35 Miss. Code. R. 2-03-07-100 - Qualified Resort Area:

1. The following definitions shall be used when determining if an area qualifies as a Qualified Resort Area under Miss. Code Section 67-1-5(o)(iii):

a. "Contiguous acres", when referenced within Miss. Code Section 67-1-5(o)(iii)(11), shall mean acreage touching or connected throughout in an unbroken sequence and titled to a common owner. A public or private street or road shall not be considered to break the sequence or connectivity of the acreage.

b. "Course", when referenced within Miss. Code Section 67-1-5(o)(iii)(11) and (12) and not preceded by the word "golf", shall mean a series of lectures or lessons in a particular subject, leading to an examination or qualification.

c. "Provides lodging accommodations", when referenced within Miss. Code Section 67-1-5(o)(iii)(10), shall mean to make available for use or supply a lodging facility owned or leased by the permittee.

2. A qualified resort area must be clearly established, understood and agreed upon by the resort area community. A community may be considered for a qualified resort area classification by the Department by submitting an application.

3. The application must be submitted by the President of the Board of Supervisors or the Mayor or Mayors of the municipality or municipalities affected. In the event the President of the Board of Supervisors or the Mayor refuses to submit such application and/or votes against recommending this area be designated a resort, the same may be submitted by not less than 100 adult citizens of the community to be affected, and shall in all instances include the following items:

a. A map clearly marked to indicate the specific area under consideration. GPS coordinates should be used to delineate boundary lines.

b. Reasons why the particular area attracts tourists, transients and/or vacationers and therefore should be designated as a qualified resort area.

c. Endorsements by civic clubs located near the area under consideration.

d. Assurance from the Sheriff or Sheriffs of the area that he will enforce the Local Option laws of the State of Mississippi, and the rules and regulations of the Division. If the area is located within a municipality, such assurance shall also be given by the Chief of Police of such municipality or municipalities.

e. A certified copy of the order or orders as entered on the minute books of the governing body. If the governing body wishes for the hours of sale to be limited, the order should contain this request.

f. Proof of publication of legal notices and all public opinion responses. Legal notice must be printed once each week for two consecutive weeks in a newspaper having general circulation in the area. The notice must state that an application for classification as a qualified resort area is being filed, identify the proposed resort area, a request for public opinion from residents in the area under consideration, and that approval will permit the operation of open bars and the sale of alcoholic beverages in the area.

4. Adjacent or affected areas may either join in or file objections to the application with the Department.

Notes

35 Miss. Code. R. 2-03-07-100

Amended 8/31/2017 Amended 12/1/2020