wet & dry
I live in a dry county. That means you can't buy alcohol of any kind in retail stores, but can purchase drinks in "private clubs." Now, it just so happens that Chili's is a private club. As is Applebees, Bennigans, Olive Garden, and every other restaurant that chooses to be a club. Different places have different "membership" requirements, such as paying a $1-3 membership fee, but most just ask you to sign a little receipt or let them swipe your drivers' license for a membership. If one wants to buy any alcohol for personal home consumption, he has to drive to a neighboring county that is not dry (4 of the neighboring 7 counties are "wet"), which means I usually have to trek about 20 miles to "Fat Dog" liquor to stock up on my booze. (map of Texas' "wet" and "dry" counties) As you can imagine, what with high gas prices, whisky, vodka and the like win out over buying palates of beer. I'm told, one can still find moonshiners and bootleggers around, if one knows where to look.
I guess this is all a result of the 21st amendment, which allows the states to write their own laws governing the sale of alcohol (in Texas, that power has been delegated to local authorities), while almost all other interstate businesses are subject to congressional oversight and regularization via the interstate commerce clause. Now imagine if we were still under the Articles, we'd face this problem with just about every good. For us in Texas, there'd be bootleg maple syrup and cheesecake, and for those in Michigan, there'd be bootlegged grapefruit and Mexican food. Of course, even the Constitution couldn't solve the problem with bootlegged Mexicans, but that's a topic for another post.
I guess this is all a result of the 21st amendment, which allows the states to write their own laws governing the sale of alcohol (in Texas, that power has been delegated to local authorities), while almost all other interstate businesses are subject to congressional oversight and regularization via the interstate commerce clause. Now imagine if we were still under the Articles, we'd face this problem with just about every good. For us in Texas, there'd be bootleg maple syrup and cheesecake, and for those in Michigan, there'd be bootlegged grapefruit and Mexican food. Of course, even the Constitution couldn't solve the problem with bootlegged Mexicans, but that's a topic for another post.
Your government is just trying to save you from the perils of drinking in your own home. Drinking and then driving home is much safer.
Madness!
Posted by
jake allen |
June 29, 2006 8:24 AM
How does this apply to online (or phone-in or catalog) orders? If the alcohol originates in a wet county (or out-of-state), can it be legally shipped to your house in a dry county?
Posted by
A-Train |
June 30, 2006 11:07 AM
I suppose you're referring to the recent S.Ct. decision that touches on the interstate shipment of alcohol. As I understand it, states can prohibit the shipment of all alcohol to residents within the State, but can't selectively allow intrastate shipment while barring the importation of wine from other states.
In Granholm v. Heald, the S.Ct. ruled that the 21st Amendment Could not be used to justify protectionist measures. In other words, the 21st amendment did not save what would have otherwise been a violation of the "dormant" commerce clause, which I believe we've discussed here before.
At any rate, prior to Granholm, the law regarding alcohol truly was primordial. It's now been readjusted, but remains a bit of an anomaly.
As to what Texas law is re: shipment of alcohol? Sorry, I don't know. My hunch, having never heard anything about it before, is that it's allowed.
Posted by
philip |
June 30, 2006 12:55 PM
I don't know about specific shipping rules, but according to the Wet/Dry FAQ (off of the link to the Wet/Dry map that you gave), there is a limit to how much alcohol one may possess in a dry county:
"Possession of more than one quart of liquor or more than the equivalent of 24 12-oz containers of beer is prima facia evidence of possession with intent to sell in a dry area. If found in possession of quantities greater than these, you could be charged with intent."
I believe that may be a problem for the two houses behind ours... ;)
Posted by
Bekah |
July 01, 2006 11:26 AM