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Kane County plans to close BYOB loophole

Right now, it's possible to walk into a Kane County pizza parlor with a case of beer and drain the bottles dry if the owner will let you. There are no laws on the county's books regulating bring-your-own-booze practices at establishments. That will likely change within the next month or so as the county Liquor Control Commission unanimously approved a version of what will likely become a new county law.

The commission first took a look at the county's BYOB practices after learning neighboring DuPage County would address the issue following high-profile car crashes involving alcohol and patrons of an adult club that allowed customers to carry in alcohol. Officials learned that the same problems could arise in Kane County as businesses currently don't even need a liquor license to allow patrons to bring in their own alcohol.

The new law would change that if approved by the Kane County Board next month. Only restaurants earning at least 50 percent of their profits from food sales will be allowed BYOB practices at their businesses under the proposed law. Wine would be the only form of alcoholic liquor a patron could bring inside. Only one standard 750 milliliter bottle of wine would be allowed per customer. All BYOB customers must be seated at a table or booth and be consuming a meal while they drink the wine they brought in. The county is fine-tuning exactly what a "meal" is before the law gets a vote, but the commission already said it must be more substantial than a small pizza popped into a toaster oven.

The wine must be opened by trained restaurant personnel, only between noon and 11 p.m., and re-corked in a tamper-proof bag if not completely consumed by the time the customer wants to leave. That provision will allow restaurants to create their own "corking fees" at their own discretion. The county plans to create a special $250 license that must be renewed every year for businesses that want to allow BYOB. Any establishment caught allowing BYOB without the liquor license faces revocation of their restaurant license or other county permits.

It's unclear exactly how many, if any, businesses in Kane County currently have an unregulated BYOB practice in place. County officials expect the number of establishments that apply for the new license will be a good measuring stick of how common it's been up to now.