35 Miss. Code. R. 2-02-03-109
Under very limited circumstances, a permittee may request a waiver from the Chief of Enforcement to authorize the storage of surplus alcoholic beverages in a location that is separate from the building where the retail business is being conducted. Any off-site storage exception or waiver request must be approved by the Chief of Enforcement. A request for a waiver must meet the following requirements:
1. The permittee must demonstrate that the
additional storage is required as the result of an unforeseen circumstance and
is temporary in nature.
2. The
off-site storage location must meet all distance requirements of Miss. Code
Ann. Section
67-1-51 in the same manner as the
retail premises as well as all local ordinances pertaining to zoning. Further,
the proximity of the off-site storage location to the permittee's retail
premises shall be considered by the Department. However, the off-site location
shall not be considered part of licensed premises for purposes of the sale of
alcoholic beverages. The site may only be used for the safe and secure storage
of alcoholic beverages.
3. All
entrances and any other access to the storage facility must remain secure and
locked at all times, except when merchandise is being received or transferred
to the retail location. The Chief of Enforcement may request a floor plan of
the off-site location as well as a copy of the permittee's deed or lease to
ensure that permittee can accomplish restricted access to the off-site
location. The location is subject to inspection by ABC.
4. The exclusive use of the off-premises
location must be storage of surplus alcoholic beverage inventory and items
authorized for sale by Miss. Admin. Code Title 35.11.2.23. There shall be no
other use of the off-site storage location.
5. A permittee utilizing an off-site storage
location for a business establishment with multiple permits must submit a floor
plan of the facility that designates where alcoholic beverages purchased under
each permit will be stored at the off-premises location. Co-mingling of the
permitted inventories by a multiple permittee shall result in the suspension or
revocation of the permits.
Notes
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