Potter, 010880 MSAGO, 19800108

• Case Date: January 08, 1980
• Court: South Carolina

Mrs. Margaret J. Potter, No. 19800108 Mississippi Attorney General Opinions January 8, 1980           Municipalities — Ordinances — Beer and Wine          Mrs. Margaret J. Potter          Town Clerk          Town of Artesia          Artesia, Mississippi 39736          Dear Mrs. Potter:          Attorney General A. F. Summer has received your letter and has assigned it to me for research and reply.          Your letter states:

         “Enclosed are two ordinances regarding the sale of beer in Artesia. We would appreciate your opinion on the legality of them. Looking to hear from you soon.”

         The copies of ordinances you enclosed show that these have been enacted by the governing authorities. Consequently, any opinion concerning these ordinances could neither validate nor invalidate such ordinances and the legality of the ordinances would be a matter of decision for a court of competent jurisdiction.          However, we mention the following for your information and guidance.          Enclosed are copies of two opinions of this office concerning municipal ordinances regulating the area of sale of light wines and beer and the hours of sale, given to:

         Honorable James D. Spinks of DeKalb, dated September 11, 1979;          Honorable Leonard B. Cobb of Meridian, dated May 1, 1979.

         Reference is made to subsection (a) of Section 67-3-53 of the Mississippi Code of 1972, Annotated (the “Code”), which states:

         “... Unlawful acts.          In addition to any act declared to be unlawful by this chapter, ..., it shall be unlawful for the holder of a permit authorizing the sale of beer or wine at retail:          (a) To sell or give to be consumed in or upon any licensed premises any beer or wine between the hours of midnight and seven o'clock the following morning or during any time the licensed premises may be required to be closed by municipal ordinance or order of the board

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