who and what is affected

  • Qualified resort areas and their governing authorities: Localities seeking to be designated as qualified resort areas and those currently within such areas may gain enhanced local authority to regulate package beer/wine permits through ordinances.
  • Package retailers and distributors: Potential new or expanded access to obtain and operate package retailer permits within qualified resort areas, subject to department approval and local ordinances.
  • Consumers and visitors: Potential changes in where and how alcoholic beverages can be bought for off-premises consumption in resort areas, subject to local ordinances and state law.
  • Department of Revenue / ABC Division: Continues to oversee approvals, compliance, and enforcement, with new interactions at the local ordinance level for qualified resort areas.

Procedural and timeline aspects

  • The bill sets forth approval criteria and process by which areas become qualified resort areas, including explicit time-bound considerations (e.g., references to waivers and proximity constraints tied to certain dates, such as July 1, 2018 and July 1, 2020, in the existing text).
  • Notable capstone: After July 1, 2018, the Department may not approve certain areas within two miles of specified convents or monasteries, unless waived in writing by the religious institution.
  • When enacted, local authorities in eligible qualified resort areas would have the authority to adopt ordinances regarding package retailer permits and related alcohol handling within their jurisdictions, subject to state ABC definitions and Department of Revenue oversight.

Practical implications

  • The bill broadens local flexibility to manage off-premises alcohol sales in resort areas, potentially increasing tourism-related revenue and local control.
  • It adds complexity due to the extensive, highly specific resort-area criteria and parcel-level descriptions; implementation will require careful review by local officials and the Department of Revenue to determine eligibility and compliance.
  • The changes emphasize local zoning/operational oversight for package sales while preserving the overarching state regulatory framework.

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

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