Special SituationsQuestion 95 of 100

Bus. & Prof. Code §23396.5 governs a patron removing a partially consumed bottle of wine from a restaurant. Which is TRUE under that section?

a.A patron who purchased and partially consumed a bottle of wine on the premises may have it resealed and remove it, subject to the section's conditions
b.BYO is allowed only at private events on private property
c.BYO wine in any restaurant is illegal in California
d.Restaurants must always provide free corkage service

Explanation

§23396.5 is a TAKE-OUT provision, not a bring-your-own one: it lets an on-sale licensee allow a patron who PURCHASED the wine on the premises and drank part of it to take the rest away. Wine bought elsewhere is outside this section entirely. The bottle must be resealed and, under Vehicle Code §23223, carried so the open-container rule is not broken — the trunk is the safe place. A restaurant may permit true BYO and charge corkage at its own discretion, but §23396.5 is not what authorizes that.

Law Reference: Cal. Bus. & Prof. Code §23396.5; ABC Rules

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