Buying Beer On Mississippi's Election Day: What's The Deal?

In Mississippi, beer and alcoholic beverages are subject to sales tax. While the state does not restrict the sale of alcoholic beverages on election days, Mississippi municipalities are allowed to restrict beer sales on election day. Only one city in Mississippi, Brandon, bans election-day beer sales.

Mississippi municipalities can restrict beer sales on election day

Mississippi municipalities are allowed to restrict beer sales on Election Day. While sales of alcoholic beverages are not limited or restricted on election days, beer sales can be restricted by a local ordinance.

The Mississippi Department of Revenue's Alcoholic Beverage Control division clarified that only municipalities can restrict election-day beer sales, not the state. The Clarion-Ledger checked the ordinances of 25 cities and found only one – Brandon – that bans election-day beer sales.

Mississippi's laws regarding alcohol sales differ from county to county. For example, while package stores are not allowed to operate on Sundays, a bill was passed in March 2024 to allow package stores in wet areas to sell liquor and wine on Sundays from 1 p.m. to 6 p.m.

Beer is subject to different regulations than other alcoholic beverages in Mississippi. For instance, beer can be sold for off-premises consumption 24/7, while package stores can only sell alcoholic beverages from 10 a.m. to 10 p.m., Monday through Saturday. Additionally, beer is taxed differently than other alcoholic beverages, with an excise tax of 42.68 cents per gallon compared to $2.50 per gallon for distilled spirits.

Only municipalities can restrict election-day beer sales, not the state

In Mississippi, only municipalities can restrict beer sales on Election Day, not the state. This means that the sale of beer on Election Day is not prohibited by state law, but individual cities or towns within Mississippi can choose to implement their own restrictions if they so choose.

The Mississippi Department of Revenue's Alcoholic Beverage Control division clarified this distinction, stating that while the state does not restrict Election Day beer sales, individual municipalities are allowed to do so if they wish. This means that the rules around purchasing beer on Election Day can vary depending on which municipality you are in within Mississippi.

For example, according to The Clarion-Ledger, out of 25 cities checked, only Brandon had a ban on Election Day beer sales. However, stores in at least two other communities without such bans also prohibited customers from purchasing beer. This discrepancy highlights the importance of checking the specific rules and regulations of your local municipality when it comes to Election Day beer sales in Mississippi.

It is worth noting that the hours for on-premises sales of beer in Mississippi are typically from 7:00 a.m. to midnight, seven days a week, and these hours can be further restricted by municipal or county governments through local ordinances. Therefore, even if beer sales are not explicitly prohibited on Election Day in your municipality, the hours of sale may still be limited.

Mississippi state law prohibits liquor sales on Sundays

Mississippi state law prohibits the sale of liquor on Sundays. Package stores are not allowed to open for business on Sundays or Christmas Day. However, this law may soon change as a bill to allow liquor sales on Sundays has been passed by the House and is now under consideration by the Senate.

The bill, House Bill 329, would allow package stores to operate on Sundays from 1 p.m. to 6 p.m. Currently, package stores can only operate from 10 a.m. to 10 p.m. Monday through Saturday.

The bill also includes a provision that would allow counties and municipalities to opt out of Sunday sales if 20% of voters or 1,500 voters (whichever is less) sign a petition to hold an election on the matter.

Beer, on the other hand, can be sold for off-premises consumption 24/7 in Mississippi, although local ordinances may restrict the hours of sale, including on Sundays. On-premises sales of beer are permitted from 7:00 a.m. to midnight, seven days a week, and these hours may be further restricted but not extended by municipal or county governments.

It is worth noting that Mississippi municipalities have the authority to restrict beer sales on Election Day, as some residents experienced in 2014 when they were refused beer purchases due to a misunderstanding of this law.

Beer may be sold for off-premises consumption 24/7

Beer is a malt-based beverage that contains no more than 8% alcohol by weight. In Mississippi, beer is regulated differently from distilled spirits and wine. Beer and alcoholic beverages are subject to sales tax. Beer may be sold for off-premises consumption 24/7 in Mississippi. However, it is important to note that the hours for off-premises sales may be restricted by local ordinance. Sales on Sundays may also be restricted by local ordinance.

State law establishes the hours for on-premises sales of beer from 7:00 a.m. to midnight, seven days a week. Municipal or county governments may further restrict, but not extend, these hours. If the hours for selling alcoholic beverages are extended, then the hours for beer sales are also extended to match.

Mississippi municipalities have the authority to restrict beer sales on Election Day. However, sales of alcoholic beverages are not limited or restricted on election days. Only municipalities have the power to restrict election-day beer sales, not the state. It is worth noting that Mississippi has 34 completely dry counties for hard liquor and 36 dry counties for beer and light wine sales.

Beer and light wine cannot be sold in package stores

These beverages are regulated differently from distilled spirits and wine, which are considered "alcoholic beverages". Alcoholic beverages are most often identified as items that can be purchased in package stores and are subject to different tax laws. Beer and light wine, on the other hand, can be sold in retailers with a beer permit, which allows them to sell beer, light wine, and/or light spirits. These retailers can sell these beverages for off-premises consumption 24/7, although local ordinances may restrict the hours of sale.

The distinction between beer/light wine and alcoholic beverages is important in Mississippi, as it determines where and when certain beverages can be sold. While package stores can sell alcoholic beverages, they cannot sell beer or light wine. Additionally, alcoholic beverages cannot be sold in convenience or grocery stores, which further restricts their availability.

It's worth noting that Mississippi municipalities have the authority to restrict beer sales on Election Day, and some communities have taken advantage of this. However, this restriction does not apply to the sale of alcoholic beverages, which are still allowed to be sold on Election Day.

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