§ 61-6-1636 — Purchasing and sale of alcoholic liquor by the drink.

(A) A person licensed by this article for sale and use for on-premises consumption shall purchase alcoholic liquor for sale by the drink from a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or from a licensed wholesaler, as provided in subsection (C), in any size bottle, except 1.75 liter sized bottles. (B) A licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor in any size bottle, except 1.75 liter sized bottles, to a person licensed by this article to sell alcoholic liquors for on-premises consumption. (C)(1) For the purposes of this subsection, "new alcoholic liquor" means alcoholic liquor not previously sold in this State. (2) A licensed wholesaler may deliver new alcoholic liquor to a person licensed by this article to sell alcoholic liquors for on-premises consumption: (a) in sealed containers and in any sized bottle, except 1.75 liter sized bottles, and (b) only during the first one hundred eighty days from the date of the first bill of lading in this State for that new alcoholic liquor. (3) Within ten days of receipt of the first bill of lading, the licensed wholesaler must provide a copy of the bill of lading to the department in the manner prescribed by the department.

Legislative History

HISTORY: 2005 Act No. 139, SECTION 1; 2018 Act No. 147 (H.4729), SECTION 4, eff April 4, 2018. Effect of Amendment 2018 Act No. 147, SECTION 4, in (A), substituted "or from a licensed wholesaler, as provided in subsection (C), in any size bottle, except 1.75 liter sized bottles" for "in any size bottle, except 1.75 liter size bottles"; in (B), substituted "1.75 liter sized bottles" for "1.75 liter size bottles"; and added (C), relating to new alcoholic liquor.