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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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