Mississippi Advisory Opinions June 08, 1982: 19820608 (June 08, 1982)

Advisory Opinion Text

Honorable Jerry L. Mills

Attorney for City of Clinton

Postal Drawer 1550

Clinton, Mississippi 39056

Re: Elections - Local Option - Beer

Dear Mr. Mills:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“As attorney for the City of Clinton, I have been requested to seek an opinion from your office regarding the following matter. Assuming the proper petition, does § 67-3-9 of the Mississippi Code of 1972, either permit or require the calling of an election for the purpose of prohibiting or permitting the sale and receipt, storage, and transportation for the purpose of sale of beer within the municipality of Clinton? I would note that the city of Clinton has a population in excess of 2500 and that it lies within the First and Second Judicial Districts of Hinds County. The sale of beer is permitted in both judicial districts. Stated simply, can a municipality in a 'wet' county vote 'dry'?”

Mississippi Code Annotated § 67-3-9 (1972) provides in part as follows:

“Any city in this state, having a population of not less than two thousand, five hundred (2, 500) according to the latest federal census, at an election held for the purpose, under the election laws applicable to such city, may either prohibit or permit the sale and receipt, storage and transportation for the purpose of sale of beer of an alcoholic content of not more than four “per centum (4%) by weight. An election to determine whether such sale shall be permitted in cities wherein its sale is prohibited by law shall be ordered by the city council or mayor and board of aldermen or other governing body of such city for such city only, upon the presentation of a petition to such governing board containing the names of twenty per centum (20%) of the duly qualified voters of such city asking for such election. In like manner, an election to determine whether such sale shall be prohibited in cities wherein its sale is permitted by law shall be ordered by the city council or mayor and board of aldermen or other governing board of such city for such city only, upon the presentation of a petition to such governing board containing the names of twenty per centum (20%) of the duly qualified voters of such city asking for such election . No election on either question shall be held by any one city oftener than once in five years.” (Emphasis added)

In response to your inquiry, it is the opinion of this office that the above quoted statute specifically requires the governing authorities of a municipality (population 2, 500 or more), upon proper petition, to order an election to determine whether the sale of beer currently permitted by law shall be prohibited in said municipality, provided no local option election authorized by said statute has been held in the last five (5) years.

Very truly yours,

Bill Allain Attorney General.