Virginia's New Corkage Law to Take Effect July 1

Originally filed in the Virginia Senate by 8th District Republican, Jeffrey L. McWaters in January, Senate Bill 1292 regulates the practice of corkage through the Virginia Alcoholic Beverage Control (ABC).

Passed by the Senate and House in February and signed by Governor McDonald in March, SB 1292 states the following:

"…any restaurant licensed by the ABC Board may permit the consumption of lawfully acquired wine by bona fide customers on the premises in all areas and locations covered by the license. The bill provides that a licensee may charge a corkage fee to such customer for the wine so consumed; however, the licensee may not charge any other fee to such customer."

Initially, the proposed law generated a great deal of negative buzz among restaurant industry workers and concerned citizens. The predominant concern was that the law would allow patrons to purchase inexpensive wine to consume at a restaurant, thus hurting the restaurant’s revenue, its image and the potential gratuity income of the server and any other tip-share staff. This sentiment is echoed by comments on the Virginia ABC’s Facebook announcement about the law’s pending implementation.

When asked his feelings about the law, one prominent Richmond chef, who preferred to remain anonymous, stated that he had little faith in the average customer’s ability to choose a wine that would not destroy his food, much less complement it. However, he continued by noting that he had personally allowed the practice for years, despite the fact that it was technically illegal, but only to patrons he knew personally—patrons whom he knew to cellar rare, vintage wines.

This is apparently an uncommon occurrence. According to Phillip Bogenberger of the Virginia ABC, "[there have been no] instances where [ABC has] issued citations for violations of the law prohibiting bringing in wine from outside restaurants.

Based on conversations with several restaurateurs, it seems that diners who prefer to bring their own high-end wines, as opposed to ordering off (often extensive) lists, have been generally welcomed by owners and staff.

Kendra Feather, owner of Ipanema Café, Garnetts Café and the up-coming Roosevelt in Church Hill, said "no, hardly ever, like twice in 12 years," when asked if the situation had ever arisen.

She went on to say, "The old-school folks do it awesome though, they offer the owner or the server a taste of their wine."

As is often the case, the initial reaction to the law seems to have been somewhat knee-jerk due to a lack of factual information. Even in the law’s summary, it is clear that it stands firmly on the side of the restaurant owner. Allowing corkage is completely at the discretion of the restaurant, as are the implementation and level of fees.

At this point, most restaurants interviewed are embracing the law and are pleased with the amount of flexibility and protection the law affords them.

Melissa Barlow, co-owner of The Empress, commented that her restaurant will charge a corkage fee that is reflective of its average wine bottle price, though that price is not set in stone at this time.

"I want people to feel comfortable and at home in my restaurant. If that means they want to bring in a bottle of Two-buck Chuck or a rare bottle from their cellar, that’s fine. We just have to ensure that our average ticket is the same so our servers are tipped properly for their service," Barlow said.

When asked if a bottle of Yellow Tail Chardonnay at the window seat would harm her restaurant’s image, she laughed and said "We’d probably just giggle, put it in a marble chiller and charge them the fee."

The overwhelming consensus is that this law is generally aimed at cellar- and collection-class wines, not grocery bargain bottles.

According to Phillip Bogenberger, "The stated purpose from proponents of the bill was to allow the wine collector to bring his own preferred wine to the restaurant to enhance the experience."

Still, some restaurant-goers see the law as an opportunity to avoid common restaurant mark-ups on mid-grade wine.

When asked his take on the law, prominent Richmond food blogger Jason Guard stated, "I don't usually splurge on a bottle of wine with dinner out, but I'd happily bring my own if the corkage fee doesn't leave a bad taste."

Perhaps this is a positive side effect of a law designed to benefit a small percentage of consumers.

Some notable restaurants have mentioned they will embrace the new law with a set fee based on their wine menu’s average bottle, including Morton’s, The Steakhouse, The Empress and Cous Cous.

Ipanema Café, Kona Grill and Garnetts will allow customers to bring their own wine with no fee, though fair gratuity for the server is strongly encouraged.

The law does present a frustrating challenge for certain types of restaurants, such as wine bars like Secco, where owner Julia Battaglini admitted she’s "still developing a plan."

The experience at a spot like Secco Wine Bar is so specifically driven by the menu and attached wine retailer that it seems totally counterintuitive to think a customer might bring his own bottle. This, however, is the blanket purpose of the law—to offer the restaurant owner a legal opportunity to protect and promote their image, staff, revenue and menu as they see fit while still giving the consumer options when it comes to enjoying a bottle of wine with their meal.