McLaurin, 012980 MSAGO, 19800129
|Case Date:||January 29, 1980|
Subject: Local Option Beer Elections in Municipalities Municipal Power to Regulate the Sale and Consumption of Beer The governing body of the City of Starkville, Mississippi, anticipates being presented, in the near future, with a petition requesting the calling of a local option election to determine the feeling of the electorate relative to the legal sale of beer in our municipality. Certain of the administrative details of such an election are not clear. Accordingly, I am requesting your opinion relative to the following matters: 1. In terms of time, how long does the City have to determine whether or not the petition presented contains the names of twenty percent (20%) of the duly qualified voters of the City? 2. After determining that the petition presented does contain the names of twenty percent (20%) of the duly qualified voters of the City, how long, in terms of time, does the governing body have to order the holding of the local option election? Additionally, I am requesting information relative to the powers of a municipality to adopt and enforce rules and regulations regarding the sale and consumption of beer. What is the current interpretation of Section 67-3-65 of the Mississippi Code of 1972 ?Applicable here are the provisions of Section 67-3-9 of the Mississippi Code of 1972, Annotated, which are in part:
§ 67-3-9 . Local option elections in certain municipalities. Any city in this state, having a population of not less than two thousand, five hundred (2, 500) according to the latest federal census, at an election held for the purpose, under the election laws applicable to such city, may either prohibit or permit the sale and the receipt, storage and transportation for the purpose of sale of beer of an alcoholic content of not more than four per centum (4%) by weight. 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 council or mayor and board of aldermen or other...
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