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1999 Mississippi Attorney General Reports and Opinions 1321 (1999)

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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:
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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.
TELEPHONE (601) 359-3680 - FACSIMILE (601) 359-3796

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