Last night I went to one of my favorite CA restaurants with a bottle of wine that I had previously opened, decanted, put back into the bottle and partially recorked. When the server saw the bottle, she claimed it was against CA State Law to bring it to the restaurant and have it served to you. This restaurant has a full Liquor License and allows one to BYOB.
I had been to this restaurant several times with bottles that were pre-opened with no problems.
Naturally I made a stink to the manager to no avail.
I tried Googling to find the answer, but got nothing that was definitive.
For you legal eagles: Is there any CA State law that prohibits a fully licensed restaurant with a BYOB Policy to not allow the pre-opened bottle to be served?
Technically no. Restaurants are not supposed to serve a wine that they do not open. When I double decant a wine to take with me I remove the entire capsule if it has one, use an AhSo to reove the cork and re-insert the cork all the way. No hole in the cork, who’s the wiser other than the Somm/Server.
I have never had a restaurant refuse to serve an opened bottle but have been informed that they will do it this time but are not supposed to.
When we were in Sonoma last summer, I brought a freshly opened bottle to a restaurant. The server told us that, because the bottle had been opened, that she could not pour it, but we were welcome to pour it ourselves.
My understanding conforms with what Brian said. A couple of years ago a restaurant in Glen Ellen refused to let us to BYOB our previously opened bottle, telling us that it was against ABC regs. Not true. I’m not aware of any legal authority (such as case law or administrative interpretation), and it won’t be in the regs since regs usually just tell you what’s prohibited, not what’s permitted. I’ll see if I can find anything if I get a moment.
Did a quick search, and found nothing specifically permitting it. The only thing I found (which I had previously seen) are some postings by people on the topic in various forums. A few people have written to the ABC, and the ABC’s position is that there is no prohibition on bringing in a previously opened bottle, and that it’s up to the discretion of the management. So when they tell you it’s against ABC regs, they’re wrong. I suppose you could write to the ABC and keep the response with you to wave at the restaurants when they refuse you. But Brian’s solution seems easier.
Actually, maybe I’ll write to the ABC. If they reply I’d be happy to provide a copy of the response to anyone who wants it. (don’t hold me to it!)
While the actual text of the law may be of interest to you, in my mind there is a much more pertinent question:
Why in the world would there even be a need for such a law? If BYOB is allowed, who the hell cares if a bottle is opened ahead of time and brought to a restaurant? What could possibly be the intention of such a law? To prevent someone from bringing some type of illegal liquid into the restaurant? The whole thing is a classic example of liquor laws run amok…Just ridiculous…
California Business and Professions Code §23301 requires a license to sell alcohol.
California Business and Professions Code §25604 requires that the establishment be licensed for alcohol to be consumed on the premises.
So you can’t bring or consume alcohol in a place that isn’t licensed for it. Other sections of the code talk about selling or serving, which implies a distinction between BYO and what they sell.
Under the law, restaurants are allowed to set their own policies regarding what you can bring, how much and what the fee might be. I can’t find anything that specifically prohibits bringing an open container into a licensed restaurant but then again I just did a cursory check.
California Business & Professions Code § 23396.5 allows anyone who has purchased and partially consumed a bottle of wine to take the rest of it home. That seems to imply that you can’t take your own bottle home if you don’t finish it.
They may be concerned with the open container laws, but the allowance to taking a bottle home pretty much eliminates that concern.
Also California Vehicle Code, Section 23225 only prohibits possessing an open bottle while in a vehicle and on a road “unless the container is kept in the trunk of the vehicle”. There are other provisions for vehicles without trunks.
So BYO is legal and open bottles in cars are legal. Again, there may be some provision that specifically addresses the OP but I don’t have more time to research it. I think they’re either unduly concerned with open container rules or they’re simply setting a policy for their establishment. That may in fact be wise because if you are only licensed for beer and wine and someone brings in and consumes on the premises an open bottle that actually contains spirits, the establishment is in trouble.
I think the policy, whether by ABC law or as a matter of the establishment’s attempt to control liability, has to do with a control factor. If you bring an opened bottle the establishment really doesn’t know what’s in it. Beer and wine licensees aren’t allowed to serve anything above a certain proof, and would probably be in violation if they let a patron drink their own high-proof bottle.
I bring opened bottles regularly but I ALWAYS contact the restaurant ahead of time and ask if it is allowed. I usually ask for the persons name who I speak with, in the event a problem presents itself when I get there, but have yet to have a problem.
I have heard some restaurants make statements to that effect but I have never seen anyone cite to any specific California law or regulation that supports that statement. Personally, I am dubious.
I’ve never had a problem bringing an opened bottle into a restaurant. In some cases, I don’t push the cork all the way in, but in some cases I do . . . nevertheless, in each case, I’ve never run into problems. Sorry to hear that your night was complicated by such a small issue.
I recall that thread and here is what I found out for those who don’t want to click the link
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.
Oh CA wine-privilege problems. The answer is easy for us Coloradans. BYOB of any kind is illegal in the hazy Rocky Mountains. It’s also illegal to sell pickles in a liquor store - little known fact for you trivia freaks!