Bus. & Prof. Code §23396.5 governs a patron removing a partially consumed bottle of wine from a restaurant. Which is TRUE under that section?
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 RulesThis topic, taught in full in the California RBS (Responsible Beverage Service) guide. California RBS — Responsible Beverage Service Study Guide (2026) — PDF + EPUB, $9.99 · 14-day refund →
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