Incomplete map of dry counties.
  Dry counties
  Partially dry counties
  Wet counties
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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 Midwest. A number of smaller jurisdictions also exist, such as cities and towns, which prohibit the sale of alcoholic beverages. These are known as dry towns or dry cities.

Background

Although the 21st Amendment repealed the prohibition of alcohol on the federal level, that Amendment also specifically prohibits the selling or production of alcohol in violation of local laws.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.[1]

Many dry communities do not generally prohibit the mere consumption of alcohol. Thus, they lose the 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) (see also sumptuary law). 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.

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. It is also illegal to transport unopened containers of alcohol across any dry county in the state.[1] In Florida, five out of 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.

Dry communities by state

Alabama

Alabama has 26 dry counties[2]. Within those 26 counties, 16 city governments have legalized alcohol sales inside their city limits.

Kentucky

Of the 120 counties in Kentucky, 54 are completely dry and 30 are wet.[5] The remaining 36 counties fall somewhere in between.

A study of about 39,000 alcohol-related traffic accidents in Kentucky found that residents of dry counties are more likely to be involved in such crashes, possibly because they have to drive farther from their homes to consume alcohol, thus increasing impaired driving exposure. The study concludes that county-level prohibition is not necessarily effective in improving highway safety.

Texas

Of Texas's 254 counties, 44 are completely dry and 169 are partially dry or "moist". 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 from Fort Worth to Arlington and you’ll be surprised that you can buy beer but not wine at the grocery store. Move to Grand Prairie and you can’t even find beer there, but you can buy alcoholic drinks at restaurants in both towns. Then move to Burleson, which has alcohol sales in the Tarrant County portion of the city but not in the Johnson County side of town."[8]

Other notable "dry" jurisdictions

Transport

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.

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.

States which preclude dry communities

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

References

  1. ^ a b Dry counties
  2. ^ Alabama.
  3. ^ Code of Alabama.
  4. ^ Alabama liquor laws.
  5. ^ a b "Wet & Dry Counties in Kentucky" (PDF). Kentucky Office of Alcoholic Beverage Control. 2005-08-19. Retrieved 2007-03-17.
  6. ^ Haley, Heather (2007-04-18). "Whitesburg Goes "Wet"". WKYT-TV. Retrieved 2007-06-24.
  7. ^ "All precincts but one vote yes". The Daily Independent (Ashland, KY). May 23, 2007. ((cite web)): Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help); Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  8. ^ Labbe, J.R. "You may need a drink to understand our liquor laws." Fort Worth Star-Telegram, May 16, 2004.
  9. ^ Ala. Code Title 28, Chapters 2 and 2A
  10. ^ A.S. Section 04.11.491
  11. ^ Ark. Code Title 3, Chapter 8
  12. ^ Cal. Bus. Code Section 25612.5
  13. ^ Colorado Revised Statutes (C.R.S.) Section 12-47-105
  14. ^ Conn. Gen. Stat. Section 545-30-9
  15. ^ Dela. Const. Art. XIII
  16. ^ Fla. Stat. Chapter 567
  17. ^ O.C.G.A. § 3-10-1
  18. ^ Idaho Stat. Section 23-917
  19. ^ "Kansas Liquor Law," Kansas Legislative Research Department (2003)
  20. ^ K.R.S. Chapter 242
  21. ^ La.R.S. Section 26:147
  22. ^ Maine R.S. Title 28-A Section 121
  23. ^ Mass. Gen. L. 138-11
  24. ^ M.C.L. Section 436.2109
  25. ^ Minn. Stat. Section 340A.509
  26. ^ Miss. Code Section 67-1-3
  27. ^ N.H. Stat. Section 663:5
  28. ^ N.J. Stat. Section 33:1-40
  29. ^ N.M. Stat. Section 33:1-40
  30. ^ New York Alcoholic Beverage Control Code, Article 9
  31. ^ N.C. Gen. Stat. §§18B-600 through 605
  32. ^ O.R.C. Section 4301.35
  33. ^ R.I. Gen. L. Section 3-5-2
  34. ^ S.D.C. Chapter 35-3
  35. ^ Tenn. Code Title 57, Chapters 2 and 3
  36. ^ Tex. Alcoholic Beverage Code Title 6
  37. ^ 7 V.S.A. Section 161
  38. ^ Va. Code Section 4.1-122
  39. ^ Chapter 66.40, R.C.W.
  40. ^ W.V.C. Section 60-8-27
  41. ^ Wisc. Stat. Ann. Section 125.05
  42. ^ A.R.S. Section 4-224
  43. ^ H.R.S. Chapter 281
  44. ^ 235 IL.C.S. 5/4‑1
  45. ^ Ind. Code Title 7.1
  46. ^ Iowa Code Section 123.32
  47. ^ Md. Code Art. 2B, Section 8-101
  48. ^ Sections 311.110-311.170, R.S.Mo.
  49. ^ Mont. Code Section 16-1-101(2)
  50. ^ Section 53-134.02, Revised Statutes of Nebraska
  51. ^ Nevada Revised Statutes (N.R.S.) Chapter 369
  52. ^ Okla. laws ch. 37
  53. ^ Ore. Rev. Stat. Section 471.045
  54. ^ Pa. Code Ch. 40
  55. ^ S.C. Code Section 61-2-80
  56. ^ Utah Code Section 32A-1-102
  57. ^ Wyo. Stat. Section 12-4-101

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