Texas has some weird alcohol laws; how about your state?

[wadewood]

I was following some proposed changes in this years legislation in our state concerning distillers and making the state more craft beer friendly. Texas laws can be found here - http://www.tabc.state.tx.us/laws/code_and_rules.asp

In doing so, I read through our existing laws and and found a few things of interest:

-unless you are in a downtown "central business district" that has passed rules preventing it or on public school ground, openly consuming alcohol in public in allowed. Only these business districts areas that have clear boundaries can prohibit drinking in public. We have a very popular river tubing area that the local city council tried to ban alcohol on the river. They were stopped by the state. They then changed the law to ban disposable containers; so now you can float with a keg but not a can.

-Texas is a three tier state. As with other 3 tiers systems, the manufacturer, wholesaler, and retailer are prohibited from any overlapping ownership - with one exception - that if the business existed and were permitted prior to 8/24/1935. In Texas, Glazer's, a wholesaler, has been in business prior to this and I think this exception was written for them.

-No package store (retailer) may be owned by a corporation, unless that store was owned by such prior to 4/28/1995.

-Also, no individual may own more than 5 stores unless they held these prior to 5/01/1949.

-a bar/restaurant may not substitute one brand of alcoholic beverage requested by the customer for another without prior authorization.

-rebates and/or coupons offered by manufacturers are prohibited

-as of 9/2011, personal importation of spirits and beer collection for those moving into the state is allowed. Wine was already allowed.

[Clavius]

I wouldn't even know where to begin with Kentucky's laws...

[MyOldKyDram]

Neither would Kentucky.

At least they have been moving towards making some positive changes recently.

[michaelturtle1]

PA's are pretty simple., If you want a good bottle, travel to another state or order it online from the only vendor allowed to ship to the state (which is the state itself)

[LostBottle]

WTF are laws?

padpadpad

[SFS]

The weirdest one I was aware of in Texas is that parents or legal guardians could bring underage children into bars and they were allowed to drink, if the parents gave permission.

I thought my leg was being pulled on this, but I talked to an attorney who said it was no joke.

[smknjoe]

(In Texas) What about driving with an open container being legal until sometime in the 90's (as long as you weren't "intoxicated") The the legal limit was higher back then too.

In the dry county I lived in (Alabama) you could not have more than 2 750ml or 1 1.75l bottles of spirits or 2 cases of beer at a time in your vehicle or it was considered bootlegging. The alcohol had to be kept in your trunk or behind the seat in a truck or you could be arrested.

[BigBoldBully]

Wisconsin is also a 3-tier state. I would say the weirdest thing is that age statements are apparently being outlawed here, one by one.

[BigBoldBully]

(In Texas) What about driving with an open container being legal until sometime in the 90's (as long as you weren't "intoxicated")

In Nashville (at least in the late 90's), it was legal to have an open container wherever, including while driving. Not weird, assuming responsible citizens who resent paternalistic governments, and not the whole state, but unusual.

[ATXWhiskey]

I was following some proposed changes in this years legislation in our state concerning distillers and making the state more craft beer friendly. Texas laws can be found here - http://www.tabc.state.tx.us/laws/code_and_rules.asp

In doing so, I read through our existing laws and and found a few things of interest:

-unless you are in a downtown "central business district" that has passed rules preventing it or on public school ground, openly consuming alcohol in public in allowed. Only these business districts areas that have clear boundaries can prohibit drinking in public. We have a very popular river tubing area that the local city council tried to ban alcohol on the river. They were stopped by the state. They then changed the law to ban disposable containers; so now you can float with a keg but not a can.

-Texas is a three tier state. As with other 3 tiers systems, the manufacturer, wholesaler, and retailer are prohibited from any overlapping ownership - with one exception - that if the business existed and were permitted prior to 8/24/1935. In Texas, Glazer's, a wholesaler, has been in business prior to this and I think this exception was written for them.

-No package store (retailer) may be owned by a corporation, unless that store was owned by such prior to 4/28/1995.

-Also, no individual may own more than 5 stores unless they held these prior to 5/01/1949.

-a bar/restaurant may not substitute one brand of alcoholic beverage requested by the customer for another without prior authorization.

-rebates and/or coupons offered by manufacturers are prohibited

-as of 9/2011, personal importation of spirits and beer collection for those moving into the state is allowed. Wine was already allowed.

I work in the Texas Legislature. If you have any ideas for politically feasible options to fix some of these problems, let me know. I would be happy to push them. The bill filing deadline had passed this session, though.

[wadewood]

(In Texas) What about driving with an open container being legal until sometime in the 90's (as long as you weren't "intoxicated")

Nothing strange about that law IMHO. Let's see, you can have a couple of drinks and immediately get in car and drive and it's legal. But drink your 1st beer on drive home and you are breaking the law? Just proves MADD does not understand how alcohol effects your system.

At least Missouri did not cave to MADD; still legal to have an open container in car. Also in Missouri there are no laws against public intoxication and it's legal to distill 100 gallons of any liquor for personal use (although federal permit is still required for distilled spirits - kinda like the states that have legalized pot, you are still breaking federal law). Why don't we all move to Missouri?

[Enoch]

Nothing strange about that law IMHO. Let's see, you can have a couple of drinks and immediately get in car and drive and it's legal. But drink your 1st beer on drive home and you are breaking the law? Just proves MADD does not understand how alcohol effects your system.

At least Missouri did not cave to MADD; still legal to have an open container in car. Also in Missouri there are no laws against public intoxication and it's legal to distill 100 gallons of any liquor for personal use (although federal permit is still required for distilled spirits - kinda like the states that have legalized pot, you are still breaking federal law). Why don't we all move to Missouri?

But then Missouri has some of the strictest marijuana laws in the nation. I know because I just spent a small fortune clearing the name of someone. Columbia passed a law requiring all minor possession charges be tried in municipal court so that Mizzou students don't loose financial aid, so the sheriff(?) sets up check points right outside the city lines so he can get it in state courts and higher fines and NO way to expunge. But Missouri does have some good micro-distilleries.

But then in SC you can basically sell alcohol above 15% or below 20% but not both. For some reason we cannot sell beer and liquor in the same store. And it wasn't too long ago that we still had mini-bottles only in restaurants and bars but mini-bottles could not be sold in stores. And we finally allowed beer above 5.5%. Firefly first distilled out of state until the laws were changed that allowed distilling.

Edited March 13, 2013 by Enoch

[Borchard]

I used to think Oklahoma's laws were the worst, until i started travelling for a living and realized that several states have, what I consider to be, jacked-up liquor laws.

In Oklahoma:

-Liquors stored have to close by 9pm, and they are not open on Sundays or election days.

-Liquor stores can NOT sell ANYTHING that doesn't have alcohol in it; like bottle openers, wine glasses, stoppers, etc... The law, from what I've been told by store owners, says that liquor stores can only sell "intoxicating beverages". And, according to Oklahoma law, 3.2 beer is NOT considered an intoxicating beverage. That's why OK liquor stores do not sell Bud, Coors, etc...

-Liquor stores can NOT have refrigeration units. No cold beer.

-No wine or high-gravity beer can be sold in grocery stores.

-Oklahoma is also a 3-tier setup. One of the funny quirks about that is Choc Beer in Krebs, OK is owned by the same people that own Pete's Place, an Italian restaurant next door. They cannot sell beer to themselves. Choc has to sell it to a Wholesaler, who sells it to a distributer, who then sells it to Pete's Place...

-From what I can gather, Brew Pubs in Oklahoma can ONLY make 3.2 beer for sale in their own establishments. This is why BJ's Brewhouse has their beer, in Oklahoma, made by St. Arnold's in Houston, so they can have higher-gravity beers and get around the rule.

But to me, the weirdest rule I've came across was in upstate NY. I went into a liquor store by my hotel to get some beer, only to be told that they aren't allowed to sell beer in a lquor store?!? I had to go to a BEER Store, where the gentlemen filled up a half gallon growler, screwed a lid on it, and handed it to me. Now in OK, that would be Open Container?

[Enoch]

But to me, the weirdest rule I've came across was in upstate NY. I went into a liquor store by my hotel to get some beer, only to be told that they aren't allowed to sell beer in a lquor store?!? I had to go to a BEER Store, where the gentlemen filled up a half gallon growler, screwed a lid on it, and handed it to me. Now in OK, that would be Open Container?

In SC, they have to wrap electricians tape all over the top of the growler so that it won't be an "open container".

[higgins]

For some reason we cannot sell beer and liquor in the same store.

I always get a kick out of shopping at Green's in Columbia because of the way they've worked around this law. They apparently are able to sell both beer and liquor in the same 'store' by putting up a floor to ceiling chain link wall. You have to check out and exit on one side before you enter the other, but for all intents and purposes you are shopping at one store.

[HighInTheMtns]

In Utah:

-Grocery stores can sell no alcohol save for 4% ABV. Everything else is the domain of state liquor stores.

-50ml bottles of liquor are not allowed, nor are kegs of beer.

-Restaurant bartenders may not prepare drinks in the view of customers.

[Wryguy]

In Utah:

-Restaurant bartenders may not prepare drinks in the view of customers.

That is the dumbest one yet. So that we can be sure that they are watering down their #1 moneymaker, booze, or substituting substandard ingredients? This sounds like a stupid, corrupt, dumbass law. I'd love to hear arguments for this law, cause I can't think of a single one.

[squire]

Shadows of Prohibition and eternal damnation. I know people who believe they will go to Hell if they but step into a liquor store. These people vote.

[Enoch]

I always get a kick out of shopping at Green's in Columbia because of the way they've worked around this law. They apparently are able to sell both beer and liquor in the same 'store' by putting up a floor to ceiling chain link wall. You have to check out and exit on one side before you enter the other, but for all intents and purposes you are shopping at one store.

That is sort of the standard practice for getting around the law. One problem they faced is the limit of owning no more than three liquor stores in the state. When Green's opened the superstore on the interstate they already owned three liquor stores so they have another company (Frugal McDougal's) own the liquor store half but still call it Green's and they own and operate the beer/wine half.

[Enoch]

Shadows of Prohibition and eternal damnation. I know people who believe they will go to Hell if they but step into a liquor store. These people vote.

And a lot of them live in SC. My sister-in-law unfriended me on Facebook because I would post stuff about Bourbon and it disturbed her to read it.

[wadewood]

That is the dumbest one yet. So that we can be sure that they are watering down their #1 moneymaker, booze, or substituting substandard ingredients? This sounds like a stupid, corrupt, dumbass law. I'd love to hear arguments for this law, cause I can't think of a single one.

Utah drinks behind the curtain is because the LDS church and Mormons control the Utah State legislature and agenda. They don't drink and don't like others to. They don't want their members to even be tempted be seeing drinks poured.

[HighInTheMtns]

That is the dumbest one yet. So that we can be sure that they are watering down their #1 moneymaker, booze, or substituting substandard ingredients? This sounds like a stupid, corrupt, dumbass law. I'd love to hear arguments for this law, cause I can't think of a single one.

This law is not based on logical arguments but rather on the religious belief of the majority of Utahns.

[squire]

Get behind me Satan.

[Wryguy]

This law is not based on logical arguments but rather on the religious belief of the majority of Utahns.

Totally makes sense. Just goes to show how much religion enters into my thoughts. I don't really have a sense for the culture out there in Utah, just for the natural landscapes and amazing backpacking out there. I'll never forget the chuckle I had when I popped the top on my first Polygamy Porter and read the message on the bottle cap, reminding me, "Why have just one?" Excuse my ignorance in my last post, but as a bartender and drinker I'd really be annoyed by that law.

[squire]

Tell 'em you're a bartender and they'll pray for 'ya.