I had a little time on my hands this AM, so I did a search of the CA ABC Act https://www.abc.ca.gov/forms/ABCAct_2015.pdf (effective exactly one year and one day ago), and used the search term “open.” There was nothing in there regarding bringing an opened bottle into a restaurant. There are many laws regarding open containers, but bringing one into a restaurant is not one of them.
It’s possible a restaurant with only a beer and wine license might imagine their customers could refill their opened wine bottles with higher proof distilled spirits, and this would be a violation of their ABC license. I’m sure this isn’t what Paul’s restaurant had in mind the other night, it’s just a scenario where a restaurant owner might tell their staff, “No already opened bottles for corkage.” But a restaurant policy is certainly not a state law.
Very true. But it’s still a restaurant policy. If they’re otherwise corkage-friendly, you might be successful in educating the management, but probably not on the spot. Another example of why it’s best to call ahead with the specifics of your situation. Or just push the cork all the way back in to fake it, but what if they ask about the capsule? If they’re using this as an excuse to limit bottles brought in, there’s probably not much you can do.
I spent an hour or so trying to find something pertinent without success.
If this document cites what the story is about bringing an open bottle, I couldn’t find it.
I will speak to the owner about what I found (or didn’t find) and report back.
Went to Mortons (dreadful - used gift card) last night and took 2 bottles, 1 which I double decanted at home for sediment. Waitress was brain dead so had her un cork first bottle, then as we finished first bottle we replaced it on table with the previously opened bottle from wine carrier. Next time she came to table she poured us wine and never noticed that bottle was now full. YMMV
We were stopped from bringing in bottles with no seal at two establishments in Carmel. Neither bottle had a seal to begin with and they actually had never been opened. Many wineries are doing this now but they quoted the same non-existent CA law. Gets them around corkage that way but loses a customer IMHO.
Just remembered a dealing with the ABC a few years ago. Asked them about a customer pulling a wine bottle off the bar and pouring themselves a drink – because it happens. The Santa Rosa office of the ABC claimed they couldn’t find anything on that so apparently it’s just fine. Keep that in mind next time you’re wine tasting. lol
I’ve found the ABC to be pretty good at training alcohol servers, but there enforcement/regulation side is pretty much a joke. Remember that time a few years ago when someone at the ABC decided wineries could not open bottles for you – as in something you’d purchased from them to have with your picnic? We got around that by selling the customer a cheap corkscrew.
I think the moral of the story is the restaurant can set their own policy so check ahead.
I believe everybody here is looking in the wrong direction. The problem isn’t ABC. It is more likely the Health Department, coupled with liability issues that may be outlined on page 37, in small print, of the restaurant’s insurance policy.
We are licensed as a wine bar. We do not prepare or serve food. Well, not according to the Health Department. They claim wine is food and require us to have a Food Service Manager on premise when “serving food.” If I’m not here, Carrie can’t serve you wine or beer. During the 6 hour course I’m required to take every 5 years to be certified as a Food Safety Manager, there was absolutely no training on handling, opening nor serving wine. However, I do know at what temperature various food stuffs, (other than wine), are required to be when delivered, stored, cooked at and held at prior to serving.
PS, I ah-so and recork any wines that are decanted prior to going to a restaurant. I have been called out on it once by a knowledgeable somm who knew there should have been a capsule on the bottle. He gave me that look, said nothing and opened the bottle. He got a good tip too.
This is the answer to OP, so far as I can tell (I practice in this area). Even though you’re more likely to get sick from their food than from your own [previously opened] wine, I’m sure someone got nervous about this somewhere down the road.