Mississippi

Last Revised August 2008

Chapter 09 Qualifications Of Employees And Managers

100 The permittee shall be responsible, at all times, for acts of his manager(s) and/or employee(s) which are in violation of the Alcoholic Beverage Control Laws, Rules and Regulations, and which take place at the permitted establishment, whether the permittee is present at such times or not.

101 It is further provided that the permittee shall not knowingly employ any individual who has either been convicted of a felony within the past three years immediately preceding an employment decision or who has been convicted and incarcerated for any crime within a period of one year immediately preceding an employment decision. Furthermore, a permittee shall not employ any person under the age of eighteen (18) to wait on tables, take orders for, or deliver orders of alcoholic beverages and may not employ any person under the age of twenty-one (21) to tend bar or act in the capacity of bartender.

102 Permittees are required to make an inquiry into whether an employee meets the above criteria and maintain records of this information.

103 Prior to a proposed manager assuming managerial responsibility, the permittee must obtain approval of the manager from the Alcoholic Beverage Control Division. To obtain approval of the proposed manager, the permittee must file the following forms:
1. Application for change in manager or assistant manager’s name on alcoholic beverage license;
2. Personal Record Form, ABCD-1001;
3. Two fingerprint cards;
4. The applicable processing fee, in certified funds, for submission of fingerprints to the FBI.

104 In addition, each manager applicant must possess all qualifications required of a permittee. Manager identification cards may be suspended or revoked for valid cause.

105 The Commission may impose fines, or may suspend or revoke the permit(s) of any permittee in violation of this regulation.

Frequent Questions:

My business is ABC-licensed. Must my employees also be licensed? Effective March 3, 1999 the ABC no longer requires employee identification cards for employees of package and on-premise retailers. Owners and managers of package and on-premise retailers are required to maintain identification cards.

Persons convicted of a felony within the past three years prior to employment or jailed within the past 12 months are not eligible for employment at a permitted establishment. Permittees will be subject to administrative fines and penalties for willful employment of these ineligible persons

Can underage persons work at licensed premises?
For beer only licensed premises, anyone who is legally employed may sell or otherwise handle beer, regardless of age. The minor employee is prohibited from consuming, purchasing or otherwise personally coming into possession of beer.

For ABC or alcohol licensed premises, employment to persons under 21 is generally prohibited. However, someone at least 18 years of age may wait tables, take orders and deliver alcohol products to the table IF that is in the normal scope of his/her employment. This exception does not allow someone to serve as a bartender or manager of the premises.

At an ABC licensed premises, someone under 21 years of age may unload sealed cartons, boxes or similar shipping packages of alcohol products provided the package remains sealed at all times. Someone under 21 years of age may work as an entertainer at ABC licensed premises.

What’s the difference between beer and alcoholic beverages?
Although beer contains alcohol, it is not considered an “alcoholic beverage” in Mississippi’s local option laws and is regulated differently from distilled spirits and wine.

In Mississippi, beer is a malt-based beverage that has no more than 5% alcohol by weight. Beer that has alcohol content greater than 5% by weight is not legal in Mississippi. Products that are wine-based and the alcohol content is less than 5% by weight are regulated like beer. These are called light wine products and are seen in the market typically as wine coolers. Beer and light wine cannot be sold in package stores. Likewise, alcoholic beverages cannot be sold in convenience or grocery stores.

An alcoholic beverage is either a distilled spirit or a wine product that contains more than 5% alcohol by weight. Products that are spirit-based (liquor) and that are less than 5% by weight are not legal in Mississippi. alcoholic beverages are most often identified as items you may purchase in package stores.

What is the legal drinking age in Mississippi?
The legal drinking age for beer and/or alcohol is 21 years of age.

However, a person who is 18-21 years of age, in the presence of his parent or legal guardian, may consume beer with the consent of the parent or legal guardian. Please note that this exception is for beer only and specifically does not include hard liquor or wine products that contain more than 5% alcohol by weight.

Further, a person who is at least 18 years of age and who is serving in the U.S. military may possess and consume beer on military property where or when the consumption of beer is allowed.

Who may legally purchase alcoholic beverages in my permitted business?
In order to purchase alcoholic beverages, a patron must be at least 21 years of age, not visibly intoxicated, and not a person to whom the sale of liquor has been prohibited by the Commission. A Chancery Court order removing one's minority will not allow that person to purchase or possess alcoholic beverages.

Can children be in a bar or package store with their parents?
Yes. Persons under the age of 21 may be inside licensed premises; however, they cannot be allowed to drink or be sold alcoholic beverages. Please note that the owner of the premises may prohibit minors from their premises at the owner’s discretion.

As a permittee, how do I ensure that the person is old enough to purchase or consume beer and/or alcoholic beverages?
When any customer appears that he/she might be under 21, you or your employee should demand proof of age. When in doubt, you should refuse service.

ABC Enforcement recommends that you and your employees accept only state issued photo identification cards or US military identification cards. Mississippi issues two types of photo ID cards: driver’s license and identification cards. ABC offers training to assist you in identifying fraudulent, false, or altered ID cards. Contact ABC Enforcement (601) 856-1320 for more information or to schedule a training session.

Can a private party be held in a business after hours in which liquor is served?
A private party may be held on licensed premises after closing to the public; but, absolutely no alcoholic beverages may be served, sold, possessed or consumed on the premises except during the legal hours for operation regardless of whether the premises are open to the public or being used for a private party.

What are the legal hours of sale for beer?

Beer may be sold for off-premises consumption 24/7; however, the hours for sale for consumption off-premises may be restricted by local ordinance. Sales on Sunday may also be restricted by local ordinance.

State law establishes the hours for on-premises sales of beer from 7:00 a.m. to midnight, 7 days a week. Municipal or county governments may, by ordinance, further restrict but not extend those hours.

If the hours for selling alcoholic beverages have been extended by the State Tax Commission, then the hours for beer sales is likewise extended to the same hours of sale as alcoholic beverages for that community or resort area.

What are the legal hours of sale for alcoholic beverages?
Package stores with ABC permits may only open for business from 10:00 a.m. to 10:00 p.m, Monday through Saturday. Package stores are not allowed Sunday sales and cannot open on Christmas Day.

ABC on-premises permittees may make sales of alcoholic beverages at the permitted location between 10:00 a.m. and midnight, Monday through Saturday. Sales after midnight and Sunday sales by on-premises permittees may only occur if the hours for sale have been extended by the State Tax Commission.

ABC on-premises permittees in areas that have been granted resort status by the State Tax Commission are exempt from the above hours-of-operation restrictions. Package stores in resort areas are not exempt from the hours of operation above.