Current through the 2024 Regular Session
Section 27-71-301 - DefinitionsWhen used in this article the words and terms hereafter mentioned shall have the following definitions:
(a) "State Auditor" means the State Auditor of Public Accounts of the State of Mississippi or any legally appointed deputy, clerk or agent.(b) "Person" includes all natural persons or corporations, a partnership, an association, a joint venture, an estate, a trust, or any other group or combination acting as a unit and shall include the plural as well as the singular unless an intention to give another meaning thereto is disclosed in the context.(c) "Consumer" means a person who comes into the possession of beer, light spirit product or light wine, the sale of which is authorized by Chapter 3 of Title 67, Mississippi Code of 1972, for the purpose of consuming it, giving it away or otherwise disposing of it in any manner except by sale, barter or exchange.(d) "Retailer" means any person who comes into the possession of such light wines, light spirit products or beer for the purpose of selling it to the consumer, or giving it away, or exposing it where it may be taken or purchased or acquired in any other manner by the consumer. The term "retailer" shall include small craft breweries and microbreweries; however, the term "retailer" shall not include a person who offers and provides beer on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47.(e) "Wholesaler" means any person who comes into possession of such light wine, light spirit product or beer for the purpose of selling, distributing, or giving it away to retailers or other wholesalers or dealers inside or outside of this state.(f) "Commissioner" means the Commissioner of Revenue of the Department of Revenue or his duly appointed agents or employees.(g) "Sale" includes the exchange of such light wines, light spirit products or beer for money, or giving away or distributing any such light wines, light spirit products or beer for anything of value; however, the term "sale" shall not include beer offered and provided on the premises of a brewery for the purpose of tasting or sampling as authorized in Section 67-3-47.(h) "Light wines, light spirit products or beer" means beer, light spirit products and light wines legalized for sale by the provisions of Chapter 3 of Title 67, Mississippi Code of 1972.(i) "Distributor" includes every person who receives either from within or from without this state, from a brewery, a winery or any other source, light wines, light spirit products or beer as defined in Chapter 3 of Title 67, Mississippi Code of 1972, for the purpose of distributing or otherwise disposing of such light wines, light spirit products or beer to a wholesaler or retailer of such light wines, light spirit products or beer.(j) "Brewpub" means the premises of any location in which light wine, light spirit product or beer is manufactured or brewed, for retail sale if the total amount of light wine, light spirit product or beer produced on the premises does not exceed the production limitation imposed in Section 67-3-22, and the light wine, light spirit product or beer is produced for consumption on the premises, although without prohibition on sales for off-premises consumption.(k) "Hospitality cart" means a mobile cart from which alcoholic beverages and light wine, light spirit product and beer are sold on a golf course and for which a hospitality cart permit has been issued under Section 67-1-51.(l) "Small craft brewery" shall have the meaning ascribed to such term in Section 67-3-3.(m) "Manufacturer" means a person who brews beer at a brewery; however, the term does not include "brewpubs."(n) "Microbrewery" shall have the meaning ascribed to such term in Section 67-3-3.Codes, 1942, § 10237; Laws, 1934, ch. 127; Laws, 1998, ch. 308, § 1; Laws, 2007, ch. 462, § 7; Laws, 2009, ch. 492, § 112; Laws, 2012, ch. 569, § 4, eff. 7/1/2012.Amended by Laws, 2021, ch. 450, HB 1091,§ 1, eff. 7/1/2021.Amended by Laws, 2020, ch. 347, SB 2552,§ 3, eff. 7/1/2020.Amended by Laws, 2020, ch. 314, HB 917,§ 48, eff. 6/18/2020.Amended by Laws, 2017, ch. 345, HB 1322, 8, eff. 7/1/2017.