26 states (plus DC) currently allow corkage on a statewide level, although some reserve that right to more local jurisdictions. So, not quite as prevalent as direct shipping, but that still puts Maryland in the minority on this issue. Locally, Virginia, Delaware and West Virginia prohibit any sort of corkage outright, while Pennsylvania does allow individual establishments to set their own policy (as long as you bought that alcoholic beverage in PA, because state law makes it unlawful for anyone to possess wine or liquor purchased outside of that state) along with the District.

Here is the text of the proposed amendment to the Maryland Code:

PG County Public Hearing PG 305-11

For the purpose of allowing a patron in a restaurant for which a certain alcoholic beverages license is issued in Prince George’s County to consume under certain circumstances wine not purchased from the restaurant; and generally relating to alcoholic beverages in Prince George’s County.

The new text of the article in question would read (changes in bold):

Article 2B – Alcoholic Beverages

12-107

(b)            (2)            Except as provided in paragraph (10) of this subsection, it shall be unlawful for any person to drink on the licensed premises of any license holder any alcoholic beverages not purchased from the license holder on said premises and not permitted by this article to be consumed on the premises; and it shall be unlawful for any license holder to permit any person to drink any alcoholic beverage not purchase from the said license holder on the premises covered by the license which he holds and not permitted by this article to be consumed on the premises.

(10)            In Prince George’s County, a patron in a restaurant for which a Class B beer, wine and liquor license is issued may consume wine not purchased from the restaurant if the wine is consumed with a meal.

If passed, the law would take effect July 1, 2011.

So how did this play out on the floor? Here’s a look at some of the testimony:

Jolene Ivey, official bill sponsor in the House of Delegates: The delegate cited concerns by restaurants that the ban is a burden to restaurants and pointed out that the practice is quite popular as a promotion elsewhere in the US. In addition, she identified Montgomery County as another jurisdiction exploring similar legislation for similar concerns about the burden on restaurants as they lose customers to DC.

Donnell Long: A restauranteur who feels that he is losing business to Washington, DC as patrons interested in the service pass over his restaurant in Upper Marlboro (Old Towne Restaurant).

Adam Borden: The well-known consumer advocate pointed out the discrepancy created by prohibiting corkage at a restaurant with a liquor license, which are trained to check IDs and not serve alcohol to minors, cannot offer corkage while restaurants that do not have such a license may provide the service.

In general there wasn’t any negative reaction or pushback from the floor or the delegation. I’m not sure if the stunned silence represents imminent approval or a need for the council to digest.

The Vinotrip take: As evidenced by the testimony, changing this law is good for businesses. Obviously choice is good for consumers. Adam’s point is also well taken; if anything, the current law is logically backwards in allowing non-licensed venues to permit BYO while licensed ones may not (although I’d hate to see closing that loophole as the only outcome of this debate!). The current amendments on the table in PG and Montgomery Counties will go a long way towards creating a more competitive environment for local restaurants. All in all, seems pretty reasonable.

However, why stop there? Allowing corkage statewide would offer similar benefits to restaurant owners looking to attract a new market segment or create innovative partnerships with local wineries and wine lovers – for example, a promotion to buy a bottle from Frederick Cellars in the historic district of downtown Frederick and then bring it over to one of the nearby restaurants. Or perhaps restaurants could invite local wine tasting groups to host events at which the chef prepares a menu tailored to the club’s wine list. Either of these would violate current laws if the restaurant in question held a liquor license. Ultimately I see a lot of potential winners from more sensible legislation.

That’s all for now – we should start to hear more details soon with the 2011 Annapolis session set to kick off in January. We’ll see how things look once the special interest groups start to weigh in…

Update: Adam tells me the Montgomery County hearing on Monday went well too, with delegates generally signalling some support at this stage in the game. See this story in the Gazette for more info.

12/06 Update: The Baltimore Sun published an op-ed today about the “flawed” laws banning corkage in Maryland.

Did you know that it’s illegal in Maryland to bring your own wine to dinner at a restaurant, a practice known as “corkage”, if that restaurant is already licensed to sell beer, wine or spirits? It’s true (although corkage IS legal for restaurants without a liquor license – go figure). Even if the wine you would bring isn’t featured on the wine list, say a 200-year-old Champagne recovered from a shipwreck near Finland, Maryland law does not allow liquor-licensed restaurants to set a policy allowing you to consume it on their premises.

Friends of all Maryland wine fans and consumer advocacy group Marylanders for Better Beer and Wine Laws are at it again, pushing to change laws and give those choices to restauranteurs and their patrons (with a little star power help from Frederick-area chef Bryan Voltaggio, he of Top Chef fame). The front lines in this battle are Montgomery and Prince George’s counties, where state delegates introduced bills in response to concerns from restaurant owners that they lose the BYOB crowd to DC, where corkage is legal. Both counties are looking to pass their own respective bills allowing the practice of corkage at restaurants.

Do you feel that restaurants should be allowed to set their own corkage policies to serve the needs of their patrons? If so, here are some opportunities to testify and make your voice heard:

Montgomery County – YOU MUST REGISTER BY 12PM ON MONDAY
7PM on Monday, December 6
3rd Floor Hearing Room, Stella Werner Council Office Bldg.
100 Maryland Ave.
Rockville, MD 20850
http://www.montgomerycountydelegation.com/testify.html
Bill #MC 13-11
Map to location

Prince George’s County – Register by emailing Del. Jolene Ivey (jolene.ivey@house.state.md.us)
7PM on Thursday, December 9
Rennie Forum (in the Largo Student Center)
Prince George’s Community College
301 Largo Rd
Largo, MD 20774

Bill #PG 305-11
Map to location

I’m attending the Prince George’s County hearing on Thursday to see what the people have to say – look for a post later this week!

So like any good blogger I dove right into the search and come up with this summary of Maryland liquor laws from gobyo.com

BYO is apparently permitted in licensed restaurants, provided the wine brought in is covered by the restaurant’s license.

Further, BYOB is explicitly allowed in Baltimore City even if the restaurant in question does not have a liquor license.

Read more of gobyo.com’s research here.