Retailers Unknowingly Violate Law by Marrying Bottles
While watering down bottles of alcohol to stretch profits is clearly illegal, many long time licensees and untrained staff members at bars and restaurants fail to realize that it is illegal in the United States to “marry” bottles of alcohol. See 27 CFR 31.201. This practice is also illegal under Maryland law. See Alcoholic Beverages Article § 6-313. Delaware also prohibits refilling of bottles. See 4 Del. C. § 711. Evidence of refilling or marrying bottles can be easily spotted by a trained liquor inspector or agent of the Maryland Comptroller’s Office. As reported in a recent Cecil County case involving the Hilltop Inn, the Comptroller spotted sticky prints and overfilling. See 4/29/18 Cecil Whig Article. Typically, the Comptroller’s agent will forward a report to the local liquor board which may then set a hearing for the alleged infraction. Local liquor boards can suspend or revoke a license or fine a licensee for a violation of a State or federal law.
Disgruntled customers frequently make complaints, but when they allege a retailer is watering down their favorite drink, interactions with licensing authorities are sure to follow. One way to determine whether you have been the subject of a disgruntled customer’s complaint is to engage in conversation with the inspector and accompany them on their inspection of your premises. During an inspection, an agent or inspector may mark bottles to indicate fill levels and return days or weeks later to observe whether the marked bottles are filled above those marks.
In some instances, the Comptroller’s Agent may seize bottles for laboratory analysis. Restaurants and bars can expect large fines for refilling bottles, even where no watering down is alleged. In Washington County, Maryland, the liquor board fined an establishment $2,500 for refilling smaller bottles from larger bottles of the same type of alcohol. See 3/30/16 Herald Mail Media Article. In cases where a retailer is deliberately watering down liquor bottles, harsher penalties can be expected.