BYOB – Legal or Not?

One of the best white wines I’ve ever tasted was an off-dry Riesling from Germany.  I don’t recall the producer’s name.  I do remember that I paid $17 for it and I had it for dinner with my wife at a small local restaurant in Fairhaven, Massachusetts, several years ago.

But the main reason why I still remember that wine, besides it being so good, is the fact that it was a BYOB.  We brought the wine with us because we knew the restaurant did not serve alcohol.  The corkage fee was $0.  We don’t go out much these days but I’ve thought about that dinner many times.  If you want to learn more about BYOB, here is a quick read on its somewhat unofficial etiquette and some good reasons for bringing your own wine into a restaurant whenever possible.

I don’t understand why people don’t BYOB more often.  I also don’t understand why restaurants don’t encourage it openly since they can cover any loss of revenue from wine sales with the corkage fee.  Well... I didn't understand it until I decided to look into this.

I called a few restaurants around the area I live in and asked about their BYOB policy and what their corkage fee was.  I tell you… I should have recorded some of these conversations.  I got everything you can possibly imagine for an answer.  <<Corkage?  What’s that?  Is it when you bring your own cake in?>>  I’m not kidding you!  My favorite Portuguese restaurant in the city of Fall River took the easiest approach for an answer... there was Fado playing in the background and then... “click”.  Just hung up on me.  The vast majority of those who knew what I was asking about said they don’t allow BYOB because <<we have our own wine list>>.  Still most sounded uncertain about it and even uncomfortable answering.

I decided to take this a step further and called the Massachusetts Alcoholic Beverages Control Commission (ABCC) in Boston.  According to the ABCC person I spoke with, BYOB is NOT PERMITTED in restaurants that have an alcohol license in the state of Massachusetts.  Restaurants which do not have a license may or may not allow BYOB, that decision is made at a town/city level.  He then went on and gave me a 5 minute lecture on how and why he discourages BYOB.  I’ll save you the pain and spare you with the details.  Later I found further confirmation on the ABCC’s website:

Next I called up a few towns in my area.  Every town I called complies with the ABCC and does not allow BYOB in establishments that are licensed to sell alcoholic beverages.  As for establishment which do not have a license, the answer varies (quotes are from each town licensing commission person I spoke with):

New Bedford – BYOB is legal BUT the restaurant is <<not allowed to charge corkage>>.
Fairhaven – BYOB illegal.  <<But it is the state’s responsibility to supervise>>.
Dartmouth – BYOB is legal.  <<Not sure if charging corkage is legal>>.
Fall River – BYOB is legal.  <<Let me check with the state ABCC regarding corkage fees>>.
And just for fun…  Boston – BYOB outright illegal, license or no license.  <<Restaurants that permit BYOB in the city of Boston are breaking the law>>.

Now, I know that Massachusetts is one of the most strict states when it comes to regulations of alcohol trade.  A quick check with New York reveals that BYOB is allowed by the NY’s ABCC but only if the restaurant has an alcohol sales license – the complete opposite of Massachusetts!  Another quick call to Chicago and I found that the state of Illinois leaves it completely up to each town/city... how many towns/cities are there in Illinois?.. you get my point.

Three states, three different approaches.  Confusing?  I’m beginning to think that the Portuguese restaurant was right just hanging up on me.

So what did I learn from spending about an hour of my lifetime on this little project?

THAT THE LAWS AND REGULATIONS CONCERNING B.Y.O.B. ARE ALMOST AS COMPLEX AND ARCHAIC AS THE LAWS REGARDING THE TRADE OF ALCOHOL WITHIN THE 3-TIER SYSTEM.

There could be thousands of restaurants in America who allow BYOB and are breaking the law while doing so.  Can you tell how excited I am about this?  There is an opportunity here… Who wants to be the Tom Wark of BYOB?  Inertia people… any of you reading this?  How about a BYOB compliance tool?  A web-based tool that provides both BYOB compliance information services to food establishments along with listings of restaurants that permit it with corresponding corkage fees if applicable?  I’m serious.  If you think that it is better to leave this alone (don’t ask, don’t tell) then you are a fool.  It is just a matter of time before BYOB becomes more prevalent and restaurants will begin their own a la wine.com sting operation and rat on their competitors who are illegally allowing BYOB.

Next time your are BYOB'ing watch your back... the ABCC may be coming for you.

I usually don’t ask for feedback to my posts.  I know that most of you who read my blog are web-shy but this time I'm really intersted in getting some comments.  Do you BYOB?  How’s BYOB in your town/city?

Comments

[Tim]

I never BYOB just because it's too much hassle figuring out if it's OK, will there be a corking fee, etc.

But it's probably worse in the Boston area. I still can remember being amazed by the weird liquor laws in Boston the first time I visited there years ago. I went to a bar my first night there and ordered a beer and a shot, the waitress told me that I could only order one at a time. Seemed silly since the shot would be gone a second after she brought it to me.

[Marco]

Tim, I think I had missed your comment... So here is a late Thank You for stopping by.

I'm not surprised. A few years ago I was at a bar/restaurant in some town here in Mass where they would not serve me a drink if I was standing up... but there were no sits left at the bar, so my friends and I had to wait until someone left... go figure.

[EDP]

I enjoy wine with dinners, and thus prefer to eat in a restaurant that offers wine. BYOB is okay, too. However, I can think of a good reason for restaurants to be wary of BYOB -- they may be concerned about customers drinking too much, having an accident driving home, and then suing the restaurant. What do you think?

[Marco]

Hi Eleanor, thank you for stopping by and for your comment. You refer to a key point in regards to BYOB which shows how messed up Massachusetts is by allowing BYOB ONLY in restaurants that do NOT have a liquor license. These restaurants are the ones who most likely do not have insurance policies guarding them against the situation you describe. In my opinion, BYOB is a great way for people to drink better wine at restaurants who overcharge for wine without providing any value-added service (proper glasses, appropriate serving temperature, etc.)

Thanks again. Please stay in touch... I would love to taste that Merlot of yours when it's ready.

[Avish]

Thanks for the blog and post Marco. Ok, I think there lies an appreciable legal logic and rationale behind the law that unlicensed restaurants are only allowed BYOB, why?, because this eliminates the possibility described by Eleanor, the drunkard can not claim that it was the restaurant who served the wine. I hope my point is clear. Although, i also agree with the point Marco made that such restaurants do not have any insurance. Keep enjoying and happy drinking, cheers:-)

[Marco Montez]

Avish, thank you so much for reading and even better, leaving a comment. I'll have to revisit this topic at some point. This is the post that has attracted the most visitors to my blog via google searches. This tells me that this topic is of interest to many people. I really appreciate your comment and hope you continue to participate here.

[Mark]

I own a small cafe with a beer and wine license. The Massachusetts laws and enforcement seem to be getting harder and more expensive. I personally am thinking of becoming a BYO and charging a small "set up" fee or corkage fee. The customer gets the responsibility for the consumption and also gets the value of the dining experience. Every BYO establishment intents to get a happy customer who hopefully will return. The Law in Massachusetts at this date states that the towns dictate the laws over BYO's. Our town already allows it and has two other restaurants who have a popular following. But it is hard to find any town clearly writing what is an acceptable way to be held accountable. It is more just word of mouth. The server just can not pour the alcohol. The customer can bring anything and drink it. The establishment can charge a fee for the usage of there space. Any thoughts are welcome!

[Marco Montez]

Hi Mark, thank you for reading my post and leaving a comment.

I think that you pretty much have it covered. You already checked with your town, etc. I guess the key is that you will have to surrender your current alcohol license before engaging in BYO, otherwise you would be breaking Mass. state law.

Personally, I wish there were more BYO restaurants out there. I would need another post to explain why I feel that way... maybe sometime soon I will write a new post about it.

Thanks again for leaving a comment and best of luck. Let me know if there is anything I can help with.

[Steve]

I'm so glad I live in Los Angeles where the only thing preventing BYOB is the infrequent ridiculously high corkage fee (up to $75!). For the most part, even with the average fee of $20-$35 in an upscale restaurant you can bring your own bottle and save major $$.

[GREG]

I would like to know if BYO only applies to restaurants? What if you were a part of a social gathering place. Like a chess club? What are the rules then?

[Marco Montez]

Steve - thank you for your comment. You are a lucky guy indeed. Now, for $75 corkage fee, do they hold the glass up to your lips? :-)

Greg - First of all, I'm no authority in this matter. I think that it depends on the physical location of the the chess club. You should contact the licensing board of the city/town the club is located in. With that said, I think that a lot will depend on the type of club. Is it public, i.e. people can walk in from the street, or is it a private members only club? Good luck with your research.