Mississippi Advisory Opinions September 02, 1980: AGO 000001686 (September 2, 1980)

AGO 000001686.

Dear Mr. Vaughn:

Attorney General Bill Allain has received your letter and has assigned it to me for research and reply. Your letter states:

"I am writing you as City Attorney of Southaven, Mis- sissippi to inquire as to whether or not there are any steps we can take to limit and/or control the issuance of liquor permits while we are establishing zoning or- dinances and land use patterns. We are a newly incor- porated City and we understand there will be numerous permits to locate retail liquor stores in this area before we have a chance to fully study the matter.

We have also been advised by the State Tax Commission that a municipality can play no role or have any bearing whatsoever on the issuance of permits. As City Attorney, I have been asked to inquire into this matter."

Under the provisions of Chapter 1 of Title 67 of the Missis- sippi Code of 1972, Annotated, the Local Option Alcoholic Be- verage Control Law, the granting of a package retailer's permit for the sale of intoxicating liquor is solely within the power and authority of the State Tax Commission.

Incidentally, for your information, there is enclosed a copy of a letter of June 17, 1980, from this office to Honorable George E. Guerieri, State Senator, Hernando, which expresses an opinion concerning local option elections in DeSoto County for the sale of intoxicating liquor.

With kind regards, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

S. E. Birdsong, Jr. Special Assistant Attorney General

SEB,Jr./mg