McComb Beer Laws

Sec.5-3. Retail outlets- Application of zoning ordinance.

The zoning ordinance of the city, together with the off-street parking regulations, shall apply to retail outlets for the sale of alcoholic beverages, such as term is defined by section 67-1-5 of the Mississippi Code 1972, as amended.

Sec.5-4. Retail outlets- Application of technical provisions; location restrictions.

  1. All of the applicable provisions of the building code, the fire prevention code, the electrical code, the plumbing code, the gas code, and other applicable codes, shall control the location, construction, use and operation of package stores.

  2. No permits or approvals of use and occupancy under said codes or other ordinances and regulations of the city shall be issued approving the location, construction, use or operation of package stores until the expiration of seven (7) days after the last publication, as required by the statutes of the state and rules of the state tax commission.

  3. In the event written objection is received by the city clerk prior to the expiration of said seven (7) day period, which is made by a person owning real property, or having business interests operating within a radius of one hundred sixty (160) feet of the applicant's proposed retail outlet, then no such permit or other approval of the use and occupancy of said outlet shall be issued unless authorized by the governing body. At such hearing the objector shall have the burden of showing that the granting of such a permit or approval of use and occupancy shall be contrary to the public health, morals, and safety. However, said permit or approval shall not be issued unless the governing body affirmatively finds that the operation of said retail outlet would not adversely affect the public health, morals, and safety, giving reasonable consideration to the effect on said schools, churches, and other such institutions within the immediate area; provided, no retail outlet shall be deemed to have an effect on any such school, church, or other institution if more than four hundred (400) feet away from same, or more than one hundred (100) feet away from same in a commercial zoned district.

Sec.5-5. Retail Outlets-Rear door.

The rear door, if any, to any building where intoxication beverages are stored or dispensed shall be equipped with a lock so that the same cannot be opened from the outside without the use of a key which shall be kept at all times by the owner or operator thereof, and further equipped with a panic device so that the same may be readily opened from the interior of the building.

Sec.5-6. Retail Outlets-Payment of privilege tax.

Prior to the beginning of the operation of an outlet for the sale intoxicating beverages where a privilege tax is required, the owner or operator thereof shall produce and exhibit to the city tax collector evidence of payment of the same.

Sec.5-7.Hours of operation-Secular days.

It shall be unlawful for any person to sell, give away, consume, or allow to be consumed, at any place where alcoholic beverages are sold, any intoxicating alcoholic beverages between the hours of 12:01 a.m. and 7:00 a.m. on any day not a Sunday.

Sec.5-8.Hours of operation-Sunday.

It shall be unlawful for any sale of beer to be made in the city on a Sunday between the hours of 12:01 a.m. and 12:01 p.m.

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Sec.5-9.Emergency closure of places where sold or consumed.

In the event of any disturbance, uprising, riot, or any other emergency endangering life, property, or public safety, it shall be the duty of the chief of police or designee to promptly close any place in the city where intoxicating alcoholic beverages are sold, consumed, or otherwise dispensed, and to require such places to remain closed for the period of such emergency.

Sec.5-10.Sale to certain persons prohibited.

It shall be unlawful for any person to sell, give, or furnish in any manner any alcoholic beverage at any time or place to any person who is known to be insane or mentally incapacitated, or any person who is visibly intoxicated, or to any person who is known to be a habitual user of narcotics or other habit-forming drugs, or to knowingly sell, furnish, or give the same to any person for delivery to such person.

Sec.5-11.Sale to minors.

It shall be unlawful for any person to sell, give, or furnish in any manner any alcoholic beverage at any time or place to any person under the legal age, or knowingly sell, furnish, or give the same to any person for delivery to such minors.

Sec.5-13.False representation of age by minor.

It shall be unlawful for any person under the legal age to make a false statement relative to such minor's age for the purpose of obtaining alcoholic beverages.

These ordinances were compiled from the McComb City Clerk office, which is located in the McComb City Hall. All the information was compiled in September of 2000. This information is not meant to be legal representation, and Southwest Distributors does not guarantee the accuracy of this information.

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