311.101. Unfinished bottles of wine may be carried out of a restaurant bar, when--transportation permitted--wineries, unfinished bottles of wine may be removed, when--transportation permitted--definit
Unfinished bottles of wine may be carried out of a restaurantbar, when--transportation permitted--wineries, unfinishedbottles of wine may be removed, when--transportationpermitted--definition of winery.
311.101. 1. Notwithstanding any other provision of law, it shall not beunlawful for the owner, operator, or employees of a restaurant bar, as definedin section 311.097, to allow patrons to carry out one or more bottles ofunfinished wine, nor shall it be unlawful for patrons of such restaurant barto carry out one or more bottles of unfinished wine under the followingconditions:
(1) The patron must have ordered a meal;
(2) The bottle or bottles of wine must have been at least partiallyconsumed during the meal;
(3) The restaurant bar must provide a dated receipt for the unfinishedbottle or bottles of wine; and
(4) The restaurant bar must securely reseal the bottle or bottles ofwine and place them in one or more one-time-use, tamperproof, transparent bagsand securely seal the bags.
2. Notwithstanding any other provision of law, no person who transportsone or more bottles of unfinished wine which came from a restaurant bar underthe circumstances described in subsection 1 of this section, in a vehicle,shall be considered to have violated any state law or local ordinanceregarding open containers in vehicles so long as such person has in his or herpossession the dated receipt from the restaurant bar and the bottle or bottlesof wine remain in the restaurant bar-furnished, one-time-use, tamperproof,transparent bags with the seals intact.
3. Notwithstanding any other provision of law, it shall be lawful forthe owner, operator, or employees of a winery to allow patrons to carry outone or more bottles of unfinished wine and it shall be lawful for patrons ofsuch winery to carry out one or more bottles of unfinished wine under thefollowing conditions:
(1) The bottle or bottles of wine must have been at least partiallyconsumed at the winery;
(2) The winery must provide a dated receipt for the unfinished bottle orbottles of wine; and
(3) The winery must securely reseal the bottle or bottles of wine andplace them in one or more one-time-use, tamperproof, transparent bags andsecurely seal the bags.
4. Notwithstanding any other provision of law, no person who transportsone or more bottles of unfinished wine which came from a winery under thecircumstances described under subsection 3 of this section shall be consideredto have violated any state law or local ordinance regarding open containers invehicles so long as such person has in his or her possession the dated receiptfrom the winery and the bottle or bottles of wine remain in thewinery-furnished, one-time-use, tamperproof, transparent bags with the sealsintact.
5. As used in this section "winery" means any establishment at whichwine is made.
(L. 2005 S.B. 262)