Dry county

A dry county is a in the  whose  forbids the sale of s. 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 and. 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.

History
Although the repealed the, that Amendment also specifically prohibits the selling or production of alcohol in violation of local laws.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.

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 s discourage the consumption of alcohol by their followers (see ) (see also ). Similar laws designed to restrict the sale and consumption of alcohol also are common in the mostly state of, 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
It once had been considered that, because of the, which repealed national prohibition and made alcohol prohibition a state matter rather than a federal one, states had the power to regulate interstate commerce with respect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 held in   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
A survey by the  found that over 500 municipalities in the United States are dry, including 83 in. Almost one-half of '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. In, five out of 67 counties are dry (they are , , , , and ) all of which are located in the northern part of the state, an area that has cultural ties to the.

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 of 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."

Alabama
Of the 67 in, 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

Arkansas

 * In, some cities, like , are dry despite being located in a "wet" county. In nearby , the distinction of areas is even more specific, with a single  inside the city designated as a dry area.
 * , in the northwest corner of the state, is considered one of the "wettest" dry counties with 186 private establishments.

Connecticut

 * In, 2005, , , became the last remaining "dry town" in that state.
 * Wilton, CT was a "dry town" until 1992 when voters of that town repealed the prohibition laws, allowing limited restaurants a license to serve alcohol. However, Wilton still does not allow the sale of liquor in any stores within its municipality.
 * While not legally "dry", there are neither stores in which you can purchase alcohol, nor restaurants that serve alcohol in Easton, CT.

Georgia

 * , in northwest, is a dry county, although the city of 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 will be voted on in the general election on November 6, 2007 to allow the sale of liquor by the drink.

Illinois

 * The village of, has been a dry municipality since it was founded by immigrants in . It is likely that  state law, which requires all communities to abide by the state liquor law, supersedes this law (see below).

Kansas

 * See also:

had prohibition longer than any other state, from to, and continued to prohibit bars selling liquor by the drink until. Both the 1948 amendment to the which ended prohibition and the  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. 59 other counties (including, the largest county in Kansas and the largest Kansas portion of the ) 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
Of the 120 in, 53 are completely dry, 37 are considered partially dry or "moist", and 30 are entirely wet.


 * Under (KRS) 242.123, an individual precinct within any dry territory—which can be a dry county, or a dry portion of an otherwise wet county—that contains a -regulation  may vote to allow the sale of alcoholic beverages by the drink on that specific course. As of the last officially published update on Kentucky wet and dry counties by the Kentucky Office of Alcoholic Beverage Control (ABC) in May 2007, 15 golf courses in 12 different counties were approved for such sales. Note that two of the counties with approved golf courses are actually wet.
 * KRS 243.155 allows individual precincts within dry territory to vote to allow a "small farm " to operate within the precinct. Once approved, a winery not only can produce and sell wine on its premises but also can apply for a license to sell wine and beer by the drink in a restaurant located on its premises. As of May 2007, 16 wineries were operating in 11 counties under this statute. KRS 243.154 allows a wholesale distributor of wine produced in small farm wineries to operate in dry territory.
 * KRS 242.185(6) allows either a dry county or a city located in a dry county to vote to allow s that seat at least 100 patrons and derive at least 70% of their total sales from food to serve alcohol by the drink. The Kentucky ABC listed 19 cities and three counties that had voted to approve such sales as of May 2007. The most recent areas to authorize such sales were the city of in April 2007 and  outside of the wet city of  the following month. The other counties that have authorized restaurant sales countywide are  and  outside of the wet city of.
 * In addition to Shelbyville and Ashland, fourteen other cities are wet cities located in dry counties. An otherwise dry county for general retail sales that contains a wet city is also known as a.
 * KRS 242.1242, enacted into law in June 2007, allows precincts in dry territory that also house a "qualified historic site"—defined in KRS 242.010(34) as either a site listed on the or a, which also includes dining facilities for at least 50 patrons plus lodging—to hold a local option election to allow sales of alcohol by the drink at qualified sites in that precinct. The first such election was held in the North  precinct of  on  , in which voters approved such sales at the , the largest restored  settlement in the U.S.

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.

Michigan

 * ,, home to , is notable in that one cannot buy alcoholic beverages in any there, possibly as a motive to discourage drunk driving. The  gas stations there are the only 7-Elevens in Michigan that do not sell alcohol.
 * voted to allow alcohol sales on, , ending its run as the last dry community in Michigan. Hudsonville's vote follows the precedent of voters in both , and choosing to overturn their bans on alcohol sales in recent years.

Minnesota

 * , prohibits any establishments from selling liquor stronger than 3.2 beer.

New Jersey

 * ,, a major beach-side resort city, is dry, and uses this fact to promote itself to tourists as family-friendly.

Nevada

 * The town of, was southern 's first permanent settlement, founded as a colony in . It originally was part of , but the Congressional redrawing of boundaries in  shifted Panaca into . It remains Nevada's only dry municipality, only because it is grandfathered into state law.

Ohio

 * The city of, , was dry for more than a century. Once the home of the and called the "dry capital of the world", the first legal drink in recent times was served in.

Oregon

 * The city of was the last dry municipality on the Pacific coast outside of Alaska until it repealed its prohibition on, .  state law now prohibits any dry community from existing (see below).

Pennsylvania

 * In, one cannot buy beer or wine in a grocery store or a . Wine and spirits are sold only in state owned/operated liquor stores, while beer is sold only by state licensed independent beer distributors. Non-alcoholic beer can be bought in grocery stores and convenience stores, but even then one has to be 21 to buy it.
 * The state has a number of dry municipalities. Perhaps most notable is, although patrons of restaurants may bring bottles of wine for consumption.

Tennessee

 * The government of  and, , is a dry county, notwithstanding that it is home to the  . (A special state law allows the distillery to sell small, commemorative bottles of Jack Daniel's whiskey to tourists.)

Texas
Of 's, 46 are completely dry, 169 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 .

The newspaper demonstrates how variable the alcohol laws can be, even within small geographic areas. "Move from to  and you’ll be surprised that you can buy beer but not wine at the grocery store. Move to  and you can’t even find beer there, but you can buy alcoholic drinks at restaurants in both towns. Then move to, which has alcohol sales in the  portion of the city but not in the  side of town."

Wisconsin

 * The village of, is the only dry municipality in ; 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 and ).

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,, , and , 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.


 * specifically allows cities and counties to elect to go dry by public referendum.
 * specifically allows local jurisdictions to elect to go dry by public referendum.
 * specifically allows local jurisdictions to elect to go dry by public referndum.
 * specifically allows local jurisdictions to enact liquor laws which are more strict than state law.
 * specifically allows cities and counties to exercise a by public referendum whether to go dry.
 * specifically allows towns to exercise a by public referendum whether to go dry.
 * 's state constitution allows specifically-defined local districts to elect to go dry by public referendum.
 * specifically allows counties to elect to go dry by public referendum.
 * specifically allows any local jurisdiction to go dry, without limitation on how that decision is made.
 * allows local jurisdictions to prohibit sale of liquor by the drink by public referendum,, but because all retail package sales are controlled by the state, no local jurisdiction may prohibit package liquor sales for consumption off-premises.
 * is dry by default; counties have to choose to allow liquor sales in order for liquor to be sold at all in the county. (see )
 * specifically allows local jurisdictions to elect to go dry by public referendum. 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.
 * specifically allows local jurisdictions to go dry, without limitation on how that decision is made.
 * specifically allows local jurisdictions to elect to go dry by public referendum.
 * requires that a series of questions of whether to go dry be placed on each county's local ballot every two years, unless the county has voted to allow or prohibit liquor sales in three such consecutive elections.
 * 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.
 * 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. In addition, when the 21st Amendment was enacted to end national Prohibition, the state was one of only 6 to continue to have a regulatory framework for 3.2 beer, due to the fact that the 1933 federal law, The Non-Intoxicating Beverage Act, capped the alcohol limit on beer to 3.2 percent. To this day, no non-liquor stores in Minnesota, including convenience and grocery stores, can legally sell alcoholic beverages beyond 3.2 beer.
 * 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.
 * specifically allows local jurisdictions to elect to go dry by public referendum.
 * specifically allows local jurisdictions to exercise full control over alcoholic beverages, including completely prohibiting all alcohol.
 * specifically allows local jurisdictions to elect to go dry by public referendum.
 * specifically allows cities and counties to exercise a by public referendum whether to go dry.
 * allows certain classes of local jurisdictions to exercise a by public referendum whether to go dry. (see )
 * state law allows local jurisdictions to exercise a by public referendum whether to prohibit the sale of liquor.
 * state law allows local jurisdictions to exercise a by public referendum whether to prohibit the sale of liquor.
 * allows certain classes of local jurisdictions to exercise a by public referendum whether to prohibit the on-premises sale of liquor.
 * is dry by default; local jurisdictions must choose whether to allow liquor sales in order for liquor to be sold.
 * allows local jurisdictions to exercise a to decide whether it is "wet" or "dry," and does not limit how that decision shall be made.
 * allows municipalities to exercise a by public referendum whether to prohibit the sale of liquor.
 * allows local jurisdictions to exercise a by public referendum whether to prohibit the sale of liquor.
 * allows local jurisdictions to exercise a by public referendum whether to prohibit the sale of liquor.
 * allows local jurisdictions to exercise a by public referendum whether to prohibit the sale of liquor.
 * allows local jurisdictions to exercise a by public referendum whether to prohibit the sale of liquor.

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


 * prohibits local jurisdictions from enacting any alcohol laws stricter than state law. As a result, no dry communities can exist in Arizona.
 * does not allow for any local control of liquor beyond licensing of manufacture and sale.
 * 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.
 * 's comprehensive state alcohol laws only allows local liquor boards to issue liquor licenses for sale and manufacture; all other regulation of alcohol is an operation of state law.
 * state law specifically requires each county's liquor board to allow liquor licenses and follow the provisions of state liquor law. As a result, there can be no dry cities or counties in Iowa.
 * prohibits local jursidictions from imposing restrictions on licensing which are more strict than state law.
 * 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. No incorporated Missouri cities have ever chosen to held a referendum banning alcohol sales. In addition, Missouri state law specifically supersedes any local laws that restrict the sale of alcohol. (see )
 * state law vests control of alcoholic beverages solely in the power of the state.
 * only grants local governing bodies authority to approve applications and deny licenses pursuant to state law.
 * state law specifically requires each county's board of county commissioners to allow liquor licenses and follow the provisions of state liquor law. As a result, there can be no dry cities or counties in Nevada, except that a few rural jurisdictions in are into the ability to still be partially or totally dry.
 * state law provides that each local jurisdiction's liquor board must allow liquor licenses, and sets the range of allowable fees.
 * 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. As a result, there can be no dry cities or counties in Oklahoma. (see )
 * '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.
 * state law vests control of alcoholic beverages solely in the power of the state.
 * state law vests control of alcoholic beverages exclusively in the power of the state.
 * 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.
 * state law provides that each local jurisdiction's liquor board must allow liquor licenses.