No one whined during a merlot-to-go bill hearing Tuesday, and representatives expect to move forward and vote on the bill today.

The bill, House Bill 1346, drafted by Rep. David Weiler, R-Bismarck, and Rep. Bette Grand, R-Fargo, would allow restaurant owners to let patrons who buy a meal take their unfinished bottle of wine home.

"This could cut down on people who are drinking and driving,"said Rep. David Weiler, R-Bismarck, who backed the bill.

The bill, heard in the House Industry, Business and Labor Committee, was recently redrafted to include language regarding the sealing of the wine.

But Rep. Edmund Guchalla, D-Fargo, who also is in law enforcement, emphasized that whether or not a bottle is sealed, it still must comply with open-container laws.

In fact, the bill does nothing to address open container laws:Patrons who order a meal in a restaurant would be able to order a bottle of wine and potentially leave with the bottle, sealed, even if the restaurant does not have an off-sale license.

Once outside, the patron must comply with all open container laws, putting the bottle in the trunk of a car or completely out of reach in an SUV.

"It is responsible drinking, that you drink a glass or two …"and take the rest home with you, said NickiWeissman, director of the North Dakota Hospitality Association.

Scott Schafer, co-owner of the Bistro, Mary Barbere, owner of the Peacock, and Kim Levine, owner of East 40 Chophouse and Tavern, all in Bismarck, also spoke in support of the bill.

"This will give me a chance to offer my guests a more enjoyable dining experience," Schafer said.

Thirty-four other states have legislation pending or have passed cork and carry laws, said Weiler.

Some states call them cork-and-carry laws. Other states allow wine doggy bags, where wine is sealed in a bag provided by the restaurant.

The bill mostly likely will be voted ontoday, said Rep. George Keiser, R- Bismarck, chairman of the committee.

(Reach reporter Crystal R. Reid at 250-8261 or at crystal.reid@;bismarcktribune.com.)