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Public Notices 08-24-23
IN THE CHANCERY COURT OF FRANKLIN COUNTY,...&picture=https://s3.amazonaws.com/lewiscountypress-pictures-production/fa/production/pdfs/1629/a1_fa_09282023_sq_thumb.jpg){kind=link}
For Sale: Two nice wooden bar stools with spindle chair backs. $25 each.
601-573-3013 (0907)
IN THE CHANCERY COURT OF FRANKLIN COUNTY, MISSISSIPPI
IN THE MATTER OF THE LAST WILL AND TESTAMENT OF MARY ESTHER HADSKEY
NETTLES, DECEASED
RONALD E. NETTLES, II, EXECUTOR
CAUSE NO. 19-063-WS
SUMMONS
THE STATE OF MISSISSIPPI
TO: The Unknown Heirs at Law of Mary Esther Hadskey Nettles, Deceased,
and Any Parties of Interest with Standing to Contest the Last Will and
Testament of Mary Esther Hadskey Nettles, Deceased, dated December 10,
2021
You have been made a Defendant in the Complaint to Admit Will to
Probate, to Appoint Executor, and for Issuance of Letters Testamentary,
by Plaintiff Ronald E. Nettles, II seeking a determination of heirship
of Mary Esther Hadskey Nettles, deceased, and to have the Last Will and
Testament of Mary Esther Hadskey Nettles, deceased, admitted to probate
in solemn form.
You are summoned to appear and defend against said complaint filed
against you in this action at 10:30 A.M. on the 3rd day of October,
2023, in the courtroom of the Franklin County Courthouse at Meadville,
Mississippi, and in case of your failure to appear and defend, a
judgment will be entered against you for the relief demanded in the
complaint.
You are not required to file an answer or other pleading but you may do
so if you desire.
Issued under my hand and seal of this Court, this 31st day of July,
2023.
JILL GILBERT
FRANKLIN COUNTY
CHANCERY CLERK
ERICA HAVARD,
DEPUTY CLERK
MORGAN HALFORD POORE
HALFORD LAW FIRM
85 Main Street West
Post Office Box 650
Meadville, Mississippi 39653
Telephone: (601) 384-2100
Facsimile: (601) 384-2121
Electronic Mail: halford@halfordlawfirm.com
MSB#104670
ATTORNEY FOR THE ESTATE
PUBLISH: 8/10/23, 8/17/23, & 8/24/23
IN THE CHANCERY COURT OF FRANKLIN COUNTY, MISSISSIPPI
IN THE MATTER OF THE LAST WILL AND TESTAMENT OF MARY ESTHER HADSKEY
NETTLES, DECEASED
RONALD E. NETTLES, II, EXECUTOR
CAUSE NO. 2023-063
NOTICE TO CREDITORS
Letters Testamentary having been granted on the 19th day of July, 2023,
by the Chancery Court of Franklin County, Mississippi, to the
undersigned Executor upon the Estate of Mary Esther Hadskey Nettles,
deceased, notice is hereby given to all persons having claims against
said estate to present the same to the clerk of this court for probate
and registration according to the law within ninety (90) days from the
first publication of this notice or they will forever be barred.
This the 26th day of July, 2023.
RONALD E. NETTLES, II
Executor of the Estate of Mary
Esther Hadskey Nettles, Deceased
MORGAN HALFORD POORE
HALFORD LAW FIRM
85 Main Street West
Post Office Box 650
Meadville, Mississippi 39653
Telephone: (601) 384-2100
Facsimile: (601) 384-2121
Email: halford@halfordlawfirm.com
MSB# 104670
ATTORNEY FOR THE ESTATE
PUBLISH: 8/10/23, 8/17/23, & 8/24/23
IN THE CHANCERY COURT OF FRANKLIN COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF FRANK HOWARD COLLURA, DECEASED
FRANK RICHARD COLLURA KATHRYNE ERMYNE COLLURA McCANN, PLAINTIFFS
CAUSE NO. 19-2023-pr-035-WS
NOTICE TO CREDITORS
Letters of Administration having been granted on the 8th day of May,
2023, by the Chancery Court of Franklin County, Mississippi, to the
undersigned Administrator of the Estate of Frank Howard Collura,
deceased, notice is hereby given to all persons having claims against
said estate to present the same to the clerk of this court for probate
and registration according to the law within ninety (90) days from the
first publication of this notice or they will forever be barred.
This the 8th day of June, 2023.
KATHRYNE ERMYNE COLLURA McCANN,
Administrator of the Estate of
Frank Howard Collura, Deceased
WILLIAM K. HALFORD
HALFORD LAW FIRM
85 Main Street West
Post Office Box 650
Meadville, Mississippi 39653
Telephone: (601) 384-2100
Facsimile: (601) 384-2121
Electronic Mail: halford@halfordlawfirm.com
MSB#105475
ATTORNEY FOR THE ESTATE
PUBLISH: 8/10/2023; 8/17/2023; & 8/24/2023
IN THE CHANCERY COURT OF FRANKLIN COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF EMMA WEBSTER SLATE
BYRON Q. WEBSTER, PETITIONER
CAUSE NO. 2023-042
PUBLICATION SUMMONS
THE STATE OF MISSISSIPPI
TO: THE UNKNOWN OR KNOWN HEIRS-AT-LAW AND ANY AND ALL OTHER PERSONS
CLAIMING ANY RIGHT, TITLE OR INTEREST AS HEIRS OF EMMA WEBSTER SLATE,
DECEASED
You have been made respondents to the Petition filed in this Court by
Byron Q. Webster.
The Petition filed against you is a civil action seeking to have Doris
Torrey, Neley Jackson, Kenny Webster, Randolph Webster, and Maylee Moore
adjudicated as the sole and only heirs-at-law of the deceased, Emma
Webster Slate, as fully set out in the Petition on file in the Chancery
Court of Franklin, Mississippi.
YOU ARE SUMMONED TO APPEAR AND DEFEND AGAINST THE PETITION FILED AGAINST
YOU IN THIS ACTION AT 10:30 A.M. ON THE 3rd DAY OF OCTOBER, 2023,
MEADVILLE, MISSISSIPPI; AND IN CASE OF YOUR FAILURE TO APPEAR AND
DEFEND, A JUDGMENT WILL BE ENTERED AGAINST YOU FOR THE RELIEF DEMANDED
IN THE PETITION.
You are not required to file an answer or other pleading but you may do
so if you desire in care of Ashley A. Johnson, McGehee, McGehee &
Torrey, Attorneys at Law, Post Office Box 188, Meadville, Mississippi
39653.
Issued under my hand and the seal of said Court, this 7th day of August,
2023.
JILL J. GILBERT,
CHANCERY CLERK,
FRANKLIN COUNTY, MISSISSIPPI
Publish: August 17, August 24 & August 31, 2023
IN THE CHANCERY COURT OF FRANKLIN COUNTY, MISSISSIPPI
IN THE MATTER OF THE HEIRSHIP OF HORACE CLIFTON RAMSEY, DECEASED
SHAMEKIA SINGLETON, PETITIONER
CAUSE NO. 2023-PR-56
RULE 4 SUMMONS
THE STATE OF MISSISSIPPI
TO: The unknown Wrongful Death Beneficiaries under the provisions of
Section 11-7-13 of the Mississippi Code of 1972, as Annotated and
Amended, of Horace Clifton Ramsey, Deceased, and any other person or
party claming to be a wrongful death beneficiary of Horace Clifton
Ramsey, Deceased.
You have been made a Respondent in the suit filed in this Court by
Shamekia Singleton, Petitioner, seeking a determination that Shamekia
Singleton is the sole Wrongful Death Beneficiary of Horace Clifton
Ramsey, Deceased. Respondents other than you in this action are none.
You are required to make or hand-deliver a copy of a written response to
the Petition for Determination of Heirs-at-Law and Beneficiaries under
the Mississippi Wrongful Death Statute to Thandi Wade, Attorney for
Petitioner, whose mailing address is Tatum & Wade, PLLC, P.O. Box 22688,
Jackson, MS 39255-2688 and whose street address is 124 East Amite
Street, Jackson, MS 39201. Your response must be mailed or delivered
within thirty (30) days from the date of the first publication of this
Summons. If your response is not mailed or delivered, a judgment by
default will be entered against you as demanded in the Petition.
You must also file the original of your response with the Clerk of this
Court within a reasonable time afterward.
Issued under my hand and seal of said Court, this the 11th day of
August, 2023.
Jill Jordan Gilbert,
Chancery Clerk of
Franklin County,
Mississippi
By: Erica Havard,
Deputy Clerk
Prepared by:
Thandi Wade,
MSB#10464
Tatum & Wade, PLLC
P.O. Box 22688
Jackson, MS 39225-2688
(601) 948-7770
TWADE 42@AOL.COM
Publish: Aug. 17, Aug. 24 & Aug. 31, 2023
IN THE CHANCERY COURT OF FRANKLIN COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF HORACE CLIFTON RAMSEY, DECEASED
SHAMEKIA SINGLETON, PETITIONER
CAUSE NO. 2023-PR-56
RULE 81 SUMMONS
THE STATE OF MISSISSIPPI
TO: The Heirs-at-Law of Horace Clifton Ramsey, Deceased, whose names and
addresses are unknown after diligent search and inquiry
You have been made a defendant in this suit in this Court by Petitioner,
Shamekia Singleton, seeking a judicial determination that Shamekia
Singleton is the sole and only heir-at-law and statutory beneficiary of
Horace Clifton Ramsey, deceased, under the Mississippi Wrongful Death
Statute.
You are summoned to appear and defend against the petition filed against
you in this action at 9:00 a.m. on the 3rd day of October, 2023, in the
Chancery Courtroom of the Franklin County Courthouse in Meadville,
Mississippi, and in case of your failure to appear and defend, a
judgment will be entered against as demanded in the petition.
You are not required to file an answer or other pleading but you may do
so if you desire.
Issued under my hand and seal of said Court, this the 11th day of
August, 2023.
JILL JORDAN GILBERT, CHANCERY CLERK
OF FRANKLIN COUNTY, MISSISSIPPI
PREPARED BY:
THANDI WADE, MSB #10464
TATUM & WADE, PLLC
P. O. BOX 22688
JACKSON, MS 39225-2688
(601) 948-7770
Publish: Aug. 24, Aug. 31 & Sept. 7, 2023
MISSISSIPPI MUNICIPALITY & COUNTY WATER INFRASTRUCTURE GRANT (MCWI)
PROGRAM
REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES
The Town of Bude requests proposals from qualified firms or individual
to provide engineering services on an as needed basis for a project
funded by the MCWI Grant Program.
You are invited to submit five (7) copies of a proposal, in accordance
with this request, by mail at P.O. Box 448 or hand-delivered to 125 W.
Railroad Avenue, Bude, MS 39653 (601-384-2600) no later than 5:00p.m.,
on the 15th day of September 2023.
Selection of an Engineer will be based on the criteria established in
this Legal advertisement. Engineer(s) shall not submit any cost or price
information with their proposals. Engineer(s) should submit complete
proposals sufficient for final selection of the most qualified engineer.
The selected Engineer will provide all engineering services through
project closeout in accordance with federal, state and locals,
regulations, policies. The scope of work may include, but is not limited
to, the following: 1) Planning services and/or guidance in selecting a
project base on system needs; 2) preparation of plans and specification;
3) distribution of bid documents and any addenda to such documents; 4)
assistance in bid opening and preparation of bids tabulation; 5)
assistance in the execution of construction contracts; 6) holding pre-
construction conference; 7) providing construction management services,
including review/approval of payment applications, preparation of change
orders, attendance at regular meetings with construction contractor, and
performance of construction observation including periodic reports to
the Town of Gloster, and 8) assistance with project closeout. The final
scope of work will be negotiated at the time of contract execution.
The Town of Bude is an Equal Opportunity Employer. The Town of Bude
encourages Minority-owned Business Enterprises (MBEs) and Women-owned
Business (WBEs) to submit proposals.
Based on the Assistance Listing: Coronavirus State and Local Fiscal
Recovery Funds and Part 2 of the US Treasury State and Local Fiscal
Recovery Funds Compliance and Reporting Guidance (v3.0 February 2022)
(Compliance Guide), the following Uniform Guidance provisions apply to
ARPA/CSLFRF grant award:
* Subpart A, Acronyms and Definitions
* Subpart B, General provisions
* Subpart C, Pre-Federal Award Requirement and Contents of Federal
Awards (except 2 CFR 200.204, .205, .210 and .213)
* Subpart D, Post Federal; Award Requirements (except 2 CFR
200.305(b)(8) & (9), .308, .309, and .320(c)(4))
* Subpart E, Cost Principles
* Subpart F, Audit Requirements
* 2 CFR Part 25 (Universal Identifier & System for Award Management)
* 2 CFR Part 170 (Reporting Subaward and Executive Compensation
Information)
* 2 CFR Part 180 (OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Non- procurement)
* Executed contracts shall include provision for Non-Federal Entity
Contracts Under Federal Awards listed in Appendix II to Part 200
All proposals must be submitted in a sealed envelope and marked with the
following language: "Proposal for Engineering Services for MDEQ MCWI
Project." Proposals will be evaluated on the following factors:
Qualifications (40 points), Experience (40 points), and Project
Knowledge (20 Points). To be evaluated properly, the following must be
addressed in details:
* Qualifications- The qualifications of the firm and persons assigned
to the project;
* Experience- The firm's experience and the projects previously
undertaken, the project activities, and the status of the project.
MISSISSIPPI MUNICIPALITY AND COUNTY WATER INFRASTRUCTURE GRANT (MCWI)
PROGRAM
* Project Knowledge- Familiarity with the Town of Bude infrastructure
and regulatory requirements of similar funding programs
The Town of Bude will designate a selection committee to evaluate each
proposal. The selection committee may hold proposals for a period not to
exceed thirty (30) days for the purpose of reviewing the content of the
proposals and investigating the qualifications of the firms and assigned
individuals. The Town of Bude reserves the right to reject and and/or
all proposals. The Town of Bude will award a contract with the qualified
individual or firm whose proposal has the highest number of cumulative
points issued by the selection committee and determined to be the most
advantageous to the Town of Bude, all factors considered. The contract
will include scope and extent of work and other essential requirements.
The contract will be on a fixed price basis. The Town of Bude has the
authority to terminate the selection at any time.
Town of Bude
Ellisha Ford
Town Clerk
Publication Date: August 24, 2023 and August 31, 2023
IN THE CHANCERY COURT OF FRANKLIN COUNTY, MISSISSIPPI
IN THE MATTER OF THE ENLARGEMENT OF THE BOUNDARIES OF THE TOWN OF
MEADVILLE, MISSISSIPPI, BY ADDING THERETO ADJACENT UNINCORPORATED
TERRITORY, TOWN OF MEADVILLE, MISSISSIPPI
CAUSE NO. 19-2022-cv-012-WS
SUMMONS BY PUBLICATION
THE STATE OF MISSISSIPPI
TO: Any and All Persons Interested in, Affected by, or Having Objections
to The Enlargement of the Boundaries of The Town of Meadville,
Mississippi
Notice is hereby given to all persons interested in, affected by, or
having objections to the enlargement of the boundaries of the Town of
Meadville, Mississippi that a hearing on the Complaint will be held on
the 3rd day of October, 2023, at 10:30 a.m. at the Franklin County
Courthouse, Meadville, Mississippi, and that all such persons have the
right to appear and enter their objections, if any, to the proposed
enlargement of the boundaries of the Town of Meadville, Mississippi, a
description of the territory proposed to be added is described in the
Complaint of record in Franklin County, Mississippi Chancery Cause
Number 19-2022-cv-012-WS.
All parties interested in, affected by, or being aggrieved by said
proposed enlargement shall have the right to appear at such hearing and
present their objection to such proposed enlargement.
Issued under my hand and seal of this Court, this 15th day of August,
2023.
JILL GILBERT
FRANKLIN COUNTY CHANCERY CLERK
BY: ERICA HAVARD
DEPUTY CLERK
WILLIAM K. HALFORD
HALFORD LAW FIRM
85 Main Street West
Post Office Box 650
Meadville, Mississippi 39653
Telephone: (601) 384-2100
Facsimile: (601) 384-2121
Electronic Mail: halford@halfordlawfirm.com
MSB#105475
ATTORNEY FOR THE TOWN OF MEADVILLE
PUBLISH: 8/24/23; 8/31/23; & 9/7/23
Public Hearing Notice For
A Proposed Ward Redistricting Plan
For The Town of Bude, Mississippi
Notice is hereby given that the Town of Bude Board of Alderman will hold
a Public Hearing on August 31, 2023 at 5:30 P.M.in the Board Room of the
Town of Bude. The purpose of the Public Hearing is to receive public
comments regarding a proposed "REDISTRICTING PLAN TO REDRAW THE WARD
DISTRICT LINES OF THE TOWN OF BUDE, MISSISSIPPI, IN ACCORDANCE WITH THE
2020 CENSUS RESULTS". This Public Hearing is being held for the
specific purpose of informing the public of the proposed redistricting
plan and to offer the opportunity for the inspection of the plan, the
redistricting map and the supporting documentation.
The proposed Ward Redistricting Plan may be viewed at the City Hall,
Town of Bude, from 8:00 am to 5:00 pm (Monday through Friday). Written
comments can be mailed to Town of Bude Board of Alderman, Attention City
Clerk Ellisha Ford, 125 W Railroad Ave, Bude, Mississippi, 39630.
Written comments received by the Alderman prior to the Public Hearing
date will be acknowledged and shall become a part of the public record.
All comments shall be available for public inspection.
Publish: August 24 & August 31, 2023
ORDINANCE NO. 18
BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN
OF THE TOWN OF BUDE, MISSISSIPPI:
ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN OF
THE TOWN OF BUDE, MISSISSIPPI
REGULATING THE SALE, DISTRIBUTION, AND POSSESSION OF
ALCOHOLIC BEVERAGES WITHIN THE CITY LIMITS OF BUDE, MISSISSIPPI
WHEREAS, pursuant to Section 21-17-5 M.C.A., the Mayor and Board of
Aldermen of the town of Bude, Mississippi have authority to adopt any
orders, resolutions, or ordinances with respect to the municipal affairs
of the town of Bude, Mississippi, which are not inconsistent with the
Mississippi Constitution of 1890, the Mississippi Code of 1972, or any
other statute or law of the State of Mississippi; and
WHEREAS, pursuant to Section 21-13-1 M.C.A., the governing authorities
of municipalities shall have the power to pass all ordinances and
enforce same; and
WHEREAS, Mississippi House Bill 2063 was signed into law effective July
1, 2022 making the sale, distribution and possession of alcoholic
beverages legal in the town of Bude, Mississippi.
WHEREAS, the Mayor and Board of Aldermen find that it will promote the
public health, morals, and safety of our citizens to provide reasonable
rules and regulations governing the sale, distribution, and possession
of Alcoholic Beverages as provided within this ordinance; and
NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF BUDE MAYOR AND BOARD OF
ALDERMEN AS FOLLOWS:
SECTION 1. State Law Control: Except as otherwise set forth within this
chapter, the laws of the State of Mississippi as they now exist or
hereafter amended or adopted and, where applicable, the Rules and
Regulations of the Mississippi Department of Revenue (Alcohol Beverage
Control) shall apply. Any provision of this chapter that contradicts
any such state authority is superseded and preempted by the state
authority, all of which state authority is adopted herein by reference.
SECTION 2. Definitions: Except as otherwise defined herein, this
chapter shall be deemed to apply the definitions to terms that are
provided by state law as state law now exists or is hereafter amended or
adopted, including, where applicable, the Rules and Regulations of the
Mississippi Department of Revenue (Alcohol Beverage Control) in
connection with the subjects of alcoholic beverages, including but not
limited to, those definitions appearing in Mississippi Code Annotated
Section 67-1-5 as currently defined or as hereafter amended and revised.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A. Generally.
1. Alcohol. Alcohol means the product of distillation of a fermented
liquid of any origin, and includes synthetic ethyl alcohol, but does not
include denatured or wood alcohol.
2. Alcoholic Beverage. Alcoholic beverage means any alcoholic liquid,
including wines, of more than five (5) percent of alcohol by weight,
capable of being consumed as a beverage by a human being, but shall not
include light wine and beer, but shall include native wines. The words
"alcoholic beverage" shall not include ethyl alcohol, manufactured
or distilled solely for fuel purposes or beer of any alcoholic content
of more than eight percent (8%) by weight if the beer is legally
manufactured in this state for sale in another state.
3. Wine. Wine means any product obtained from the alcoholic
fermentation of the juice of sound, ripe grapes, fruits and/or berries,
and made in accordance with revenue law of the United States.
4. Hotel. Hotel means an establishment which in consideration of
payment food and lodging is habitually furnished to travelers and
wherein is located at least 20 adequately furnished and completely
separate sleeping rooms with adequate facilities that persons usually
apply for an receive as overnight accommodations. See also Mississippi
Code Annotated Section 67-1-5 (l).
5. Restaurant. Restaurant means a place which is regularly and in a
bona fide manner used and kept open for the serving of meals to guests
for compensation, which has suitable seating facilities for guests, and
which has suitable kitchen facilities connected therewith for cooking an
assortment of foods and meals commonly ordered at various hours of the
day. No place shall qualify as a restaurant under this chapter unless
fifty (50) percent or more of the revenue derived from such place shall
be from the preparation , cooking and serving of meals and not from the
sale of beverages or unless the value of food given to and consumed by
customers is equal to fifty (50) percent or more of total revenue. See
also Mississippi Code Annotated Section 67-1-5(m)(i)-(ii).
6. Public Building. Public building means buildings where public
assembly occurs on a regular basis. This term does not include
accessory structures or buildings, such as water towers, public toilets,
telecommunications towers or public utility accessory structures.
7. Public Park. Public park means any park owned, operated and/or
maintained by the Town of Bude.
8. Permittee. Permittee shall refer to any individual or entity who is
a holder of a State of Mississippi permit to sell alcoholic beverages.
9. Commercial Establishment. A commercial establishment shall include
any business or organization, public or private, which charges or
accepts revenue for goods, membership or admittance, whether or profit
or non-profit.
10. Consumption. Consumption shall include the ingestion of any
alcoholic beverage as well as possession of any alcoholic beverage in an
open or un-open container.
SECTION 3. INCORPORATION OF STATE LAWS. Incorporation of State of
Mississippi Laws including sale to minors and possession by minors: All
State of Mississippi statutes, rules and regulations, including the
Rules and Regulations of the Mississippi Department of Revenue in their
present form or as hereinafter amended, modified, repealed or created
are incorporated herein by reference as the governing law of the Town of
Bude. State law reference: See Mississippi Code Annotated, 1972, Title
67 generally and Section 97-31-1 et seq.
SECTION 4. PRIVILEGE LICENSE REQUIRED. No alcoholic beverages shall be
sold within the municipal boundaries of the Town of Bude, Mississippi
unless the seller has first obtained a retail ABC permit from the
Mississippi State Tax Commission. Further, no retailer shall possess
for purpose of sale, sell or offer to sell any alcoholic beverage not
purchased from a distributer or wholesaler in this state who has a
permit to sell such alcoholic beverage. Any violation of this article
shall be considered a misdemeanor offense and upon conviction of the
violation of such section the offender shall be subject to a fine up to
but not to exceed $1,000 or imprisoned for no more than 90 days or both
such fine and imprisonment.
SECTION 5. SALE, POSSESSION OF ALCOHOLIC BEVERAGES. It is unlawful to
sell, offer for sale, or otherwise dispense alcoholic beverages or to
possess alcoholic beverages in the Town of Bude in violation of any
state law or any rule or regulation of the Mississippi Department of
Revenue, including the sale of alcoholic beverages to minors, possession
of alcoholic beverages by minors and sale of alcoholic beverages within
prohibited distances from churches, schools, kindergartens and funeral
homes. State law reference: Sale to Minor Prohibited, Penalties,
Mississippi Code Annotated, 1972 Section 67-1-81; Permits, distance
regulations, Section 67-1-51; and Permitted Premises Where Alcoholic
Beverages Are Sold, Mississippi Administrative Code, Section 35.11.2.03
SECTION 6. RESTRICTIONS ON THE SALE OF ALCOHOLIC BEVERAGES:
A. Incapacitated Persons. It shall be unlawful for anyone to sell,
give or furnish alcoholic beverages in any manner, at any time or place
to any person who is known to be insane or mentally incapacitated, or to
any person who is visibly intoxicated, or to knowingly sell, furnish or
give the same to any person for delivery unto such person. Violation of
this article will subject offender to a fine up to but not to exceed
$1,000 or imprisonment for no more than 90 days or both such fine and
imprisonment
B. Sales to Minors Prohibited.
1. Except as otherwise permitted by state law as it currently exists
or is hereafter amended or added, including, but not limited to, the
exceptions/exemptions contained in Mississippi Code Annotated Section
67-1-81 or otherwise permitted in this chapter, any permittee or other
person or entity who shall sell, furnish, dispose of, give or cause to
be sold, furnished disposed of or given any alcoholic beverage including
by not limited to Alcoholic Beverages to any person under the age of
twenty-one (21) years shall be guilty of a misdemeanor and shall be
subject to punishment under the terms of Mississippi Code Annotated
Section 67-1-81 (1).
2. Except as otherwise permitted by state law as it currently exists
or is hereafter amended or added, including, but not limited to, the
exceptions/exemptions contained in Mississippi Code Annotated Section
67-3-54 or otherwise permitted in this chapter, any person under the age
of twenty-one (21) years who purchases, receives or has in his or her
possession in any public place, any alcoholic beverage, including but
not limited to Alcoholic Beverages, shall be guilty of a misdemeanor and
shall be subject to punishment under the terms of Mississippi Code
Annotated Section 67-1-81 (2). Any person under such age who knowingly
makes a false statement to the effect that he or she is twenty-one (21)
years old or older to any person engaged in the sale of alcoholic
beverages or beer or light wine for the purpose of obtaining the same
shall be guilty of a misdemeanor and shall be subject to punishment
under the terms of Mississippi Code Annotated Section 67-1-81 (2).
C. On-premises kitchen facilities required. No alcoholic beverage
shall be sold for on-premises consumption unless the seller has suitable
kitchen facilities on the licensed premises to provide for the
preparation, cooking and serving of food so that food sales generate
fifty (50) percent of gross revenue, or unless the value of food given
to and consumed by customers is equal to fifty (50) percent or more of
total revenue. Further, no place shall qualify as a restaurant unless
the same meets the requirements set forth by Title 35 Department of
Revenue Part II Chapter 3 Section 201(1)-(4) and Section 202 and 203 of
Alcohol Beverage Control Regulations. The service of foods not prepared
on the premises shall not be deemed in compliance with the requirements
of this section. Restaurants must contain seating for a minimum of
twenty (20) guests with suitable facilities for consumption of food for
its patrons and the kitchen facilities must remain open for business so
long as alcoholic beverages are being sold.
D. Special Venues Hosting An Event Without A Kitchen. Venues that do
not have a full service kitchen as detailed under the previous article
may apply for a one-time permit received from the City Clerk's office
(one-time being defined as only being good for the date specific event
to be hosted by said venue) with the Board of Aldermen's approval.
This permit must be applied for at least forty-five (45) days prior to
the date of the event. A separate application must be made for each time
a one-time permit is sought for any such venue. The granting of a
one-time permit shall not in any way insure or guarantee that permits
sought for similar events in the future at such venue will be granted.
E. Drive-Thru Sales Prohibited. It shall be unlawful to sell alcoholic
beverages through a drive-thru window sales facility or similar facility
within the municipal boundaries of the Town of Bude, Mississippi.
F. Advertising. There shall be no advertising for Alcoholic Beverages
outside of the interior of the building where it is sold and/or
consumed. There shall be no advertising or storage of Alcoholic
Beverages within the interior of the store which allows it to be visible
from the street or highway side of store or establishment.
G. Sunday Sales. It shall be unlawful to sell Alcoholic Beverages on
Sunday in the Town of Bude, Mississippi. Sunday shall be from 12:00
a.m. Sunday morning until 12:00 a.m. Monday morning.
H. Transportation for Compensation Prohibited. It shall be unlawful in
the Town of Bude for any person to transport or deliver any alcoholic
beverage to another person for compensation of any kind except for
transportation permitted by state law, rules or regulations. State law
reference: Mississippi Code Annotated, 1972, Section 67-1-1, et seq.
and Section 27-71-15, et seq.
I. Possession of Alcoholic Beverages By Operators of Public Conveyance
Prohibited. It shall be unlawful in the Town of Bude for any person
operating any public conveyance to have any alcoholic beverage in their
possession in such conveyance. "Public Conveyance" shall be defined
as a taxi service, a limousine service, a bus service, or any other
motorized means of conveyance operating as a means of transporting
people for hire.
J. Employment of Persons Under the Age of 21. It shall be unlawful in
the Town of Bude to employ in connection with the sale of alcoholic
beverages a person under the age of twenty-one (21) for any employment
from which they are prohibited by the Rules and Regulations of the
Department of Revenue, in their present form and as hereinafter amended.
State Law Reference: Employment of Persons Under 21 Prohibited,
Mississippi Administrative Code, Section 35.11.2.08
K. Hours of Sale on Days Excepting Sunday. As set by State of
Mississippi law, rules and/or regulations, alcoholic beverages may be
sold as follows:
(i) For holders of state package retailer's permit, between the hours
of 10:00 a.m. and 10:00 p.m., except that no sales may be made on
Sundays or on Christmas Day; and
(ii) For on-premises permittees, including hotels, restaurants, clubs or
caterers with a state permit between the hours of 10:00 a.m. and 11:00
p.m., except no sales may be made on Sundays. It is further provided
that on New Year's Eve night on-premises permittees, including clubs
with a state Permit, may remain open until 1:00 a.m., January 1st. In
the event that New Year's Eve falls on a Sunday, on-premises
permittees, including clubs with a state permit, may remain open from
4:00 p.m. until 1:00 a.m.
(iii) These prohibited hours and days, all of which conform with present
state law, shall be subject to any amendment of state law, rules or
regulations, and shall conform with any amendments thereto without
amendment to this ordinance. They are further subject to specific
amendment by order of the Department of Revenue in response to a
petition by the City requested approval of alternate hours and/or Sunday
sales, which order shall survive any subsequent amendment to state law,
rules or regulations not specifically intended to supersede prior orders
by the Department of Revenue approving hours and days during which
alcoholic beverages may be sold.
(iv) While resorts are exempt from state hours and days of sale
regulations, the City may, by petition to the Department of Revenue,
request designated hours and/or days for resort sales without further
amendment to this ordinance. Any subsequent order of the Department of
Revenue on this subject is hereby adopted by reference.
(v) Any other limits, prohibitions or exceptions granted by state laws,
rules and/or regulations, in their present form and as hereinafter
amended are hereby adopted by reference.
State law reference: Hours and Days During Which Alcoholic Beverages
May Be Sold by Hotels, Restaurants, Clubs, Package Stores and Caterers,
Mississippi Administrative Code, Section 35.11.2.04
L. Sales For Off-Premises Consumption. It is unlawful for any
Alcoholic Beverages to be sold for off-premises consumption in
quantities less than said products are pre-packaged for sale by the
manufacturer.
M. Territory Where Sale Is Prohibited. All new businesses erected or
established after the adoption of this ordinance shall not sell
Alcoholic Beverages, either for on-premises or off-premises consumption,
within two hundred fifty (250) feet of the nearest point of the primary
building of any existing church or school. The distance shall be
measured from the nearest point of the building housing the church or
school to the nearest point of the premises which consists of the floor
planned area to be licensed by the commission. Said distance shall be
measured in a straight line, such as airline distance, rather than the
usual route of pedestrian travel.
N. Zones Where Alcoholic Beverages May Be Sold. All site plans for on
premises or off premises consumption must be submitted to the Bude Board
of Alderman for approval.
O. Bagging of Alcoholic Beverages Sold for Off-premises Consumption.
The sales clerk of each premises selling packaged Alcoholic Beverages
must first place the same in a non-see-through, opaque bag or sack
before delivering same to purchaser.
SECTION 7. RESTRICTIONS ON CONSUMPTION OF ALCOHOLIC BEVERAGES.
A. Open Containers Prohibited on Public Property. It shall be unlawful
for any person to possess an open container of alcoholic beverage
(liquor or wine) on public property, including buildings, parking lots,
sidewalks, streets and parks within the municipal boundaries of the Town
of Bude, Mississippi. Open containers do not include empty containers.
B. Open Container -- Vehicles. It shall be unlawful for any person to
possess an open container of alcoholic beverage either as an operator or
passenger of a motor vehicle. Open containers shall include containers
that have been opened and reclosed. Open containers do not include
empty containers.
C. Under Age Possession -- Private Property. It shall be unlawful for
any person not of legal age (21) to possess a container of alcoholic
beverage on private property.
D. Consumption of Package Alcoholic Beverage. There shall be no
on-premises consumption of packaged alcoholic beverage on the premises
where the same is sold.
E. On-Premises Consumption. It shall be unlawful for any premises
licensed for on-premises consumption to allow a patron to leave such
premises with either a full or partial container of alcoholic beverage.
F. Consumption in Public Buildings, Parks, etc. It shall be unlawful to
possess or consume alcoholic beverages in municipal buildings. It shall
be unlawful for any person to have in his/her possession, or to consume
alcoholic beverages or beer or light wine in city hall, municipal
buildings, municipal school buildings, stadiums, any public playgrounds,
public parks, fire stations, police stations, public libraries, parking
lots, or on any public grounds, buildings, parks and places owned,
maintained and operated directly by the Town of Bude except as provided
elsewhere herein.
1. Exceptions: Nonetheless, due to the unique nature and purpose of
certain municipal buildings and related activities required therein, the
following limited exceptions to this section are granted:
(a) Town of Bude Police Department. The Town of Bude Police Department
shall be authorized to serve alcoholic beverages, only during any
established instruction period of the National Traffic Safety
Administration (NHTSA) or other accepted curriculum for standardized
field sobriety testing and/or drug abuse recognition under the direction
of the state law enforcement liaison officer.
(b)Special Events. The Town of Bude Board of Aldermen may authorize the
sale and consumption of Alcoholic Beverages during city authorized
events taking place upon property or properties listed under Section 7:
Article F. Authorization of each event shall be considered on a case by
case basis giving utmost consideration for public welfare and safety,
and shall be voted on by the Board of Aldermen in an open meeting.
SECTION 8. PROHIBITED ACTS UPON LICENSED PREMISES. The following
described acts shall be deemed unlawful for any permittee for
on-premises or off-premises sale or consumption of Alcoholic Beverages:
A. Indecent Exposure. A person who willfully and lewdly exposes
his/her person, or private parts thereof, in or upon any duly licensed
premises, or procures another to so expose him or herself, is guilty of
a misdemeanor and shall upon conviction be fined not more than but up to
$1,000.00 or incarcerated for up to 90 days or both.
1. A person shall be deemed indecent, or will be considered "lewdly
exposed" if:
(a) engages in sexual intercourse upon such premises;
(b) engages in deviant sexual conduct upon such premises;
(c) appears in a state of nudity upon such premises;
(d) fondles the genitals of oneself or another person upon such
premise; or
(e) simulation of any of a through d listed above.
2. "Nudity" shall mean the showing of the male or female genitals,
area, or buttocks with less than a fully opaque covering, or any part of
the human female breast, directly or laterally below a point immediately
above the top of the areola, or the showing of the covered male genitals
in a discernibly turgid state.
3. No permittee, employee or agent thereof shall allow or permit any
person to willfully and lewdly expose his or her person, or private
parts, thereof in or upon any licensed premises, or procure another to
expose him or herself upon said premises. Allowance of such could
result in revocation of permittees permit and/or license and could
result in misdemeanor charges lodged against permittee, employee or
agent thereof.
B. Noise. No person(s), including but not limited to permittee, shall
cause or permit loud, boisterous, or disorderly conduct of any kind in
or upon a licensed premises.
C. Gambling. No person shall gamble illegally or operate an illegal
game or games of chance as defined by Mississippi Code Annotated Section
97-33-1 et seq. in or upon a licensed premises. Further, no permittee,
employee or agent thereof shall permit, allow or suffer illegal gambling
or the operation of illegal games of chance as defined by Mississippi
Code Annotated Section 97-33-1 et seq. in or upon a licensed premises.
SECTION 9. DISCONTINUING OPERATIONS DURING AN EMERGENCY. In the event
of any disturbance, uprising or riot or any other emergency of life,
property or public safety, the mayor and board of aldermen, or chief of
police may promptly order any and all places in the city where alcoholic
beverages are consumed, sold or otherwise dispensed, to discontinue such
for the period of such emergency.
SECTION 10. COMPLIANCE WITH STATE LAW REQUIREMENTS. No permit of
license required by this article shall issue to any person unless
satisfactory evidence is furnished to the tax collector that such person
has complied with the requirements of state law, and if the permit
required by state law is at any time revoked, said revocation shall
operate as a cancellation and forfeiture of the rights of the person
holding a permit or license from the municipality.
SECTION 11. PENALTY FOR VIOLATION OF ORDIANCNE; MISDEMEANOR; STATE
PENAL LAWS, Any violation of this ORDINANCE shall constitute a
misdemeanor and shall be punishable by a fine of not more than one
thousand dollars ($1000.00) or imprisonment for not more than ninety
(90) days, or both, as authorized by Section 21-3-1 M.C.A., unless
otherwise specified herein.
Misdemeanor violations of the penal laws of this State, including but
not limited to those referenced in this ordinance, shall be punishable
by a fine of not more than one thousand dollars ($1,000.00) or
imprisonment for not more than six (6) months, or both, as authorized by
Section 21-13-19 M.C.A.
SECTION 12. FAILURE TO ENFORCE CHAPTER. Failure to enforce any article
or provision of this ordinance shall not constitute a waiver nor imply
that the action is legal.
SECTION 13. TITLE. The sections and articles of this ordinance may be
referred to collectively as the "Bude Alcohol Ordinance".
This Ordinance shall take effect and be enforced as required by law.
This Ordinance having been first reduced to writing, was read,
considered and adopted, first section by section and then as a whole.
Thereupon, motion duly made by Alderman Jeffery Quick, seconded by
Alderman Jillian Dunmore to adopt the foregoing Ordinance, and
questions being put to roll call vote, the result was as follows:
Alderman Jeffrey Quick Voting Yea
Alderwoman Jillian Dunmore Voting Yea
Alderman Shane Griffin Voting Yea
Alderman John Knight Voting Yea
Alderwoman Norma Jean Kelly Voting Yea
Thereupon, the Mayor declared said Ordinance approved, passed and
adopted by unanimous vote on this the 29th day of June, 2023.
LINDA GREEN, MAYOR
Seal
ATTEST:
ELLISHA FORD,
TOWN CLERK
Publish: August 24, 2023
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