New Jersey Frequently Asked Questions

May a patron take from a restaurant an unfinished portion of wine in an alcoholic beverage version of a "doggy bag?"

Yes. It is the policy of the State to encourage moderation in the consumption of alcoholic beverages. To permit a diner to take home an unfinished portion of the bottle of wine, rather than consume it all to prevent “waste” of his purchase, furthers that policy. Thus all unfinished bottles of wine may be re-corked and the patron can take them with him/her.

Removal of other open containers of alcoholic beverages from the licensed premises, such as a glass of wine, a mixed drink, an opened bottle or can of beer, is still prohibited. Licensees should caution patrons using wine “doggy bags” that the wine should be placed in the trunk of the patron’s car while in transit because Motor Vehicle Law prohibits the consumption of alcoholic beverage in a car and the presence of a container with its original seal broken in a motor vehicle (buses, taxi cabs and limousines are excluded) can give rise to a presumption that the unfinished bottle was consumed in the car.