Dry county

A dry county is a county in the United States whose government forbids the sale of alcoholic beverages. Some prohibit off-premises sale, some prohibit on-premises sale, and some prohibit both. Hundreds of dry counties exist across the United States, although most commonly in the South and the predominantly Mormon state of Utah. A number of smaller jurisdictions also exist, such as cities, towns and townships, which prohibit the sale of alcoholic beverages. These are known as dry towns, dry cities or dry townships.

Background

History

Although the 21st Amendment repealed the prohibition of alcohol on the federal level, that Amendment also specifically prohibits the selling or production of alcohol in violation of local laws. Some local governments which had passed local laws prohibiting alcohol during national prohibition never re-legalized the sale of alcohol, maintaining a "dry" market.^{[citation needed]}

Many dry communities do not generally prohibit the mere consumption of alcohol, thus potentially losing profits and taxes from the sale of alcohol to their residents to "wet" — or non-prohibition — areas. The rationale for maintaining prohibition on the local level often is religious in nature, as many Protestant Christian denominations discourage the consumption of alcohol by their followers (see Christianity and alcohol, sumptuary law, and Baptists and Bootleggers). Similar laws designed to restrict the sale and consumption of alcohol also are common in the mostly LDS (Mormon) state of Utah, although Utah prohibits local jurisdictions from exercising control over liquor laws. An additional, more pragmatic intent of these laws often is to reduce alcohol consumption in that particular county (and the potential health, safety, and public order issues that can accompany it) by limiting the ease of acquiring it.

Transport

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It once had been considered that, because of the 21st Amendment, which repealed national prohibition and made alcohol prohibition a state matter rather than a federal one, states had the power to regulate interstate commerce with respect to alcohol traveling to, from, or through their jurisdiction. While the 21st Amendment does give states the power to ban alcohol, that power is not absolute. The Supreme Court of the United States held in Granholm v. Heald 544 U.S. 460 (2005) that states do not have the power to regulate interstate shipments of alcoholic beverages. Therefore, it may be likely that city, county, or state legislation banning possession of alcoholic beverages by passengers of vehicles operating in interstate commerce (such as trains and interstate bus lines) would be unconstitutional, were passengers on such vehicles simply passing through the area.

Today

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A 2004 survey by the National Alcoholic Beverage Control Association found that over 500 municipalities in the United States are dry, including 83 in Alaska. Almost one half of Mississippi's counties are dry. Its alcohol laws are similarly complex. In Florida, five of the 67 counties are dry (they are Lafayette, Liberty, Madison, Suwannee, and Washington) all of which are located in the northern part of the state, an area that has cultural ties to the Deep South.

Criticism of local "dry laws"

However, prohibiting alcohol sales may actually reduce public safety. Research has found that dry counties have higher proportions of alcohol-related traffic crashes than do wet counties. A study in Kentucky suggested that residents of dry counties have to drive farther from their homes to consume alcohol, thus increasing impaired driving exposure.^[1] A study of Arkansas noted that wet and dry counties are often adjacent and that alcohol beverage sales outlets are often located immediately across county or even state lines.^[2] Other researchers have pointed to the same phenomenon. Winn and Giacopassi observed that residents of wet counties most likely have "shorter distances [to travel] between home and drinking establishments."^[3] From their study, Schulte and colleagues concluded that in dry counties "individuals are driving farther under the influence of alcohol, thus increasing their exposure to crashes."^[4]

Contemporary studies highly correlate moderate alcohol beverage consumption with many health benefits, including (but not limited to) decreased risk of atherosclerosis.^[5]

Dry communities by state

Alabama

Of the 67 counties in Alabama, 14 are completely dry, 12 are partially dry or "moist" (these counties contain cities that have voted to allow alcohol sales), and 41 are completely wet.^[6] Within those 12 "moist" counties, 16 city governments have legalized alcohol sales inside their city limits.

• In order for an Alabama city or county to hold a wet-dry vote, 25% of the voters in the preceding general election must sign a petition requesting a vote.^[7] Petitions can be made to go from dry to wet or wet to dry.
• In dry counties, it is illegal to transport more than one case of beer and three quarts of liquor.^[8]

Alaska

• State law allows each village to decide on restrictions, and some boroughs may prohibit it altogether.^[9]

Arkansas

• Arkansas has 75 counties, of which more than half are dry, and all alcohol sales are forbidden statewide on Sundays. The issue is more complex than that, however, since any local jurisdiction (county, municipal, etc) can exercise control over alcohol laws via a public referendum. For this reason, some cities like Jacksonville, are dry despite being located in a "wet" county. In nearby North Little Rock, the distinction of areas is even more specific, with a single township inside the city designated as a dry area. In Fort Smith the situation is reversed, with a wet city existing in an otherwise dry county.
• Partial list of dry counties with county seat: Lafayette (Lewisville), Columbia (Magnolia), Little River (Ashdown), Sevier (DeQueen), Howard (Nashville), Pike (Murfreesboro), Clark (Arkadelphis), Hot Spring (Malvern), Montgomery (Mt. Ida), Saline (Benton), Grant (Sheridan), Sebastian (Fort Smith- which is wet inside the city limits), Crawford (Van Buren), Faulkner (Conway), Craighead (Jonesboro), Clay (Corning), Scott (Waldron), Benton (Bentonville), south Logan (Booneville), Perry (Perryville)
• Partial list of wet counties: Miller (Texarkana), Garland (Hot Springs), Pulaski (Little Rock), Ouachita (Camden), Washington (Fayetteville), Madison (Berryville), Carroll (Green Forest), north Logan (Paris), Jefferson (Pine Bluff), Franklin (Ozark)

Connecticut

• Bridgewater is the last remaining "dry town" in the state.
• While not legally "dry", alcoholic beverages are not sold in either Easton's stores or in its restaurants.
• Connecticut does not allow sales of liquor, beer, or wine from 9pm to 8am, anytime Sundays, and certain holidays.

Florida

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There are five dry counties in Florida:

Georgia

• Murray County, in northwest Georgia, is a dry county, although the city of Eton allows the sale of liquor at a local level. Hart County in northeast Georgia is currently a dry county which prohibits the sale of liquor, yet a referendum was voted on in the general election on November 6, 2007 to allow the sale of liquor by the drink.
• White County, in northeast Georgia, is a dry county except in the city limits of Helen, Georgia. In Helen alcohol can be served and sold, and is known to be a DUI trap, as there is only a single route into and out of town, along Georgia State Route 75.
• Dawson County, was historically noted for being a heavy Moonshine county but was a dry county until recently with the first package store opening on July 27, 2007.
• Bulloch County was previously a partially dry county, but a referendum in 1998 removed the ban on alcoholic beverages.
• Fannin County is a partially dry county, allowing for the sale of beer in restaurants only.
• Coweta County is a partially dry county.
• Union County is a dry county
• Brooks County prohibits the sale of alcohol except beer and wine, with no sales on Sunday. The city of Quitman, within Brooks County, has allowed the sale of alcohol other than beer and wine in restaurants only since 2005. The new law was passed by Quitman voters despite fierce opposition from local religious and community leaders.
• Effingham County, near Savannah, Georgia, is a partially dry county. Sale of liquor is prohibited, but the sale of beer and wine is allowed.
• Georgia prohibits the sale of alcohol on Sundays at retail locations, and has limits on the sale of alcohol at bars/restaurants.
• Upson County is a dry county.

Illinois

• The village of South Holland, Illinois, has been a dry municipality since it was founded by Dutch Reformed immigrants in 1894.^[10] It is likely that Illinois state law, which requires all communities to abide by the state liquor law, supersedes this law (see below).

Kansas

See also: Alcohol laws of Kansas

Kansas had prohibition longer than any other state (except Mississippi), from 1881 to 1948, and continued to prohibit bars selling liquor by the drink until 1987. Both the 1948 amendment to the Kansas Constitution which ended prohibition and the 1986 amendment which allowed for open saloons provided that the amendments only would be in effect in counties which had approved the respective amendments, either during the election over the amendment itself or subsequently.

All counties in Kansas have approved the 1948 amendment, but 29 dry counties never approved the 1986 amendment and therefore continue to prohibit any and all sale of liquor by the drink.^[11] Public bars (so-called "open saloons") are illegal in these dry counties. Another 59 counties (including Johnson County, the largest county in Kansas and the largest Kansas portion of the Kansas City Metropolitan Area) approved the 1986 amendment but with a requirement that to sell liquor by the drink, an establishment must receive 30% of its gross revenues from food sales.^[12] Only 17 counties in Kansas approved the 1986 amendment without any limitation, allowing liquor to be sold by the drink without any food sales requirement.^[13]

Kentucky

Of the 120 counties in Kentucky, 52 are completely dry, 38 are considered partially dry or "moist", 29 are entirely wet, and one is classified as wet but is actually closer to "moist".^[14]

Massachusetts

• The following towns in Massachusetts are dry, as of 04/19/2007: Alford, Aquinnah (formerly Gay Head), Chilmark, Dunstable, Gosnold, Hawley, Lincoln, Montgomery, Mt Washington, Tisbury, West Tisbury, Westhampton, and Weston.^[15]
• Rockport is a formerly dry town which became moist three years ago. The town now issues liquor licenses to full service restaurants. Alcohol may only be served to patrons who are consuming a full meal, and there are no bars in the town. There are also no stores which sell beer wine or liquor in the town of Rockport, as the town still prohibits retail of all alcoholic beverages.

Michigan

• Wayne County, Michigan, whose county seat is Detroit, is notable in that one cannot buy alcoholic beverages in any gas station there, possibly to discourage drunk driving. The 7-Eleven gas stations there are the only 7-Elevens in Michigan that do not sell alcohol.
• Hudsonville, voted to allow alcohol sales on November 6, 2007, ending its run as the last dry city in Michigan. Hudsonville's vote follows the precedent of voters in both Zeeland, and Allendale Charter Township, choosing to overturn their bans on alcohol sales to adults age 21 and older in recent years.^[16]
• Michigan prohibits the sale of alcoholic beverages before noon on Sundays.
• Michigan prohibits the sale of alcohol in bars and restaurants on Christmas Day, December 25.

Minnesota

• Lakeside, a neighborhood within Duluth, Minnesota, prohibits the sale of alcohol even though it is part of a larger municipality. This was part of its charter when it was incorporated into Duluth in 1893. An advisory referendum to overturn the prohibition failed by one vote (2858 to 2857) in November 2008.^[17]
• Minnesota prohibits the sale of liquor in liquor stores (off-sale) on Sundays, however, bars and restaurants may sell liquor on Sundays for on-premises consumption. However, 3.2% alcohol beer is allowed for sale on Sundays in convenient and grocery stores.
• No alcohol is sold on the Red Lake Indian Reservation

Nevada

• The town of Panaca, Nevada, was southern Nevada's first permanent settlement, founded as a Mormon colony in 1864. It originally was part of Washington County, Utah, but the Congressional redrawing of boundaries in 1866 shifted Panaca into Nevada. It remains Nevada's only dry municipality, only because it is grandfathered into state law.^[18]

New Jersey

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• Ocean City, a major beach-side resort, is dry, and uses this fact to promote itself to tourists as family-friendly. Wildwood Crest is also dry, although Wildwood itself is not.
• There are several other dry communities in the southern part of the state, mostly a result of Quaker influence, including Moorestown, Collingswood, Haddonfield, Pitman, and Haddon Heights

New York

• In 2007, referendums were placed on the ballots of two dry and two moist towns, asking the voters to allow the towns to become "wet". Potter, which was previously dry, voted to go wet. Mina, which was moist, voted to go wet. Bovina, which was previously dry, voted to become moist. Franklin, which was moist, voted to stay moist.^[19]
• After this latest vote, there remain ten towns in New York state that are completely dry, including Neversink, established 1798, in Sullivan County.^[20]
• The other "dry" towns in the state are: Caneadea in Allegany County, Clymer and Harmony in Chautauqua County, Lapeer in Cortland County, Orwell in Oswego County, Fremont and Jasper in Steuben County, Berkshire in Tioga County and Argyle in Washington County.^[19]
• The town of West Almond, New York does not allow off-premises consumption, while the towns of Freedom, Hartford, Franklin, Seneca, Caton, Rathbone, Newark Valley, Butler, Rose, Pike, Wethersfield and Middlesex do not allow on-premises consumption.^[19]
• The towns of Essex, Bovina, Gorham, Richford, Orangeville and Barrington do not allow on-premises consumption except in year-round hotels.^[19]

North Carolina

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• There are currently two dry counties: Graham and Yancey.
• North Carolina does not allow alcohol sales between 2am and 7am Monday through Saturday or before noon on Sundays.

Ohio

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• The city of Westerville, Ohio, was dry for more than a century. Once the home of the Anti-Saloon League and called the "dry capital of the world", the first legal drink in recent times was served in 2006.
• The village of Bethel in Clermont County has been dry since the repeal of prohibition. But recently, through use of the single precinct vote system, precincts A and C can now sell (but not serve) alcohol. Business must first be put onto the ballot and voted into permitation.
• Lawrence County is dry but individual towns can choose to allow sales of alcohol.
• Adams County is a dry county
• Hartville Ohio is a dry city.

Oregon

• The city of Monmouth, Oregon was the last dry municipality on the Pacific coast outside of Alaska until it repealed its prohibition on January 10, 2003. Oregon state law now prohibits any dry community from existing (see below).
• Throughout the state of Oregon, beer, wine, wine coolers, malt liquor and similar beverages may be purchased in a convenience store, grocery store and similar outlets. However, sales of "hard" liquor are restricted to state-controlled outlets, as well as bars, or restaurants that include a bar. As such, there are relatively few stand-alone liquor stores in Oregon (for example, as of March 18, 2008, there were only 35 stand-alone liquor stores in the city of Portland, Oregon, which had a 2000 population of 529,000 residents). Oregon also has taverns that sell beer and wine only. All outlets selling "hard" liquor are subject to the rules and regulations of the state-run Oregon Liquor Control Commission (OLCC). By law, any establishment wishing to sell any alcoholic beverage in the state of Oregon must also offer food for sale, including bars, taverns, music venues, fairs and festivals, and so-called strip clubs. Oregon is one of 18 states that directly control the sales of alcohol beverages in the U.S.

Pennsylvania

• The state has a number of dry municipalities, but no dry counties.
• In Pennsylvania, sales of alcoholic beverages are prohibited in grocery and convenience stores.^[21] Non-alcoholic beer can be bought in these stores, but even then, purchasers must be at least 21 years of age.
• Beer, wine and spirits are available for on-premises consumption at bars, taverns and restaurants; no single bottles or cans can be sold to drink off premises. Every bar, tavern and restaurant must purchase a state-issued "liquor license" to be legally permitted to serve alcohol.
• Unopened six-packs of beer can be sold "to-go" by bars, taverns, and certain restaurants.
• Bottles of wine and spirits are only available in state owned/operated liquor stores. See the Pennsylvania Liquor Control Board.
• Cases and kegs of beer are sold only by state-licensed independent beer distributors.

Tennessee

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• The consolidated city-county government of Lynchburg and Moore County, Tennessee, is a dry county, notwithstanding that it is home to the Jack Daniel's distillery. (A special state law allows the distillery to sell small, commemorative bottles of Jack Daniel's whiskey to tourists, but not on Sundays.)

• Campbell, Cumberland, Hancock, Sevier, and White are also dry counties.

Texas

Of Texas's 254 counties, 45 are completely dry, 170 are partially dry or "moist", and 39 are entirely wet. The vast majority of entirely wet counties are in southern border regions of Texas near Mexico, or in the south central part of the state. The patchwork of laws can be confusing, even to residents. In some counties, only 4% beer is legal. In others, beverages that are 14% or less alcohol are legal. In some "dry" areas, a customer can get a mixed drink by paying to join a "private club," and in some "wet" areas a customer needs a club membership to purchase liquor by-the-drink, reports the Fort Worth Star-Telegram.

The newspaper demonstrates how variable the alcohol laws can be, even within small geographic areas. "...Move to Burleson, which has alcohol sales in the Tarrant County portion of the city but not in the Johnson County side of town."^[22] May 16, 2004. Since this article was written, Arlington approved wine sales in grocery stores; Grand Prairie also approved grocery store beer and wines sales.

Texas prohibits off-premises sale of liquor on Sundays.

Wisconsin

• The village of Ephraim, Wisconsin, is the only dry municipality in Wisconsin; it has been dry since its founding in the mid-nineteenth century, and its anti-liquor laws have been upheld decisively in two referenda (in 1934 and 1992).^[23]
• The city of Sparta, Wisconsin is the largest community in Wisconsin that restricts beer and liquor sales to taverns and restaurants that have an on-premise consumption license. Grocery and convenience stores cannot sell beer and liquor there. The community abolished Class A licenses for retail sales in 1966 through referendum, when a local liquor store owner in the city objected to a grocery store's application for a class A license. Referendums were defeated in 1982, 1986, 1992, 2005, 2007, and 2009 for class A licenses. Opposition to Class A licenses in the community is widely believed to be from the liquor store owner(s), who locate on the border of the city in neighboring towns that allow Class A licenses. Local opposition from these liquor stores is also widely believed to be a monopolistic motivation to protect their business trade by restricting it in Sparta.^[24] On April 7, 2009, in the Wisconsin 2009 spring general election, voters defeated the referendum questions about changing restrictions on the beer and liquor sales in Sparta, for the sixth time.^[25][26]

States which permit localities to go dry

33 states have laws which allow localities to prohibit the sale (and in some cases, consumption and possession) of liquor. Still, many of these states have no dry communities. Three states, Kansas, Mississippi, and Tennessee, are entirely dry by default: counties specifically must authorize the sale of alcohol in order for it to be legal and subject to state liquor control laws.

• Alabama specifically allows cities and counties to elect to go dry by public referendum.^[27]
• Alaska specifically allows local jurisdictions to elect to go dry by public referendum.^[28]
• Arkansas specifically allows local jurisdictions to elect to go dry by public referendum.^[29]
• California specifically allows local jurisdictions to enact liquor laws which are more strict than state law.^[30]
• Colorado specifically allows cities and counties to exercise a local option by public referendum whether to go dry.^[31]
• Connecticut specifically allows towns to exercise a local option by public referendum whether to go dry.^[32]
• Delaware's state constitution allows specifically-defined local districts to elect to go dry by public referendum.^[33]
• Florida specifically allows counties to elect to go dry by public referendum.^[34]
• Georgia specifically allows any local jurisdiction to go dry, without limitation on how that decision is made.^[35]
• Idaho allows local jurisdictions to prohibit sale of liquor by the drink by public referendum,^[36], but because all retail package sales are controlled by the state, no local jurisdiction may prohibit package liquor sales for consumption off-premises.
• Kansas is dry by default; counties have to choose to allow liquor sales in order for liquor to be sold at all in the county.^[37] (see Alcohol laws of Kansas)
• Kentucky specifically allows local jurisdictions to elect to go dry by public referendum.^[38] The Kentucky Constitution implies that the default wet/dry status of any local subdivision reflects the state of its local laws at the time that statewide prohibition ended.^[39]
• Louisiana specifically allows local jurisdictions to go dry, without limitation on how that decision is made.^[40]
• Maine specifically allows local jurisdictions to elect to go dry by public referendum.^[41]
• Massachusetts requires that a series of questions of whether to go dry be placed on each municipality's local ballot every two years, unless the municipality has voted to allow or prohibit liquor sales in three such consecutive elections.^[42]
• Michigan allows any city, village, or township in which there are no retail liquor licenses to prohibit the retail sale of alcoholic liquor within its borders by passage of an ordinance.^[43]
• Minnesota allows any local jurisdiction to enact laws which are more strict than state liquor law, including completely prohibiting the sale, possession, and consumption of alcoholic beverages.^[44]
• Mississippi is dry by default; local jurisdictions have to choose to allow liquor sales in order for liquor to be sold at all in the county.^[45]
• New Hampshire specifically allows local jurisdictions to elect to go dry by public referendum.^[46]
• New Jersey specifically allows local jurisdictions to exercise full control over alcoholic beverages, including completely prohibiting all alcohol.^[47]
• New Mexico is wet by default, however dry on Sundays until Noon. It is however allowed for local jurisdictions to elect to go dry by public referendum.^[48]
• New York specifically allows cities and counties to exercise a local option by public referendum whether to go dry.^[49] (see Alcohol laws of New York)
• North Carolina allows certain classes of local jurisdictions to exercise a local option by public referendum whether to go dry.^[50] (see Alcohol laws of North Carolina)
• Ohio state law allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.^[51]
• Rhode Island state law allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.^[52]
• South Dakota allows certain classes of local jurisdictions to exercise a local option by public referendum whether to prohibit the on-premises sale of liquor.^[53]
• Tennessee is dry by default; local jurisdictions must choose whether to allow liquor sales in order for liquor to be sold.^[54]
• Texas allows local jurisdictions to exercise a local option to decide whether it is "wet" or "dry," and does not limit how that decision shall be made.^[55]
• Vermont allows municipalities to exercise a local option by public referendum whether to prohibit the sale of liquor.^[56]
• Virginia allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.^[57]
• Washington allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.^[58]
• West Virginia allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.^[59]
• Wisconsin allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.^[60]

States which preclude dry communities

Seventeen states have laws which preclude the existence of any dry counties whatsoever:

• Arizona prohibits local jurisdictions from enacting any alcohol laws stricter than state law.^[61] As a result, no dry communities can exist in Arizona.
• Hawaii does not allow for any local control of liquor beyond licensing of manufacture and sale.^[62]
• Illinois only allows for local control as to the "number, kind and classification of licenses, for sale at retail of alcoholic liquor," but such local control cannot supersede state law, thereby preventing any local jurisdiction from going dry.^[63]
• Indiana's comprehensive state alcohol laws only allow local liquor boards to issue liquor licenses for sale and manufacture; all other regulation of alcohol is an operation of state law.^[64]
• Iowa state law specifically requires each county's liquor board to allow liquor licenses and follow the provisions of state liquor law.^[65] As a result, there can be no dry cities or counties in Iowa.
• Maryland prohibits local jurisdictions from imposing restrictions on licensing which are more strict than state law.^[66]
• Missouri state law specifically prohibits any counties, or unincorporated city or town from banning the retail sale of liquor, but only allows incorporated cities to ban the sale of liquor by the drink by public referendum.^[67] No incorporated Missouri cities have ever chosen to hold a referendum banning alcohol sales. In addition, Missouri state law specifically supersedes any local laws that restrict the sale of alcohol.^[68] (see Alcohol laws of Missouri)
• Montana state law vests control of alcoholic beverages solely in the power of the state, although county voters may, by initiative, prohibit alcohol sales.^{[69] [70] [71]}
• Nebraska only grants local governing bodies authority to approve applications and deny licenses pursuant to state law.^[72]
• Nevada state law specifically requires each county's board of county commissioners to allow liquor licenses and follow the provisions of state liquor law.^[73] As a result, there can be no dry cities or counties in Nevada, except that a few rural jurisdictions in are grandfathered into the ability to still be partially or totally dry.
• North Dakota state law provides that each local jurisdiction's liquor board must allow liquor licenses, and sets the range of allowable fees.^[74]
• Oklahoma state law requires the liquor ordinances of municipalities and counties to conform to the state Alcoholic Beverage Control Act, and prohibits local jurisdictions from enacting penalties more severe than those of the state law.^[75] As a result, there can be no dry cities or counties in Oklahoma. (see Alcohol laws of Oklahoma) The 28 so-called "dry" counties can sell low-point beer or have a license for a "bottle club," where members can bring their own bottles of alcohol under certain guidelines.
• Oregon's Liquor Control Act, which is "designed to operate uniformly throughout the state," specifically replaces and supersedes "any and all municipal charter enactments or local ordinances inconsistent with it," thereby precluding dry communities in Oregon.^[76]
• Pennsylvania state law vests control of alcoholic beverages solely in the power of the state.^[77]
• South Carolina state law vests control of alcoholic beverages exclusively in the power of the state.^[78]
• Utah state law provides that local jurisdictions only may enact alcohol control legislation which does not conflict with state law, thereby precluding the ability of communities to go dry.^[79]
• Wyoming state law provides that each local jurisdiction's liquor board must allow liquor licenses.^[80]

References

External links

Maps

• Map of Wet and Dry Counties in Kansas
• Kentucky Counties: Wet/Dry Status
• Dry towns in Massachusetts
• Frequently Asked Questions on Minnesota liquor laws