This allows customers to remove one open bottle of wine from a premises if they meet the appropriate requirements.
53-123.04. Retail license; rights of licensee; sampling; removal of unsealed bottle of wine; conditions.
- (3) (a)
- A restaurant holding a license to sell alcoholic liquor at retail for consumption on the licensed premises may permit a customer to remove one unsealed bottle of wine for consumption off the premises if the customer has purchased a full-course meal and consumed a portion of the bottle of wine with such full-course meal on the licensed premises. The licensee or his or her agent shall (i) securely reseal such bottle and place the bottle in a bag designed so that it is visibly apparent that the resealed bottle of wine has not been opened or tampered with and (ii) provide a dated receipt to the customer and attach to such bag a copy of the dated receipt for the resealed bottle of wine and the full-course meal.
- (b)
- If the resealed bottle of wine is transported in a motor vehicle, it must be placed in the trunk of the motor vehicle or the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver of a passenger and the motor vehicle is not equipped with a trunk.
- (c)
- For purposes of this subsection, full-course meal means a diversified selection of food which is ordinarily consumed with the use of tableware and cannot conveniently be consumed while standing or walking.
53-123.11 Farm winery license; rights of licensee; removal of unsealed bottle of wine; conditions.
- (1) (c) (i)
- Permit a customer to remove one unsealed bottle of wine for consumption off the premises. The licensee or his or her agent shall (A) securely reseal such bottle and place the bottle in a bag designed so that it is visibly apparent that the resealed bottle of wine has not been opened or tampered with and (B) provide a dated receipt to the customer and attach to such bag a copy of the dated receipt for the resealed bottle of wine.
- (ii)
- If the resealed bottle of wine is transported in a motor vehicle, it must be placed in the trunk of the motor vehicle or the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver of a passenger and the motor vehicle is not equipped with a trunk.
The Commission has received many inquiries as to the type and notice of the required bag. The Commission cannot endorse any particular bag but can state that banksupplies.com sent in sample bags that clearly meet the requirements.
