Nov. 11, 2009 - Issue #734: Hanky panky
It’s my wine, and I’m going home
Law change creates controversy for restaurateurs
The first is the ability to recork and package an unfinished bottle of wine for the diner to take home. This rule requires the restaurant to ensure that the cork is inserted back into the bottle of wine so that it's flush with the top lip of the wine bottle which is then bagged. When resealed and bagged, the diner must store the "open" bottle of wine in their trunk. Should an establishment fail to meet these criteria and the diner is stopped by the police between the restaurant and home, the diner is subject to alcohol laws and the restaurant is subject to failing to meet is license obligations. This could lead to a loss of license.
The other privilege this amendment allows is to enable the restaurant to permit diners to bring in their own bottle of wine. This too is subject to certain rules. The wine must be sealed from the winery, no half consumed bottles, it cannot be homemade and must come from a commercial winery. These are the only rules that the Alberta Liquor Control Board enforces. There may be other criteria or conditions implemented by a participating restaurant such as not allowing wines that also appear on its lists or charging a corkage fee. Only wine is allowed under the license amendment, no spirits and no beer.
A corkage fee is a fee added to your bill that is essentially a service fee the restaurant charges for their server to open the bottle, for their glasses and for the opportunity to bring the bottle in.
While there are roughly 800 licensed restaurants in Edmonton proper, fewer than 100 have been granted the BYOB license. When you look at the list of restaurants that permit BYOB, it's a rather interesting list. Though some from the higher and fancier reaches of the food business such as Normand's and Thai Valley Grill have the amendment, most are the cheap and cheerfuls of the world. These include Chili's, Olive Garden, Red Lobster and Kelsey's.
I contacted several of the restaurants that allow it and asked if they had particular restrictions and what they charged for corkage. Il Forno, Gabbana, Louisiana Purchase and Normand's each charge $15 corkage per bottle with no other restrictions. Olive Garden could not offer a confirmed price but said it is either $15 or $20 per bottle. The Keg seemed equally unsure as to exact prices, tossing out $16 and $17 as potential corkage fees.
"For economic reasons" is the reason Hans Kuhnel of the Creperie—which has a BYOB license—said he got the amendment. He added that he made the decision "because we didn't know how many other restaurants would get the license, [and] we wanted to make sure we offered a service that others did."
At the same time he says, "It doesn't make sense for someone to bring in wine as our mark up is very reasonable." He notes that his restaurant's corkage fee is $15 per bottle and has had fewer than three people in the last year bring in their own bottle of wine.
Jenny Kachkar of Tazza Mediterranean Café said she wanted to make her restaurant as accessible as possible. She commented that, "As a smaller restaurant, we do not have the privilege of stocking all the wines that go well with our dishes. We want our guests to feel comfortable bringing in special wines."
Jenny's brother Richard Kachkar, who runs the restaurant on a daily basis, says he charges a $10 corkage but when it comes to regular customers he'll often waive it. He explains that "good customers who come in will often buy another bottle of wine after they finish theirs," before asking rhetorically, "Is it really detrimental to your business to offer this to your customers?"
Learning why some restaurants allow BYOB proved to be relatively simple, while attempts to contact restaurants that chose not to remained unanswered for weeks.
Eventually, I found myself in one of the unresponsive restaurants waiting for some takeout for my family. The owner came out, sat down and we had a pleasant chat during which the BYOB item came up. Having spoken with him about it before I knew that he was adamantly against the practice, so I asked him why he did not respond to my email. He told me he was going to but his wife told him not to. "You don't want to get in the middle of this," she said, "it's too controversial." He told me he wouldn't respond on the record.
His arguments against allowing customers to bring in their own bottles of wine are illuminating, however. He says he invests a tremendous amount of time, energy and money ensuring that his wine list is eclectic, well matched for the food he offers and reasonable in price. Someone bringing in a bottle devalues that investment of time and energy.
Bringing in a bottle also devalues the restaurants choices, the artistic collaboration between its chef and sommelier. It could also affect the restaurant's bottom line.
One restaurant owner willing to comment, under the condition of anonymity, put it rather bluntly: "I can't honestly think of a situation where it would be a good thing from the restaurant's perspective. I would imagine that what little liquor sales that you do have would be non-existent with a BYO license."
When asked why her restaurant had chosen not to pursue the license extension she said, "With our extensive wine list, it really didn't make sense to allow guests to bring in their own."
Those restaurants that allow customers to bring their own wine consider the practice a harmless bit of customer service and something they're pleased to provide to their guests, while others see it as encroaching upon their territory, limiting their ability to craft an evening from start to finish controlling all the colours on the palette—not to mention the possible effect to the establishment's bottom line. But while feelings might be strong about the change in policy by the Alberta government, consumers haven't rushed to take advantage of the new law, which means that the real controversy over the decision may be yet to come. V
For a list of licensed BYOB venues, please visit our wine guide page on Dishweekly.ca.
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