Mississippi Code
Miss. Code Ann. § 67-1-83 (2026)
Other prohibited sales; penalty
✓ current as of July 2026
- (1) It shall be unlawful for any permittee or any employee or agent thereof to sell or furnish any alcoholic beverage to any person who is visibly intoxicated, or to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs. It shall also be unlawful for the holder of any package retailer's permit to sell any alcoholic beverages except by delivery in person to the purchaser at the place of business of the permittee, unless the holder of a package retailer's permit also holds a delivery service permit or uses a delivery service permittee to effect delivery.
- (2) It shall be unlawful for any permittee or any employee or agent thereof to sell or furnish any alcoholic beverage to any person to whom the department has, after investigation, decided to prohibit the sale of those beverages because of an appeal to the department so to do by the husband, wife, father, mother, brother, sister, child, or employer of the person. The interdiction in those cases shall last until removed by the department, but no person shall be held to have violated this subsection unless he has been informed by the department, by registered letter, that it is forbidden to sell to that individual or unless that fact is otherwise known to the permittee or its employee or agent.
- (3) It shall be unlawful for any holder of a package retailer's permit, or any employee or agent thereof, engaged solely in the business of package retail sales under this article to sell or furnish any alcoholic beverage before 10:00 a.m. and after 10:00 p.m. or to sell alcoholic beverages on Sunday and Christmas Day.
- (4) Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term of not more than six (6) months, or by both that fine and imprisonment, in the discretion of the court. In addition to any other penalties prescribed by law, the commission may immediately revoke the permit of any permittee who violates the provisions of this section.
Codes, 1942, § 10265-32; Laws, 1966, ch. 540, § 32; Laws, 1972, ch. 508, § 1; Laws, 1977, ch. 485; Laws, 1986, ch. 486, § 2; Laws, 1989, ch. 384, § 2; Laws, 2008, ch. 442, § 18, eff. 7/1/2008.
Amended by Laws, 2021, ch. 442, HB 1135,§ 4, eff. 7/1/2021.
Amended by Laws, 2021, ch. 402, HB 667,§ 1, eff. 7/1/2021.
Notes of Decisions
Cited in 10
cases, 1986–2020 · leading case: Bridges v. Park Place Ent., 860 So. 2d 811 (Miss. 2003).
Bridges v. Park Place Ent., 860 So. 2d 811 (Miss. 2003). “The two statutes at issue in this suit are Miss.Code Ann. §§ 67-1-83 (Rev.2001) and 67-3-73 (Rev.”
Penn Nat. Gaming, Inc. v. Ratliff, 954 So. 2d 427 (Miss. 2007). “Louis casino in violation of this state's "dram shop law," Miss.Code Ann. § 67-1-83 (Rev.2005), which prohibits sale of alcohol to persons who are visibly intoxicated.”
Cuevas v. Royal D'Iberville Hotel, 498 So. 2d 346 (Miss. 1986). “Cuevas originally alleged that the hotel was liable on two grounds: (1) by maintaining a substandard, low rail; and, (2) by furnishing her with alcoholic beverages at a time when she was visibly intoxicated, thereby violating Miss. Code Ann. § 67-1-83 (1) (Supp. 1985).”
Donald F. Wilson, by & Through His Mother, Guardian & Next Friend, Linda C. Wilson v. United States Fid. & Guar. Ins. Co., 830 F.2d 588 (5th Cir. 1987). “2d at 528 ; see Miss. Code Ann. § 67-1-83 (1) (Supp.1986).”
Main v. Off. Depot, Inc., 914 F. Supp. 1413 (S.D. Miss. 1996). “1986), the plaintiff asserted that defendant violated Miss.Code Ann. § 67-1-83(1) (1972) by serving her alcoholic beverages while she was visibly intoxicated.”
William Bridges v. Park Place Ent. (Miss. 2002). “The two statutes at issue in this suit are Miss. Code Ann. §§ 67-1-83 (Rev. 2001) and 67-3-73 (Rev.”
Glenn v. Imperial Palace of Mississippi, L.L.C., 575 F. App'x 475 (5th Cir. 2014). “They further argue that Cuevas does not apply because it “addressed only Miss. Code Ann. § 67-1-83 (1982) and whether the Legislature intended by this specific statute to protect adult intoxicants.”
Lynn Fitch, Attorney Gen. of the State of Mississippi, ex rel., the State of Mississippi & Comm'r of Revenue Herb Frierson & Mississippi Dep't of Revenue v. Wine Express Inc., Bottle Deals Inc. & Gold Medal Wine Club (Miss. 2020). “Miss. Code Ann. § 67-1-83 (1) (Rev. 2012) (“It shall also be unlawful for the holder of any package retailer’s permit to sell any alcoholic beverages except by delivery in person to the purchasers at the place of business of the permittee.”
Penn Nat'l Gaming, Inc. v. Jeff Ratliff (Miss. 2005). “Louis casino in violation of this state’s “dram shop law,” Miss. Code Ann. § 67-1-83 (Rev. 2005), which prohibits sale of alcohol to persons who are visibly intoxicated.”
Penn Nat'l Gaming, Inc. v. Jeff Ratliff (Miss. 2005). “Louis casino in violation of this state’s “dram shop law,” Miss. Code Ann. § 67-1-83 (2006), which prohibits sale of alcohol to persons who are visibly intoxicated.”
— Miss. Code Ann. § 67-1-83(1) — 4 cases
Penn Nat. Gaming, Inc. v. Ratliff, 954 So. 2d 427 (Miss. 2007). “Louis casino in violation of this state's "dram shop law," Miss.Code Ann. § 67-1-83 (Rev.2005), which prohibits sale of alcohol to persons who are visibly intoxicated.”
Bridges v. Park Place Ent., 860 So. 2d 811 (Miss. 2003). “The two statutes at issue in this suit are Miss.Code Ann. §§ 67-1-83 (Rev.2001) and 67-3-73 (Rev.”
Main v. Off. Depot, Inc., 914 F. Supp. 1413 (S.D. Miss. 1996). “1986), the plaintiff asserted that defendant violated Miss.Code Ann. § 67-1-83(1) (1972) by serving her alcoholic beverages while she was visibly intoxicated.”
Glenn v. Imperial Palace of Mississippi, L.L.C., 575 F. App'x 475 (5th Cir. 2014). “They further argue that Cuevas does not apply because it “addressed only Miss. Code Ann. § 67-1-83 (1982) and whether the Legislature intended by this specific statute to protect adult intoxicants.”
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