BYOB in Detroit area restaurants, possible?

**Malcove Magnesia** · November-25-11, 06:58 PM

So I had a question for some of you foodies out there.

One of the nice things in California is that most restaurants allow customers to bring in their own wine bottles [[for a "corkage fee" of course).

I was able to do this once at 24 Grille downtown [[and wasn't charged any corkage, either), but subsequent times I was denied with apologies like "our liquor license doesn't allow this". And other area restaurants I wasn't able to do this either. So I'm thinking that maybe I simply had an inexperienced server the first time?

Does anyone know if Michigan Liquor Laws prohibit customers from bringing their own wine into restaurants?

Or is it usually just up to the restaurant [[who would rather be selling their marked up bottles)?

**antongast** · November-25-11, 07:00 PM

Le Petit Zinc allows it. They don't have a liquor license, though.

**MidTownMs** · November-25-11, 10:54 PM

I went to a soul food restaurant on 8 mile near Gratioit. They said it was ok to go next door and buy liquor and bring it into the restaurant to drink with our food. They weren't selling liquor, wine, or beer. I don't remember the name of the place. What I do remember was that the owner was wearing an unconcealed gun.

**corktownyuppie** · November-25-11, 10:57 PM

Originally Posted by MidTownMs

What I do remember was that the owner was wearing an unconcealed gun.

LOL. Seriously.

**oldredfordette** · November-25-11, 11:19 PM

Atlas Global Bistro allows you to bring your own wine, they charge a “corkage” fee. I’d call a restaurant before I brought one in. Common Grill in Chelsea allows it too.

**Zacha341** · November-25-11, 11:22 PM

Sounds like a smart man! LOL!

Originally Posted by MidTownMs

I went to a soul food restaurant on 8 mile near Gratioit. They said it was ok to go next door and buy liquor and bring it into the restaurant to drink with our food. They weren't selling liquor, wine, or beer. I don't remember the name of the place. What I do remember was that the owner was wearing an unconcealed gun.

**EastsideAl** · November-26-11, 02:39 AM

As I'm sure you've noticed, Michigan liquor law is significantly more restrictive than California's, but then so are the laws in almost every other state in the country.

Because Michigan Liquor law limits all licensed premises [[including bars, restaurants, liquor stores, etc.) to purchasing alcohol only from those distributors authorized by the Liquor Control Commission, bars and restaurants are not supposed to allow consumption on-site of any stuff not purchased through their own license directly from one of these distributors. I believe this effectively bans BYOB for all licensed restaurants.

Here is the effective sub-section of the law:
"A retail licensee shall not, on his or her licensed premises, sell, offer for sale, accept, furnish, possess, or allow the consumption of alcoholic liquor that has not been purchased by the retail licensee from the commission, the commission's authorized agent or distributor, an authorized distribution agent certified by order of the commission, or a licensee of the commission authorized to sell that alcoholic liquor to a retail licensee."

Technically, unlicensed places are not supposed to allow consumption of alcohol onsite. But unlicensed establishments are by definition out of the jurisdiction of the Liquor Control Commission, so enforcement of this is entirely up to local law and custom, and obviously some places are tighter than others. It is absolutely illegal in Michigan though, a felony in fact, for an unlicensed establishment to charge you to consume alcohol onsite, whether they gave it to you or you brought it in yourself.

**MidTownMs** · November-26-11, 07:27 AM

Originally Posted by corktownyuppie

LOL. Seriously.

Seriously...he was strutting around like a peacock making sure everybody saw it.

**Malcove Magnesia** · November-26-11, 08:35 AM

Thanks @EastsideAl, that was the answer I was looking for: it's illegal to BYOB at any licensed restaurant in Michigan. Bummer!

Once slightly nice thing that's changed recently is that wine sales from California to Michigan are now permitted [[i.e. shipments can be made through UPS & FedEx), so the LCC has loosed its grip just a little bit.

**mikefmich** · November-26-11, 08:47 AM

Fred G. Sanford [[period) would've known the answer to this.

**Searay215** · November-26-11, 11:22 AM

Originally Posted by MidTownMs

I went to a soul food restaurant on 8 mile near Gratioit. They said it was ok to go next door and buy liquor and bring it into the restaurant to drink with our food. They weren't selling liquor, wine, or beer. I don't remember the name of the place. What I do remember was that the owner was wearing an unconcealed gun.

It is legal to open carry in Michigan.....no license required. Conceled requires a CPL. I don't have a problem with either.....No big deal.

**Wesley Mouch** · November-26-11, 12:31 PM

Originally Posted by EastsideAl

As I'm sure you've noticed, Michigan liquor law is significantly more restrictive than California's, but then so are the laws in almost every other state in the country. ...this effectively bans BYOB for all licensed restaurants.

Technically, unlicensed places are not supposed to allow consumption of alcohol onsite. But unlicensed establishments are by definition out of the jurisdiction of the Liquor Control Commission, so enforcement of this is entirely up to local law and custom, and obviously some places are tighter than others. It is absolutely illegal in Michigan though, a felony in fact, for an unlicensed establishment to charge you to consume alcohol onsite, whether they gave it to you or you brought it in yourself.

I believe you are right on licensed establishments. Only alcohol purchased through the system and sold by the licensed establishment is permitted.

But I'd like to hear some informed opinion about unlicensed. They are by definition outside of the Michigan Liquor CC, as is your house. I have always understood that there are no legal limits on BYOB in an unlicensed establishment. That said, the establishment certainly can limit this, most likely due to their own insurance rules, as well as just the fact that they cannot legally profit from it. Also, remember that you can't carry it open to and from the establishment -- although I believe there are now exemptions for partially consumed wine bottles -- but that might be only from licensed establishments....

Someone who really knows should stop up here on the unlicensed BYOB law in Michigan.

**EastsideAl** · November-26-11, 02:49 PM

Here is the applicable section of the Liquor Control law that bans the consumption of alcohol in unlicensed restaurants:

"A person shall not consume alcoholic liquor in a commercial establishment selling food if the commercial establishment is not licensed under this act. A person owning, operating, or leasing a commercial establishment selling food which is not licensed under this act shall not allow the consumption of alcoholic liquor on its premises."

There is, however, an exception to both this section on unlicensed establishments and the section I posted above licensed establishments that allows outside alcohol consumption in hotels in "resort areas" [[which are not defined). This is why some local hotel restaurants permit BYOB, and some even list corkage fees on their menu. The Townsend Hotel in Birmingham does this, and perhaps this is how Atlas gets away with it too, since building its in was formerly the Addison Hotel.

And a "clarification" of the law on unlicensed establishments issued by the state a few years ago [[which mostly actually serves to make the matter less clear) points out that:

"The Liquor Control Code of 1998 generally prohibits alcoholic beverage consumption in non-licensed establishments pursuant to MCL 436.1913 and MCL 436.2027. However, since the participating establishments do not hold liquor licenses, the Commission does not have jurisdiction over them and is powerless to take enforcement action against these unlicensed businesses. Therefore, the ultimate determination of whether a violation has occurred rests with the local law enforcement agency and the local prosecutor."

Meaning that it really depends on how touchy your local government feels about this sort of thing, and how tightly your local cops enforce it.

**Zacha341** · November-26-11, 03:27 PM

Hah! The element of surprise is better IMO....

Originally Posted by MidTownMs

Seriously...he was strutting around like a peacock making sure everybody saw it.

**softailrider** · November-26-11, 07:20 PM

Originally Posted by Searay215

It is legal to open carry in Michigan.....no license required. Conceled requires a CPL. I don't have a problem with either.....No big deal.

I don't have one bit of a problem with it either. Some people, almost become illl at the sight of a gun.

**softailrider** · November-26-11, 07:22 PM

I eat out a lot, my rationale is, cooking for two sucks. I can't EVER remember seeing anybody bring in their own bottle of wine.

**shasha** · November-26-11, 08:07 PM

Pete's Place [[long ago, he was with LaDolce Vita on Woodward) on Woodward Heights just east of Hilton in Ferndale, allows one to BYOB [[but not beer) & there is a corkage fee. A great menu & surprisingly, I'd suggest reservations on week-ends

**Wesley Mouch** · November-26-11, 08:09 PM

Originally Posted by EastsideAl

Here is the applicable section of the Liquor Control law that bans the consumption of alcohol in unlicensed restaurants:...Meaning that it really depends on how touchy your local government feels about this sort of thing, and how tightly your local cops enforce it.

Eastside...thanks much. That's great info.