Agreed that if one intends on bringing wine and the restaurant has a nonrefundable deposit policy, best to check in advance.
Yep, I certainly do so now…
THIS ^^^^^^^^^^^
I’m in Illinois and bring wine to restaurants 99% of the time I go to restaurants. The vast majority of the time I’ve opened it ahead of time to either make sure the wine’s not corked or to double decant it so it’s ready to go when I get there. I put a polymer stopper in, never the original cork. I’ve had absolutely no issues from any restaurant.
The guy who said he wouldn’t allow it if he owned a restaurant needs to explain his thinking on that one. I do own a restaurant, and have no issue with it.
I mentioned that I use a polymer stopper instead of the original cork. I do this because I don’t want to take a chance of introducing any cork taint after the fact. I’ve heard of it happening.
Meaning that there are laws for everything under the sun! We have one of the highest per capita of lawyers in the world, and laws keep everyone employed, so it doesn’t surprise me.
Carl - that article is from 2013 or something like that and just like you, I was also wondering if they knew what they were talking about. They don’t bother citing any statutes either. A few years ago there was a thread on Reddit or Chowhound or one of those types of boards and they got a reply from someone at the ABC who stated pretty much what was in that article. Of course, that wasn’t official, but it seemed to indicate that there was nothing he could cite that spoke directly to the issue.
From talking to folks at the liquor control board, there is no prohibition on taking wine into a restaurant in CA. Nor is there any requirement that the restaurant allow it. And if they do allow it, they are entitled to charge corkage.
But there are a few additional issues. First, there is a prohibition against having open bottles around places that sell alcohol. They didn’t want guys going into liquor stores and sitting out in front getting drunk. But that could be applied against you if you happen to be walking in the parking lot with a bottle that has been opened. It’s a remote possibility, but it’s out there.
Second, there is a new requirement in CA that requires every person who may serve alcohol to go through some training. They’re supposed to learn about the dangers of alcohol, etc. That’s a brand new law and people have another year or two to comply. No clue whether that would be applicable in any way if you come in with something already opened. It would be stupid to apply it somehow, but I suppose someone could find some way to do so.
Third, as mentioned, there is a liability issue. The dram shop laws hold the restaurant liable if you injure yourself or someone else after drinking there - this ties into the “education” mentioned above. There’s no way to know what’s in your bottle, so a restaurant may be nervous.
And as to whether you can take any unfinished portion back home, there really isn’t anything. You are allowed to take home a bottle that you purchased there but it seems like nobody ever considered the possibility of bringing your own and taking some of it back home.
As to health regulations, I don’t know. Not strictly relevant but CA rules allow restaurants to re-serve certain items that are packaged or in a narrow-neck container. That includes those little packages of crackers some places give you with soup, as well as containers of ketchup. And bottles of wine are specifically mentioned. Seems to indicate a bit of flexibility when it comes to sharing wine but I wouldn’t stretch that one too much.
Basically it really seems like some common sense would be in order here. People who are likely to bring bottles to a restaurant are probably not filling the wine bottle with hard liquor. Nor are they likely to sit out front drinking and puking. I suppose there is a risk that someone could get sick or hurt and might try to tie it back to the wine brought in and blame the restaurant. But overall, seems like the restaurant can do as it chooses. There’s one near me who won’t charge corkage as long as the wine is at least 10 years old and the owner gets to try it. Seems pretty fair to me.
I’ve done this before in Oregon with absolutely no problem It didn’t even dawn on me that someone would object.
That reminds me of a BYOB restaurant in Chicago that wouldn’t allow their people to touch the wine people brought in. They would set the glasses down and that would be the end of it. Frankly, that’s perfect, as I always tell the wait staff that I’ll pour my own wine. I don’t want some heavy-handed waiter pouring a quarter of the bottle into each glass.
LOL
23 DCMR § 717
D.C. Mun. Regs. Tit. 23, § 717
717. CORKING FEE.717.1 The holder of an on-premises retailer’s license may permit a patron to bring to and consume on the licensed premises an alcoholic beverage that the licensee is permitted to sell or serve under its on-premises retailer’s license; > provided that the alcoholic beverage is opened by an employee of the establishment> , However, the holder of an on-premises retailer’s license shall not permit any alcoholic beverage opened on the licensed premises to be removed from the licensed premises.
But isn’t that a Washington DC regulation? The original question in this thread and the two previous threads pertains to California.
Nate posted:
I’ve heard this “there’s a law” thing many times. Has anyone researched this? Is there really a law, in CA > or any other state> ?
Granted, DC is a colony, not a state, but . . . .
Neal, an employee would still have to open it, even if had been previously opened. Nice loophole to a poorly worded statute.
Ah, I missed that. My bad.
As a restaurant, are you going to risk your ABC license on that “interpretation?” No way I’d ask a restaurant to assume that risk for what is a favor in the first place.
“Open container laws are motor vehicle laws”
really? So it has nothing to do with walking in public with an open container of some alcoholic beverage?
rhetorical
DC is more of a feudal fiefdom at this point, no?
Also, that reg states that if you buy it in the restaurant, you can’t leave with it. So much for economic and social freedom.
The open container law here in Oregon deals with the problem with sports cars, hatchbacks, and station wagons. As I recall, it merely requires that the open bottle be as far away as possible from the driver.
In Ontario the regulations require that you can take unused wine home but the cork must be replaced flush with the top of the bottle.
Oregon allows and encourages diners to take their opened bottles of wine home with them when they leave a restaurant, regardless of whether the wine was originally BYOB or purchased off the list. The only requirement is compliance with the open container law: the bottle must go in the trunk.
A few restaurants put the bottle in a paper bag and staple it shut. Not necessary. And doing that does not convert an open container into a closed container.
Of course, the purpose of the “take it home” law is to discourage diners from overindulging by finishing their wine bottles to the last drop.
Which reminds me: when buying a growler full of beer at the grocery store or brewpub to take home, don’t forget that it is an open container, even if it is full to the brim. Put it in the trunk!
Phil Jones
Called Take The Rest Home. As far as I know (which is little), most restaurants that have the BYO licence get this “attached” to it–Richard, pls correct if I’m amiss
I do it very, very rarely and if I feel the need for a decant, I will usually try to drop by the restaurant beforehand and leave it with instructions. I don’t want to get any restaurant in trouble. However, one useful play I’ve found is to swap the wine into a screwcap bottle and put the screwcap back on tightly. Yes, the waiter/somm could tell if the seal was broken or not, but could an observing official determine that? I’d imagine glass-stoppered bottles would work too.
There are always ways to make life more complicated - no idea why people do it. ![[scratch.gif]](/uploads/db3686/original/2X/4/42a16863a8714da3c1604419e3eb9206bb87aa50.gif "scratch"){kind=small}
I have my arrangements with some restaurants, I bring my wine already open - and pay my corkage (or not even that in some locations).