Dry County - China Stone Texture - Tileable Stone Texture
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. 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Although the 21st Amendment repealed the prohibition of alcohol on the federal level, that Amendment also specifically prohibits the selling or production of alcohol in violation of local laws.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). While State law does not allow for dry counties, similar laws designed to restrict the sale and consumption of alcohol also are common in the mostly LDS (Mormon) state of Utah. Utah State law 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It once had been considered that, because of the 21st Amendment, which repealed national prohibition and made alcohol prohibition a state matter rather than a federal one, states had the power to regulate interstate commerce with respect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. 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. 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." 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."
Contemporary studies highly correlate moderate alcohol beverage consumption with many health benefits, including (but not limited to) decreased risk of atherosclerosis.
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. 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. 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.
Alaska
State law allows each village to decide on restrictions, and some boroughs may prohibit it altogether.
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 same situation exists with a wet city existing in an otherwise dry county. A city or municipality can elect to go dry in a wet county, but a city or municipality cannot elect to go wet in a dry county.
Partial list of dry counties with county seat: Lafayette (Lewisville), Columbia (Magnolia), Little River (Ashdown), Sevier (DeQueen), Howard (Nashville), Pike (Murfreesboro), Clark (Arkadelphia), 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:
Lafayette County
Liberty County
Madison County
Suwannee County
Washington County
Georgia
Georgia prohibits the sale of alcohol on Sundays at retail locations, and has limits on the sale of alcohol at bars/restaurants.
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.
Bulloch County was previously a partially dry county, but a referendum in 1998 removed the ban on alcoholic beverages.
Coweta County is a partially dry county.
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.
Effingham County, near Savannah, Georgia, is a partially dry county. Sale of liquor is prohibited, but the sale of beer and wine is allowed.
Fannin County is a partially dry county, allowing for the sale of beer in restaurants only.
Franklin County is a dry county, though several towns within the county are not.
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.
Union County is a dry county.
Upson County is a dry county.
White County, in northeast Georgia, is a dry county except in the city limits of Helen, Georgia and beer and wine outside of the city limits of Cleveland, Georgia (effective January 1, 2009). 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.
Illinois
The village of South Holland, Illinois, has been a dry municipality since it was founded by Dutch Reformed immigrants in 1894. 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. 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. 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.
Kentucky
Main article: Alcohol laws of 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."
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, and Westhampton.
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.
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.
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.
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,Haddon Heights and Island 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.
After this latest vote, there remain ten towns in New York state that are completely dry, including Neversink, established 1798, in Sullivan County.
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.
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.
The towns of Essex, Bovina, Gorham, Richford, Orangeville and Barrington do not allow on-premises consumption except in year-round hotels.
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.
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
Main article: Alcohol laws of 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. 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
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