Mississippi Advisory Opinions December 01, 2000: AGO 000014119 (December 1, 2000)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000014119
Date: Dec. 1, 2000
Advisory Opinion Text
AGO 000014119.
DOCK 2000-0699
AUTH Phil Carter
DATE 20001201
RQNM Jimmy Miller
SUBJ Elections - Local Option - Beer & Wine - Liquor
SBCD 76-A
TEXT Jimmy L. Miller, Esquire
Attorney for Town of Crowder
Post Office Box 209
Marks, Mississippi 38646
Dear Mr. Miller:
Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. A copy of your letter is attached for reference.
You present six questions regarding a possible local option referendum on whether or not to allow the sale of beer within the corporate limits of the Town of Crowder. The threshold question is whether the municipality may lawfully conduct such a referendum upon the presentation of a petition by the municipal qualified electors requesting same.
You state in your letter that the Town of Crowder has a population of less than 2,500 people, according to the most recent federal census. Based on the plain wording of Mississippi Code Annotated, Section 67-3-9 (Supp. 2000) and prior opinions, a municipality with a population of less than 2,500 according to the latest federal census is not authorized to conduct a local option referendum on the question of whether or not to permit the sale of beer. See MS AG Op., Zumbro (January 12, 1981), a copy of which is enclosed.
Since, in our opinion, the Town of Crowder may not lawfully conduct a local option referendum on the sale of beer, your questions based on the assumption that such a referendum may be conducted are rendered moot.
You state in your letter that the Town of Crowder is situated partially within Quitman County and partially within the second judicial district of Panola County. You then inquire as to what effect a local option referendum on the sale of beer conducted by one or both of those counties would have on the Town of Crowder. It is our opinion that the portion of the Town of Crowder situated within Quitman County would be subject to and controlled by the results of a referendum lawfully conducted in Quitman County. Likewise, it is our opinion that the portion of the Town of Crowder situated within Panola County would be subject to and controlled by the results of a referendum lawfully conducted in Panola County. See MS AG Op., Logan (September 3, 1999), a copy of which is enclosed.
Sincerely,
MIKE MOORE
ATTORNEY GENERAL
By: Phil Carter
Special Assistant Attorney General
/pc
Enclosure