You asked: City, county alcohol laws differ; no booze in county

Published 10:21 am Thursday, August 6, 2015

Q:What are the alcohol laws in the city limits and in the county?

A:Within the city limits of Brookhaven, the sale of beer and liquor is legal.

On June 4, 2013, the city of Brookhaven held a regular election to allow voters to decide whether to prohibit or permit the sale and the receipt, storage and transportation for the purpose of sale of liquor and alcoholic beverages, pursuant to MS code.

Subscribe to our free email newsletter

Get the latest news sent to your inbox

Brookhaven voted in favor of permitting the legal sale of liquor and alcohol and the ordinance was adopted Aug. 8, 2013. Since then, it is legal to buy and sell alcohol as the state allows.

According to the ordinance, for holders of a state package retailer’s permit, alcoholic beverages may be sold between the hours of 10 a.m. and 8 p.m. For “on-premises” permittees, including hotels, restaurants, clubs or caterers with a state permit, between the hours of 10 a.m. and 11 p.m., Monday through Saturday. Sunday sales are not currently allowed until receiving approval from the State Tax Commission and or the Mississippi Department of Revenue.

There is an open container section of the ordinance that dictates where it is unlawful for a person to have an open container in his or her possession within the municipal boundaries of the city. According to the ordinance, it is unlawful to possess an open container on public property, including buildings, parking lots, sidewalks, streets and parks unless specifically approved. It is also unlawful within a motor vehicle, regardless of whether the person in possession is an operator or a passenger of the motor vehicle.

Lincoln County, however, is a dry county. Beer and liquor cannot be sold or possessed in the county, and a person can be charged with possession of beer/liquor in a dry county. Lincoln County Sheriff Steve Rushing said most incidents involving this violation are in addition to other charges such as DUI or reckless driving.