BYOB - Still confusing

My post on the BYOB topic from April 22, 2008 is the one which has brought most readers to this blog via search engine referral sites as google and yahoo.  This is interesting on its own and even more if you read some of the search phrases which lead people here:

BYOB policy in paris france
BYOB set up fee
Massachusetts BYOB legal
byo illegal in massachusetts
Illinois law on byob and cork fee
legality of byob in california
states that permit byob or corkage
byob bar insurance
nyc byob laws
byob only licenses new york state
corkage fees legal boston
byob illegal states
corkage illinois illegal

To this day, visitors are still landing on the Travessia Winery Blog after searching information on BYOB.  When I wrote my post a year ago, two things became apparent to me:

1.    The laws that govern BYOB across America vary from state to state, city to city, town to town AND are extremely confusing.
2.    There is an opportunity to fulfill people’s need for BYOB information.

I don’t expect states or cities within states to get on the same page about this topic and pass legislation that would make it easier for consumers and restaurants to clearly understand the legality of BYOB.  Cities have more important issues to deal with these days anyway.  (Though they could use BYOB as another form of tax revenue...)

But I still think that there is an opportunity for an entrepreneur with some spare time to address the need of so many people who continue to search and seek out information on BYOB.  Anyone?

Comments

[Ben]

Marco, shame on you for suggesting a new tax ;)

Seriously though, a Corkage Tax may be the easiest way to kill BYOB in practice, imho – it would incentivize strongly against BYOB being offered by restaurants and used by their patrons.

[Marco Montez]

Hi Ben... believe me, I'm with the group of people who believes that a bit too much is taken off my paycheck. However, my suggestion was for the cities and towns which outright prohibit BYOB today (like Boston... supposedly), why not allow it instead, but tax it? Restaurants could then allow BYOB and charge a corkage fee. A portion of that corkage fee would be taxed. Anyway, just an idea, one that I certainly haven't thought completely through.

[Russ Gallant]

i don't know that we need yet another tax. so as a consumer i buy a wine and pay US and State tax that's built into the purchase price, then i pay a sales tax on top of that tax, then, when i want to enjoy my wine with a nice meal out, i'll pay another tax on the cork!

i have no problem with a corkage fee that the restaurant comes up with to cover the expense of the glassware, server, equipment, etc. something reasonable and not punitive. and i would never bring BYOB a bottle that the restaurant sold, that's just being cheap. the few times i have taken advantage of BYOB i have called ahead to the restaurant to confirm their BYOB policy and advise what i would be bringing to ensure they didn't already have it on their wine list. the experience each time was absolutely pleasant. I have lost hope that MA could ever be so accommodating to it's citizens. MA govt thinks only of how to wring more money from it's dwindling population.

lastly, sorry for bringing this old post back to life. i was reading old archives and this topic struck a nerve. between the no BYOB in MA and the inability for most wineries to legally ship into MA (both of which are about money more than anything) i'm rather frustrated with the sad state of our state house representatives.

[Marco Montez]

Hi Russ... understood and I agree for the most part. But we can't forget that the citizens of this state voted by a fairly large percentage against the repeal of the income tax, a move that could be certainly seen as "permission" for more and higher taxation which is exactly what just happened starting this August. In addition, these same citizens also voted against the sale of wine in grocery stores something that I personally support.

We have the officials that we've elected and the policies that we've supported as a group of citizens in this state.

Oh, and thanks for reading and commenting... much much appreciated.