Corkage fees are legal in most of the United States. There is no federal law on the subject, so whether a restaurant can charge you to bring your own wine, and whether you can bring a bottle at all, comes down to state and local alcohol rules. Most restaurants that permit outside bottles charge between $10 and $50, with upscale spots sometimes charging $100 or more.
Why the Rules Change From Place to Place
Alcohol regulation in the United States is overwhelmingly a state and local matter. Some states spell out BYOB rules in their liquor codes. Others leave the decision to local licensing authorities or individual municipalities. That is why a policy that is routine in one city can be prohibited a county away.
The relationship between liquor licenses and BYOB policies is less straightforward than most people assume. In some states, only restaurants with a valid liquor license can let you bring in outside alcohol and charge corkage. In others, the opposite is true: unlicensed restaurants are the ones most likely to welcome BYOB because they have no wine list to protect. Pennsylvania, for example, allows patrons to bring their own alcohol into any establishment regardless of whether it holds a liquor license, and the establishment can choose whether to charge a corkage fee. At least one state, by contrast, prohibits corkage or service charges at unlicensed BYOB establishments entirely, meaning the restaurant can let you bring a bottle but cannot charge you for the privilege.
There is no single national rule. Before you tuck a bottle under your arm, confirm the restaurant’s policy and the local rules.
Dry Counties and Local Bans
The biggest restriction for diners is not a state ban on BYOB. It is local “dry” jurisdiction rules. Hundreds of counties across the country prohibit or heavily restrict the sale and consumption of alcohol, and those restrictions apply to a bottle you carry in just as much as one the restaurant pours. Some counties allow no alcohol at all. “Moist” counties may permit alcohol in restaurants but not in retail stores, creating patchwork rules that catch travelers off guard. The number of fully dry counties has been shrinking, but they still exist in meaningful numbers across several southern and midwestern states.
Even in wet areas, individual towns within a county can opt to stay dry, and some dry counties grant exemptions to specific businesses. A restaurant one exit down the highway may operate under completely different alcohol rules than the one you just left. When you are dining somewhere unfamiliar, calling ahead is the only reliable way to know whether your bottle is welcome.
What Restaurants Typically Charge
Most corkage fees fall between $10 and $50 per bottle. Fine-dining restaurants with extensive wine programs tend to charge at the higher end, and a handful of well-known spots charge $75 to $100 or more. The fee usually applies per bottle, though some restaurants charge per person or use a tiered structure based on the wine’s estimated value.
No state places a legal cap on the amount. The restaurant sets the fee, and the number reflects the pricing tier, the wine program, and the service provided for outside bottles. A restaurant that decants your wine, provides proper stemware, and maintains ideal storage temperatures has more justification for a higher fee than a casual spot that hands you a corkscrew.
Many restaurants waive the corkage fee if you also purchase at least one bottle from their wine list. Asking about waiver policies when you call ahead is one of the easier ways to save money.
How to Handle Corkage as a Diner
Call the restaurant before your reservation. Ask whether they allow outside bottles, what the fee is, and whether any restrictions apply. Some restaurants limit the number of bottles per table or prohibit specific types of alcohol. Getting the details in advance avoids an awkward conversation at the host stand.
Bring something that is not on the restaurant’s wine list. Most restaurants that allow corkage explicitly prohibit bottles they already sell, because the point of the fee is to let you enjoy something they do not offer, not to undercut their own menu. If you bring a wine they carry, expect them to decline it or charge a premium. A bottle with personal significance, or one from a small producer the restaurant would not stock, is the standard approach.
On tipping, the common practice is to tip as though you purchased the wine from the restaurant. Your server did most of the same work they would do for a bottle off the list: opening, pouring, checking on your glass through the meal. The corkage fee goes to the house; the tip goes to the person taking care of you.
Present the bottle to your server rather than opening it yourself at the table. Letting the staff handle service keeps things smooth and, in some jurisdictions, is required by the establishment’s liquor license conditions.
Taking Home an Unfinished Bottle
If you bring an expensive bottle and do not finish it, nearly every state now lets you leave with the remainder. Roughly 48 states and the District of Columbia have some form of law permitting diners to take home a partially consumed bottle of wine. The specifics vary, but the requirements follow a common pattern:
- A restaurant employee, not you, must reseal the bottle so it is visibly apparent if someone opens it again.
- Many states require the resealed bottle to go into a sealed bag or container that shows obvious signs if reopened.
- You will often need a dated receipt for the wine and your meal attached to the container.
- Several states require you to place the container in a locked trunk, a locked glove compartment, or behind the last upright seat in a vehicle without a trunk, which keeps you in compliance with open container laws during the drive home.
The meal purchase requirement catches some people off guard. In most states, you can only take a bottle home if you actually ordered food and drank part of the wine with your meal on the premises. You cannot simply open a bottle, take a sip, and walk out with the rest. Ask your server to reseal the bottle before you leave rather than doing it yourself, since the law in most places requires a restaurant employee to handle the resealing.