I have a question for those of you who are also still in dry counties (Lubbock county, anyone?). I have a local restaurant owner who wants to have an event at which food is sold but champagne is given away. She does not appear to be technically in violation of 101.31 of the Alcoholic Beverage Code, but I can foresee an argument that the champagne was "given away" to help sell food, and was thus technically being sold. Anyone else faced this issue?

Twice in my life I have gone to restaurants that lost their liquor license due to change in ownership. Rather than quit serving alcohol until the new license issued, they were giving it away with meals. Later they got their new license and went back to charging for drinks. So I get the impression that this is an accepted practice. This sounds very similar to the situation you have. Have you checked with TABC?

I face similar questions relating to wild game dinners. The general rule is that it is not legal to sell the meat of game animals. Yet some organizations like to hold wild game dinners as fund-raisers - usually a non-profit organization that everybody feels good about.

I tell them that they have 3 options, as I see it:
1) You can collect donations for food, BUT it has to really be a donation - meaning that if someone shows up and wants to eat for free, you must feed him.
2) Make sure you have something besides wild game on the serving line. Have some beef or exotic game that is legal to sell.
3) Promote the event as something other than dinner, like an auction. Collect an entry fee for the auction and feed the crowd at no extra charge.

I often feel like I am advising someone on how to get around the law, and as I remind the callers, if a complaint or question is raised, it is not my opinion but that of the local prosecutor that counts. So I would appreciate hearing from others on these issues.

Although I don't know the law in that particular area, I too have seen several restaurants in various large and small jurisdictions give away free alcohol as they were awaiting a liquor license. But I don't know if that would apply in a dry county.

To me, if not in violation of the law, that would answer the question. Further, since you said it was an "event", and apparently not an ongoing practice, I certainly wouldn't entertain the thought of prosecuting. My two cents.

In a similar type of situation years ago that I heard about in another jurisdiction, in that type of situation the DA/CA advised the citizens that were complaining that he wanted them to act as complaintants in the matter and file their complaint with the local LE agency. The DA/CA never had a request about prosecuting the situation again.

I once accidentally visited a dry county.

Jane,
Your post reminded me of one of my favorite singer, one of her better songs, and a perfect summation of my "ute" (to tie into the grits/my cousin vinny thread):

Makin' the Run to Gladewater

Well, Upshur County's drier than an empty bottle
Since the Mormon's come to town, yeah
And to run out of beer, thats a run to Gladewater
Highway 79 thirty miles on down now
You know, fair is fair but life's a gamble
When it's eleven forty-five, yeah
And it's a toss of the coin to see who's got fifteen minutes
To make a thirty minute drive

Something like this:
It was Saturday night
You was sitting 'round the square
Ohh, small town Texas sons and daughters
But you lost the toss, yeah
That means you're taking up the money
Ohh, that means you're making the run
Making the run
Making the run to Gladewater

Here's what you do:
You hustle all your buddies off the back of your truck
You grab your girl, you say 'C'mon lets...'
You tuck your jeans in your boots (that's what you do)
You slap your gimme-cap on
You turn the country music radio station louder than you oughta
But it's okay, you're on your way
Ohh, you lost the toss, you're taking the money
You're making the run to Gladewater
Run, boy!

Now it's 79 to the county line
It's the Minit Mart with not one to spare
And your friends in Gilmer, are they your friends indeed, why?
Well, you got their money and their six-pack of beer, that's why

Yeah, it was Saturday night
You was sitting 'round the square
Ohh, small town Texas sons and daughters
But you lost the toss, yeah
That means you're taking up the money, yeah
That means you're making the run
Making the run
Making the run to Gladewater

Oh, you are making the run
You are making the run
Oh, you are making the run
Making the run, making the run to Gladewater

Well Lisa, one of my favorite singer/songwriters too, and definately my favorite album cover of all time. but you forgot to mention her name...Michelle Shocked.

Didn't forget. I just thought I'd see if there were any other discerning fans out there! (other than you, Phelps)

As a soon to be resident, (yes I'm moving back and I don't want to hear anything MORE about it) of the lovely county of Upshur, I resemble that

quote:

---

Originally posted by Stacey L. Brownlee:
As a soon to be resident, (yes I'm moving back and I don't want to hear anything MORE about it) of the lovely county of Upshur, I resemble that

---

quote:

---

Originally posted by Stacey L. Brownlee:
As a soon to be resident, (yes I'm moving back and I don't want to hear anything MORE about it) of the lovely county of Upshur, I resemble that

---

Well Stacey Mae, I won't give you any grief NOW, but be prepared to have the above song detailed by Lisa Tanner dedicated in your honor at the next annual. And I'm pretty sure that between AP, Scott and our adjunct songwriters Newell and Philip Ray that we can customize those lyrics. Just fer yew!

Can't wait to hear it.
I can hear the banjo playing already

I know that Michelle is from the area, but I don't understood why she's singing about hwy 79. Any Ees Tessun knows that it's Hwy 271 that runs between Gilmer and Gladewater; or hwy 155 to Big Sandy; or Hwy 300 to just south of East Mountain - in Gimmer, all roads lead to a waterin hole.

And lest we forget, there's Hwy 31 to "The Line!"

My youth was spent running up Hwy 59 to the "Joy Juice" (no, really....) at the San Jacinto County Line!

TOURIST ACTIVITIES IN UPSHUR COUNTY

The International Possum Museum opened in Rhonesboro in the 1980s, and each year on the fourth Saturday in October the museum is "re-opened," and a Possum Queen is crowned with a crown of persimmons.

Following the tradition begun in 1935, the East Texas Yamboree is held in Gilmer every October. Activities blend original events like the Queen's Parade and the Old Fiddlers' contest with more contemporary contests such as the Tater Trot with its ten and two kilometer races, the cross country bicycle races called Tour D'Yam,

The International Possum Museum, The Tater Trot and the Tour D'Yam. You ARE moving to East Texas, aren't you? And to think, I thought that there was little to do in deep east Texas.

I swear I didn't make any of the above up. It is real.

Lisa, you said that like a Tylerite!

GG,

If you go to the City of Gilmer's website (I know I couldn't believe it either) you can look at the Yamboree cam ! Now that is a true slice of deep east texas, dry or not.

Diana, Texas population 585
Salute !!

I saw the Yam-Cam, but watching that during the coveted and adrenaline filled "Yamboree Festival" might exceed my excitement level.

It's probably a very safe place to live. Good for Ya'll!

Since this thread has now morphed over to the Yamboree Festival, it just so happens that Michelle has a song for the occasion:

"Yamboree Queen:"

Yamboree Queen
You are the prettiest gal I've ever seen
Jump down from your throne, come and sit by me, baby
I'm your sweet potato man
Yes I yam yes I yam

Athens, Texas has a Black-Eyed Pea Queen
I suppose Brussels has a Brussel Sprout Queen
But on down in Gilmer we make sweet potato pie
And it will really knock you out
So I'm going down to Gilmer if I have to walk
I'm going to sweet talk that sweet thing
With my sweet potato talk
And before the night is over
I'm gonna have me some sweet potato pie yes I yam

Now the Buckeye Band is playing on the square
To the strains of Sweet Adeline
And I'm going back for just one more helping of
That sweet potato pie (mighty fine!)
And the Yamboree Queen
She's sitting right next to me
We're like two sweet potatoes sitting on a vine
And I'm gonna make her my sweet potato wife
And she's gonna make me sweet potato pie all the time


And RW, you're right. I probably should move my voter registration to Smith County for as much time as I've spent working on cases there and in the surrounding counties. Heck, I'm there so much that I actually play on a Tyler tennis team!

Stacey, just be sure and watch out for those Upshur County Satanic Cults....

So at the Yamboree, do they have a band jam session? If they do, do they call it the Yam-Jam? If said jam session is filmed by the Yam-Cam, do they call it the Yam-Jam-Cam?

Just Curious...I knew the sweet potato was a big deal in deeper than deep East Texas, behind the pine curtain, but I had no idea they named a festival after it.

Stacey. if Freddy F. wasn't picking a capital jury, he would probably ask if they have any events in Gilmer involving grits...You could have a contest for lawyers called the grit-writ, or a book contest for books about grits called grit-lit. Or a wrestling contest in a pit full of grits called the grit-pit.

I'll stop now.

Of course, any place predominated by trees and water is as novel to me as noodling. So I can only imagine from my limited repertoire that a remake of CDB's classic "The Legend of Wooly Swamp" might be an appropriate means to cover the waterfront.

P.S. for all noodling enthusiasts out there: I spent this weekend in OKC and was treated on their documentary channel to "Okie Noodling," replete with a noodling tournament sporting about 50 participants -- which, curiously enough, when multiplied by two happened also to be about the total count of teeth among the tournament competitors. My eyes are now wide open. Stacey, don't let anyone make fun of you about yams.