An associate of mine living in Illinois attempted to return an opened bottle of wine to a Costco store in Illinois and was refused a refund by a clerk who insisted such a refund “is against the law.” She is unhappy.
The Costco return policy states "If you are not completely satisfied with your Costco purchase, simply return the product to any Costco warehouse. " An exception is detailed for electronics.
The Costco Member privileges states, “Costco does not accept returns on cigarettes or alcohol where prohibited by law.”
So it seems to me the answer to my friend’s question is a matter of fact: It is either legal or not legal in the State of Illinois for a store to offer a customer a requested refund on an unwanted open bottle of wine.
I am not asking if the customer has to actually return the bottle, but assume she would do so if asked, either mostly full or completely empty at the store’s request, and assuming compliance (not the store’s issue) with transporting a seal-broken bottle legally (i.e, in a locked container in a locked trunk inaccessible to passengers and driver).
I am not asking if it’s a good idea for stores to refund liquor sales. I am not asking if Costco should demand proof it was purchased there (easy to provide).
I just want to know if (in Illinois at least, since that’s where she tried it) it is literally illegal for Costco to give her her money back on a bottle of wine she tasted and did not like. And if it is illegal, could Costco (hoping to keep a customer relationship intact) offer her an unspecified store credit of $45 but tell her they cannot refund her wine?
For reference, 235 ILCS 5/, which was no more helpful than Google for this simpleton researching a simple question for a not very close friend.
And as a bonus, does any such law vary for other states–in particular my state of California?
Looks like there is no issue if a store chooses to forbid returns, but they aren’t legally obligated to refuse them. It talks more about abviously bad alcohol rather than one you simply don’t like though. Buyer’s remorse isn’t covered.
ETA: and Costco/Sam’s Club have their own rules that you agree to as a condition of membership. For example, in many places you can legally ignore the Walmart employee if they ask to see your receipt. But in warehouse stores you are obligated to do so. So check the Costco membership info.
According to this Illinois attorney, it is a matter of store policy and not state law for unopened bottles. It isn’t technically illegal for businesses in Illinois to issue refunds for unopened liquor but it is a very common practice to refuse to do so partially because of a misunderstanding and being overcautious about applicable state laws.
I don’t know about opened bottles. There may be a specific law that prohibits refunds for those in Illinois. I have never seen any retailer in any state (besides restaurants) that offered refunds for opened bottles and they usually have that policy displayed in the store somewhere.
Just out of curiosity, what did she think was wrong with the wine and how much did it cost? A $100 bottle of Merlot that was found to be complete vinegar upon opening is a very different situation from a $9 table wine that she didn’t like quite as much as she thought she would.
She just didn’t like it. But it’s not clear to me why you think that’s a different situation. In general, Costco specifically states (see my OP) that if you are not completely satisfied, simply return the product (electronics have time-limit exceptions). In the membership privileges (also in my OP) Costco states alcohol returns are not accepted where it is illegal to accept alcohol returns.
Costco written public-facing policy on returns is therefore very clear: You may return any non-electronic item with which you are not completely satisfied unless it is illegal to do so.
I don’t think she’s interested in opinions on whether or not Costco return policies make sense. She’s interested in whether or not the clerk was correct in telling her that, in Illinois, it is illegal to return an open bottle of wine that a customer did not like.
I thought I’d get her an answer in minutes using my own research. I have failed. It seems to me as if it would be a common question, for a common situation, with a very clear answer.
IANAL but the link I provided above states that many retailers mistakenly believe that a refund on alcohol is a type of sale even though it really isn’t. It would be illegal for them to take the alcohol back and give her money for it if it was a sale because that would make her an unlicensed liquor distributor. However, that is not the case because the lawyer says that refunds are not considered sale legally. That is why it is technically legal in Illinois to return unopened bottles.
The same logic should apply to opened bottles as well in my arm-chair lawyer mind but most retailers don’t want to hear such arguments so what is she really going to do? As a practical matter, the retailer can’t resell even the unopened bottles and the opened bottles are even more useless. They can come up with a policy to dispose of them while controlling their chain of custody or they can just refuse it to everyone and lie about some non-existent law that is still somewhat plausible. Which one do you think is a better business decision?
The cashier and store manager probably really believe there is such a law because it is a very widespread belief in general. She would literally have to sue them to prove otherwise to all businesses and the public. A given store manager may just take the loss if she is polite and also a good customer but I wouldn’t count on it.
It could also be because of something like this
Short version is, the State Liquor Authority used to interpret the law to mean a return or exchange was a sale- and illegal because the customer was not licensed to sell alcohol. The SLA has changed it’s interpretation and no longer considers it a sale - but that doesn’t mean the word got out instantly. According to the comments on that article, the SLA had a FAQ on it’s website stating that stores couldn’t accept returns when hte article was published.
That’s odd- Shagnasty’s link is almost word-for-word the article I linked to about NY. Is there a State Liquor Authority in Illinois or does the regulating agency have some other name?
I am aware of the issue and confusion over return of unopened containers of alcohol, including comments regarding use of the word “sale.” I am not asking that, having already been able to resolve questions around that to my satisfaction.
I am asking if, in Illinois, it is illegal for a store to offer a refund for opened alcohol if the customer is dissatisfied with the product.
The idea that a return for refund is a “sale” back to the store is farcical on its face, and that’s why that interpretation has failed. If an unwanted, open bottle of juice is returned, the customer is not a distributor of that juice subject to laws regarding juice distributors.
A retailer such as Costco, who has an aggressive return/refund policy (in the customer’s favor) could create a policy that says “We don’t want to handle opened containers of alcohol, so if you are dissatisfied, bring back the receipt only and we will refund your money.” Whether that’s a good decision on their part is up to them, but it’s not what I’m asking. Although it’s not an issue I’m interested in pursuing, I doubt Costco is deliberately using a technicality in the law to avoid standing behind their generous return policy. I believe Costco extends a generous refund policy as a mechanism to encourage customer loyalty; I once personally saw a man return a 2 year old cappuccino machine at Costco for a full refund because he just didn’t like it.
But what I’m asking if it is actually illegal in Illinois for a customer to be refunded money for an opened container of alcohol they purchased.
That’s the factual answer I seek, and I’m wondering if someone who sees the question here knows the answer.
And the answer to that is going to depend not only on written statutes but also the regulatory agency’s interpretation of those statutes until that interpretation is changed, either by the agency itself or by a court order. When the NY SLA was using the strict interpretation, it was illegal to accept unopened bottles of alcohol for refund. And possibly also opened bottles, as it’s not terribly easy to find out how agencies interpret statutes. The fact that an article about returning unopened bottles doesn’t mention opened bottles doesn’t mean they’re treated differently. My suggestion would be to call the agency that regulates alcohol in Illinois and ask- they should know their own statutes and interpretations.
You might have better luck searching by the city or county where she lives. There’s broad state law, but every county and city can have its own ordinance. If there really is a law that store was abiding by, it could pertain to just that particular location.
I know in Michigan that CostCo will not accept the return of unopened alcohol. I believe it has to do with state law and not CostCo policy. Stood behind someone in the return line who was trying to return the beer that wasn’t consumed from a graduation party and got the story. Also, in Michigan CostCo must allow non-members to shop and pay for alcohol, it’s on a sign as you enter the store… Most likely just a Michigan thing but states can set up laws that differs from CostCo policy.
Illinois CostCos are the same as far as alcohol sales go in regards to non-members. Don’t know about returning open bottles, but I’ve returned unopened in Illinois (ETA: not atCostCo, though. Binny’s–a large beverage dealer here–explicitly told us we could return any unused alcohol after they delivered the booze for our wedding.) Unfortunately, it doesn’t really help the OP.
According to the State of Illinois Liquor Control Commission, it’s illegal for a retail licensee to possess liquor bottles that are not sealed and labeled. It appears that having an opened bottle(s) of alcoholic liquor on premise could cost a RETAIL licensee there license to sell alcohol in Illannoy.
TITLE 11: ALCOHOL, HORSE RACING, AND LOTTERY
SUBTITLE A: ALCOHOL
CHAPTER I: ILLINOIS LIQUOR CONTROL COMMISSION
PART 100 THE ILLINOIS LIQUOR CONTROL COMMISSION
SECTION 100.290 REFILLING
Section 100.290 Refilling
No retail licensee shall offer for sale, or possess on the licensed premises:
a) Any original package of alcoholic liquor which contains any kind or quality of alcoholic liquor other than that which has been sealed and labeled by the manufacturer or nonresident dealer.
b) Any original package of alcoholic liquor to which there has been added any water or other substance.
(Source: Amended at 23 Ill. Reg. 3787, effective March 15, 1999)
Also that liquor store may not be Costco. In NY the liquor store that is attached to Costco is a separate entity and does not require membership and I would assume that they are not subject to Costco’s return policy either.
I believe this is referring to the fact that you cannot sell or possess adulterated alcohol. A container you are selling or possessing must contain the alcohol as manufactured when the container was sealed by the maker. You cannot water your product down or adulterate expensive booze w cheaper booze.
It covers both. Part A addresses unsealed containers and part B covered altered product.
In Illinois, if a retail liquor store accepts the return of an opened bottle of alcohol, the store would then be in possession of a alcoholic liquor bottle that is not sealed. That’s clearly a violation of Sec 100.290.
Section 100.290 Refilling
No retail licensee shall offer for sale, or possess on the licensed premises:
a) Any original package of alcoholic liquor which contains any kind or quality of alcoholic liquor other than that which has been sealed and labeled by the manufacturer or nonresident dealer.
Just if there’s any state specific info. I couldn’t find any, but the store might have some available at customer service.
Some WAG, but: this link says neither state has an ABC monopoly. However, NY forbids wine and liquor purchases at grocery stores (not beer), which Costco may fall under. Do they sell regular beer in the main store? It says that beer isn’t allowed in the liquor store, that might explain some, although not the absolute evidence that they operate separately as liquor and grocery stores. And Illinois does not have these restrictions so it may be part of the main store.
I assume by liquor store, it means a separate room or building with its own door, even if attached to the main building?
Interestingly, that page explicitly states NYS allows returns.