Published November 02, 2009 09:57 am -
City of Ellisville still working on alcohol ordinance
Sheriff warns residents to be mindful of open container law
By Charlotte A. Graham, countyreporter@laurelleadercall.com
Ellisville city officials are working on an ordinance that will govern the way beer and light wine will be sold in the city.
“We are looking at all the legalities at this point,” said Mayor Tim Waldrup. “We do know that since we are in a dry county, no open container can be found on the seat of anyone driving a vehicle.
“People will have an opportunity to buy beer and light wine, but they still have to obey the law.”
And according to Jones County Sheriff Alex Hodge those who violate the law will be arrested. He notes, however, that the department uses a common sense policy when it comes to laws governing the sale of beer.
Mississippi law prohibits the “transportation, storage, sale, distribution, receipt and/or manufacturing of wine and beer of an alcoholic content of not more than four percent.”
Hodge said that since Ellisville and Laurel allow the sale of alcohol in their city limits, the sheriff’s department recognizes that beverage must get from “Point A to Point B.”
“As long as it is being transported down the road and you have not been consuming alcohol, you’re OK,” said Hodge. “We won’t bother you.
“If you come up to a check point, you have been drinking and you have beer in the car with you, you’ve got a problem. It now becomes a secondary violation and you will be charged with possession of beer in a dry county.”
Hodge said any time an individual is cited for beer possession, it’s not the reason they were pulled over by the officer. The individual caused a disturbance in some way that caused the deputy to suspect that there was a problem.
“If you present me with a problem, I’ve got to solve it,” explained Hodge. “I’ve got to fix it one way or the other. If you break the law, you give me no other choice.”
Mississippi imposed state-wide alcohol prohibition in 1907, more than 12 years before the rest of the country. It was the very first state to ratify the 18th Amendment to create National Prohibition.
Hodge said he is not one to condemn drinking. He just wants people to drink responsibly. “You just have to use common sense, regardless,” he said. “When you are allowed to purchase beer in Ellisville, drive it to the house and do what you are going to do.
“Don’t open it in the store parking lot or in the car. If you are found with open containers in your vehicles, there is a good chance it will end up being poured out.
“Even if you are not drunk, if I let you leave with it, I have knowingly jeopardized your life, as well as the life of someone else you may meet down the road. You may not been drunk when you were stopped, but if beer is on your breathe, what do you think the chances are that you will open another can somewhere down the road?”