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Chicago BYOB Corkage Fees Are Illegal? |

corkage

This article is one of a series of articles related to BYOB restaurants, liquor laws, and Chicago liquor licensing.

Why are there so many Chicago BYOB Restaurants

Chicago BYOB Corkage Fees Are Illegal?

Obscure Liquor Laws

Is there such thing as a Chicago BYOB License?

BYOB goers in Chicago have come to expect that certain restaurants may charge a corkage fee.  This is typically a nominal fee per table or per bottle to offset the costs associated with delivering liquor service, providing stemware, and washing dishes.  Heck, many restaurants even list their corkage charge on their website.   The funny thing is, charging corkage in Chicago is actually against the city’s BYOB policy for restaurants that don’t have a liquor license.

Coming directly from the Chicago liquor license guide:

“While the BYOB (Bring your own Bottle) concept is considered a permitted activity for restaurants within the city limits, there are important city policies regulating the BYOB practice that restaurants need to consider:

  • Fee – No direct or indirect fee may be charged for the allowance of alcohol consumption without a City of Chicago liquor license; this includes corkage fees.
  • Serving/Storing – Restaurant employees may not touch, handle, pour, or store the alcohol in any way.  Patrons bringing their own liquor must handle it themselves.
  • Liability – It is always recommended that BYOB locations obtain liquor liability insurance to protect themselves against potential lawsuits”

So not only is corkage not allowed, but your waiter can’t even pour your wine for you.  Surely this is one of those things that may technically be illegal, but no one really cares, right?  Not so fast, hot shot.  Apparently Chicago is full of people that are looking to do anything they can to ensure these unlawful restaurants are thoroughly held accountable for their blatantly immoral acts.  A look at the following article reveals once instance in which a local restaurant was issued a citation after a patron complained about their corkage practice.  There have also been numerous attacks on the practice over the past few years in popular media, including Wine Spectator, and a debate is raging about whether corkage should be tolerated or tattled-on.

I have absolutely no problem paying corkage at a BYOB.  Even with the corkage, the cost will typically be substantially less than the markup at a restaurant with a wine list, and I get to bring exactly what I want.  Complaining about corkage is like turning your friend in after he gave you 100 bucks for winning the fantasy football league.  Hey, gambling is illegal.  How can you turn him in after you got involved in the league in the first place?  It’s pretty easy, if you don’t want to pay the corkage at a certain restaurant, simply don’t go there.

Author: Michael Siegler | Category: BYOB Restaurants | Tags: , , , , , |
Buyno Wino says... 9-20-2009 at 11:25am

That is pretty interesting! Coast is the only BYOB restaurant that I have been to that doesn’t handle the alcohol bottles but they still charge a corkage if you don’t spend a certain amount of money. This has to be similar to the foie gras mentality. But seriously, what if you refused to pay a corkage? I am sure they would kick you out…

Why Are There So Many Chicago BYOB Restaurants? | The Bottle Topper says... 2-18-2010 at 4:50pm

[...] Chicago BYOB Corkage Fees Are Illegal? [...]

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Why Are There So Many Chicago BYOB Restaurants? |

byob-bag

This article is one of a series of articles related to BYOB restaurants, liquor laws, and Chicago liquor licensing.

Why are there so many Chicago BYOB Restaurants

Chicago BYOB Corkage Fees Are Illegal?

Obscure Liquor Laws

Is there such thing as a Chicago BYOB License?

Chicago sits at the top of the list along with Philadelphia as the top two BYOB cities.  If you’re like me, you love BYOB.  There’s something really cool about bringing your own bottle of wine to a restaurant.  Part of it is about avoiding the extremely high mark up on wine, but just as much, I think,  is the fact that it’s a unique and fun experience.  Somehow I always feel like I’m getting away with something.

I’ve often heard people pontificate about why Chicago has so many BYOB restaurants in the first place, so I’ve done the research, and I’m here today to set the record straight:

Myth 1:  Chicago has so many BYOB restaurants because it’s so darn expensive to get a liquor license.

It’s not cheap to get a liquor license, but for any legitimate restaurant it is surely a good investment. The cost for the Illinois and Chicago licenses combined is around $2,500 per year. Restaurants are also required to get liquor liability insurance. When you tally it all up, with the increased liability, license costs, and lawyer fees, the business is probably looking at around $10,000 per year max. (Are you a local business owner? Email me and tell me what you pay.)

Liquor revenue for a typical restaurant can range from 15%-40% of their gross revenue, and an even higher percentage of gross profits.  Typical cost of sales for food in restaurants are around 40% of food revenue.  For liquor, it’s often around 25%. So, using those costs, it would take just under 45K total revenue per year (food and drink) for the  restaurant to break even in their liquor investment. There obviously isn’t a surviving restaurant out there that doesn’t pull in 45K.  Beyond that, any smart BYOB owner would realize that they are likely taking on the same liability by letting people drink on premises as they would if they were selling them alcohol.  So, if they are avoiding a liquor license just for the additional cost of liquor liability insurance, they are playing a risky game.

Note on the accuracy of these numbers:  These figures don’t come from any industry-standard guides or large surveys, but based on all of the information I’ve found, they are reasonable estimates.

Myth 2: Chicago has so many BYOB restaurants because there are only a limited number of licenses to go around.
Restaurant

This one is not true either. There is no set limit on the number of liquor licenses in Chicago. To get the inside scoop, I read through all of the city’s liquor documentation and placed a few calls to the Business Licensing Center, and local Alderman’s office. I found that each ward is given the authority to regulate liquor licenses, and nearly all the power typically lies in the hands of the Alderman him/herself.

While there are certain dry areas and Moratorium Districts (regions in which no new liquor licenses are provided), the majority of the wards are not Moratorium Districts. Beyond that, wards that are Moratorium Districts usually only restrict new licenses for liquor stores, and almost never care if a restaurant wishes to sell alcohol.

There are certain situations where liquor license requests will be denied, but this is not why Chicago has so many BYOBs.  If you are a restaurant owner, and you are BYOB solely because you couldn’t get a license, please let me know.  I’d be interested to hear how many restaurants were actually rejected liquor licenses and why.

So now, the real reasons that Chicago has so many BYOB restaurants:
Reason 1: It’s Legal

Most other big cities require that restaurants have liquor licenses before allowing diners to BYOB.  As I wrote in the earlier article, IL has given each municipality the right to regulate BYOB restaurants, but Chicago has chosen not to do so.  I’ll write about the specific rules of other big cities in later posts.

Reason 2: Chicago Loves BYOB

People in Chicago love BYOB. Businesses are always looking to separate themselves from the pack. Allowing BYOB is a great way for restaurants to provide guests with a unique and exciting experience. Even though there are a lot of BYOBs, it still isn’t the norm. As long as people are looking to bring their own bottle to a local restaurant, you can bet there will be a restaurant looking to supply their demand.

Reason 3: Getting a Liquor License in Chicago is a Lot of Work.

Getting a liquor license is surely not an easy process. It’s complicated to understand everything that is involved, and how it will affect your business. It takes time to read through all of the documentation, prepare the paperwork, go through inspection, and do everything the right way. It also requires an upfront cost to secure the license. It’s simply easier for many owners to avoid all of this while starting their business and claim their restaurant BYOB.

Here’s a look at all that is involved:

  • Fill out a business information sheet and set up a meeting with the city.
  • Determine if your business is in a restricted area (e.g., too close to a school), dry area, or Moratorium District.
  • Review zoning and submit a detailed floor and site plan.
  • Potentially required to pitch your license request before local community committees or to the Alderman him/herself (ward specific).
  • Provide proof of liquor liability insurance.
  • Complete Beverage Alcohol Sellers and Servers Education and Training (BASSET) and get a certificate.  This can be done in one day of training, and there are many online license providers.
  • Pass background checks for owners, major investors, and their spouses.
  • Present a financial disclosure form

Why do you think Chicago has so many BYOBs?  Have any more good reasons?  Beg to disagree?

Author: Michael Siegler | Category: BYOB Restaurants | Tags: , , , |

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