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February 6, 2008

The Liquor Board answers our questions

LiquorBoard

 

A couple of discussions about alcohol have been going on under other posts. Under one on Restaurant Week, Dahlink introduced the question of corkage fees. A server said that the restaurant owners he worked for had been telling customers it's now illegal to bring your own bottle of wine if the place has a liquor license.

Under another post, someone asked why supermarkets in Baltimore can't sell beer or wine, and wondered if it had something to do with only being allowed one license. ... 


Of course, like all good discussions, it's always fun when nobody actually knows anything for sure. But eventually I thought I should call the Board of Liquor License Commissioners for Baltimore City and see what I could find out. I talked to the board's spokesman, Douglas Paige, yesterday.

He told me that it's perfectly OK to bring a bottle of wine into a restaurant that has a liquor license, at least in the city. I guess the owners the server was referring to just don't like the competition.  (Since each county has its own jurisdiction, I suppose that could vary elsewhere; but he didn't know of any counties where it's illegal, and that's about as much time as I'm willing to spend on researching the subject.) 

(Later note: Please see Liquor Board correction below.)

As for selling beer and wine, Mr. Paige said there's a state law prohibiting sales in supermarkets, chain stores or discount stores. He thinks the places on the Eastern Shore that posters mentioned must have been grandfathered in. 

I didn't ask him the BYOB-corkage fee question that came up later. If I get the time today, I'll call him back. 

 

(Photo courtesy of Fred Dufour/AFP/Getty Images)

Posted by Elizabeth Large at 5:21 AM | | Comments (36)
Categories: Wine and Spirits
        

Comments

Thank you, Elizabeth! I'm still not thrilled with the idea of sharing my prize bottle with a stranger, corkage fee or no corkage fee--too bad I can't use Owl Meat's suggestion since we don't live in Texas.

HA! I knew it. Thank God I posted anonymously. Fibbing about liquor laws to customers is lame. If I was a customer I would wonder what else I was being lied to about.

I think your sources should check their sources! Sutton Place Gourmet of recent memory in Pikesville was both a specialty "gourmet" food store and had a large wine store included. But for what ever reason Trader Joe's was not allowed to continue the wines in it's stores when taking over the location. Sutton Place was not in Pikesville for long, so I don't think the "grandfathered" in clause would apply. Maybe it's the "who you know clause"?

It may have been like Eddie's, which seems to be considered a separate liquor store. Or maybe Sutton Place isn't considered one of those three for whatever reason.

Dahlink, worry not, although sharing a glass with the server is common, it is never expected. Those that carry in that very special bottle of wine that means something never share. Sharing wine with the server is done by the big shots who walk in carrying a six bottle over the shoulder wine holster. No server is thinking “this guy better share that ‘61 Chateau Patrus he inherited from his grandfather.”

Eddie's supermarket in Mount Vernon has a small beer and wine selection within the store.

"It's perfectly OK to bring a bottle of wine into a restaurant that has a liquor license..."

Does this mean that it's illegal to bring a bottle (BYOB) to places that don't have liquor licenses?

No, I don't think it means that.

I have two questions that have always bothered me:

1) Grocery stores can't sell wine or beer but the CVS down the street can? Last I checked, CVS is clearly a chain.

2) Why can't liquor stores open on Sunday? Bars with Sunday package goods licenses can sell alcohol (and charge quite a mark up) but more reputable places can't? Is this a vestige of some outdated blue law? Is it intended to encourage temprance on a church day? If so, why does the city temporairly allow liquor stores to open on Sundays during the holy holiday season?

Maybe I should have entitled this The Liquor Board Doesn't Answer Our Questions.

Unless there is spefic language providing the definition of "Supermarket", "Chain Store" and "Discount Store" in the applicable legislation, it's open to the interpretation of the person enforcing the law. While it may be "who you know", the more likely answer is that it's how solidly you make the case that you don't fit in one of the proscribed categories. "Not enough square footage to be a supermarket, we only have of locations, so we're not a chain, and have you seen our prices? Hardly a discount store. We're a neighborhood grocery store (or whatever other eligible category)..."

I think nobody really knows what the law actually says about wine and beer sales. You can buy wine and beer at Eddie's, you can buy take out wine at Helen's Garden Restaurant, and Grand Cru sells wine by the glass and bottle. In Ocean City you can buy beer and wine at Seven Elevens (chain stores?)and you can buy wine at Wine Rack stores that are in Exxon gas stations. Corkage fees are a different animal. This is a hot issue and comes up in magazines like The Wine Spectator and Food and Wine. You might check http://www.winecountrygetaways.com/corkage.html or http://www.foodandwine.com/articles/corkage-for-dummies There's some wiggle room on what's reasonable. I don't think I'd take a bottle of wine to a restaurant that sold wine. And remember, you can get anything you want at Alice's Restaurant....'ceptin' Alice.

To add another wrench, I heard that you just can't open up a store that sells liquor at a certain few hundred feet near, a church - is that what delayed the opening of the wine store on Charles St., across from Old St. Paul? And I also know that, the Superfresh next door was suppose to sell wine but decided not to due to space constraints - clearly a grocery store/supermarket that would be breaking state law per the liquor board. Or does the city have its own rules? Both CVS and Rite Aid downtown sell liquor.

No Sunday sales, no sales near a church? As I look at the sixteen rubber bracelets on my wrists, I see one that asks what would Jason Bateman do ... no that's not it. Oh yeah, WWJD. Well if you're Jesus you make your own wine. Seriously, when are American crypto-Puritans going to loosen the reins on their buzz-kill donkey brigade and realize that the FIRST miracle performed by Jesus was making wine for a wedding. It's in the Lego Bible y'all. I remember the song we used to sing at Catholic bow hunting camp: "There ain't no party like a Jesus party, 'cause a Jesus party got wine!" Word.

Gravy-
That's the irony of it all.

When his friends came to him and said: "Jesus, we're out of wine." The Lord DID NOT say to them to abstain and go home, he told them to roll those big jugs of water on over and LET'S PARTY!!!!\

If I'm going to CHOOSE a saviour, then let him be one who knows how to enjoy a night out with friends.

I can comment of the wine and beer sales near a church out of personal experience. In the early 1990's I was called by a commercial realtor and prospective deli owner about seeking our permission to sell alcohol on a carry out basis. My church's property was across the corner from the new strip mall, and they were asking me to sign a waiver for the Harford County Development Advisory Commission. The primary concern was whether we were worried that people would buy a six pack, wander across to the church parking lot to drink it, and leave the empties. The grounds were well lit and very public, so we decided it wasn't a problem and they got the license they needed.

The laws must be different in Baltimore City, since neither the staff nor the Vestry of Old St. Paul's was officially consulted either about the original plan to sell beer and wine in the market nor in the subsequent plan to open a small liquor store nearby.

Hmmm. Plenty of places in Montgomery County that still sell Beer and Wine in their stores (including some chains.) In AA County, I can think of two places (one a chain, one not) that do as well. But I am sure that they must have been 'grandfathered' in because these two locations have been around longer than I have...

Another proximity to bars story ...

I was talking to a veteran Baltimore City Poice officer regarding the smoking ban in bars. He said that because it's illegal to loiter within 100(?) feet of an establilshment with a liquor license, all the smokers outside a bar are breaking the law. I said, "Sure, but you're not going to arrest or cite people for that?" He smiled and said, "I can if I want to." Interesting.

Elizabeth,

Perhaps I should have investigated further. Checking the actual verbiage, the law is very clear...Article 2B, Section 12-107(b) Consumption on premises - 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 purchased from said license holder on the premises covered by the license...subsection (3) states, This section does not apply to licenses issued for dance or social events.

So the final answer would be "NO", sorry guys!

I wish we would just adopt the liquor policies of New Orleans. How great would it be to walk down Charles or Pratt and be able to buy a "Big A$$ Beer" on the street and keep on walking.

Wow, I think we just accidentally killed something beautiful.

Mr. Paige: Are these laws available anywhere online? Shouldn't all our laws be easily available to us in a democracy? I tried to find the law about the smoking ban to no avail. It's a basic principle of the Rule of Law upon which our Mighty Nation was founded that all laws be known and equally applied.

As for New Orleans, I will trot out a tasty nugget from Thomas Jefferson, "The government that governs best, governs least." Yet in Baltimore we have festivals where you have to go into the Brew Stalag, urrh, beer garden to enjoy a frosty cold one. Raise the sudsy flag of freedom people!

Owl Meat Gravy,
You can view all rules & regs by going to the following site:
mlis.state.md.us/asp/web_statutes.
asp -stroll down to Alcoholic Beverage Laws and in the section field enter 1-101

As for the smoking ban laws - baltimorecity.gov Health Department is enforcing this law.

Hey guys, No open containers allowed on city streets.(alcohol) It's The Law! What happens in NOLA...stays in NOLA!

Thank you DKP. I will check that out later.

Seriously, in this age where we can find out what kind of underwear certain idiots are wearing or not every sngle day it should be much easier to find out whar laws our representatives have enacted on our behalf. And we should demand that it is easy to see them.

Whatever!!!!!!!

Mike wrote - "Is this a vestige of some outdated blue law? Is it intended to encourage temprance on a church day? If so, why does the city temporairly allow liquor stores to open on Sundays during the holy holiday season?"

You have hit on the most hypocritcal aspect of this update to the old Blue Laws. Why or why can you buy liquor on those Sundays during Advent, arguably, the most holy Sundays of the year with the exception of Easter Sunday?

It's all about the money. I know I restock around the holidays and I bet others do, too. Profit trumps religion any time.

Um, Owl Meat Gravy, I think that's asking a bit too much from our nation as we move from a Police State into Totalitarianism...


GO REAL I.D. 2008!!!!!!

Janet & Owl Meat - maybe I'm missing something, but if it's all about money, then wouldn't it make more sense for the blue laws to be repealed entirely? 48 more Sundays of revenue would seem to be a better deal for everyone.

JLA, it's more devious than that. Here I go and then I'm bringing it back to food.

More revenue to the state, but less for the churches. Sure, churches don't pay taxes (yet), but they wield considerable political influence, especially in Baltimore City. But the Apostles didn't go to a church, they hung out eating fish sandwiches that JC conjured up. So now we have Mike Huckabee calling on Jesus himself to bring forth an economic jump start by providing the USA with $70 billion of "loaves and fishes". So watch out Baltimore, it just might be raining fried lake trout subs if the Reverend Candidate has any pull.

Mmm... cloudy with a chance of meatballs!

JLA - As I remember it, it originally was not just liquor stores that were closed on Sinday. All retail stores were closed as per the Blue Laws. The retail situation eased up first for Sundays during Advent and then during the rest of the year. The liquor laws lagged somewhat behind.

I like OMG's answer better!

Hey guys! Those establishments that are closed on Sundays have been issued Class "A"BWL or "A"BW licenses and state law prohibits Sunday sales under this class of license. However, have you ever notice during the holidays(Thanksgiving - New Years, some of these establishments are open for business? Article 2B, Section 11-403 states, holders of a Class A retail alcoholic beverage license may exercise the off-sale privilege on the Sundays that fall between Thanksgiving Day and New Year's Day from 1pm-9pm for a $50 fee for each Sunday.

Establishments that are open 7 days per week have been issued Class "BD7" license. Under this license, alcoholic beverages are comsumed on the premises or elsewhere (package goods).

Also, the prohibition concerning churches and schools restricts the Board from approving an application for transfer of license within 300 feet of a church or school. The exception is a Class B restaurant license.

Oh man, I have to leave...don't wanna miss happy hour!

Mr. Paige, please leave the comedy to us amateurs. Your professional status confers an unfair advantage. Thank you.

"As I remember it, it originally was not just liquor stores that were closed on Sinday."

That was a really interesting typo.

Technical point. I am assuming that the post time stamp represents when ELar releases the post to the blog and NOT when the person submits them. Unless DKP knows of a good breakfast happy hour?

Nope, it's when you submitted them. It's getting confusing now because the crack blog software was down sporadically yesterday, plus the number of comments has increased so much I have trouble keeping up. I'm having letting go issues, not wanting my editors to publish comments when I'm not around, so that's why they sometimes get backed up even when the software is up and running. But they will appear eventually.

Seriously, the blog blackout yesterday left me bereft and rudderless. I stopped drinking, went back on my meds, did yoga, talked to other people and ate seven Four Cheese and Weasel Meat Hot Pockets.

Any chance that you could get a better blob interface? It's so generic and limiting.
1) The type in the entry box is too small.
2) The box is too small.
3) Come on, why do we have to manually enter html tags? It's too hard.
4) You must have an easier way to create an html link, because the way I did it was torturous and didn't work half the time.
5) The ability to post photos? Sounds scary, I know.
6) The Sun Talk Forums have easy HTML tagging and they are not ad supported.
7) Hmm, I really want to go to Petit Louis today for some reason ... they sell ads on your blog, we should have at least as good tools as the Forums.

Thank you for listening.

Multimedia Editor Mary, where are you? HELP

Come on Mary, give us help, we're selling your ads. We think our opinions matter but it's all about the cheddar.

Owl meat said: The type in the entry box is too small.

Perhaps the owl should stop trying to deny that he needs reading glasses?

Does it need to have none volatile storage (so its still stored if the machine is turned off or on?)

Data structure wise, there is always the good ole linked list, but if you[url=http://happygrl76e.livejournal.com/1665.html].[/url] can something like a tree will give better searching results (for slightly more overhead possibly.)

Do you know how to "create" data structures in C alright?

Hello.
The interesting name of a site - weblogs.baltimoresun.com, interesting this here is very good.
I spent 4 hours searching in the network, until find your forum!

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About this blog
Richard Gorelick was appointed The Baltimore Sun's restaurant critic in September 2010. Before joining the paper staff fulltime, he contributed freelance criticism and features articles about food to area and regional publications. Along the way, he dispatched for short-distance trucking companies, shilled for cultural non-profits, and assisted in cognitive neurology research – never the subject, always the control.

He takes restaurants seriously but not himself, and his favorite restaurant is the one you love, too.
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