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Woodstock to require BYOB permits
The City of Woodstock will now require permits for restaurants who want to offer customers opportunity to bring in their own bottles of alcohol, typically referred to as BYOB.
In checking with legal council, the administration received an opinion that a non-home rule community like Woodstock could not prohibit an establishment from allowing BYOB. However, in recent discussions with representatives from the Illinois Liquor Commission, Sager clarified that BYOB is not a Liquor Control Act issue and that the commission has no authority over its regulation.
“Instead, Illinois municipalities have the explicit authority to license and regulate any establishment that allows the consumption of alcohol on its premises,” a staff report stated. “Absent formal municipal regulation, however, it is doubtful the city would have the authority to prohibit any establishment from allowing customers to bring alcohol in for their personal consumption on premise.”
Sager researched similar-sized municipalities that regulate BYOB and developed an ordinance reflecting the creation of a permitting system.
The city will offer two types of permits. A $400 permit allows the holder to provide glasses and other amenities for beer or wine, to open or pour the wine or beer and to provide storage as long as applicable laws are followed. The holder may also charge a corkage fee. If the wine is not finished, it may be removed from the restaurant after staff seals the container in a tamper-proof bag as provided by law. A $200 permit allows the permit holder to provide glasses and other amenities only.
“As is the case with liquor licenses, applicants for a BYOB permit would appear before the liquor commissioner [Sager] for his review and approval,” the staff report stated. “Upon his recommendation, the applicant would then appear before the City Council to request creation of the BYOB permit.”
The permits allow customers to bring beer or wine into licensed premises to complement food. The permits can only be issued to restaurants. Applicants must provide a certificate of insurance reflecting liquor liability and general liability insurance, naming the city as certificate holder and additional insured. Applicants must agree in writing to save and hold harmless the city from any and all claims arising out of consumption of liquor on the premises. Permit holders must agree to and abide by the Woodstock Liquor Code.
