The open container law exists in every state. But that law has to do with driving with an open wine bottle in the passenger compartment of a vehicle. It has nothing to do with walking into a restaurant with an opened bottle.
If there is a law prohibiting carrying an opened bottle into a restaurant, fine. If there is no such law, fine. But let’s not speculate and opine. The original post was from Napa. Surely there are tons of California attorneys on this listserv who could do a little research and put an end to all the speculation and debate. Let’s skip the opinions and move on to the law. Or lack thereof.
Phil Jones
Greg Tatar and Andy Venebil did those things and reported back in posts #10 and #18 in the thread Jay linked to above. There doesn’t seem to be any such law in California.
See above.
Phil,
It’s the same thing, I can’t bring an open beer, sake, or bottle of Macallan into a bar/restaurant, the law doesn’t look at a bottle of wine any differently.
This comes up every couple years going back to old Parker board.
It’s a privilege that restaurants let you bring wine, respect it and be grateful you can, many countries you cannot, and be respectful when you “aerate” your wine prior, and make it as inconspicuous as possible.
I have only brought a pre-opened bottle to a restaurant one time. The Somm, who is a friend gave me the “you f*ckin kidding me?” look, opened the bottle and poured it in to a decanter without comment or acknowledgment of the producer/wine. Since then I choose a wine to bring that is not on their menu and will drink well with a half hour decant while we work through appetizers and salad.
I do it all the time and I’ve never gotten any objection.
I doubt there is a law about that, and if there is one, it’s probably never been enforced in this context (aerated full bottle of fine wine) once in history.
Of course, restaurants and their employees will sometimes claim there to be a law when there isn’t one, either out of honest mistake or because they just want to deny you something. At that point, you just ask nicely for an accommodation, and then decide whether to come back or not.
Typo of the year? (pris time)
In Ontario, which is not exactly under regulated (litotes), as I understand it the BYOW endorsement to the liquor licence specifically stipulates unopened bottles. ( This is distinct from the rules for automobiles where opened bottles may be carried but must be in the trunk).
My guess is it’s much the same in most US states.
I think they are paranoid we might slip some home brew in or wine that hasn’t passed through their far reaching grasp. Much of the inanity of the regulations has to do with preserving the KGBO monopoly on alcohol sales.
Or maybe they are concerned that your wine bottle is filled with gin.
But none of this has anything at all to do with open container laws. Open container laws are motor vehicle laws. Walking into a restaurant on your own two feet has nothing to do with a motor vehicle. If there is a law restricting one’s ability to bring a previously opened bottle into a restaurant (and there seems to be some genuine doubt that such a law even exists), it does not involve a motor and it does not involve a vehicle.
Phil Jones
My problem the first time was that it never occurred to me that this would be the policy. Given that my buddies and I had brought countless opened bottle into various restaurants. So I had already opened, and then could not drink it…
I doubt very much it is a State Law, and if there is one (there are speed limits on the freeways too, but almost everybody exceeds those speeds by 15 mph), most places ignore it. This place simply had that as a policy (the guy did not mention any law at all). Not expecting it, I was not prepared for the $200 I had now to spend on a (very young) wine off their list. And then drink a gorgeous wine later under less than favorable circumstances. Now that I know it could be an issue, I am prepared…
Tonight was OK as it turned out, the 2005 Raphet Charmes Chambertin actually showed a bit better out of the gate than it did later, as it shut down 2005 style. So opening in the restaurant was not a big problem, but one needs to remember to call ahead…
In some states [such as New Jersey, and maybe Pennsylvania], restaurants are awarded their alcohol licenses by the Mafia, in cahoots with Mafia-owned politicians & Mafia-owned regulators.
There is tremendous competition amongst restaurants to purchase the goodwill necessary to receive an alcohol license, and the Havenots will do almost anything to sabotage the Haves, so as to knock a Have out of the way, open up an empty slot, and thereby move up the ladder and become a Have themselves.
Ergo if a Havenot restaurant hears through the grapevine that a Have restaurant is breaking the law by allowing customers to bring opened bottles to the [Have] restaurant, then the Havenot will make damned certain that the presiding ABC Officer learns about it no later than 9:00 the next morning.
In Mafia-controlled zones, the restaurants go to war over these licenses.
Note to self:
In CA, do not byo old/mature bottles that need several stand upright days to decant-out sediment.
Oh you have no idea…
If you drive a hatchback, is that considered a “trunk”? Because it is, technically, open back there.
I do this almost every time I bring wine to a restaurant. I completely remove the foil and just push the cork all the way back in. Nobody has ever questioned it
I’d guess not, technically. Never been stopped over this so can’t be sure but I suspect this is one of those things where the officer uses pretty wide discretion, and it would depend on why they stopped you etc. And is the bottle rolling around next to a corkscrew and some chips, or at the bottom of a bag. Etc. Thread is drifting, the OP was really about licensing regs and restaurant practices.
What does that even mean?
I’m in Silicon Valley, do this all of the time, and have never had a problem.
So, since this is the umpteenth thread on this topic in the past few years, and not one person has been able to cite an actual law that substantiates this urban myth, I’m going to assume that there is actually no law.
Furthermore, if you want to BYO, and the restaurant turns you away, walk away and take your money with you. Easy.
My apologies for bringing this topic up, but I have not been on the Board for the last couple of years.
First place this happened, they had my credit card for a guaranteed reservation for 2, so I would have also been walking away from their credit card guarantee fee.
Here is a quote from the Mercury News (in San Jose), although the statement that bringing wine into a restaurant is “an unusual practice” does make me question whether they know what they are talking about:
While most restaurants do not allow the practice, there is no statutory provision prohibiting it, according to the California Department of Alcoholic Beverage Control. Admittedly, bringing wine to a restaurant is an unusual practice. … Just wine.