From Deseret News archives:

Utah isn't only state with odd regulations

Published: Wednesday, Nov. 7, 2001 12:03 a.m. MST
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Utah, despite a reputation for strange liquor laws, does not stand alone when it comes to regulating the minutiae of alcohol consumption, distribution and even production.

Throughout the country, most states have laws that seemingly serve little purpose besides forcing a drinker to jump one more hurdle. Despite the appearances, however, these laws usually have a concrete, albeit obsolete, reason for existing.

A majority of the odd laws stem from the post-Prohibition years, before driving cars on well-paved freeways became the customary form of travel. The best examples of those laws are the dry counties, which in 1930 meant that it took a day trip to purchase alcohol in the nearest wet county. Now, as happens in the northern Texas or eastern Kentucky counties, it can take less than an hour round-trip.

Many of those laws have not changed for a mix of religious, political and bureaucratic reasons. When more Kentucky counties tried to become wet in the mid-1990s, local church groups often fought the initiatives, and many residents voted against the change despite freely admitting to drinking.

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In Alabama, draft beer only recently became legal in wet counties, yet even most of the wet counties have not changed their laws because of the amount of paperwork needed, Alabama Alcohol Beverage Control Chief Roy Houlton said. The state has also recently updated many other parts of its liquor code.

Like Alabama, a number of states throughout the country have started to revise their liquor codes. Pennsylvania has made changes to its liquor code during the past three years. Despite those changes, laws prohibiting selling beer in anything smaller than a case have remained in place, as have requirements that beer can be sold only through small neighborhood beer distributors.

Florida has also updated its laws, primarily at the behest of wine and import beer drinkers. Before this year, alcohol could only be distributed in a limited number of sizes, all of which were based on ounces instead of milliliters, which eliminated almost all imports. However, the state still requires that "Florida" or "FL" be printed on all bottles sold in the state, which has proved too costly for most smaller breweries.

Along with obscure laws, it is not uncommon to find laws that contradict other states. In Nevada, it is illegal to walk drunk or ride an animal on a public road, while North Dakota prohibits any punishment of a person who is publicly intoxicated (unless that person is committing other crimes, such as driving under the influence or fighting).

Happy hours also have a confusing mix of regulations. Some states, including Utah, prohibit any free food or drink prices that encourage excessive drinking. In Indiana, a drink can be put on special as long as it remains that price for a week. South Carolina bars can offer one drink special a day for any two-hour span before 10 p.m.


E-MAIL: jloftin@desnews.com

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