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1999 Mississippi Attorney General Reports and Opinions 1321 (1999)

handle is hein.sag/sagms0035 and id is 1 raw text is: STATE OF MISSISSIPPI rA GA, OFFICE OF THE ATTORNEY GENERAL MIKE MOORE OPINION ATORNEY GENERAL DIVISION July 16, 1999 Lynda A. Gross City of Carthage 216 Massey Circle Carthage, MS 39051 Re: Beer and wine in city parks Dear Alderwoman Gross: i~Ni~ral,1~ie2M~reIs roe ivedy t I ar e d beeig6f_ he earIn ughthe SaleK~ ~~h ~i1g r1 i ead~i In response, we recently addressed this and other related issues concerning the regulation of beer and light wine within the City of Carthage in an opinion to Morris Phillips dated July 2, 1999. In summary, we opined in relevant part therein that an ordinance regulating or prohibiting the possession of open containers of beer or light wine by an individual while operating or riding in a motor vehicle, or while on public property including municipally-owned buildings or property, . . . would be within the authority of the municipality pursuant to Section 67-3-65. We further opined that pursuant to Section 67-3-65, a municipal ordinance may regulate or prohibit the possession of unopened containers of beer and wine within city parks, auditoriums and other like public areas. Of course, such an ordinance must be crafted in such a manner as to pass constitutional muster and must not run at cross purposes with the state regulatory scheme. 450 HIGH STREET - POST OFFICE BOX 220 - JACKSON, MISSISSIPPI 39205-0220 TELEPHONE (601) 359-3680 - FACSIMILE (601) 359-3796 Digitized from Best Copy Available

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