Mississippi Code

Miss. Code Ann. § 67-3-9 (2026)

Local option elections in certain municipalities

✓ current as of July 2026

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Any city in this state, having a population of not less than two thousand five hundred (2,500) according to the latest federal decennial census; or any city in this state having a population of not less than one thousand five hundred (1,500) according to the latest federal decennial census and located within three (3) miles of a city or county that permits the sale, receipt, storage and transportation for the purpose of sale of beer, light spirit product or light wine; or any city or town in this state having a population of not less than one thousand (1,000) according to the latest federal decennial census and located in a county that has no city or town with a population of more than two thousand five hundred (2,500); or any city, town or village that is a county seat and has voted to come out from under the dry law under Section 67-1-14; at an election held for the purpose, under the election laws applicable to such city, may either prohibit or permit, except as otherwise provided under Section 67-9-1, the sale and the receipt, storage and transportation for the purpose of sale of beer, light spirit product and light wine. An election to determine whether such sale shall be permitted in cities wherein its sale is prohibited by law shall be ordered by the city or town council or mayor and board of aldermen or other governing body of such city or town for such city or town only, upon the presentation of a petition for such city or town to such governing board containing the names of twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the duly qualified voters of such city or town asking for such election. In like manner, an election to determine whether such sale shall be prohibited in cities wherein its sale is permitted by law shall be ordered by the city council or mayor and board of aldermen or other governing board of such city for such city only, upon the presentation of a petition to such governing board containing the names of twenty percent (20%) of the duly qualified voters of such city asking for such election. No election on either question shall be held by any one (1) city more often than once in five (5) years.

Thirty (30) days' notice shall be given to the qualified electors of such city or town in the manner prescribed by law upon the question of either permitting or prohibiting such sale, and the notice shall contain a statement of the question to be voted on at the election. The tickets to be used in the election shall have the following words printed thereon: "For the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight"; and the words "Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight," next below. In making up his or her ticket the voter shall make a cross (X) opposite the words of his choice.

If in the election a majority of the qualified electors voting in the election shall vote "For the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight," then the city or town council or mayor and board of aldermen or other governing body shall pass the necessary order permitting the legal sale of such light wine, light spirit product and beer in such city or town. If in the election a majority of the qualified electors voting in the election shall vote "Against the legal sale of light wine of an alcoholic content of not more than five percent (5%) by weight, light spirit product of an alcoholic content of not more than six percent (6%) by weight, and beer of an alcoholic content of not more than eight percent (8%) by weight," then the city council or mayor and board of aldermen or other governing body shall pass the necessary order prohibiting the sale of such light wine, light spirit product and beer in such city.

All laws or parts of laws in conflict with this section are hereby repealed to the extent of such conflict only, this section being cumulative and supplementary.

Codes, 1942, § 10208.5; Laws, 1950, ch. 501, §§ 1-3; Laws, 1996, ch. 417, § 10; Laws, 1998, ch. 306, § 6; Laws, 2012, ch. 323, § 6, eff. 7/1/2012.

Amended by Laws, 2021, ch. 450, HB 1091,§ 11, eff. 7/1/2021.

Amended by Laws, 2021, ch. 348, HB 945,§ 2, eff. 7/1/2021.

Amended by Laws, 2020, ch. 431, HB 654,§ 1, eff. 7/1/2020.

Amended by Laws, 2020, ch. 314, HB 917,§ 5, eff. 6/18/2020.

Amended by Laws, 2017, ch. 331, HB 1321, 1, eff. 3/13/2017.

Notes of Decisions

Cited in 4 cases, 1986–1997 · leading case: City of Clinton v. Smith, 493 So. 2d 331 (Miss. 1986).

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City of Clinton v. Smith, 493 So. 2d 331 (Miss. 1986). · cites it 18× “Miss. Code Ann. § 67-3-9 (1972). In due course, the city clerk ascertained that 1,512 of the names on the petitions were those of registered voters.”

Collins v. City of Hazlehurst, 709 So. 2d 408 (Miss. 1997). · cites it 2× “The legislature noted certain interests of local governments in regulating the sale of alcoholic beverages of this nature and granted specific powers to them, including municipalities.”

Dantzler v. State, 542 So. 2d 906 (Miss. 1989). · cites it 2× “Possession of beer with an alcoholic content of not more than four percent (4%) by volume weight is legal in the City of Hattiesburg by virtue of an election held pursuant to Mississippi Code Annotated § 67-3-9 (1972), as amended. The western portion of Hattiesburg, located in…”

Sharlet Belton Collins v. City of Hazlehurst, Mississippi (Miss. 1995). · cites it 2× “The citizens of Hazlehurst had previously voted, pursuant to Miss. Code Ann. § 67-3-9 , for the City to allow on-premises sale and consumption of beer.”

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