Section 67-3-7 - Local option elections in county(1) If any county, at an election held for the purpose under the election laws of the state, shall by a majority vote of the duly qualified electors voting in the election determine that the transportation, storage, sale, distribution, receipt and/or manufacture of wine, light spirit product and beer shall not be permitted in such county, then the same shall not be permitted therein except as authorized under Section 67-9-1 and as may be otherwise authorized in this section. An election to determine whether such transportation, storage, sale, distribution, receipt and/or manufacture of such beverages shall be excluded from any county in the state, shall, on a petition of twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified electors of such county, be ordered by the board of supervisors of the county, for such county only. No election on the question shall be held in any one (1) county more often than once in five (5) years. In counties which have elected, or may elect by a majority vote of the duly qualified electors voting in the election, that the transportation, storage, sale, distribution, receipt and/or manufacture of wine, light spirit product or beer shall not be permitted in the county, an election may be held in the same manner as the election hereinabove provided on the question of whether or not the transportation, storage, sale, distribution, receipt and/or manufacture of said beverages shall be permitted in such county. Such election shall be ordered by the board of supervisors of such county on a petition of twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified electors of such county. No election on this question can be ordered more often than once in five (5) years.
(2) Nothing in this section shall make it unlawful to possess beer, light spirit product or light wine, as defined herein.(3) Nothing in this section shall make it unlawful to: (a) Sell, distribute and transport light wine, light spirit product or beer to a qualified resort area as defined in Section 67-1-5;(b) Sell light wine, light spirit product or beer at a qualified resort area as defined in Section 67-1-5 if such light wine, light spirit product or beer is sold by a person with a permit to engage in the business as a retailer of light wine, light spirit product or beer;(c) Transport beer of an alcoholic content of more than eight percent (8%) by weight if it is being transported to another state for legal sale in that state;(d) Transport legally purchased light wine, light spirit product or beer in unopened containers; however, this paragraph shall not apply to a retailer unless the retailer has purchased the light wine, light spirit product or beer from a wholesaler or distributor for the designated sales territory in which the retailer is located and the retailer has in his possession an invoice from the wholesaler or distributor for the light wine, light spirit product or beer; or(e) Transport homemade beer as authorized in Section 67-3-11.Codes, 1942, § 10208; Laws, 1934, ch. 171; Laws, 1942, ch. 224; Laws, 1956, ch. 252; Laws, 1958, ch. 279; Laws, 1996, ch. 417, § 9; Laws, 1998, ch. 306, § 5; Laws, 2004, ch. 397, § 5; Laws, 2012, ch. 323, § 5; Laws, 2012, ch. 501, § 3, eff. 7/1/2012.Amended by Laws, 2021, ch. 348, HB 945,§ 1, eff. 7/1/2021.Amended by Laws, 2020, ch. 423, HB 1087,§ 7, eff. 7/1/2020.Amended by Laws, 2020, ch. 314, HB 917,§ 4, eff. 6/18/2020.Amended by Laws, 2018, ch. 385, HB 192,§ 2, eff. 7/1/2018.Amended by Laws, 2013, ch. 345, SB 2183, 2, eff. 7/1/2013.