Mississippi Code

Miss. Code Ann. § 67-3-53 (2026)

Unlawful acts

✓ current as of July 2026

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In addition to any act declared to be unlawful by this chapter, or by Sections 27-71-301 through 27-71-347, and Sections 67-3-17, 67-3-27, 67-3-29 and 67-3-57, it shall be unlawful for the holder of a permit authorizing the sale of beer, light spirit product or light wine at retail or a small craft brewery selling light wine, light spirit product or beer at retail pursuant to Section 67-3-48 or for the employee of the holder of such a permit or the employee of such a brewery:

(a) To sell or give to be consumed in or upon any licensed premises or in or upon the premises of a small craft brewery any beer, light spirit product or light wine between the hours of midnight and seven o'clock the following morning or during any time the licensed premises may be required to be closed by municipal ordinance or order of the board of supervisors; however, in areas where the sale of alcoholic beverages is legal under the provisions of the Local Option Alcoholic Beverage Control Law and the hours for selling those alcoholic beverages have been extended beyond midnight for on-premises permittees under Section 67-1-37, the hours for selling beer, light spirit products or light wines are likewise extended in areas where the sale of beer, light spirit products and light wines is legal in accordance with the provisions of this chapter.

(b) To sell, give or furnish any beer, light spirit product or light wine to any person visibly or noticeably intoxicated, or to any habitual drunkard, or to any person under the age of twenty-one (21) years.

(c) To permit in the premises any lewd, immoral or improper entertainment, conduct or practices.

(d) To permit loud, boisterous or disorderly conduct of any kind upon the premises or to permit the use of loud musical instruments if either or any of the same may disturb the peace and quietude of the community in which the business is located.

(e) To permit persons of ill repute, known criminals, prostitutes or minors to frequent the licensed premises or the premises of the small craft brewery, except minors accompanied by parents or guardians, or under proper supervision.

(f) To permit or suffer illegal gambling or the operation of illegal games of chance upon the licensed premises or the premises of the small craft brewery.

(g) To receive, possess or sell on the licensed premises or, except as otherwise authorized by this chapter, on the premises of the small craft brewery any beverage of any kind or character containing more than five percent (5%) of alcohol by weight except any beer containing not more than eight percent (8%) of alcohol by weight, unless the licensee also possesses an on-premises or manufacturer's permit under the Local Option Alcoholic Beverage Control Law.

(h) To accept as full or partial payment for any product any coupons that are redeemed directly or indirectly from a manufacturer, wholesaler or distributor of light wine, light spirit product or beer.

Codes, 1942, § 10223; Laws, 1934, ch. 171; Laws, 1944, ch. 133, §§ 2-4; Laws, 1974, ch. 568; Laws, 1985, ch. 431, § 1; Laws, 1991, ch. 368, § 3; Laws, 1995, ch. 398, § 1; Laws, 1998, ch. 306, § 10; Laws, 2008, ch. 442, § 19; Laws, 2012, ch. 323, § 11; Laws, 2012, ch. 369, § 1, eff. 7/1/2012.

Amended by Laws, 2020, ch. 314, HB 917,§ 24, eff. 6/18/2020.

Amended by Laws, 2017, ch. 345, HB 1322, 5, eff. 7/1/2017.

Notes of Decisions

Cited in 27 cases (2 in the last 5 years), 1979–2026 · leading case: Delahoussaye v. Mary Mahoney's Inc., 783 So. 2d 666 (Miss. 2001).

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Delahoussaye v. Mary Mahoney's Inc., 783 So. 2d 666 (Miss. 2001). · cites it 8× “Specifically, Delahoussaye claimed that Mary Mahoney's illegally and in violation of Miss.Code Ann. § 67-3-53 (Supp.2000), served alcoholic beverages to Ronald Martin, the minor driver who caused the accident.”

Cuevas v. Royal D'Iberville Hotel, 498 So. 2d 346 (Miss. 1986). · cites it 12× “It was also held that the plaintiffs were entitled to an instruction that the defendants, who admitted violating the statute, were negligent per se, and that if the negligence proximately caused or contributed to the injury, then the plaintiffs were entitled to recover.”

Collins v. City of Hazlehurst, 709 So. 2d 408 (Miss. 1997). · cites it 15× “WHETHER THE CITY'S ORDINANCE CONFLICTS WITH A STATE STATUTE, THEREBY MAKING THE ORDINANCE VOID.”

Moore v. K & J Enter., 856 So. 2d 621 (Miss. Ct. App. 2003). · cites it 15× “Miss.Code Ann. § 67-3-53 (Rev.2001). Will Shappley purchased the alcohol for the group of minors, and was under the age of twenty-one when he did so.”

Ryals v. Bd. of Supervisors of Pike Cnty., 48 So. 3d 444 (Miss. 2010). · cites it 8× “” See Miss. Code Ann. § 67-3-53 (e) (Rev. 2005).”

Munford, Inc. v. Peterson, 368 So. 2d 213 (Miss. 1979). · cites it 4× “Mississippi Code Annotated Section 67-3-53(b) (1972) provides the following: "In addition to any act declared to be unlawful by this chapter, or by sections 27-71-301 through XX-XX-XXX, and sections 67-3-17, 67-3-27, 67-3-29 and 67-3-57, it shall be unlawful for the holder of a…”

Est. of White v. Rainbow Casino-Vicksburg P'ship, LP, 910 So. 2d 713 (Miss. Ct. App. 2005). · cites it 5× “[2] Despite this non-conformity, this Court will address the issues gleaned from the arguments of the brief as follows: (1) whether the trial court erred in granting summary judgment regarding White's claims, which stem from Mississippi Code Annotated Sections 67-3-53(b)…”

Bryant v. Alpha Ent. Corp., 508 So. 2d 1094 (Miss. 1987). · cites it 4× “Section 67-3-53, Mississippi Code Annotated (Supp.”

Delahoussaye v. Mary Mahoney's, Inc., 696 So. 2d 689 (Miss. 1997). · cites it 4× “The trial court granted summary judgment after finding that there was no supportive evidence which showed that the defendant restaurant had sold beer to a minor in violation of Miss. Code Ann. § 67-3-53 (b) so as to proximately cause plaintiff's injuries.”

Robinson v. Howard Bros. of Jackson, Inc., 372 So. 2d 1074 (Miss. 1979). · cites it 2× “The operator of the store asked the first purchaser if he was 18 years of age, but did not require proof of age or identity.”

Boutwell v. Sullivan, 469 So. 2d 526 (Miss. 1985). · cites it 2× “Mississippi Code Annotated § 67-3-53(b) (Supp. 1984), makes it unlawful for the "holder of a permit authorizing the sale of beer or wine at retail: .”

Maynard v. City of Tupelo, 691 So. 2d 385 (Miss. 1997). · cites it 2× “Miss. Code Ann. § 67-3-53 prohibits "licensed premises" from selling or giving away beer or wine between the hours of 12 midnight and 7 a.”

Show all 27 citing cases →

— Miss. Code Ann. § 67-3-53(b) — 12 cases

Cuevas v. Royal D'Iberville Hotel, 498 So. 2d 346 (Miss. 1986). “It was also held that the plaintiffs were entitled to an instruction that the defendants, who admitted violating the statute, were negligent per se, and that if the negligence proximately caused or contributed to the injury, then the plaintiffs were entitled to recover.”

Munford, Inc. v. Peterson, 368 So. 2d 213 (Miss. 1979). “Mississippi Code Annotated Section 67-3-53(b) (1972) provides the following: "In addition to any act declared to be unlawful by this chapter, or by sections 27-71-301 through XX-XX-XXX, and sections 67-3-17, 67-3-27, 67-3-29 and 67-3-57, it shall be unlawful for the holder of a…”

Moore v. K & J Enter., 856 So. 2d 621 (Miss. Ct. App. 2003). “Miss.Code Ann. § 67-3-53 (Rev.2001). Will Shappley purchased the alcohol for the group of minors, and was under the age of twenty-one when he did so.”

Est. of White v. Rainbow Casino-Vicksburg P'ship, LP, 910 So. 2d 713 (Miss. Ct. App. 2005). “[2] Despite this non-conformity, this Court will address the issues gleaned from the arguments of the brief as follows: (1) whether the trial court erred in granting summary judgment regarding White's claims, which stem from Mississippi Code Annotated Sections 67-3-53(b)…”

Delahoussaye v. Mary Mahoney's Inc., 783 So. 2d 666 (Miss. 2001). “Specifically, Delahoussaye claimed that Mary Mahoney's illegally and in violation of Miss.Code Ann. § 67-3-53 (Supp.2000), served alcoholic beverages to Ronald Martin, the minor driver who caused the accident.”

— Miss. Code Ann. § 67-3-53(e) — 1 case

Ryals v. Bd. of Supervisors of Pike Cnty., 48 So. 3d 444 (Miss. 2010). “” See Miss. Code Ann. § 67-3-53 (e) (Rev. 2005).”

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