AUBURN - Each time the bartender at PB5 restaurant opens a bottle of wine to pour one glass, the clock starts ticking.

That bottle of uncorked wine perhaps has a few days before it can no longer be served. When it goes bad, the restaurant loses money.

That's why Rory Meyers is excited about a proposed state law that would allow patrons to take home unfinished bottles they purchase.

"That's great for me because I move more inventory that way," Meyers said. "I would rather have customers buy the whole bottle."

The two state legislators proposing the law say their measure would pump up wine sales at the same time it cuts down on drunken driving.

"If they know they can take the opened bottle of wine home, then they probably will, instead of trying to finish it in the restaurant," said Assemblyman Bill Magee who, along with Sen. Stephen Saland introduced the legislation.

If the bill passes, New York would be one of at least a half-dozen states that allow take-out wine. California, Oregon, Maine, Hawaii and Connecticut all have "doggie bag" laws. The unfinished bottles are corked for the customer.

New York is the nation's second biggest wine producer, behind only California.

At PB5, about 20 percent of the wine sales come from people buying a whole bottle. The restaurant offers about 24 selections.

Meyers said one appeal of the proposal is the flexibility it gives his patrons. Many people may want a little more than one glass of wine, but not two full glasses. "The could regulate how much they want," Meyers said.

The only concern Meyers expressed was potential liability. "If a person is leaving with a bottle I sold, am I still serving that person," he said.

Dennis Clear, legislative officer for the California Department of Alcohol Beverage Control, said his state has allowed take-home wine since the 1980s.

He isn't aware of a time when someone used the take-out law as an excuse to drink in a car.

"Basically, patrons were doing it surreptitiously, and we knew that patrons felt like they had to stay and drink it, which resulted in over-consumption and drinking and driving," he asked.

Before the law, California restaurant workers were supposed to pour unfinished bottles down the drain but regulators had concerns that employees were drinking it, reselling it or using it to cook.

In California, laws require the bottles to be corked and kept out of reach in the vehicle.

Phillip Cooke, executive vice president of the Council of Independent Restaurants of America, pointed out that a wine council in France is encouraging diners to take home the bottle rather than finish it at the table.

Bordeaux wine producers in late 2003 started distributing corks and white bags with wine-colored ribbons - afraid the "doggie bag" translation of "sac du chien" would scare off consumers, they call it the "Bordeaux Bag" - to 500 restaurants, hoping to counter a 15 percent reduction in wine sales attributed to a government crackdown on drinking and driving.

"I think it's a great idea, because like the French, we'd like to have people drink responsibly," Cooke said.

Rick Sampson, president of the New York State Restaurant Association, said his organization hasn't taken a position on the legislation.

"I can certainly understand it from a consumer standpoint," Sampson said. "If someone is going to spend $25, $50 or $75 on a bottle of wine, they're certainly going to want to finish it."

New York is home to more than 170 wineries - from Long Island Sound to the Finger Lakes and Lake Erie - that produce 100 million bottles a year and $85 million in local and state revenue, Magee said.

Magee, a Madison County Democrat who chairs the Assembly Agriculture Committee, said the bill also makes it more likely for diners to order more than one variety of wine, helping restaurant owners' bottom lines.

Spokesmen for the state police and the New York Sheriff's Association did not return calls for comment.

Representatives from Mothers Against Drunk Driving said they just learned of the legislation and won't take a position until they determine if it would weaken New York's open container laws and increase drunken driving.

Sampson and Magee predicted some opposition from police and groups that try to reduce drinking and driving, but Magee said his legislation addresses the open container issue by requiring a secure seal.

And Saland said the bill would require people to buy a full meal when buying a bottle of wine, preventing them from buying bottles after wine shops and liquor stores are closed.