The Duckhorn mystery was explained to me last night at Pacific Rim. Duckhorn is aggressively marketing their product to restaurants, selling it at huge discounts.
]]>But here’s what the LCC says: BYO at unlicensed restaurants is illegal, but we’re not the guys who enforce it. We’re only empowered to enforce beverage laws at the licensed places we regulate.
The law in question is MCL 436.1913; see the link in my previous reply. It specifically mentions “the sale of food” for “consideration” as a prohibited activity in connection with allowing BYO — along with glasses, mixers, and the like. That pretty much covers most restaurants.
What can the local cops do? Arrest those who break the statute, as with any other law.
Laws like this, both anti-consumer and decades behind most other large industrial states, make me no happier than they do you. And as HJG notes, some restaurants regularly choose to ignore them.
]]>Second of all, I’m not a lawyer but this BYO argument has been circulating for a long time. The LCC has absolutely no jurisdiction here, and they admit it in their press release. They clearly say: “we can’t do anything about it, contact your local cops.”
So exactly what law are you breaking and what can your local cops do about it? If the restaurant isn’t charging you any money for: glasses, mixers, cover charge, corkage fee, etc., but rather just lets you bring in a bottle of your own wine, I am still trying to figure out, by carefully reading this press release, exactly what law you’re breaking. It eludes me.
From time to time, over the years, the police and the sheriff have been known–usually as a result of citizen complaints–to let BYO-friendly restaurant owners know that they’re being watched. No restaurant owner wants to be on the wrong side of the cops. Cops will also warn them that they’re leaving themselves open to lawsuits if anyone gets drunk and hurts themselves or others.
Okay, I’m off to the Pacific Rim for a glass of wine. (Honest! I am!)
]]>But just because it’s illegal doesn’t mean that some restaurants aren’t doing it every day… so better keep that name to yourself!
]]>Peter di Lorenzi
]]>The wines at Pacific Rim sell for 84% OVER retail, which means they sell for 184% OF the retail price. Same meaning, but sorry if the phrasing creates some confusion.
]]>Hey Anon, why are you reading this (and complaining) if you are unemployed? Wahhh!
Joel, Psst! I think you have a typo in the “Wallet-Friendly” group. 184% doesn’t jive with the 84% cited above.
Keep up your insightful and helpful work!
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