Resealing of Partially Consumed Bottles of Wine

(1) No holder of a hotel, restaurant, tavern, club, or war veterans' organization license issued pursuant to the provisions of M.G.L. c. 138, § 12 shall permit a patron to retain and take off the licensed premises so much of a bottle of wine purchased by that patron with a meal and not totally consumed by that patron during the meal, except when the bottle of wine is resealed in compliance with 204 CMR 2.18. (2) Only one partially consumed bottle of wine per patron may be resealed and removed from the hotel, restaurant, tavern, club, or war veterans' organization's licensed premises pursuant to 204 CMR 2.18. (3) A receipt that prominently displays the date of the purchase of the meal must be furnished to the patron. The receipt must show both the purchase of the meal and the purchase of the bottle of wine. (4) Before permitting the carry out of a bottle of wine pursuant to 204 CMR 2.18, the hotel, restaurant, tavern, club, or war veterans' organization licensee or its employees must: (a) securely reseal the bottle of wine; (b) place the resealed bottle in a one-time-use tamper-proof transparent bag that insures that the patron cannot gain access to the bottle while in transit after the bag is sealed; (c) securely seal the bag; and (d) affix the receipt to the sealed bag. (5) For the purpose of 204 CMR 2.18, the word “meal” shall mean the purchase by one person of a diversified selection of food which ordinarily is classified as an "entree" or "main course" which ordinarily cannot be consumed without the use of tableware and which cannot be conveniently consumed while standing or walking or the purchase by two or more persons of a diversified selection of food which is priced at more than $20.00 and ordinarily cannot be consumed without the use of tableware and which cannot be conveniently consumed while standing or walking. (6) The provisions of 204 CMR 2.18 are severable and if any provision or the application thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of 204 CMR 2.18.