He acknowledged that allowing the practice would help his business.
"The pricing is going to be better for the customer if they buy it off premise and take it in," Armbrecht said. "Being on my side of the business where I see what wholesale prices are, what you pay at the restaurant to me is pretty crazy. The mark-up is huge."
Miller added as far as wine is concerned with meals, it should not be about the money.
"Instead of giving me $200 for the $90 bottle of wine, you can end up paying me $110 to enjoy the same nice bottle of wine," Miller said.
He added if a restaurant needed to make a certain amount of money for every bottle that comes in, they could just set the corkage fee to that amount to ensure their business won't be hurt.
Other Charleston eateries also let patrons bring their own wines for a corkage fee. Laury's restaurant, located in the historic C&O railroad depot, has a $25 corkage fee. Bridge Road Bistro in South Hills does the same.
Gig Robinson, spokesman for the West Virginia Alcohol Beverage Control Administration, said his agency has no opinion on BYOB and corkage fee practices in restaurants -- but under current law it is still illegal.
"It is kind of confusing but every state is different," Robinson said. "Whatever change there is (in law) the ABCA is committed to honoring that and changing administrative rules."
There has been no action taken by the West Virginia legislature to change the law so far, Robinson said.
Neighboring Virginia changed its laws in 2011 to allow patrons to bring wines into restaurants. Maryland also allows the practice.
"If it [patrons bringing wine into restaurants] is going on, we're not saying it doesn't happen, but it is not permissible," Robinson said.
West Virginia's law does allow consumers to re-cork wine purchased from a restaurant during a meal and place it a WVABAC approved sealable wine bag to go. The law also allows a licensee to pay a $100 licensee fee and sell two sealed bottles of wine to go for patrons who enjoyed a wine they had with their meal, Robinson said.
Overall, wine drinkers seem to have it pretty good here.
"Wine drinkers in West Virginia have as good of access to the marketplace of wine as any other state in the country," Wark said.Reach Caitlin Cook at caitlin.c...@wvgazette.com or 304-348-5113.