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Specific wine tote laws

Specific Wine Tote State Laws AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY CAN ALABAMA Section 32-5A-330 allows the transport of an open container of alcohol if it is placed in the trunk or an area not readily accessible. (see note 1) ALASKA - A Wine Tote State - 13 AAC 104.410 allows for the removal of one bottle of wine served with a meal if (i) a cork is reinserted in the bottle so it can only be removed with a corkscrew, (ii) the screw-on cap is sealed with tamper evident tape or (iii) the resealed bottle is placed in a tamper proof sealed single use bag manufactured expressly for removal of partially consumed bottles of wine from a licensed premises. ARIZONA Looks like Arizona code, 4-244 Section 31 allows a partially consumed bottle of wine purchased in conjunction with a meal from a licensed premises to be removed if the cork is reinserted flush with the top of the bottle. (see note 2) ARKANSAS Arkansas ABC Reg 1.79(27) allows patrons who have purchased wine in conjunction with a meal to remove a partially consumed bottle of wine if the cork is replaced in the bottle. (see note 2) CALIFORNIA - The use of a Wine Tote is recommended Section 23396.5 of the Business and Professions Code, Division 9 allows any "on-sale licensee" which maintains a bona fide eating place in conjunction with such license to allow a person who has purchased and partially consumed a bottle of wine to remove it from the premises upon departure. Section 23225 of the California Vehicle code further states that this bottle must be kept in the trunk of a vehicle. It goes on to discuss the procedure if the vehicle does not have a trunk. (see note 2) COLORADO - A Wine Tote State Section 12-47-421, Colorado Revised Statutes was amended to allow a licensed hotel or restaurant to permit a customer to reseal and remove "one opened container of partially consumed vinous liquor purchased on the premises as long as the original container did not contain more than 750 milliliters of vinous liquor." The Colorado Division of Liquor Enforcement strongly encourages restaurateurs to put the bottle in a bag which is sealed to prevent opening until the patron is home. They also suggest restaurants advise patrons of open container laws and check with local towns concerning this. CONNECTICUT A Wine Tote State- Endorsed by Connecticut Restaurant Association Public Act No. 03-228 and 04-33 (call for copy) allows a restaurant, cafe or hotel dining room patron to remove one unsealed bottle of wine for off-premises consumption provided the patron has purchased a full course meal and consumed a portion of the wine with such meal. The bottle that is removed must be securely sealed and placed in a bag by restaurant personnel. See also Bill No 5449. DELAWARE Title 4, Chapter 5, Section 512(d) allows patrons to remove a partially consumed bottles of wine when purchased with a meal. (see note 2) DISTRICT OF COLUMBIA A Wine Tote State Title 25 of the D.C. Official Code has been amended to allow for the removal of partially consumed bottles of wine from on premises class CR or DR and Caterers licensees provided the bottles are securely sealed by the licensee and placed in a bag prior to removal from the premises so that it is visibly apparent if the bag has been subsequently opened or tampered with. FLORIDA -A Wine Tote State- Endorsed by Florida Restaurant and Lodging Association Section 564.09 of the Florida statutes provides that a restaurant licensed to sell wine may permit a patron to remove one unsealed bottle of wine if (i) the patron consumed a portion of the wine with the purchase of a full meal, (ii) the restaurant securely reseals the bottle, (iii) the bottle is placed in a bag that is secured in a manner that is visibly apparent if the bag has been opened and (iv) a dated receipt for the wine and meal is available. GEORGIA A Wine Tote State Senate Bill 55 has been put into law allowing restaurant patrons to remove, for off-premises consumption, a resealed partially consumed bottle of wine that was purchased with a meal provided the bottle is placed in a bag that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with. HAWAII Act 49 allows, at the discretion of the county liquor commission, the removal of partially consumed bottles of wine that have been purchased with a meal and re-corked or resealed in its original container. (see note 2) IDAHO IC 23-505 allows an unsealed alcoholic beverage container to be transported in the trunk or behind the last seat of a vehicle but IC 23-1333 states that no person, while riding in, or operating a motor vehicle on a public highway may have in their possession any wine in an open or unsealed container. (see note 1) ILLINOIS -A Wine Tote State SB 0946 allows a patron to remove an unfinished bottle of wine from a restaurant if the unfinished bottle is placed in a transparent, one time use tamper proof bag. INDIANA IC 9-30-25-3 allows open containers of alcohol to be transported in the trunk, behind the last seat or in a fixed, locked compartment of a vehicle. (see note 1) IOWA -A Wine Tote State Senate Bill 447 provides that a person holding a liquor control license may permit the removal one unsealed bottle of wine if the customer has purchased and consumed a portion of the wine on the premises and the licensee securely reseals such bottle in a bag designed so that it is visibly apparent that the resealed bottled of wine has not been tampered with. KANSAS -A Wine Tote State SB 444 (HB2962) allows for the removal of open containers of wine if the unfinished wine is placed in a tamper proof, transparent bag and sealed. KENTUCKY -A Wine Tote State KRS Chapter 243 signed by the governor allows a partially consumed bottle of wine to be removed if it is sealed in a single use, tamper proof bag that makes it visibly apparent (transparent) if the container has been tampered with. LOUISIANA RS 32-300 allows open containers of alcohol to be transported in the trunk, behind the last seat or in a locked glove compartment of a vehicle. (see note 1) MAINE -A Wine Tote State Title 28-A allows partially consumed bottles of wine to be removed provided the person is not visibly intoxicated and the wine is securely sealed and bagged. MARYLAND - The use of a WineTote is recommended House Bill 517 (Senate Bill 280) allows a patron to remove a partially consumed bottle of wine. Check for specific regulations for Montgomery County and other local authorities. (see note 2) MASSACHUSETTS -A Wine Tote State ABCC regulations issued pursuant to Chapter 33 of the Acts of 2006 allows a licensed restaurant or hotel dining room patron to remove one partially consumed bottle of wine that has been purchased with a meal. The bottle that is removed must be placed in a one-time-use tamper proof transparent bag with the meal receipt attached to the sealed bag. MICHIGAN - The use of a Wine Tote is recommended Public Act 21 (2005) allows an unfinished bottle of wine to be removed from a licensee if the wine was purchased with a meal and re-corked level with the lip of the bottle. (see note 2) MINNESOTA - The use of a Wine Tote is recommended Section 340A.404, Subdivision 11 allows for the removal of an unfinished bottle of wine if the wine was purchased, and partially consumed, in conjunction with a meal. There is no mention of special packaging. (see note 2) MISSISSIPPI -A Wine Tote State HB 1434, effective July 1, 2009 allows for the removal of one bottle of unfinished wine if the bottle is securely resealed by the permit holder and placed in a bag that is secured in a manner so that it will be visibly apparent if the bag is opened. MISSOURI - A Wine Tote State SB262/HB450 allows the removal of partially consumed bottles of wine if (i) the restaurant securely reseals the bottles, (ii) places them in a one time use, tamper-proof, transparent bag and securely seals the bag and, (iii) provides a dated receipt for the meal. Wineries are also covered in this law. MONTANA The Liquor Control Commission tells us that a person may take an alcoholic beverage away from the licensed premises providing the license allows the sale of alcohol for on or off-premises consumption. A restaurant holding a restaurant/beer license may not allow wine to be removed from the premises. They suggest that a partially consumed bottle of wine be re-corked before it is removed. (see note 2) NEBRASKA -A Wine Tote State LB388 has been added as an amendment to LB562 allowing unfinished bottles of wine to be removed from a restaurant if the bottle is re-corked and sealed in a transparent, tamper-evident, one-time-use bag. NEVADA We believe patrons are allowed to remove partially consumed bottles of wine when purchased in conjunction with a meal but have no definitive regulations to point to. Please make sure to check each county for specific regulations (see note 2) NEW HAMPSHIRE A Wine Tote State Title XIII, Chapter 179, Section 179:27-a allows any person who has purchased a full course meal and purchased and partially consumed a bottle of wine with said meal to remove it from the premises provided (i) the person is not in a state of intoxication and (ii) such bottle is securely sealed and bagged by the restaurant to be in conformance with open container laws. NEW JERSEY - The use of a Wine Doggy Bag is recommended It is the policy of the state, says the NJ Division of Alcoholic Beverage Control, to encourage moderation in the consumption of alcoholic beverages. Permitting a diner to take home an unfinished portion of the bottle of wine furthers that policy. Unfinished bottles of wine must be re-corked by the restaurant. Wine doggy bags can be used but it is suggested that the wine be placed in the trunk of a car while in transit. (see note 2) NEW MEXICO A Wine Tote State House Bill 124 (Senate Bill 332) allows for the removal of a partially consumed bottle of wine from a restaurant if the bottle is recorked and sealed in a tamper-proof bag. NEW YORK A WINEDOGGYBAG STATE Approved by State Liquor Authority SLA 588 allows the removal of one partially consumed bottle of wine if (i) the restaurant has the appropriate wine or liquor license, (ii) the bottle of wine is purchased in connection with a full course meal, (iii) the patron consumes a portion of the wine with the meal, (iv) the wine is securely resealed, placed in a one-time-use tamper-proof transparent bag which is securely sealed and, (v) a dated receipt for the full course meal and wine is provided to the patron. NORTH CAROLINA We believe that restaurants with off-premises licenses can allow patrons to remove a partially consumed bottle of wine if it is re-corked. Re-corked wine must be transported in the trunk of a car or a compartment inaccessible to the driver. (see note 2) NORTH DAKOTA A Wine Tote State Chapter 39-08-18 allows a bottle containing alcoholic beverages whose contents have been partially consumed to be kept in the trunk or area of a vehicle not accessible to drivers or passengers. (see note 1). OHIO A Wine Tote State Senate Bill 131, signed by the Governor allows the remove of partially consumed bottles of wine if the bottle is securely resealed by an employee of the permit holder in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with. OKLAHOMA OK law 37-537.1(6) allows patrons to remove partially consumed bottles of wine if they are purchased with a meal and re-corked by the restaurant. (see note 2) OREGON Looks like section 471.175-3 and 471.178-4 allows the holder of a full or limited on-premises sales license to allow a patron to remove a partially consumed bottle of wine if (i) the wine is served in conjunction with a meal, (ii) the patron is not a minor and (iii) the patron is not visibly intoxicated. We also hear that the restaurant must advise the patron of open container laws although we currently cannot find that in the actual written law. (see note 2) PENNSYLVANIA - The use of a Wine Doggy Bag is recommended Act 59 of 2003 allows a patron, in conjunction with a meal, to remove the unfinished portion of the bottle of wine from a hotel or restaurant.The hotel or restaurant must reseal the bottle. Resealing is not defined. RHODE ISLAND -A Wine Tote State H7051B (S2194B) allows patrons to remove a partially consumed bottle of wine if it is purchased in conjunction with a meal and placed in a container which shall be sealed in such a way as to prevent reopening without obvious evidence that the seal was broken. SOUTH CAROLINA Section 61-4-110 allows open containers of wine to be carried in the trunk of a vehicle. (see note 1) SOUTH DAKOTA State Law 35-1-9.1 allows an open alcoholic beverage to be carried in a motor vehicle as long as it is not accessible to the passengers or driver. (See note 1) TENNESSEE - The use of a Wine Tote is recommended Statue 57-4-203(e) allows an unfinished bottle of wine purchased in conjunction with a meal to be removed from the premises. There are no details on how the partially consumed bottle is to be packaged. (see note 2) TEXAS Partially consumed bottles of wine can be taken from properly licensed facilities and must be put in the trunk, a locked compartment of the vehicle, or in the furthest part of the vehicle away from the driver if there is no trunk. (see note 2) UTAH Title 32A, Chapter 4 307-14(a) allows patrons to remove partially consumed bottles of wine when purchased with a meal if the bottle is recorked or recapped. (see note 2) VERMONT -A Wine Tote State Restaurants have the discretion of allowing patrons to remove an unfinished bottle of wine if it is bagged and in accordance with T 7 VSA paragraph 222(1). VIRGINIA The ABC tells us that Regulation 3 VAC 5-40-30 allows a patron of a restaurant licensed to sell wine for on premises consumption to remove a partially consumed bottle of wine as long as the bottle is re-corked. WASHINGTON -A Wine Tote State RCW 66.24.400(1) allows patrons to remove partially consumed bottles of wine if they are re-corked and packaged. WEST VIRGINIA A Wine Tote State Section 60-8-3, rule 175 CSR 4, paragraph 6.15 states, among other requirements, that the restaurant must use a one-time tamper resistant bag to secure the partially consumed wine (maximum two bottles) prior to the wine going off the premises. WISCONSIN - The use of a Wine Doggy Bag is recommended Assembly Bill 619 allows unfinished wine to be taken from restaurants if the cork is reinserted even with the top of the bottle and the cork is not reinserted between the hours of midnight and 6AM. (see note 2) WYOMING -A Wine Tote State WS 12-4-410 allows unfinished wine to be removed if sealed by the licensee and placed in a tamper-proof transparent bag which is also securely sealed. A dated receipt must be provided to the patron. CANADA The Alcohol and Gaming Commission of Ontario - Information Bulletin No. 009 allows patrons who, brought their own bottle of wine to a licensed establishment, to remove it as long as it has been resealed by the licensed establishment. IF YOU KNOW OF ANY UPDATES TO THE ABOVE LAWS, PLEASE CALL AND LET US KNOW (800) 831-6049 Note 1 - While these states allow open containers of alcohol to be transported in a motor vehicle, there is no specific law we can find allowing restaurants to permit patrons to remove unfinished bottles of wine. Please check with your advisors on this matter. Note 2 - The use of a Wine tote could further limit a restaurant's liability, will definitely prevent spills from loose corks and also is a neat way to present the wine to your customer. *** While the above information has been taken from reliable sources, please remember that we are not attorneys and are not engaged in rendering legal or professional advice. No warranty of accuracy is given. Laws and regulations may have changed and we suggest that you speak with your professional advisors or verify policies and procedures with your state and local alcohol beverage control departments as other regulations may apply.