Navigating the twists, turns and cork-pulls of the state’s liquor regulations as they pertain to serving drinks by the glass to accompany food is a complicated exercise and always has been.
The accompaniment of wine or spirits enhances dining. For whatever reason, the simple act of pouring from a bottle of wine, or even opening a beer, must go through a thicket of regulations. And believe it or not, it is not only a Rhode Island situation. The liquor laws of every state are anything but simple.
Take the idea of BYOB. “Bring your own bottle” had a moment back before the pandemic. There was a circuit of restaurants that did not have liquor licenses. The restaurateur let it be known that patrons could bring in their own alcoholic beverage to enjoy. This brought a clandestine air to the experience. It was as if there was a shared secret that only those at the tables were in on. Add to this the perception of smuggling in a bottle of wine just purchased from the nearby liquor store was putting one over “on the state,” and going out to dinner became an adventure.
The fact is the state never had BYOB restaurants on its radar. The R.I. Department of Business Regulation does not consider BYOBs subject to any state liquor licensing requirements if the restaurant is not selling alcoholic beverages. The only exception to this is that, quoting from state law, “an establishment whose retail liquor license has been revoked cannot thereafter operate on a BYOB basis.”
In wine connoisseur circles, there is another aspect to this. Fans, hobbyists and collectors enjoy showing off their knowledge by bringing a prized bottle or two to a restaurant that already serves alcohol. Talk about tricky. How does this work? Any venue’s bottom line depends on the wider profit margin from the sale of wine or spirits by the drink. There is overhead expense to serve drinks, as there is food – glass washing, labor for service, rent or mortgage, etc. The custom at the restaurateur’s discretion is to allow outside beverages but with a so-called “corkage” fee. Very few restaurants in our area offer this custom. It is not listed on menus, wine lists or websites. We found a scant number that would even discuss it.
Jo’s American Bistro in Newport allows it at a fee of $25 a bottle with the stipulation that the wine cannot be on the restaurant’s wine list. The now-closed north had the following explanation on its website: “We cook food and pour drinks that go in a lot of different directions, with combinations that may be untraditional, but hopefully are always delicious. Corkage fee is $15 per bottle of wine/six pack of beer/per bottle of large format beer.”
In thinking beyond the cork, what about patrons bringing in other items? Many restaurants charge a “cakeage” fee for a booked function such as a birthday party in which the guests bring in their own cake or dessert. This is where at least one local restaurateur draws the line.
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NO BYOB: While some restaurants allow patrons to bring in their own wine or desserts, often for a fee, Italian restaurant Sardella’s in Newport doesn’t allow the practice for liability reasons.
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Richard Sardella, whose iconic Italian restaurant Sardella’s this month celebrated its 43rd anniversary, said for liability reasons the restaurant doesn’t allow patrons to bring in wine or desserts. The famed ristorante on Memorial Boulevard is well known and has been honored with numerous “best of” awards for functions of all sizes. It is not uncommon for a party organizer to ask about a celebratory cake, in which case Sardella’s refers the guest to a local bakery with which it has a working relationship.
Dining Out With Bruce Newbury, syndicated weekly on radio, can be heard in Rhode Island, Connecticut, Vermont and Indiana. Contact Bruce at bruce@brucenewbury.com.
