Dry county 1735172 224993025 2008-07-11T10:38:21Z 64.216.47.2 /* Texas */ Updated situation in Arlington and Grand Prairie. {{about|counties in the U.S. that prohibit alcoholic beverage sales|the Bon Jovi song|Dry County (song)}} [[Image:USA Dry Map.png|thumb|300px|Incomplete map of dry counties. Information may be outdated. {{legend|#000A88|Dry counties}} {{legend|#6E73BE|Partially dry counties}} {{legend|#BABDDB|Wet counties}} {{legend|#CDC3CC|Wet counties}}]] A '''dry county''' is a [[county]] in the [[United States]] whose [[government]] forbids the sale of [[alcoholic beverage]]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 [[Southern United States|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 ==Background== ===History=== Although the [[21st Amendment to the United States Constitution|21st Amendment]] repealed the [[prohibition in the United States|prohibition of alcohol on the federal level]], that Amendment also specifically prohibits the selling or production of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.<ref name=dc>[http://www2.potsdam.edu/hansondj/Controversies/1140551076.html Dry counties]</ref> 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" &mdash; or non-prohibition &mdash; areas. The rationale for maintaining prohibition on the local level often is religious in nature, as many [[Protestant]] [[Christian denomination]]s 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 [[The Church of Jesus Christ of Latter-day Saints|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=== It once had been considered that, because of the [[Twenty-first Amendment to the United States Constitution|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]]'' {{ussc|544|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=== 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.<ref name=dc/> In [[Florida]], five out of 67 counties are dry (they are [[Lafayette County, Florida|Lafayette]], [[Liberty County, Florida|Liberty]], [[Madison County, Florida|Madison]], [[Suwannee County, Florida|Suwannee]], and [[Washington County, Florida|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 of Kentucky suggested that residents of dry counties have to drive farther from their homes to consume alcohol, thus increasing impaired driving exposure.<ref> Gary, S.L.S., ''et al''. Consideration of driver home county prohibition and alcohol-related vehicle crashes. ''Accident Analysis and Prevention'', 2003, ''35(5)'', 641-648. </ref> 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.<ref> Combs, H. Jason. The wet-dry issue in Arkansas. ''The Pennsylvania Geographer'', 2005, ''43(2)'', 66-94. </ref> 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."<ref> Winn, Russell and Giacopassi, David. Effects of county-level alcohol prohibition on motor vehicle accidents. ''Social Science Quarterly'', 1993, ''74'', 783-792. </ref> 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."<ref> Schulte, G., ''et al''. Consideration of driver home county prohibition and alcohol-related vehicle crashes. ''Accident Analysis & Prevention'', 1993, ''35(5)'', 641-648. </ref> ==Dry communities by state== ===Alabama=== Of the 67 [[list of counties in Alabama|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.<ref name = "AL">[http://www.abcboard.state.al.us/wetdry.asp Alabama].</ref> 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.<ref name = "AL Code">[http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm Code of Alabama].</ref> 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.<ref name = "AL laws">[http://www.800alabama.com/about-alabama/alabama-travel/generalinfo/liquor-laws.cfm Alabama liquor laws].</ref> ===Alaska=== *State law allows each village to decide on restrictions, although some [[Borough_(United_States)#Alaska|boroughs]] may prohibit it altogether.<ref name = "Alaska dry village PDF">[http://www.dps.state.ak.us/ABC/docs/localopt.pdf].</ref> ===Arkansas=== *In [[Arkansas]], some cities, like [[Jacksonville, Arkansas|Jacksonville]], are dry despite being located in a "wet" county. In nearby [[North Little Rock, Arkansas|North Little Rock]], the distinction of areas is even more specific, with a single [[township]] inside the city designated as a dry area. *[[Benton County, Arkansas]], in the northwest corner of the state, is considered the "wettest" of the dry counties with 110 private club permits, according to an article by John C. Williams in the Arkansas Times dated [[February 19]], [[2008]]. Second is Craighead County with 21 permits, followed by Faulkner County with 20. Benton County, home to [[Fortune 500]] companies [[Wal-Mart]] and [[J.B. Hunt]], also has the second highest population of any county in the state (est. at 196,045 for 2006) and the lowest poverty rate of any county in the state (at 9.1% for 2004).{{Fact|date=March 2008}} ===Arizona=== *[[Colorado City]], a city in northern Arizona that runs along the Utah border. ===Connecticut=== *In December, 2005, [[Bridgewater, Connecticut|Bridgewater]] became the last remaining "dry town" in the state. *[[Wilton, Connecticut|Wilton]] was a "dry town" until 1992 when voters 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", [[Easton, Connecticut|Easton]] does not sell alcoholic beverages in either its stores or restaurants. ===Georgia=== * [[Murray County, Georgia|Murray County]], in northwest [[Georgia (U.S. state)|Georgia]], is a dry county, although the city of [[Eton, Georgia|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 will be voted on in the general election on November 6, 2007 to allow the sale of liquor by the drink. * [[White County, Georgia|White County]], in northeast [[Georgia (U.S. state)|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, Georgia|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, Georgia is a partially dry county. *Coweta County, Georgia is a partially dry county. ===Illinois=== *The village of [[South Holland, Illinois]], has been a dry municipality since it was founded by [[Dutch Reformed Church|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, from 1881 to 1948, and continued to prohibit bars selling liquor by the drink until 1987. Both the 1948 amendment to the [[Wyandotte Constitution|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.<ref>[http://www.ksrevenue.org/abcnoliq.htm Kansas Department of Revenue: Counties with No Liquor by the Drink]</ref> Public bars (so-called "open saloons") are illegal in these dry counties. Another 59 counties (including [[Johnson County, Kansas|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.<ref>[http://www.ksrevenue.org/abcliq30.htm Kansas Department of Revenue: Wet Counties - Counties with Liquor by the Drink with 30% Food Requirement]</ref> 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.<ref>[http://www.ksrevenue.org/abcliqnofood.htm Kansas Department of Revenue: Wet Counties - Counties wih Liquor by the Drink and No Food Requirement]</ref> ===Kentucky=== Of the 120 [[list of counties in Kentucky|counties]] in [[Kentucky]], 53 are completely dry, 37 are considered partially dry or "moist", 29 are entirely wet, and one is classified as wet but is actually closer to "moist".<ref name=KYABC>{{cite web|url=http://abc.ky.gov/NR/rdonlyres/C0A941B4-ADC6-4340-A2D8-61762E532683/0/Wetdrylist112607.pdf |title=Wet & Dry Counties in Kentucky |publisher=Kentucky Office of Alcoholic Beverage Control |date=[[2007-11-26]] |accessdate=2008-03-08 |format=[[Portable Document Format|PDF]]}}</ref> A county can be "moist" in several different ways: * Under [[Kentucky Revised Statutes]] (KRS) [http://www.lrc.ky.gov/KRS/242-00/123.PDF 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 [[United States Golf Association|USGA]]-regulation [[golf course]] 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 November 2007, 16 golf courses in 12 different counties were approved for such sales.<ref name=KYABC/> * KRS [http://www.lrc.ky.gov/KRS/243-00/155.PDF 243.155] allows individual precincts within dry territory to vote to allow a "small farm [[winery]]" 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 November 2007, 15 wineries were operating in 10 counties under this statute.<ref name=KYABC/> KRS [http://www.lrc.ky.gov/KRS/243-00/154.PDF 243.154] allows a wholesale distributor of wine produced in small farm wineries to operate in dry territory. * Two different statutes authorize local option elections for sales of alcohol by the drink in [[restaurant]]s: ** KRS [http://www.lrc.ky.gov/KRS/242-00/185.PDF 242.185(6)] requires that restaurants seat at least 100 patrons ''and'' derive at least 70% of their total sales from food to be allowed to serve alcohol by the drink. (For the purpose of determining whether a restaurant meets the 70% requirement, sales of non-alcoholic beverages are classified as "food".) The Kentucky ABC listed 20 cities and three counties that had voted to approve such sales as of November 2007.<ref name=KYABC/> The most recent areas to authorize such sales were the city of [[Whitesburg, Kentucky|Whitesburg]] in April 2007,<ref name=WKYT>{{cite web|url=http://www.wkyt.com/news/headlines/7074287.html |first=Heather |last=Haley |title=Whitesburg Goes "Wet" |publisher=[[WKYT-TV]] |date=2007-04-18 |accessdate=2007-06-24}}</ref> [[Boyd County, Kentucky|Boyd County]] outside of the wet city of [[Ashland, Kentucky|Ashland]] the following month,<ref name=BoydCounty>{{cite web|url=http://www.dailyindependent.com/local/local_story_143000419.html?keyword=topstory |title=All precincts but one vote yes |publisher=''The Daily Independent'' (Ashland, KY) |date=[[May 23]], [[2007]] |accessmonthday=[[June 24]] |accessyear=[[2007]]}}</ref> and the city of [[Glasgow, Kentucky|Glasgow]] in November 2007.<ref name=GlasgowKY>{{cite news|url=http://www.glasgowdailytimes.com/archivesearch/local_story_311011251.html |title= Liquor by the drink passes |author=Dickerson, Brad |coauthors=Neitzel, Stacy L. |publisher=Glasgow (KY) Daily Times |date=[[2007-11-07]] |accessdate=2008-02-07}}</ref> The other counties that have authorized restaurant sales countywide under this statute are [[Oldham County, Kentucky|Oldham County]] and [[Shelby County, Kentucky|Shelby County]] outside of the wet city of [[Shelbyville, Kentucky|Shelbyville]].<ref name=KYABC/> ** KRS [http://www.lrc.ky.gov/KRS/242-00/1244.PDF 242.1244], enacted into law in June 2007, also requires that restaurants derive at least 70% of their total sales from food, but lowers the seating limit to 50 patrons. Restaurants licensed under this statute are not allowed to have separate bars, and can only serve alcohol to customers who purchase a meal, and only during a time frame that starts with the serving of the meal and ends 30 minutes after the customer finishes his or her meal. No Kentucky jurisdiction has yet held a local option election to authorize alcohol sales under this statute. * 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 [[moist county]]. * KRS [http://www.lrc.ky.gov/KRS/242-00/1242.PDF 242.1242], enacted into law in June 2007, allows precincts in dry territory that also house a "qualified historic site"—defined in KRS 241.010(34) as either a site listed on the [[National Register of Historic Places]] or a [[National Historic Landmark]], 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 [[Burgin, Kentucky|Burgin]] precinct of [[Mercer County, Kentucky|Mercer County]] on [[November 6]] [[2007]], in which voters approved such sales at the [[Pleasant Hill, Kentucky|Shaker Village of Pleasant Hill]], the largest restored [[Shakers|Shaker]] settlement in the U.S.<ref name=ShakerVillage>{{cite news|url=http://kentucky.com/635/story/223335.html |first=Greg |last=Kocher |title=Voters allow Shaker Village to serve alcohol |publisher=''[[Lexington Herald-Leader]]'' |date=[[2007-11-06]] |accessdate=2007-11-06}}</ref> *Finally, [[McCracken County, Kentucky|McCracken County]], although officially classified as "wet", is actually closer to "moist". The county as a whole is dry; however, its county seat of [[Paducah, Kentucky|Paducah]] is wet, as are five county precincts outside of Paducah.<ref name=KYABC/> A [http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=12850064&dopt=Abstract 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. ===Massachusetts=== * The following towns in Massachusetts are dry, as of 04/19/2007: [[Alford, Massachusetts|Alford]], [[Chilmark, Massachusetts|Chilmark]], [[Dunstable, Massachusetts|Dunstable]], [[Gay Head, Massachusetts|Gay Head]], [[Gosnold, Massachusetts|Gosnold]], [[Hawley, Massachusetts|Hawley]], [[Montgomery, Massachusetts|Montgomery]], [[Mount Washington, Massachusetts|Mt Washington]], [[Tisbury, Massachusetts|Tisbury]], [[West Tisbury, Massachusetts|West Tisbury]], [[Westhampton, Massachusetts|Westhampton]], [[Weston, Massachusetts|Weston]]. [http://www.mass.gov/abcc/pdf_frm/DRYTOWNS.pdf] ===Michigan=== * [[Wayne County, Michigan|Wayne County]], [[Michigan]], whose county seat is [[Detroit]], is notable in that one cannot buy alcoholic beverages in any [[gas station]] there, possibly as a motive to discourage drunk driving. The [[7-Eleven]] gas stations there are the only 7-Elevens in Michigan that do not sell alcohol. * [[Hudsonville, Michigan]], 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, Michigan]], and Allendale Township, choosing to overturn their bans on alcohol sales in recent years. <ref name=MuskegonChronicle>{{cite web|url=http://www.mlive.com/news/chronicle/index.ssf?/base/news-6/11944485441001 |title=City chooses booze to spark growth |publisher=''Muskegon Chronicle'' (Muskegon, MI) |date=[[November 7]], [[2007]] |accessmonthday=[[November 7]] |accessyear=[[2007]]}}</ref> * [[Michigan]] prohibits the sale of alcoholic beverages before noon on Sundays. ===Minnesota=== *[[Dassel, Minnesota|Dassel]], [[Minnesota]] prohibits any establishments from selling liquor stronger than 3.2 beer. *[[Minnesota]] prohibits the sale of liquor on Sundays. ===New Jersey=== *[[Ocean City, New Jersey|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, New Jersey|Moorestown]], [[Collingswood, New Jersey|Collingswood]], [[Haddonfield, New Jersey|Haddonfield]], [[Pitman, New Jersey|Pitman]], and [[Haddon Heights, New Jersey|Haddon Heights]] ===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. ===North Carolina=== *The following counties in North Carolina are dry: [[Yancey County]], [[Clay County, North Carolina|Clay County]], [[Graham County, North Carolina|Graham County]], [[Johnston County, North Carolina|Johnston County]], and [[Mitchell County, North Carolina|Mitchell County]]. Johnston County allows sale of alcohol inside city limits. ===Ohio=== *The city of [[Westerville, Ohio|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, Ohio|Bethel]] in [[Clermont County, Ohio|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. ===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 18th 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 club| strip clubs]]. Oregon is one of 18 states that directly control the sales of alcohol beverages in the U.S. ===Pennsylvania=== * In [[Pennsylvania]], one cannot buy beer or wine in a grocery store or a [[convenience store]]. 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, perhaps defeating the purpose of producing beer without alcohol. * The state has a number of dry municipalities. Perhaps most notable is [[Grove City, Pennsylvania|Grove City]], although students at the College go to drink in either Mercer or Slippery Rock. ===Tennessee=== *The [[consolidated city-county]] government of [[Lynchburg, Tennessee|Lynchburg]] and [[Moore County, Tennessee|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.) Putnam, Campbell, Cumberland, Hancock, and White are also dry counties. ===Texas=== Of [[Texas]]'s [[list of counties in Texas|254 counties]], 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 ''[[Fort Worth Star-Telegram]]''. The newspaper demonstrates how variable the alcohol laws can be, even within small geographic areas. "Move from [[Fort Worth, Texas|Fort Worth]] to [[Arlington, Texas|Arlington]] and you’ll be surprised that you can buy beer but not wine at the grocery store. Move to [[Grand Prairie, Texas|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, Texas|Burleson]], which has alcohol sales in the [[Tarrant County, Texas|Tarrant County]] portion of the city but not in the [[Johnson County, Texas|Johnson County]] side of town."<ref>Labbe, J.R. "You may need a drink to understand our liquor laws." ''[[Fort Worth Star-Telegram]]'', 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.]</ref> ===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). ==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.<ref>Ala. Code Title 28, Chapters 2 and 2A</ref> * [[Alaska]] specifically allows local jurisdictions to elect to go dry by public referendum.<ref>A.S. Section 04.11.491</ref> * [[Arkansas]] specifically allows local jurisdictions to elect to go dry by public referendum.<ref>Ark. Code Title 3, Chapter 8</ref> * [[California]] specifically allows local jurisdictions to enact liquor laws which are more strict than state law.<ref>Cal. Bus. Code Section 25612.5</ref> * [[Colorado]] specifically allows cities and counties to exercise a [[local option]] by public referendum whether to go dry.<ref>Colorado Revised Statutes (C.R.S.) Section 12-47-105</ref> * [[Connecticut]] specifically allows towns to exercise a [[local option]] by public referendum whether to go dry.<ref>Conn. Gen. Stat. Section 545-30-9</ref> * [[Delaware]]'s state constitution allows specifically-defined local districts to elect to go dry by public referendum.<ref>Dela. Const. Art. XIII</ref> * [[Florida]] specifically allows counties to elect to go dry by public referendum.<ref> Fla. Stat. Chapter 567</ref> * [[Georgia (U.S. state)|Georgia]] specifically allows any local jurisdiction to go dry, without limitation on how that decision is made.<ref>O.C.G.A. § 3-10-1</ref> * [[Idaho]] allows local jurisdictions to prohibit sale of liquor by the drink by public referendum,<ref> Idaho Stat. Section 23-917</ref>, 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.<ref>[http://skyways.lib.ks.us/ksleg/KLRD/Publications/Kansas_liquor_laws_2003.pdf "Kansas Liquor Law," Kansas Legislative Research Department (2003)]</ref> (''see'' [[Alcohol laws of Kansas]]) * [[Kentucky]] specifically allows local jurisdictions to elect to go dry by public referendum.<ref>Kentucky Revised Statutes Chapter 242</ref> 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.<ref>Ky. Const. § 61</ref> * [[Louisiana]] specifically allows local jurisdictions to go dry, without limitation on how that decision is made.<ref>La.R.S. Section 26:147</ref> * [[Maine]] specifically allows local jurisdictions to elect to go dry by public referendum.<ref>Maine R.S. Title 28-A Section 121</ref> * [[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.<ref>Mass. Gen. L. 138-11</ref> * [[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.<ref>M.C.L. Section 436.2109</ref> * [[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.<ref>Minn. Stat. Section 340A.509</ref> 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. * [[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.<ref>Miss. Code Section 67-1-3</ref> * [[New Hampshire]] specifically allows local jurisdictions to elect to go dry by public referendum.<ref>N.H. Stat. Section 663:5</ref> * [[New Jersey]] specifically allows local jurisdictions to exercise full control over alcoholic beverages, including completely prohibiting all alcohol.<ref>N.J. Stat. Section 33:1-40</ref> * [[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.<ref>N.M. Stat. Section 33:1-40</ref> * [[New York]] specifically allows cities and counties to exercise a [[local option]] by public referendum whether to go dry.<ref>New York Alcoholic Beverage Control Code, Article 9</ref> (''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.<ref>N.C. Gen. Stat. §§18B-600 through 605</ref> (''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.<ref>O.R.C. Section 4301.35</ref> * [[Rhode Island]] state law allows local jurisdictions to exercise a [[local option]] by public referendum whether to prohibit the sale of liquor.<ref>R.I. Gen. L. Section 3-5-2</ref> * [[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.<ref>S.D.C. Chapter 35-3</ref> * [[Tennessee]] is dry by default; local jurisdictions must choose whether to allow liquor sales in order for liquor to be sold.<ref>Tenn. Code Title 57, Chapters 2 and 3</ref> * [[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.<ref>Tex. Alcoholic Beverage Code Title 6</ref> * [[Vermont]] allows municipalities to exercise a [[local option]] by public referendum whether to prohibit the sale of liquor.<ref>7 V.S.A. Section 161</ref> * [[Virginia]] allows local jurisdictions to exercise a [[local option]] by public referendum whether to prohibit the sale of liquor.<ref>Va. Code Section 4.1-122</ref> * [[Washington]] allows local jurisdictions to exercise a [[local option]] by public referendum whether to prohibit the sale of liquor.<ref>Chapter 66.40, R.C.W.</ref> * [[West Virginia]] allows local jurisdictions to exercise a [[local option]] by public referendum whether to prohibit the sale of liquor.<ref>W.V.C. Section 60-8-27</ref> * [[Wisconsin]] allows local jurisdictions to exercise a [[local option]] by public referendum whether to prohibit the sale of liquor.<ref>Wisc. Stat. Ann. Section 125.05</ref> ==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.<ref>A.R.S. Section 4-224</ref> 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.<ref>H.R.S. Chapter 281</ref> * [[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.<ref>235 IL.C.S. 5/4‑1</ref> * [[Indiana]]'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.<ref>Ind. Code Title 7.1</ref> * [[Iowa]] state law specifically requires each county's liquor board to allow liquor licenses and follow the provisions of state liquor law.<ref>Iowa Code Section 123.32</ref> As a result, there can be no dry cities or counties in Iowa. * [[Maryland]] prohibits local jursidictions from imposing restrictions on licensing which are more strict than state law.<ref>Md. Code Art. 2B, Section 8-101</ref> * [[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.<ref>Sections 311.110-311.170, R.S.Mo.</ref> 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.<ref>Section 311.040, R.S.Mo.</ref> (''see'' [[Alcohol laws of Missouri]]) * [[Montana]] state law vests control of alcoholic beverages solely in the power of the state.<ref>Mont. Code Section 16-1-101(2)</ref> * [[Nebraska]] only grants local governing bodies authority to approve applications and deny licenses pursuant to state law.<ref>Section 53-134.02, Revised Statutes of Nebraska</ref> * [[Nevada]] state law specifically requires each county's board of county commissioners to allow liquor licenses and follow the provisions of state liquor law.<ref>Nevada Revised Statutes (N.R.S.) Chapter 369</ref> As a result, there can be no dry cities or counties in Nevada, except that a few rural jurisdictions in are [[grandfather clause|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.<ref>N.D. Century Code Chapter 5-02</ref> * [[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.<ref>Okla. laws ch. 37</ref> As a result, there can be no dry cities or counties in Oklahoma. (''see'' [[Alcohol laws of Oklahoma]]) * [[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.<ref>Ore. Rev. Stat. Section 471.045</ref> * [[Pennsylvania]] state law vests control of alcoholic beverages solely in the power of the state.<ref>Pa. Code Ch. 40</ref> * [[South Carolina]] state law vests control of alcoholic beverages exclusively in the power of the state.<ref>S.C. Code Section 61-2-80</ref> * [[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.<ref>Utah Code Section 32A-1-102</ref> * [[Wyoming]] state law provides that each local jurisdiction's liquor board must allow liquor licenses.<ref>Wyo. Stat. Section 12-4-101</ref> ==External links== '''Maps''' * [http://www.ksrevenue.org/abcwetdrymap.htm Map of Wet and Dry Counties in Kansas] * [http://abc.ky.gov/NR/rdonlyres/0C5C5FD7-1B46-47CB-BD55-4445BE9E1D21/0/WetDryMap91207.pdf Kentucky Counties: Wet/Dry Status] * [http://www.mass.gov/abcc/pdf_frm/DRYTOWNS.pdf Dry towns in Massachusetts] * [http://citypages.com/databank/24/1201/article11733.asp Frequently Asked Questions on Minnesota liquor laws] * [http://www2.potsdam.edu/hansondj/controversies/1140551076.html], on the right-hand side list ==References== {{reflist|2}} [[Category:Alcohol law]] [[Category:Prohibition]] [[de:Dry County]] [[fa:مناطق خشک الکلی]]