Mississippi Advisory Opinions August 03, 1979: 19790803 (August 03, 1979)
Collection: Mississippi Attorney General Opinions
Docket: 19790803
Date: Aug. 3, 1979
Advisory Opinion Text
Mrs. Linda S. Coomer
City Clerk
Horn Lake, Mississippi 38637
Dear Mrs. Coomer:
Attorney General Summer has received your opinion request dated July 24, 1979 and has assigned it to me for response, your letter stating:
‘Please find enclosed a copy of the amended regulations concerning the selling of alcoholic beverages by liquor stores, hotels, restaurants, etc., in Municipalities when a special election is held. However, this regulation does not cover the selling of beer from grocery stores.
‘I shall appreciate a ruling from your office concerning the selling of beer when a special election is held. Please be advised that I am referring to special elections where no candidates are involved.’
And to which letter you attach a print copy of Regulation No. 12 of the Alcoholic Beverage Control Division of the State Tax Commission relative to sale of alcoholic beverages on election day and making it unlawful so to do.
Section 67–1–5(a), Mississippi Code of 1972, as amended, statutorily defines ‘alcoholic beverage’ as:
‘. . . . any alcoholic liquid, including wines of more than four per cent (4%) of alcohol by weight, capable of being consumed as a beverage by the human being, but shall not include wine containing four percent (4%) or less of alcohol by weight and shall not include beer containing not more than four percent (4%) by weight, as provided for in § 67–3–5, but shall include native wines.’
You advised by telephone that your county is ‘dry’ as to beer (and wines).
In the absence of an ordinance to the contrary, the cited regulation in itself (which has been codified in part as § 67–1–83(3)) does not apply to ‘the selling of beer when a special election is held’ or otherwise.
Hoping the above will be of some guidance to you and thanking you for giving this office this opportunity to be of assistance, I remain
Yours very truly,
A. F. Summer, Attorney General.
Richard M. Allen Special Assistant Attorney General.