What Are Mississippi's Nightclub Laws?
- Mississipi's prohibition laws make these hard to find there.neon signs mix image by Stasys Eidiejus from Fotolia.com
According to ninemsn.com, Mississippi is one of the "world's worst places to go for a drink." (See References 1) If you're planning a trip to Mississippi and want to include evenings at nightclubs providing food and entertainment along with social drinking, you will need to heed this caveat. The reason nightclubs are so difficult to find in Mississippi is because Mississippi has never fully repealed the statewide prohibition on the "manufacture, sale and distribution of liquor." (See References 2) - In 1966 Mississippi ended statewide prohibition by giving counties the right to vote themselves "out from under" prohibition. (See References 2) This Local Option Law revived nightclub activity in Mississippi by allowing clubs in these districts to sell alcohol for consumption on-premises only. Counties where voters have approved a referendum to allow the manufacture, sale and distribution of alcohol are called wet counties. Dry counties still enforce prohibition. According to potsdam.edu, almost one-half of Mississippi's 82 counties are dry and prohibit the production, sale, distribution, advertising or transportation of alcohol within their boundaries. Therefore, there are no nightclubs serving alcohol located in these municipalities. Some dry counties have "wet for beer and wine products" within local municipalities and the on-premises sale and consumption of these products is permitted here. (See References 3) In addition, "qualified resort areas" located outside wet counties and municipalities may sell beer, wine and alcohol for consumption on the premises only. (See References 4)
- The Department of Revenue administers the collection of taxes on alcohol within the state of Mississippi. (See References 5) The Alcohol Beverage Control (ABC) collects taxes, enforces shipping and licensing requirements and issues permits to nightclubs selling alcohol. (See References 5) The excise tax varies according to the type of alcohol and there is a mandatory 27.5 percent markup for retail sales. There is a weight limit on the amount of alcohol transported within the state. In addition, shipping products from dry to wet areas is a problem. According to potsdam.edu, even transporting a bottle of wine for personal use to a new address through a dry county is a problem. (See References 3) Advertising alcohol in any media in the state is strictly regulated. Nightclubs and restaurants selling alcohol on-premises may only use the word "lounge" in any off-site or outdoor advertising. (See References 6)
- Nightclubs are licensed by the ABC in accordance with Mississippi statutes. Permits are good for one year and may be revoked for violations. Nightclubs permitted in Mississippi may sell liquor for consumption on-premises under certain conditions. Managers of the club must be 21 or older. Eighteen year olds may work in nightclubs as servers and entertainers but may never purchase or consume alcohol. Those selling alcohol to nightclubs must have a solicitor's permit, and only one solicitor's permit per customer is allowed. Nightclubs selling alcohol on-premises must be located in a wet county or qualified resort area and within the proper zoning districts of the municipality. Nightclubs selling beer only may be open 24/7. Hours of operation for those serving distilled spirits, however, are limited to 10 a. m. to midnight, Monday through Saturday. Sales after midnight and on Sundays are allowed only if the Department of Revenue has extended the club's hours of operation. (See References 5)
