Wine Corkage Law

The Wine corkage law was passed by the 2011 General Assembly. This states that any restaurant licensed by the ABC Board may permit the consumption of lawfully acquired wine by customers on premises in all areas covered by the license. This also states that the licensee may charge a corkage fee to the customer for the wine consumed but with no other fee. Here are some key facts for you to know:

  • The restaurant is permitted to place limits on the amount of wine a customer may bring into the establishment.
  • Corkage is a practice a licensee may accept or decline.
  • The corkage fee does not have to be paid separate from the customer’s bill, but the bill must indicate the corkage charge.
  • There are no legal provisions that prohibit the sharing of this wine, nor is there a provision that allows the restaurant to seize a person’s property.
  • A restaurant is to follow the ABC law requiring the end of alcohol service if patrons are intoxicated. The restaurant may not confiscate the bottle, but they may seal it for them to take home.

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