Magnolia has been acting as a dry town for about 40 years, but recent information discovered by City Attorney Leonard Schneider and City Administrator Paul Mendes shows Magnolia could possibly have legally allowed liquor stores to do business within the city limits.

“It may turn out that the city is categorized as wet even though it has not been regarded as such,” Mendes said.

Magnolia has been inside of the Justice of the Peace (JP) Pct. 5 since 1982. Prior to JP Pct. 5 Magnolia was considered inside of JP Pct. 3.

According to Mendes, Montgomery County could base elections on geographic areas such as the areas that a JP presided over, particularly areas with a lack of incorporated cities.

Certain elections held for JP Pct. 3 could have affected Magnolia, according to Schneider.

According to information obtained by the Tribune, in 1971 a local option election was held in JP Pct. 3 which at the time included Magnolia. The petition stated “For the legal sale of mixed beverages,” which passed.

“As I understand it as previously relayed to me by an attorney at the TABC, in September 1971 the territory encompassed within JP Pct. 3 on that date became wet for mixed beverages,” Schneider wrote in an e-mail to the Tribune.

Then, in 1973 another local option election passed “for the legal sale of all alcoholic beverages except mixed beverages.”

According to the TABC, that definition translates to beer, malt liquor and wine in a grocery or convenience store and beer, malt liquor, wine and distilled spirits in a liquor store and beer, malt liquor and wine in a bar or restaurant.

“It is not known why JP Pct. 3 chose to vote on the option of ‘all alcoholic beverages except mixed beverages’ in August 1973. It could be that there was a change in JP Pct. 3 boundaries after the September 1971 local option election,” Schneider wrote.

He also explained that the issue at hand is whether the 1973 election was worded as a legalizing election or a prohibitory election. The wording changes what affect it has on the current status of the area.

“A legalizing election cannot make the territory drier, and a prohibitory election cannot make the territory wetter,” Schneider wrote. “The 1973 election as worded seems to be a legalizing election and, as such, its failure (to prohibit) could not make the territory drier. However, the 1973 election passed.  The possible effect of the 1971 and 1973 elections
together made JP Pct. 3, as it existed in September 1973, wet for all alcoholic beverages and any part of JP Pct. 3 as it existed in September 1971 wet for all alcoholic beverages and mixed beverages.” 

Schneider went on to say that in March 1974, the City of Magnolia held a local option election in an attempt to make the city dry. The petition stated, “For the legal sale of beer and wine for off-premise consumption.”

“The wording of the March 1974 City of Magnolia ballot appears to be a legalizing election,” Schneider wrote.  “If so, it may be that the results of the City 1974 election did not change the results of the 1971 and 1973 elections for any parts of the City of Magnolia that were in JP Pct. 3 at that time.”

Schneider declined to give his opinion whether or not the City of Magnolia is dry.

“The issue should be clarified by research, which has not been completed,” he wrote.

At its regular meeting Jan. 11 City Council voted to authorize Schneider to determine the effects of the 1971 and 1973 elections for JP Pct. 3 and their effect, if any, on the 1974 election for the City.

Schneider would also need to see the boundaries for JP Pct. 3 in 1971 and 1973.

“Those parts of Magnolia that were outside of JP Pct. 3 in March 1974 became wet for beer and wine off-premises,” he wrote.

Schneider said that in addition to the three elections, he would also need to research the affects of becoming part of JP Pct. 5 in 1982 and if JP Pct. 5 has had any option elections since its formation.

Schneider also explained that any areas annexed after 1974 would still be governed by the 1971 and 1973 election results.

“New (after March 1974) annexations are considered wet,” Mendes said.

The goal, after the results have been found, is to allow the possible sale of liquor in Magnolia in the future, according to Mendes, “either by election or by research.”

“Magnolia is probably the only area in Montgomery County that is dry,” he said.

Mendes and 4A Economic Development Corporation President Jonny Williams both stated that the city is missing out on sales tax from liquor stores because residents simply drive just outside of Magnolia to get liquor.

If the research shows Magnolia to be a dry city as it has acted for about 40 years, a proposition could be on the May election, according to Mendes.

“Basically it’s a decision by the people,” Mendes said.

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