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Chicago BYOB Corkage Fees Are Illegal? |

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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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Chicago Liquor Law – BYOB license? |

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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?

Throughout the last several months of launching WineMcGee, I’ve learned a lot about the liquor laws of Chicago, IL, and the US as a whole.  I’m going to kick off The Bottle Topper with a series of posts on the laws as I understand them, and explain some interesting aspects that affect our everyday lives:

  • Why are there so few late night bars?  I love Beaumonts like everyone else (what? you don’t love it??), but choosing between Beaumonts and Big City Tap (aka “The Big Shitty”) seems like a crime.
  • Why are there so many Chicago BYOB Restaurants?
  • Is it illegal for a BYOB to charge a corkage fee?
  • Is your favorite happy hour spot in Chicago doing something illegal?
  • After your BYOB dinner, can you take an unfinished bottle of wine home with you?
  • The big Illinois wine shipping debate.  Did Blagojevich screw us again?

Whatever you do, don’t take these articles as a substitute for consulting with your lawyer.  They are not meant to provide legal advice and I have absolutely no credentials in the field of law (although I did once stay at a holiday inn express).

Today I’m going to provide an overview of Chicago liquor licensing, and discuss the laws that relate to BYOB.

First, a little bit of background on alcohol law: Throughout the US, like many of the rules that govern our lives, alcohol is governed by a combination of federal, state, and local county and municipality laws.  While there is certainly a lively debate raging over the limits of state regulatory power pertaining to alcohol (see http://www.specialtywineretailers.org/illinois.html), the Twenty First Amendment to the constitution is generally thought to grant the states fairly broad powers to regulate the importation, sale, distribution and consumption of alcohol.  The state then has the power to grant certain authorities to each municipality.  The city of Chicago has been granted rights to regulate the retail sale of alcohol within the city.

Each business in Chicago that sells alcohol is required to obtain both an Illinois liquor license, and a Chicago liquor license.  In Chicago there are actually nine types of liquor licenses (niiiine times.  niiiine times.  Name the movie.)  There are different licenses for liquor stores, restaurants, taverns, patios, and late-night places.  If you want to see the full details you can check out this PDF guide:  Chicago Liquor Application Guide

What about the license for BYOB restaurants?  There is no such license.  If a restaurant wants to allow BYOB, they can.  While the Illinois Municipal Code grants each municipality the ability to license and regulate BYOB restaurants (see 65 ILCS 5/11-42-10.1), it appears as though Chicago has, at least for the time being, chosen not to do so.  For that reason, and because I enjoy drinking other people’s wine more than purchasing my own, I am officially declaring my apartment a BYOB.

Not all surrounding cities feel the same way about BYOB.  In some areas there are ordinances in place to prohibit BYOB at certain places, like strip clubs.  If you grew up in the suburbs like me, you probably know of Diamonds Gentlemen’s Club (just from the outside).  Because there were two DUI-related deaths and a murder at the club (yeah, you probably want to stay away), DuPage County approved a measure to ban the BYOB allowance at strip clubs. (see DuPage County should ban BYOB policies at strip clubs)

But we live in Chicago, and here everything goes.  Except maybe charging for corkage.  We’ll investigate that later.

(any lawyer types out there see any inacuracies or have something to add?  Let us know.)

Author: Michael Siegler | Category: Liquor Law | Tags: , , |
Winosewer says... 9-17-2009 at 3:50pm

I like the way you mix in the facts with your sense of humor. Keep writing like this and I think you’ll find a broad following. Keep up the good work.

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