Proposed legislation submitted in the Rhode Island House of Representatives last week would allow restaurant patrons the opportunity to take home leftover wine when they leave a restaurant.
Submitted by Rep. Matthew J. McHugh, D-South Kingstown, the proposed “Merlot to Go” Law would create a system allowing drivers the chance to take home the sealed container.
Because of current state open-container laws, drivers are prohibited from taking a bottle of wine home from a restaurant if they do not finish it.
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But under McHugh’s law, the diner can have his or her bottle of wine re-corked, and placed in a sealed bag. The bottle of wine must be ordered with a dinner and when the bag is sealed, the receipt for the meal must be attached. The bottle must then be placed in either the trunk of the driver’s car or in a locked glove compartment.
The law could help the state’s hospitality industry, a sector McHugh called an “important part of Rhode Island’s economy, as well as our identity.”
Currently, drivers may be apprehensive to order a bottle of wine because they are faced with either wasting what they don’t drink or consuming it all and potentially becoming intoxicated, McHugh said.
If the law passes, drivers will probably be more likely to order a bottle of wine while they are at dinner.
Restaurants that offer wine specials will likely be able to sell more bottles, McHugh said.
“People will probably be more amiable to taking them up on their offer,” McHugh said.
Dale J. Venturini, president and CEO of the Rhode Island Hospitality and Tourism Association, said last week that she was unaware of McHugh’s law and could not comment on it. However, she said the association had been researching the topic for the legislative session that opened last Tuesday.
However, McHugh said, the legislation mainly aims at promoting responsible driving.
“Especially at a time when we are very concerned about the high rate of drunken driving in Rhode Island, this bill makes sense,” McHugh said in a press release. “It would allow people to drink a sensible amount at dinner, and enjoy the rest safely at home.”
McHugh said he proposed the law after the idea was raised by one of his constituents who had just traveled to Florida, which just recently enacted “Merlot to Go” legislation.
If passed, the law will put Rhode Island among approximately 30 other states that have similar laws in place. Massachusetts legislators are considering a bill that would allow for the practice.
McHugh asked for a hearing on the legislation in the House Corporations Committee last week.
Like Rhode Island, some states have laws prohibiting the practice. However, because liquor laws vary between states, several states have no laws regarding open containers.
McHugh’s proposed legislation comes at a time shortly after Rhode Island was placed on the “Fatal 15,” a list of the states with the highest alcohol-related casualty rate as compiled by the Coalition to End Needless Death on the Highway.
In 2004, 50 percent of fatal traffic accidents in the state were alcohol-related, whereas the national average was 39 percent.
Other legislative matters related to intoxicated driving will be examined this session, including a bill that would eliminate a loophole for people who refuse to take chemical tests in Rhode Island.
If passed, that legislation would double the penalties for refusing to take a breathalyzer test, increasing the license suspension from six months to one year. First offenses would remain a civil infraction. However, subsequent violations would be a criminal matter.
