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New law lets you take your vino to go

Regulations issued to enforce new wine “doggy bag” law

March 3, 2006 - Bringing home an unfinished bottle of wine from a restaurant or hotel is now reality for Massachusetts. Today, with assistance from Senator Richard T. Moore (D-Uxbridge), the Alcoholic Beverage Control Commission (ABCC) issued regulations on how partially consumed wine must be resealed before leaving the premises.

“I commend the ABCC for working quickly to produce these regulations,” said Senator Moore. “Consumers will finally have the option of taking partially-consumed wine they had with their meal home. This law promotes responsible drinking and it’s consumer-friendly.”

The temporary regulations require restaurants, hotels or bars to place the wine in a one-time-use tamper-proof transparent bag. The bottle of wine must be sealed by the employee before leaving the premises. In order for patrons to bring the unconsumed wine home, for two people, they must order a meal that costs at least $20. Only one bottle of wine per patron is allowed to be carried out. Additionally, a receipt that displays the date of purchase of the meal and wine must be attached to the bag. The law also states that if a patron appears to be intoxicated, the server has the right to refuse allowing them to leave with the bottle of wine. 

Last month, Senator Moore and his colleagues successfully overrode Governor Romney’s veto on legislation that allows Massachusetts consumers to purchase wine from small out-of-state wineries and wine producers to sell directly to customers. The “wine doggy bag” language was a part of that bill. Since the Legislature overrode the Governor’s veto, the bill became law immediately. 

The emergency regulations will be in effect for the next 90 days, during which the ABCC will follow the legal process required under Massachusetts law for promulgating regulations. A public hearing to take comment on the provisions of these regulations will be held within the next 60 days. Once this process is completed, permanent regulations will be issued 

During the session last year, Senator Moore demonstrated one method to package the unfinished bottle of wine. Senator Moore explained that many companies make plastic “doggy bags” with adhesive strips. Once the bag is sealed, it is impossible to remove the bottle without destroying the bag. Therefore, if the patron is stopped by police, an officer would be able to determine if the bag had been tampered with and the bottle re-opened. 

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