The following letter was sent to the Senate Education, Health, and Environmental Affairs Committee today in support of SB 280, which will allow Marylanders to take home a partially consumed bottle of wine from a restaurant.

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February 17, 2006

Sen. Paula C. Hollinger, Chairman
Senate Education, Health, and Environmental Affairs Committee
2 West, Miller Senate Building
Annapolis, MD 21401-1991

via fax: 2 pages (410-841-3957)

Re: SB 280 - Removal of a Partially Consumed Bottle of Wine from a Licensed Premises

Dear Chairman Hollinger and Senators on the Committee:

Marylanders for Better Beer and Wine Laws (MBBWL) is writing today in support of SB 280, legislation that would allow consumers to take home a partially consumed bottle of wine from a restaurant. Please enter this letter as our testimony in support of the legislation.

We believe this reform is good for consumers, good for the restaurant industry, good for Maryland's wine industry, and good for public safety. It is good for consumers because they will no longer have to leave partially consumed bottles of wine at the restaurant. If this law passes, consumers will have the opportunity to try wine that is not available by the glass, which they may not have purchased under current law if they had to leave much of a bottle at the restaurant.

This reform is good for the restaurant industry because patrons will be more likely to purchase more expensive bottles of wine if they are allowed to take a partially consumed bottle home with them.

This change in the law may benefit Maryland's wine industry because restaurant patrons may be willing to purchase a Maryland wine that is otherwise not available to them by the glass. We believe this reform would open up opportunities for consumers to try Maryland wine -- opportunities that are restricted under current law.

Finally, we believe SB 280 is good for public safety because restaurant patrons will no longer feel pressured to consume a full bottle of wine, rather than leave a partially consumed bottle at a restaurant. This will reduce the number of people driving while intoxicated.

Our Concerns

We do have two concerns with the way in which the bill is currently drafted. The bill requires the restaurant to insert the cork bottle "so that the top of the cork is level with the lip of the bottle." This language does not take into consideration that many fine wines today have screwtops rather than corks. It is also very difficult to get a cork all the way back in the bottle and restaurant wait staff may not be clear that this is the requirement as it is not common practice to put a cork "level with the lip of the bottle" after it has been opened. We do not want to see restaurant patrons being arrested or getting tickets because restaurant staff did not put a cork level with the tip of the bottle. MBBWL believes there should be some more leeway in this provision.

We also are concerned about the provision that makes bottles of wine removed from restaurants "open containers." It is easy to imagine restaurant patrons not being told that they must put the bottle in the trunk by a server in a busy restaurant. If they are then pulled over by the police, they could get a ticket for an open container if the bottle is in the cab of the car even if the bottle isn't truly open and the restaurant patrons were under the impression that such actions were legal. Marylanders for Better Beer and Wine Laws does not believe a partially consumed bottle of wine from a restaurant that is corked should be considered an open container if there is not evidence that wine was being consumed in the vehicle.

Thank you for considering this progressive legislation and taking our input. Do not hesitate to call on us when deliberating this and other beer and wine law reforms. We hope you will pass SB 280 with our suggested changes in order to make Maryland's wine laws better.

All my best,

Scott Ehlers
Executive Director
Marylanders for Better Beer and Wine Laws