Mississippi Code

Miss. Code Ann. § 67-1-7 (2026)

General applicability of article

✓ current as of July 2026

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(1) Except as otherwise provided in Section 67-9-1 for the transportation and possession of limited amounts of alcoholic beverages for the use of an alcohol processing permittee, and subject to all of the provisions and restrictions contained in this article, the manufacture, sale, distribution, and transportation of alcoholic beverages shall be lawful, subject to the restrictions hereinafter imposed, in those counties and municipalities of this state in which, at a local option election called and held for that purpose under the provisions of this article, a majority of the qualified electors voting in such election shall vote in favor thereof.
Beginning on April 16, 2021, except as otherwise provided in Section 67-1-51 for holders of a caterer's permit, the manufacture, sale and distribution of alcoholic beverages shall not be permissible or lawful in counties except in (a) incorporated municipalities located within such counties, (b) qualified resort areas within such counties approved as such by the department, or (c) clubs within such counties, whether within a municipality or not. However, any permits issued by the department between July 1, 2020, and April 15, 2021, for the manufacture, sale and distribution of alcoholic beverages, whether or not issued to permittees in such municipalities, qualified resort areas or clubs, shall be eligible for renewal on or after April 16, 2021.
The manufacture, sale, distribution and possession of native wines or native spirits shall be lawful in any location within any such county except those locations where the manufacture, sale or distribution is prohibited by law other than this section or by regulations of the department. However, n otwithstanding this provision, municipalities that have voted in favor of coming out from under the dry law may enforce such proper rules and regulations for fixing zones and territories to promote public health, morals, and safety, as they may by ordinance provide. The board of supervisors of any county that has voted in favor of coming out from under the dry law may make such rules and regulations as to territory outside of municipalities as are herein provided for municipalities.
Notwithstanding the provisions of any other law, municipalities may enforce such proper location of package retailer stores within the municipality by application of a properly adopted zoning ordinance.

(2) Notwithstanding the foregoing, within any state park or any state park facility that has been declared a qualified resort area by the department, and within any qualified resort area as defined under Section 67-1-5(o)(iii), an on-premises retailer's permit may be issued for the qualified resort area, and the permittee may lawfully sell alcoholic beverages for consumption on his licensed premises regardless of whether or not the county or municipality in which the qualified resort area is located has voted in favor of coming out from under the dry law, and it shall be lawful to receive, store, sell, possess and consume alcoholic beverages on the licensed premises, and to sell, distribute and transport alcoholic beverages to the licensed premises. Moreover, the governing authorities of a municipality in which a qualified resort area defined under Section 67-1-5(o)(iii)5, 7, 21, 39 or 46 is located, the Pearl River Valley Water Supply District Board which governs the qualified resort area defined under Section 67-1-5(o)(iii)8.a.A, the board of supervisors of the county in which qualified resort area defined under Section 67-1-5(o)(iii)8.a.B and C is located, and the board of supervisors of a county in which a qualified resort area defined under Section 67-1-5(o)(iii)44 or 80 is located, may, by ordinance or resolution, provide that package retailer's permits may be issued in the applicable qualified resort area, and that it shall be lawful to receive, store, sell, possess and distribute alcoholic beverages in accordance with such package retailer's permits.

Codes, 1942, § 10265-04; Laws, 1966, ch. 540, § 4; Laws, 1976, ch. 467, § 13; Laws, 1990, ch. 569, § 4; Laws, 1994, ch. 558, § 21; Laws, 1996, ch. 417, § 1; Laws, 2004, ch. 397, § 2; Laws, 2006, ch. 529, § 6; Laws, 2008, ch. 366, § 2; Laws, 2009, ch. 558, § 3, eff. 5/26/2009 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).

Amended by Laws, 2024, ch. 532, SB 2803,§ 2, eff. 7/1/2024.

Amended by Laws, 2024, ch. 478, HB 776,§ 1, eff. 7/1/2024.

Amended by Laws, 2023, ch. 525, HB 535,§ 3, eff. 7/1/2023.

Amended by Laws, 2021, ch. 388, SB 2606,§ 8, eff. 7/1/2021.

Amended by Laws, 2021, ch. 456, SB 2807,§ 1, eff. 4/16/2021.

Amended by Laws, 2020, ch. 458, SB 2253,§ 2, eff. 7/1/2020.

Amended by Laws, 2020, ch. 423, HB 1087,§ 2, eff. 7/1/2020.

Notes of Decisions

Cited in 5 cases, 1983–2010 · leading case: Ryals v. Bd. of Supervisors of Pike Cnty., 48 So. 3d 444 (Miss. 2010).

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Ryals v. Bd. of Supervisors of Pike Cnty., 48 So. 3d 444 (Miss. 2010). · cites it 6× “The aggrieved business owners, Wendy Ryals and Ronald Perry (business owners), argue that, since possession of light wines and beer, as well as possession of alcoholic beverages greater than five-percent alcohol, is legal in Pike County, then the Board's prohibition on…”

Maynard v. City of Tupelo, 691 So. 2d 385 (Miss. 1997). · cites it 4× “Miss. Code Ann. § 67-1-7 provides that: Subject to all the provisions and restrictions contained in this Chapter, the manufacture, sale, distribution, possession and transportation of alcoholic beverages shall be lawful, subject to the restrictions hereinafter imposed, in those…”

Dunagin v. City of Oxford, 718 F.2d 738 (5th Cir. 1983). “The illegality argument is based on the fact that nearly half of the counties in the state are dry, and the fact that even in the wet counties, the manufacture, sale and distribution of liquor are only legal in limited areas — municipalities, qualified resort areas and clubs,…”

Wendy Ryals v. Bd. of Supervisors of Pike Cnty., Mississippi (Miss. 2008). · cites it 3× “Miss. Code Ann. § 67-1-7 (1) (Rev. 2005).”

Renee Maynard v. City of Tupelo (Miss. 1993). · cites it 3× “Miss. Code Ann. § 67-1-7 refers solely to the "possession" of alcoholic beverages and does not mention consumption.”

— Miss. Code Ann. § 67-1-7(1) — 1 case

Ryals v. Bd. of Supervisors of Pike Cnty., 48 So. 3d 444 (Miss. 2010). “The aggrieved business owners, Wendy Ryals and Ronald Perry (business owners), argue that, since possession of light wines and beer, as well as possession of alcoholic beverages greater than five-percent alcohol, is legal in Pike County, then the Board's prohibition on…”

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