GoBYO.com
The unique guide to restaurants where you can bring your
own wine (BYO) — including many with no corkage fee.
 
MARYLAND - BYO REGULATIONS
Summary
In Maryland, the Office of the Comptroller of the Treasury, Alcohol and Tax Bureau (the “ATB”), is the controlling authority for alcoholic beverages, except for Montgomery County, in which the Montgomery County Department of Liquor Control (the “MCDLC”) is the controlling authority for that county. Neither the ATB nor the MCDLC expressly permit customers to bring their own bottles of wine to licensed or unlicensed restaurants in Maryland or Montgomery County. In essence, it appears that Maryland leaves it up to each town/city, whether licenses are required to allow the consumption of wine in a restaurant and whether BYO is allowed or not.

Details
Controlling Authority: Office of the Comptroller of the Treasury, Alcohol and Tobacco Tax Bureau

State Law Regarding Alcohol: Article 2b – Alcoholic Beverages

Can a person bring wine into a restaurant that is not licensed?
  • On the surface, Maryland leaves it completely up to each town/city, whether licenses are required to allow the consumption of wine in a restaurant and whether BYO would be allowed or not.

  • However, strictly interpreting Article 2B, 12-107(b)(1) of the MD Annotated Code, BYO is not permitted in an unlicensed restaurant unless specifically allowed by the County.

  • BYO is apparently permitted in licensed restaurants, provided the wine brought in is covered by the restaurant’s license.

  • Only the following counties allow customers to bring their own bottles of wine to a full-service restaurant that DOES NOT have a liquor license:
  • Caroline
  • Charles
  • Frederick
  • Garrett
  • St. Mary’s
  • Baltimore (City & County)
  • Calvert
  • Howard
  • Prince George’s
  • Queen Anne’s
  • Talbot – Except the Town of Easton, which has an Ordinance prohibiting customers from
    bringing their own wine into a non-licensed restaurant
  • Carroll
  • Kent: Each restaurant can determine its own policy
Can bring wine into a restaurant while the restaurant is applying for a license?
  • Whether or not a person can take wine BYO into a restaurant while they’ve applied for a license depends on the local city and town authorities.

  • However, strictly interpreting Article 2B, 12-107(b)(1) of the MD Annotated Code, BYO would not be legal in such cases unless specifically allowed by the County. The only exception to this law might be those Counties where the authorities have no control whatsoever over non licensed restaurants

  • In the following Cities & Counties, the liquor board has no authority over non-licensed restaurants:
  • Baltimore City
  • Calvert
  • Howard
  • Prince George’s
  • Queen Anne’s
What care must a person take in bringing wine to a restaurant?
  • Baltimore County specifies that a person bringing wine may not be under age of 21.

  • Even otherwise, the legal age for drinking is 21. The person must be 21 years of age to consume alcohol or to handle, transport, or sell alcohol.
What care must the restaurant take when a customer brings in BYO wine?
  • The restaurant must follow the legal drinking age law and must not serve alcohol to anybody under 21.

  • Alcohol may be consumed only in the areas designated by the restaurant’s license, however, the
    customer may take back home a partially consumed bottle of wine, ordered with the meal.
Can restaurants store or use BYO wine?
  • Licensed restaurants can store and use the wine brought in BYO, provided they follow laws related to storage and retain the original receipt. However, they may not set off any portion of the bill against the price of the leftovers.

  • Unlicensed restaurants may not store and use wine brought in BYO
Miscellaneous
  • Customers may take a partially finished bottle back with them. Maryland does allow re-corking by law, but a number of experts feel that the liability issues around letting consumers have re-corked bottles of wine back are still unresolved.
Disclaimer: The information stated above is provided as a free service, based on research of public records accessible through the Internet. It does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained on this website. It should also be recognized that governmental regulations can be changed at any time.
 
ADD a Restaurant (Must permit BYO) Please report new or closed restaurants and corrections to: Update@WineLovers.net
Bookmark and Share
About GoBYO   |   Disclaimers and Terms of Use   |   Privacy Policy   |   FAQs ©2010 WineLovers LLC. All Rights Reserved
Reminder: Before going to any restaurant, we recommend that you phone ahead to confirm any information that is important to you.