Code of Virginia
Chapter 3 - Prohibited Practices; Penalties; Procedural Matters
§ 4.1-308. Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions

A. If any person takes a drink of alcoholic beverages or offers a drink thereof to another, whether accepted or not, at or in any public place, he is guilty of a Class 4 misdemeanor.
B. This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any rooms or areas approved by the Board in a licensed establishment, provided such establishment or the person who operates the same is licensed to sell alcoholic beverages at retail for on-premises consumption and the alcoholic beverages drunk or offered were purchased therein.
C. This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any room or area approved by the Board at an event for which a banquet license, mixed beverage special events license, or designated outdoor refreshment area license has been granted. Nor shall this section prevent, upon authorization of the licensee, any person from drinking his own lawfully acquired alcoholic beverages or offering a drink thereof to another in approved areas and locations at events for which a coliseum or stadium license has been granted.
D. This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another on a chartered boat being used for the transportation of passengers for compensation which is not licensed by the Board and which does not sell alcoholic beverages.
E. This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any areas approved by the Board in a licensed commercial lifestyle center.
Code 1950, § 4-78; 1956, c. 23; 1972, c. 143; 1977, c. 439; 1979, c. 622; 1986, c. 113; 1988, c. 893; 1989, c. 42; 1990, c. 932; 1993, c. 866; 2017, cc. 157, 492; 2019, c. 622; 2021, Sp. Sess. I, cc. 390, 391.

Structure Code of Virginia

Code of Virginia

Title 4.1 - Alcoholic Beverage and Cannabis Control

Chapter 3 - Prohibited Practices; Penalties; Procedural Matters

§ 4.1-300. Illegal manufacture and bottling; penalty

§ 4.1-301. Conspiracy to violate § 4.1-300; penalty

§ 4.1-302. Illegal sale of alcoholic beverages in general; penalty

§ 4.1-302.1. Use of alcohol vaporizing devices prohibited; penalty

§ 4.1-302.2. Sale, purchase, use of powdered or crystalline alcohol prohibited; penalty

§ 4.1-303. Purchase of alcoholic beverages from person not authorized to sell; penalty

§ 4.1-304. Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty

§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services

§ 4.1-306. Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture

§ 4.1-307. Persons by whom alcoholic beverages may not be sold or served for on-premises consumption; penalty

§ 4.1-308. Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions

§ 4.1-309. Drinking or possessing alcoholic beverages in or on public school grounds; penalty

§ 4.1-309.1. Possessing or consuming alcoholic beverage while operating a school bus; penalty

§ 4.1-310. Repealed

§ 4.1-310.1. Delivery of wine or beer to retail licensee

§ 4.1-311. Limitations on transporting lawfully purchased alcoholic beverages; penalty

§ 4.1-312. Limitation on carrying alcoholic beverages in motor vehicle transporting passengers for hire; penalty

§ 4.1-313. Possessing, transporting, etc., alcoholic beverages illegally acquired; penalty

§ 4.1-314. Keeping, possessing, or storing still or distilling apparatus without a permit; penalty

§ 4.1-315. Possession without license to sell alcoholic beverages upon premises of restaurant; exceptions; penalty

§ 4.1-316. Keeping or drinking alcoholic beverages upon premises of club; penalty

§ 4.1-317. Maintaining common nuisances; penalties

§ 4.1-318. Violations by armed person; penalty

§ 4.1-319. Disobeying subpoena; hindering conduct of hearing; penalty

§ 4.1-320. Illegal advertising; penalty; exception

§ 4.1-321. Delivery of alcoholic beverages to prisoners in jail prohibited; penalty

§ 4.1-322. Possession or consumption of alcoholic beverages by interdicted persons; penalty

§ 4.1-323. Attempts; aiding or abetting; penalty

§ 4.1-324. Illegal sale or keeping of alcoholic beverages by licensees; penalty

§ 4.1-325. Prohibited acts by mixed beverage licensees; penalty

§ 4.1-325.01. Combined licenses for same premises

§ 4.1-325.1. Falsifying application; penalty

§ 4.1-325.2. Prohibited acts by employees of wine or beer licensees; penalty

§ 4.1-326. Sale of; purchase for resale; wine or beer from a person without a license; penalty

§ 4.1-327. Prohibiting transfer of wine or beer by licensees; penalty

§ 4.1-328. Prohibited trade practices; penalty

§ 4.1-329. Illegal advertising materials; penalty

§ 4.1-330. Solicitation by persons interested in manufacture, etc., of alcoholic beverages; penalty

§ 4.1-331. Failure to pay tax or to deliver, keep and preserve records and accounts, or to allow examination and inspection; penalty

§ 4.1-332. Nonpayment of excise tax on beer, wine coolers, and wine; additional penalties

§ 4.1-333. Interdiction of intoxicated driver

§ 4.1-334. Interdiction for illegal manufacture, possession, transportation or sale of alcoholic beverages

§ 4.1-335. Enjoining nuisances

§ 4.1-336. Contraband beverages and other articles subject to forfeiture

§ 4.1-337. Search warrants

§ 4.1-338. Confiscation proceedings; disposition of forfeited articles

§ 4.1-339. Search and seizure of conveyances or vehicles used in violation of law; arrests

§ 4.1-340. Repealed

§ 4.1-346. Contraband beverages

§ 4.1-347. Repealed

§ 4.1-348. Beverages not licensed under this subtitle

§ 4.1-349. Punishment for violations of title or regulations; bond

§ 4.1-350. Witness not excused from testifying because of self-incrimination

§ 4.1-351. Previous convictions

§ 4.1-352. Certificate of forensic scientist as evidence; requiring forensic scientist to appear

§ 4.1-353. Label on sealed container prima facie evidence of alcoholic content

§ 4.1-354. No recovery for alcoholic beverages illegally sold