Cork and Carry era Dawns in Massachusetts as ABCC Regs Take Hold

By Amy Lambiaso
State House News Service

STATE HOUSE, BOSTON, MARCH 2, 2006. Doggy bags aren't just for food anymore. Beginning Thursday, restaurant-goers in Massachusetts can take home their unfinished bottles of wine if they order enough food and leave it in a see-through bag provided by the restaurant or bar. Supporters say the law will allow consumers to get their money's worth, while likely pumping up sales for restaurants and keeping diners from drinking too much in an attempt to finish the bottle they bought before driving home.

Under the new law, restaurants or bars have the option of allowing their customers who dine there to take home their leftover wine under certain conditions. State officials issued emergency regulations on Thursday putting the law into effect. The measure constituted part of the recently-approved law allowing wineries to ship directly to Massachusetts consumers.

The regulations go into effect immediately and for up to 90 days, at which time the state Alcoholic Beverages Control Commission (ABCC) will issue permanent regulations. Several public hearings will be held during the next three months.

Peter Christie, president of the Massachusetts Restaurant Association, said he envisions all of his 1,900 members, owning 5,000 restaurants across the state, taking part in the new law. "This is a consumer-driven bill, but it's good for the industry as well," he said.

Customers wishing to bring home their unfinished bottle must have purchased an entrée or main course meal that "cannot be eaten while standing or walking"; for two or more people, that meal must cost at least $20 or each diner must order an entrée, under the regulations.

Additionally, restaurants or bars wishing to allow their customers this new ability, must ensure the bottle is securely resealed and placed in a one-time tamper-proof transparent bag that has the receipt fixed on the outside of the bag. Several companies currently manufacture the bags, including the online company www.winedoggybag.com, which sells the bags in packs of 25 for $18.75, and up to 500 bags for $140.

Officials from the ABCC said the procedure for securely resealing the bottle will be determined by industry, as long as the sealed bottle is placed in the see-through bag. One option could be to purchase a device that allows the bottle to be re-corked by completely submerging the cork below the mouth of the bottle.

"I think people, for the most part, I assume they'll be responsible," said Sen. Richard Moore (D-Uxbridge), who sponsored the so-called cork-and-carry bill. "If they're pulled over for whatever reason and the bag has been ripped open, we're going to assume they've violated the open container law."

With the law, Massachusetts joins 36 other states that allow consumers to bring home unfinished wine bottles.