10 February 2010

Finding the Watering Hole in Dry Counties

photo courtesy of Josh Sommers

While dry counties in the US still exist, one is not limited to racing an orange Dodge Charger across the county line to imbibe. Most states have exclusions to their dry county restrictions.

Florida, for example, doesn’t have dry counties. It has “moist” counties. Establishments in the “dry” counties can still sell beer, wine, and liquor that is 6.243% or less ABV.

The main category of exclusions in America’s dry counties are for private clubs and golf courses. These exceptions bring to mind so-called fat-cats smoking cigars in their mahogany surroundings after a round or two of golf. In some states, the exception does seem to favor wealthy areas, while in others, the multitude of exceptions make the “dry county” designation nearly futile.

Texas, for example, allows private clubs to sell alcohol in dry counties, but not if the operation is a “sexually oriented business.” Texas is quite liberal with what is and is not a private club - almost any bar can qualify. Texas even allows wineries to ship their wine to consumers in dry counties. Texas dry counties, it seems, are similar to Florida’s moist counties, with slightly more complicated regulations.

Alabama, on the other hand, is more strict with what it will and will not allow in a dry county. It is a state in which you might actually need to cross the county line to get your hooch. Community Development Districts ("CDD"), however, are allowed to serve alcoholic beverages even within dry counties. A CDD is a private residential development, which contains at least 100 home sites, on at least 250 acres of land, with a social club and a golf course, that meets certain other criteria, including a minimum $2,000 membership fee and 600 paid-up members. This is an example of a law that was pushed through by an interest group, and fought hard by the dry counties of Alabama.

Any state with dry counties also has a strange web of exceptions to what is and is not allowed in the dry county. “Where there is a will, there is a way.”

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