Q May a municipality, by ordinance, permit the sale, possession of open containers, and consumption of wine, alcoholic beverages, or distilled spirits on public streets or city owned property?

A No, regulation of the manufacture, sale, distribution, possession, and transportation of alcoholic beverages falls squarely and exclusively within the jurisdiction of the Alcoholic Beverage Control Division of the Department of Revenue. The municipality may permit beer and light wine be sold on property owned by a political subdivision by persons holding the requisite permits. The municipality may also regulate the possession of open containers per Section 67-3-65. (Attorney General’s Opinion to Martin, July 1, 2016)