It may have been an over-zealous somm or there may be another reason why Bouchon is following the letter of the law. If the restaurant had been cited by the ABC for any infraction at all during the previous year (e.g., serving wine to a minor) then a second offense of any kind would force them to close their doors for at least two weeks and perhaps as long as a month. A third infraction would probably cost them their liquor license.
Really good source but the citation doesn’t address the question of whether it’s legal to bring in a bottle that’s already open. I did some Googling of CA law and couldn’t find the subject addressed at all… except in the context of CA’s ‘open container law’ possibly creating a possible gray area around how the wine got from the guest’s trunk (legal) to their table inside the restaurant. I’m wondering if anyone who posted here that this is illegal would have the citation to support it. Alcohol laws seems to be among the more convoluted. But it’s definitely legal for the guest to take OUT an opened bottle, so it’s kindof illogical for the reverse to be illegal (not that the law is always logical).
I wouldn’t buy a health code violation at all… unless it’s also illegal to bring in a birthday cake.
It’s tough to fault a restaurant for enforcing public policy. I’ve been to a number of restaurants at the Jersey Shore where my young kids and I have sat at the bar watching a game while waiting for a table. Several times, I’ve been told that my children can’t sit at the bar. The bartenders have almost always been apologetic, but simply say that the ABC is constantly sending inspectors around and if they saw kids sitting at the bar they would lose their license. I happen to think it’s silly especially since my kids aren’t drinking, but I’m not going to argue the point.
FWIW, I ate at Bouchon in Napa this past October and had a fantastic meal. Much better than my meal at Cafe La Haye the night before. My only quibble with Bouchon and it’s a very minor one is that everything is too perfect. It’s literally the squeaky clean copy of a french bistro. I equate it to Old Yankee Stadium vs. New Yankee Stadium. The new stadium is fantastic, the amenities are great, yet it lacks a tiny bit of the soul that the Old Stadium had.
Ain’t nobody got time for that
I saw this post and then had to re-read through this whole thread because I thought the issue was settled. But I can see where there is confusion to the answer to the initial question (with a lot of FUD in this thread) - whether California law prohibited an ABC-licensed restaurant from serving a previously opened bottle.
No one has cited to any authority to the proposition that it is prohibited. Instead, we have: 1) Bruce, who looked at the H&S Code and didn’t find any such prohibition; and 2) Gordon, who actually asked the ABC (which has separate authority) and who stated that “there is no law that prohibits you from bringing wine into an ABC licensed restaurant.”
So it seems to me that that is it. Bottom line is that the sommelier was misinformed. There is no such restriction in California. Andouze away. Just don’t drive with the recorked bottle sitting on the car seat next to you to the restaurant.
So I called the California Alcohol Beverage Control (ABC) to get the real scoop on this. The Senior Agent I spoke to said in all his years he had never heard of such a law, regarding taking a previously opened bottle of wine into a properly licensed establishment. He said it may be the locations policy, but not illegal to his knowledge. He is going to do some digging and get back to me if he finds anything further out.
Though he did mention some things regarding corkage. It CAN be a violation if an establishment advertises corkage is ok and allows you to bring however much and whatever you want to drink. That being said, he said it is NOT generally enforced unless it becomes a problem establishment. Basically one of those little known laws that they can use in rare but needed circumstances.
Will report back when/if I hear more.