‘Merlot to
Go'
For the past three years the GRA-PAC has
worked diligently to make ‘Merlot to Go' a possibility in Georgia. In
the 2008 legislative session, S.B. 55, or' Merlot to Go' as it has been
named was passed by the House and Senate and signed by the Governor.
This law will be effective July 1, 2008
S.B. 55 states:
"any restaurant which is licensed to
sell alcoholic beverages for consumption on the premises may permit a
patron to remove one unsealed bottle of wine per patron for consumption
off premises, if the patron has purchased a meal and consumed a portion
of the bottle of wine which has been purchased on the premises with such
meal on the restaurant's premises."
There are additional laws that must
be followed by the restaurant and its employees.
"A partially consumed bottle of wine
that is to be removed from the premises must be securely resealed by the
licensee or its employees before removal from the premises. The
partially consumed bottle of wine shall be placed in a bag or other
container that is secured in such a manner that is visibly apparent if
the container has been subsequently opened or tampered with, and a dated
receipt for the bottle of wine and meal shall be provided by the
licensee and attached to the container"
Once restaurant patrons leave the
restaurant facility they must follow the law if traveling in a motor
vehicle.
"If transported in a motor vehicle, the
container with the resealed bottle of wine shall be placed in a locked
glove compartment, a locked trunk, or the area behind the last upright
seat of a motor vehicle that is not equipped with a trunk."
If the container or the seal has been
tampered with and/or broken the patron could be subject to open
container laws.
The following vendor(s) have wine containers
available for purchase so that restaurants and their patrons can be in
compliance with the law:
http://www.winedoggybags.com/ -
GRA Partner
http://www.togobrand.com/
'Merlot To Go' - FAQ
Can I buy a Bottle of Wine at any restaurant and take it with
me?
A patron of legal age can purchase a bottle
of wine with a meal and have it partially resealed by the restaurant to
take with them to consume off the restaurant's premises. The wine must
have been opened and partially consumed by the customer. Each customer
is limited to one partially consumed bottle of wine that may be removed
from the premises.
What does partially resealed mean?
The partially consumed bottle of wine must
be resealed, corked or unable to be consumed, by a restaurant employee
before removal and be placed in a bag or other tamper resistant
container that is secured in a manner that is visibly apparent if the
container has been subsequently opened or tampered with. A dated receipt
for the bottle of wine and meal must be provided by the licensed
restaurant and attached to the tamper resistant container.
Can I/We drink the wine in the car once we leave the
restaurant?
No, the partially resealed and packaged wine
must be held in a locked glove compartment, locked trunk of the car, or
the area behind the last upright seat of a motor vehicle that is not
equipped with a trunk. The partially resealed bottle cannot be held by a
passenger or driver and cannot be consumed while in the vehicle, if
transported in a motor vehicle. The wine cannot be consumed on public
streets or sidewalks, or riding on any other mode of transportation.
Is there a limit on how many bottles I/We can take home from
the restaurant?
Yes. One partially consumed bottle of wine
per patron is allowed to leave the facility.
Does this law supersede any local
laws restricting consumption and packaging?
Local jurisdictions have the right to make
laws restricting consumption and packaging at their restaurants or other
facilities. Check your local government's alcohol consumption and
packaging laws to be sure there are not stricter laws in your city or
county.
This Fact
Sheet is provided by the Georgia Restaurant Association Political Action
Committee. Your contributions to the GRA-PAC make laws
that aid restaurants in Georgia sustain the bottom line. Remember
if you are not at the table you are on the menu. Support the GRA-PAC.