Officials caution residents to obey Mississippi’s alcohol laws during balloon race weekend
Published 1:08 am Thursday, October 13, 2016
NATCHEZ — After five local businesses were cited for violations of state alcohol laws on the city’s 300th birthday, officials are cautioning residents to drink responsibly — and legally — during this weekend’s Great Mississippi River Balloon Race.
Mississippi Department of Revenue spokeswoman Kathy Waterbury said Bowie’s Tavern, Fat Mama’s Tamales, Andrew’s Tavern, the Natchez Grand Hotel and The Corner Bar were cited for patrons reportedly leaving the property with drinks containing liquor on Aug. 3, the day the city hosted a Natchez Tricentennial celebration downtown on Broadway Street.
Waterbury said The Corner Bar was also cited for “brown-bagging,” or reportedly allowing patrons to bring their own liquor into the bar.
The businesses were to pay a $1,000 fine or close for multiple days.
Mayor Darryl Grennell said he has contacted the governor’s office for clarification about the violations.
“I was just really shocked that ABC came in on the birthday celebration of Natchez and did that to the bars,” Grennell said. “But I guess that’s their job.”
Confusion about the open container law apparently arose during the tricentennial celebration because the event had been granted an open container/noise permit by Natchez Police Chief Daniel White.
Section 6-29 of the Natchez City Code allows for the temporary permits, which essentially suspend aspects of the open container law.
The city law, however, does not supersede state Alcohol Beverage Control (ABC) Regulations that govern the sale of alcohol through licensed venues, Waterbury said.
While patrons can leave licensed businesses with beer or wine with less than 5-percent alcohol content in to-go cups, liquor cannot leave the premises, Waterbury said.
The exception to this law, Waterbury said, is in municipalities included in a law, nicknamed the “go cup” bill before its passage, that allows cities to establish special leisure and recreation districts. In the districts, open containers sold by certain businesses would be permitted off premises. The city’s resort area status does not permit to-go cups, it only allows bars to be open 24 hours a day and sell alcoholic beverages.
The go cup bill was signed into law in May with several cities included, but Natchez was not. Sen. Bob Dearing, D-Natchez, said he has pre-filed an amendment to the law that would include Natchez.
The permit granted by the police chief allows residents to walk down city streets with foam or plastic cups with beer, wine or liquor drinks, White said.
White did, however, note that, as Waterbury said, the city’s open container permit does not allow patrons to leave bars with liquor drinks.
The permitted area for events such as the tricentennial celebration or balloon race is usually downtown, White said.
White said as long as residents are not carrying their alcohol in glass containers or cans or being rowdy and causing problems, they can generally expect not to be stopped by police officers during the balloon race or similar events.
“We want people to have a good time and enjoy themselves,” he said. “As long as they are in the general area with their drinks in (foam or plastic) cups and not breaking any laws, the officers won’t stop them from enjoying themselves.”
ABC agents enforce the alcohol regulations, and violations generally come after agents observe patrons leaving a bar with liquor drinks, Waterbury said.
“Typically … (the agents) will actually have complaints, and they will investigate it, and make sure you did purchase it there and left the premises with it,” she said.
Waterbury said agents are “not out there patrolling just for events with hundreds of people” looking for open container violations.
“Our agents are making sure all the permittees are doing what they are supposed to do,” she said. “They’re not looking for people like you and me.”
While balloon race revelers can have their drinks in hand downtown, outside food and drinks — including alcoholic beverages — are not permitted inside the festival grounds. Historic Natchez Foundation Executive Director and balloon race committee member Mimi Miller said balloon race attendees will not be allowed to leave the festival grounds with their beverages.
Alcoholic beverages will be available for purchase inside the festival grounds.