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2020 Op. Miss. Att'y Gen. 1 (2020)

handle is hein.sag/sagms0093 and id is 1 raw text is: 



                                 STATE OF MISSISSIPPI





                                     JIM HOOD
                                ATTORNEY  GENERAL
                                                                          OPINIONS
                                                                          DIVISION

                                  January 3, 2020



The Honorable  Michael Price
Alderman  at Large
Town  of Sardis
Post Office Box 306
Sardis, Mississippi 38666

Re: Regulation   of on-premise consumption of beer and light wine

Dea  Alderman  Price

Attorney General Jim Hood received your letter of request and assigned it to me for
research and reply,

                                   Background

You state that the Town of Sardis has an ordinance that provides that light wine and
beer may  not be sold for consumption on-premise despite a permit from the state
Department  of Revenue unless a permit is also obtained from the State ABC
Commission  for the sale of on-premise consumption of alcoholic beverages (liquor).

                                 Issue Presented

You ask if the Town of Sardis may require a business to get an on-premise
consumption  ABC  Liquor License from the ABC Commission  under Section 67-1-7,
despite not selling alcoholic beverages, in order to be able to sell beer and light wine for
consumption  at the same business? In other words, is the only state license required
for a business to sell beer and light wine for consumption is one issued under Section
67-3-25?  May a town require a license issued under Section 67-1-7 for the sale of beer
and light wine in addition to the license issued under Section 67-3-25?


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