Very often I feel obliged to finish a bottle of wine at a restaurant before leaving. Restaurant wine markup is usually around three times cost, and I don't know about you, but I don't have money to waste. It is sometimes (ok, always) difficult for me to leave a $30 bottle of Malbec at a restaurant when it would have cost me $10 at a wine shop. At times this choice can have a much higher cost…DUI, etc...

Well, we can now thank the Government. In order to reduce DUI incidents (and save you money), certain states have instated Doggy Bag Laws (Also known as “Merlot to Go”)… A patron may take an unfinished bottle of wine home as long as he/she follows very simple rules (These are general rules, please check with your state government to find out if there are any doggy bag laws at al in your state, and the specifics for your state):

1.      All Unfinished bottles of wine must be re-corked and the patron can take them with him/her.

2.      The wine must be placed in the trunk of your car (It is still illegal to drive with an open container in most states).

                3.      Only re-corked bottles of wine may be taken home, don’t even think about glasses of wine,  mixed  drinks, cans or bottles of beer.

This however is pretty much a trade secret. It is quite often that I see people leaving their bottles at the table, I also see people making a spectacle of themselves and speaking in their outside voice when they should be using their inside voice because they had one glass too many. More restaurants are starting to encourage the Doggy Bag. Some (albeit very few) restaurants will bring over paper bags at the end of a meal and encourage guests to take their wine home. I hope that restaurants realize that this law is also beneficial for the restaurateur.  I now feel more confident about ordering that great Amarone or that Gran Reserva without the fear of wasting my money.

This is just a little tip to save you money and to save your life. Please check and respect state laws and be moderate in your drinking.

This is the latest I could find on the laws, but definitely check with your state laws before you do anything...wine laws change often...and its better that you are safe than sorry:

ALABAMA
Section 32-5A-330 allows the transport of an open container of alcohol if it is placed in the trunk or an area not readily accessible.  (see note 1)

ALASKA
Current state laws do not allow patrons to take home partially consumed bottles of wine.  HB382 is being proposed whereby it would be legal to do so if the cork is reinserted flush with the bottle top.

ARIZONA
Looks like Arizona code, 4-244 Section 31 allows a partially consumed bottle of wine purchased in conjunction with a meal from a licensed premises to be removed if the cork is reinserted flush with the top of the bottle. (see note 2)

ARKANSAS
Arkansas ABC Reg 1.79(27) allows patrons who have purchased wine in conjunction with a meal to remove a partially consumed bottle of wine if the cork is replaced in the bottle. (see note 2)

CALIFORNIA - The use of a Wine Doggy Bag is recommended
Section 23396.5 of the Business and Professions Code, Division 9 allows any "on-sale licensee" which maintains a bona fide eating place in conjunction with such license to allow a person who has purchased and partially consumed a bottle of wine to remove it from the premises upon departure. Section 23225 goes on to say that this bottle must be kept in the trunk of a vehicle. It goes on to discuss the procedure if the vehicle does not have a trunk. (see note 2)

COLORADO -
Section 12-47-421, Colorado Revised Statutes was amended to allow a licensed hotel or restaurant to permit a customer to reseal and remove "one opened container of partially consumed vinous liquor purchased on the premises as long as the original container did not contain more than 750 milliliters of vinous liquor."  The Colorado Division of Liquor Enforcement strongly encourages restaurateurs to put the bottle in a bag which is sealed to prevent opening until the patron is home.   They also suggest restaurants advise patrons of open container laws and check with local towns concerning this.

CONNECTICUT –  - Endorsed by Connecticut Restaurant Association
Public Act No. 03-228 and 04-33 (call for copy) allows a restaurant, cafe or hotel dining room patron to remove one unsealed bottle of wine for off-premises consumption provided the patron has purchased a full course meal and consumed a portion of the wine with such meal. The bottle that is removed must be securely sealed and placed in a bag by restaurant personnel. See also Bill No 5449.

DELAWARE
Title 4, Chapter 5, Section 512(d) allows patrons to take home partially consumed bottles of wine when purchased with a meal. (see note 2)

DISTRICT OF COLUMBIA
As far as we know state laws do not allow patrons to take home unfinished bottles of wine.

FLORIDA - - Endorsed by Florida Restaurant and Lodging Association
Section 564.09 of the Florida statutes provides that a restaurant licensed to sell wine may permit a patron to remove one unsealed bottle of wine if (i) the patron consumed a portion of the wine with the purchase of a full meal, (ii) the restaurant securely reseals the bottle, (iii) the bottle is placed in a bag that is secured in a manner that is visibly apparent if the bag has been opened and (iv) a dated receipt for the wine and meal is available.

GEORGIA
HB 1436 allowing unfinished bottles of wine to be taken from a restaurant was just vetoed by the governor.

HAWAII
Act 49 allows, at the discretion of the county liquor commission, the removal of partially consumed bottles of wine that have been purchased with a meal and re-corked or resealed in its original container. (see note 2)

IDAHO
IC 23-505 allows an unsealed alcoholic beverage container to be transported in the trunk or behind the last seat of a vehicle but  IC 23-1333 states that no person, while riding in, or operating a motor vehicle on a public highway may have in their possession any wine in an open or unsealed container.  (see note 1)

ILLINOIS -
SB 0946 allows a patron to take home an unfinished bottle of wine if the unfinished bottle is placed in a transparent, one time use tamper proof bag.

INDIANA
IC 9-30-25-3 allows open containers of alcohol to be transported in the trunk, behind the last seat or in a fixed, locked compartment of a vehicle. (see note 1)

IOWA
Law allows restaurants with Class B license to sell wines by the bottle and recork them for patrons to take home. Because it is still considered "unsealed" it must be transported in the trunk so as not to run afoul of open container laws. (see note 2)

KANSAS -
SB 444 (HB2962) allows for the removal of open containers of wine if the unfinished wine is placed in a tamper proof, transparent bag and sealed.

KENTUCKY - - Endorsed by Kentucky Restaurant Association
KRS Chapter 243 signed by the governor allows a partially consumed bottle of wine to be removed if it is sealed in a single use, tamper proof bag that makes it visibly apparent (transparent) if the container has been tampered with.

LOUISIANA
RS 32-300 allows open containers of alcohol to be transported in the trunk, behind the last seat or in a locked glove compartment of a vehicle.  (see note 1)

MAINE -
Title 28-A allows partially consumed bottles of wine to be removed provided the person is not visibly intoxicated and the wine is securely sealed and bagged.

MARYLAND - The use of a Wine Doggy Bag is recommended
House Bill 517, signed by the Governor allows a patron to take home a partially consumed bottle of wine.  Details on how the bottle is to be sealed have not yet been finalized. (see note 2)

MASSACHUSETTS -
ABCC regulations issued pursuant to Chapter 33 of the Acts of 2006 allows a licensed restaurant or hotel dining room patron to remove one partially consumed bottle of wine that has been purchased with a meal. The bottle that is removed must be placed in a one-time-use tamper proof transparent bag with the meal receipt attached to the sealed bag.

MICHIGAN - The use of a Wine Doggy Bag is recommended
Public Act 21 (2005) allows an unfinished bottle of wine to be removed from a licensee if the wine was purchased with a meal and re-corked level with the lip of the bottle. (see note 2)

MINNESOTA - The use of a Wine Doggy Bag is recommended
Section 340A.404, Subdivision 11 allows for the removal of an unfinished bottle of wine if the wine was purchased, and partially consumed, in conjunction with a meal.  There is no mention of special packaging. (see note 2)

MISSISSIPPI
Current state law does not allow patrons to take home partially consumed bottles of wine but efforts are being made to change this law.

MISSOURI  - Endorsed by Missouri Restaurant Association
SB262/HB450 allows the removal of partially consumed bottles of wine if (i) the restaurant securely reseals the bottles, (ii) places them in a one time use, tamper-proof, transparent bag and securely seals the bag and, (iii) provides a dated receipt for the meal.  Wineries are also covered in this law.

MONTANA
We believe that restaurants can allow patrons to take home partially consumed bottles of wine if they are placed in the trunk of a vehicle or a place inaccessible to the drive but do not have specific regulations to point to. (see note 2)

NEBRASKA - LB388 has been added as an amendment to LB562 allowing unfinished bottles of wine to be removed from a restaurant if the bottle is re-corked and sealed in a transparent, tamper-evident, one-time-use bag.

NEVADA
We believe patrons are allowed to take home partially consumed bottles of wine when purchased in conjunction with a meal but have no definitive regulations to point to. (see note 2)

NEW HAMPSHIRE – Title XIII, Chapter 179, Section 179:27-a allows any person who has purchased a full course meal and purchased and partially consumed a bottle of wine with said meal to remove it from the premises provided (i) the person is not in a state of intoxication and (ii) such bottle is securely sealed and bagged by the restaurant to be in conformance with open container laws.

NEW JERSEY - The use of a Wine Doggy Bag is recommended
It is the policy of the state, says the NJ Division of Alcoholic Beverage Control, to encourage moderation in the consumption of alcoholic beverages. Permitting a diner to take home an unfinished portion of the bottle of wine furthers that policy. Unfinished bottles of wine must be re-corked by the restaurant. Wine doggy bags can be used but it is suggested that the wine be placed in the trunk of a car while in transit. (see note 2)

NEW MEXICO
Looks like the current bill died again. We are told it will be brought up again in the next legislative session. So until then, no unfinished wine can be removed from a restaurant

NEW YORK – SLA 588 allows the take home of one partially consumed bottle of wine if (i) the restaurant has the appropriate wine or liquor license, (ii) the bottle of wine is purchased in connection with a full course meal, (iii) the patron consumes a portion of the wine with the meal, (iv) the wine is securely resealed, placed in a one-time-use tamper-proof transparent bag which is securely sealed and, (v) a dated receipt for the full course meal and wine is provided to the patron.

NORTH CAROLINA
We believe that restaurants with off-premises licenses can allow patrons to take home a partially consumed bottle of wine if it is re-corked. Re-corked wine must be transported in the trunk of a car or a compartment inaccessible to the driver. (see note 2)

NORTH DAKOTA
Chapter 39-08-18 allows a bottle containing alcoholic beverages whose contents have been partially removed to be kept in the trunk or area of a vehicle not accessible to drivers or passengers.  (see note 1).

OHIO – - Endorsed by Ohio Restaurant Association. Senate Bill 131, signed by the Governor allows the remove of partially consumed bottles of wine if the bottle is securely resealed by an employee of the permit holder in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with.

OKLAHOMA
OK law 37-537.1(6) allows patrons to take home partially consumed bottles of wine if they are purchased with a meal and re-corked by the restaurant. (see note 2)

OREGON
Looks like section 471.175-3 and 471.178-4 allows the holder of a full or limited on-premises sales license to allow a patron to remove a partially consumed bottle of wine if (i) the wine is served in conjunction with a meal, (ii) the patron is not a minor and (iii) the patron is not visibly intoxicated. We also hear that the restaurant must advise the patron of open container laws although we currently cannot find that in the actual written law. (see note 2)

PENNSYLVANIA - The use of a Wine Doggy Bag is recommended
Act 59 of 2003 allows a patron, in conjunction with a meal, to remove the unfinished portion of the bottle of wine from a hotel or restaurant.The hotel or restaurant must reseal the bottle. Resealing is not defined.

RHODE ISLAND - - Endorsed by Rhode Island Restaurant Association
H7051B (S2194B) allows patrons to remove a partially consumed bottle of wine if it is purchased in conjunction with a meal and placed in a container which shall be sealed in such a way as to prevent reopening without obvious evidence that the seal was broken.

SOUTH CAROLINA
Section 61-4-110 allows open containers of wine to be carried in the trunk of a vehicle.  (see note 1)

SOUTH DAKOTA
State Law 35-1-9.1 allows an open alcoholic beverage to be carried in a motor vehicle as long as it is not accessible to the passengers or driver.  (See note 1)

TENNESSEE
Statue 57-4-203(e) allows an unfinished bottle of wine purchased in conjunction with a meal to be removed from the premises.  There are no details on how the partially consumed bottle is to be packaged. (see note 2)

TEXAS
Partially consumed bottles of wine can be taken from properly licensed facilities and must be put in the trunk, a locked compartment of the vehicle, or in the furthest part of the vehicle away from the driver if there is no trunk. (see note 2)

UTAH
Title 32A, Chapter 4 307-15(b) allows patrons to take home partially consumed bottles of wine when purchased with a meal if the bottle is recorked or recapped. (see note 2)

VERMONT - A WINEDOGGYBAG STATE
Restaurants have the discretion of allowing patrons to take home an unfinished bottle of wine if it is bagged and in accordance with T 7 VSA paragraph 222(1).

VIRGINIA
Looks like HB 602 which was introduced to permit patrons to take home unfinished bottles of wine from retail on premise licensees failed in the House.

WASHINGTON - RCW 66.24.400(1) allows patrons to take home partially consumed bottles of wine if they are re-corked and packaged.

WEST VIRGINIA - State laws do not permit patrons to take home partially consumed bottles of wine.

WISCONSIN - The use of a Wine Doggy Bag is recommended. Assembly Bill 619 allows unfinished wine to be taken from restaurants if the cork is reinserted even with the top of the bottle and the cork is not reinserted between the hours of midnight and 6AM. (see note 2)

WYOMING - - Endorsed by Wyoming Restaurant Association
WS 12-4-410 allows unfinished wine to be removed if sealed by the licensee and placed in a tamper-proof transparent bag which is also securely sealed. A dated receipt must be provided to the patron.

CANADA
The Alcohol and Gaming Commission of Ontario - Information Bulletin No. 009 allows patrons who, brought their own bottle of wine to a licensed establishment, to remove it as long as it has been resealed by the licensed establishment.

There is also a site where you can buy your own bags and keep up with the laws, http://www.winedoggybag.com/index.htm...

Enjoy