Municipalities may enforce such proper rules and regulations for fixing zones and territories, prescribing hours of opening and of closing, and for such other measures as will promote public health, morals, and safety, as they may by ordinance provide. The board of supervisors of any county may make such rules and regulations as to territory outside of municipalities as are herein provided for municipalities.
Nothing in this chapter shall prohibit the governing body of any municipality from designating what territory surrounding churches and schools in said municipalities, and the board of supervisors of any county from designating what territory surrounding churches and schools outside of any municipality, in which light wines, light spirit products and beer shall not be sold or consumed.
Codes, 1942, §§ 10224, 10228; Laws, 1934, ch. 171.
Amended by Laws, 2020, ch. 314, HB 917,§ 31, eff. 6/18/2020.
Notes of Decisions
Collins v. City of Hazlehurst, 709 So. 2d 408 (Miss. 1997).
· cites it 12× “Miss. Code Ann. § 67-3-65 provides, "[m]unicipalities may enforce such proper rules and regulations for fixing zones and territories, prescribing hours of opening and of closing, and for such other measures as will promote public health, morals, and safety, as they may by…”
Ryals v. Bd. of Supervisors of Pike Cnty., 48 So. 3d 444 (Miss. 2010).
· cites it 8× “In doing so, the Court stated: This Court finds the City correctly adopted its ordinance under the authority of Miss.Code Ann. § 67-3-65. "The police power confers upon the states and local governmental units broad regulatory authority over public health, welfare, and morals.”
Steverson v. City of Vicksburg, Miss., 900 F. Supp. 1 (S.D. Miss. 1994).
· cites it 6× “Accordingly, PlaintifPs claim on this issue must fail. C. Twenty-First Amendment Plaintiff argues that the City has no authority to prohibit the exposure of “specified anatomical areas” or “specified sexual activities” where alcoholic beverages, light wine, or beer are sold or…”
Maynard v. City of Tupelo, 691 So. 2d 385 (Miss. 1997).
· cites it 2× “Miss. Code Ann. § 67-3-65 , for example, provides that municipalities may "enforce such proper rules and regulations for fixing zones and territories, prescribing hours of opening and of closing, and for such other measures as will promote public health, morals, and safety, as…”
Roy Lee Davidson v. City of Clinton, Mississippi, 826 F.2d 1430 (5th Cir. 1987).
“The board of supervisors of any county may make such rules and regulations as to territory outside of municipalities as are herein provided for municipalities.”
Delphi Oil, Inc. v. Forrest Cnty. Bd. of Supervisors, 114 So. 3d 719 (Miss. 2013).
· cites it 2× “The Court held that it was within the city’s authority to regulate alcoholic beverages within the community under Mississippi Code Section 67-3-65. Id. at 388 . The Court further found that the Legislature had not preempted the entire area of law relating to alcohol.”
Sharlet Belton Collins v. City of Hazlehurst, Mississippi (Miss. 1995).
· cites it 12× “Miss. Code Ann. § 67-3-65 provides, " [m]unicipalities may enforce such proper rules and regulations for fixing zones and territories, prescribing hours of opening and of closing, and for such other measures as will promote public health, morals, and safety, as they may by…”
Wendy Ryals v. Bd. of Supervisors of Pike Cnty., Mississippi (Miss. 2008).
· cites it 4× “In doing so, the Court stated: This Court finds the City correctly adopted its ordinance under the authority of Miss. Code Ann. § 67-3-65 . “The police power confers upon the states and local governmental units broad regulatory authority over public health, welfare, and morals.”
Renee Maynard v. City of Tupelo (Miss. 1993).
· cites it 2× “Miss. Code Ann. § 67-3-65 , for example, provides that municipalities may "enforce such proper rules and regulations for fixing zones and territories, prescribing hours of opening and of closing, and for such other measures as will promote public health, morals, and safety, as…”
Collins v. City of Hazlehurst, Mississippi, 151 F. Supp. 2d 749 (S.D. Miss. 2001).
“§ 67-3-65, which specifically gave municipalities the power to enact “measures [that] will promote public health, morals, and safety.”
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