{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-304.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-304.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-304.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-304.html"}],"law_id":84231,"edition_id":1,"section_id":84231,"structure_id":14560,"section_number":"4.1-304","catch_line":"Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty","history":"Code 1950, \u00a7 4-62; 1970, c. 686; 1974, c. 460; 1979, c. 537; 1981, c. 24; 1982, c. 66; 1983, c. 608; 1985, c. 559; 1990, c. 771; 1993, c. 866; 2013, c. 562.","full_text":"A\n\nNo person shall, except pursuant to subdivisions 1 through 5 of &#xA7; 4.1-200, sell any alcoholic beverages to any individual when at the time of such sale he knows or has reason to believe that the individual to whom the sale is made is (i) less than 21 years of age, (ii) interdicted, or (iii) intoxicated. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.B\n\nAny person who sells, except pursuant to subdivisions 1 through 5 of &#xA7; 4.1-200, any alcoholic beverage to an individual who is less than 21 years of age and at the time of the sale does not require the individual to present bona fide evidence of legal age indicating that the individual is 21 years of age or older is guilty of a violation of this subsection. Bona fide evidence of legal age is limited to any evidence that is or reasonably appears to be an unexpired driver&#8217;s license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual&#8217;s photograph, signature, height, weight, and date of birth, or which bears a photograph that reasonably appears to match the appearance of the purchaser. A student identification card shall not constitute bona fide evidence of legal age for purposes of this subsection. Any person convicted of a violation of this subsection is guilty of a Class 3 misdemeanor. Notwithstanding the provisions of &#xA7; 4.1-202, the Board shall not take administrative action against a licensee for the conduct of his employee who violates this subsection.C\n\nNo person shall be convicted of both subsections A and B for the same sale.","order_by":null,"text":{"0":{"id":301958,"text":"No person shall, except pursuant to subdivisions 1 through 5 of &#xA7; 4.1-200, sell any alcoholic beverages to any individual when at the time of such sale he knows or has reason to believe that the individual to whom the sale is made is (i) less than 21 years of age, (ii) interdicted, or (iii) intoxicated. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301959,"text":"Any person who sells, except pursuant to subdivisions 1 through 5 of &#xA7; 4.1-200, any alcoholic beverage to an individual who is less than 21 years of age and at the time of the sale does not require the individual to present bona fide evidence of legal age indicating that the individual is 21 years of age or older is guilty of a violation of this subsection. Bona fide evidence of legal age is limited to any evidence that is or reasonably appears to be an unexpired driver&#8217;s license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual&#8217;s photograph, signature, height, weight, and date of birth, or which bears a photograph that reasonably appears to match the appearance of the purchaser. A student identification card shall not constitute bona fide evidence of legal age for purposes of this subsection. Any person convicted of a violation of this subsection is guilty of a Class 3 misdemeanor. Notwithstanding the provisions of &#xA7; 4.1-202, the Board shall not take administrative action against a licensee for the conduct of his employee who violates this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301960,"text":"No person shall be convicted of both subsections A and B for the same sale.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14560,"edition_id":1,"name":"Prohibited Practices Generally","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14559,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":219025,"object_type":"structure","relational_id":14560,"identifier":"1","token":"4.1\/I\/3\/1","url":"\/4.1\/I\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14559,"edition_id":1,"name":"Prohibited Practices; Penalties; Procedural Matters","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":219023,"object_type":"structure","relational_id":14559,"identifier":"3","token":"4.1\/I\/3","url":"\/4.1\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13130,"edition_id":1,"name":"Alcoholic Beverage Control Act","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218571,"object_type":"structure","relational_id":13130,"identifier":"I","token":"4.1\/I","url":"\/4.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61827,"structure_id":14560,"section_number":"4.1-300","catch_line":"Illegal manufacture and bottling; penalty","url":"\/4.1-300\/","token":"4.1\/I\/3\/1\/4.1-300","metadata":false},{"id":65213,"structure_id":14560,"section_number":"4.1-301","catch_line":"Conspiracy to violate \u00a7 4.1-300; penalty","url":"\/4.1-301\/","token":"4.1\/I\/3\/1\/4.1-301","metadata":false},{"id":58548,"structure_id":14560,"section_number":"4.1-302","catch_line":"Illegal sale of alcoholic beverages in general; penalty","url":"\/4.1-302\/","token":"4.1\/I\/3\/1\/4.1-302","metadata":false},{"id":80298,"structure_id":14560,"section_number":"4.1-302.1","catch_line":"Use of alcohol vaporizing devices prohibited; penalty","url":"\/4.1-302.1\/","token":"4.1\/I\/3\/1\/4.1-302.1","metadata":false},{"id":75614,"structure_id":14560,"section_number":"4.1-302.2","catch_line":"Sale, purchase, use of powdered or crystalline alcohol prohibited; penalty","url":"\/4.1-302.2\/","token":"4.1\/I\/3\/1\/4.1-302.2","metadata":false},{"id":81992,"structure_id":14560,"section_number":"4.1-303","catch_line":"Purchase of alcoholic beverages from person not authorized to sell; penalty","url":"\/4.1-303\/","token":"4.1\/I\/3\/1\/4.1-303","metadata":false},{"id":84231,"structure_id":14560,"section_number":"4.1-304","catch_line":"Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty","url":"\/4.1-304\/","token":"4.1\/I\/3\/1\/4.1-304","metadata":false},{"id":85034,"structure_id":14560,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","url":"\/4.1-305\/","token":"4.1\/I\/3\/1\/4.1-305","metadata":false},{"id":60183,"structure_id":14560,"section_number":"4.1-306","catch_line":"Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture","url":"\/4.1-306\/","token":"4.1\/I\/3\/1\/4.1-306","metadata":false},{"id":73743,"structure_id":14560,"section_number":"4.1-307","catch_line":"Persons by whom alcoholic beverages may not be sold or served for on-premises consumption; penalty","url":"\/4.1-307\/","token":"4.1\/I\/3\/1\/4.1-307","metadata":false},{"id":80597,"structure_id":14560,"section_number":"4.1-308","catch_line":"Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions","url":"\/4.1-308\/","token":"4.1\/I\/3\/1\/4.1-308","metadata":false},{"id":76473,"structure_id":14560,"section_number":"4.1-309","catch_line":"Drinking or possessing alcoholic beverages in or on public school grounds; penalty","url":"\/4.1-309\/","token":"4.1\/I\/3\/1\/4.1-309","metadata":false},{"id":76195,"structure_id":14560,"section_number":"4.1-309.1","catch_line":"Possessing or consuming alcoholic beverage while operating a school bus; penalty","url":"\/4.1-309.1\/","token":"4.1\/I\/3\/1\/4.1-309.1","metadata":false},{"id":75726,"structure_id":14560,"section_number":"4.1-310","catch_line":"Repealed","url":"\/4.1-310\/","token":"4.1\/I\/3\/1\/4.1-310","metadata":false},{"id":58125,"structure_id":14560,"section_number":"4.1-310.1","catch_line":"Delivery of wine or beer to retail licensee","url":"\/4.1-310.1\/","token":"4.1\/I\/3\/1\/4.1-310.1","metadata":false},{"id":56029,"structure_id":14560,"section_number":"4.1-311","catch_line":"Limitations on transporting lawfully purchased alcoholic beverages; penalty","url":"\/4.1-311\/","token":"4.1\/I\/3\/1\/4.1-311","metadata":false},{"id":58750,"structure_id":14560,"section_number":"4.1-312","catch_line":"Limitation on carrying alcoholic beverages in motor vehicle transporting passengers for hire; penalty","url":"\/4.1-312\/","token":"4.1\/I\/3\/1\/4.1-312","metadata":false},{"id":78527,"structure_id":14560,"section_number":"4.1-313","catch_line":"Possessing, transporting, etc., alcoholic beverages illegally acquired; penalty","url":"\/4.1-313\/","token":"4.1\/I\/3\/1\/4.1-313","metadata":false},{"id":57876,"structure_id":14560,"section_number":"4.1-314","catch_line":"Keeping, possessing, or storing still or distilling apparatus without a permit; penalty","url":"\/4.1-314\/","token":"4.1\/I\/3\/1\/4.1-314","metadata":false},{"id":79137,"structure_id":14560,"section_number":"4.1-315","catch_line":"Possession without license to sell alcoholic beverages upon premises of restaurant; exceptions; penalty","url":"\/4.1-315\/","token":"4.1\/I\/3\/1\/4.1-315","metadata":false},{"id":57688,"structure_id":14560,"section_number":"4.1-316","catch_line":"Keeping or drinking alcoholic beverages upon premises of club; penalty","url":"\/4.1-316\/","token":"4.1\/I\/3\/1\/4.1-316","metadata":false},{"id":63706,"structure_id":14560,"section_number":"4.1-317","catch_line":"Maintaining common nuisances; penalties","url":"\/4.1-317\/","token":"4.1\/I\/3\/1\/4.1-317","metadata":false},{"id":58781,"structure_id":14560,"section_number":"4.1-318","catch_line":"Violations by armed person; penalty","url":"\/4.1-318\/","token":"4.1\/I\/3\/1\/4.1-318","metadata":false},{"id":80468,"structure_id":14560,"section_number":"4.1-319","catch_line":"Disobeying subpoena; hindering conduct of hearing; penalty","url":"\/4.1-319\/","token":"4.1\/I\/3\/1\/4.1-319","metadata":false},{"id":72735,"structure_id":14560,"section_number":"4.1-320","catch_line":"Illegal advertising; penalty; exception","url":"\/4.1-320\/","token":"4.1\/I\/3\/1\/4.1-320","metadata":false},{"id":73507,"structure_id":14560,"section_number":"4.1-321","catch_line":"Delivery of alcoholic beverages to prisoners in jail prohibited; penalty","url":"\/4.1-321\/","token":"4.1\/I\/3\/1\/4.1-321","metadata":false},{"id":62385,"structure_id":14560,"section_number":"4.1-322","catch_line":"Possession or consumption of alcoholic beverages by interdicted persons; penalty","url":"\/4.1-322\/","token":"4.1\/I\/3\/1\/4.1-322","metadata":false},{"id":57316,"structure_id":14560,"section_number":"4.1-323","catch_line":"Attempts; aiding or abetting; penalty","url":"\/4.1-323\/","token":"4.1\/I\/3\/1\/4.1-323","metadata":false}],"previous_section":{"id":81992,"structure_id":14560,"section_number":"4.1-303","catch_line":"Purchase of alcoholic beverages from person not authorized to sell; penalty","url":"\/4.1-303\/","token":"4.1\/I\/3\/1\/4.1-303","metadata":false},"next_section":{"id":85034,"structure_id":14560,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","url":"\/4.1-305\/","token":"4.1\/I\/3\/1\/4.1-305","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-304\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 686; in 1974, chapter 460; in 1979, chapter 537; in 1981, chapter 24; in 1982, chapter 66; in 1983, chapter 608; in 1985, chapter 559; in 1990, chapter 771; in 1993, chapter 866; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0562\">562<\/a>.<\/p>","references":[{"id":77346,"section_number":"4.1-119","catch_line":"Operation of government stores","order_by":null,"url":"\/4.1-119\/"},{"id":63303,"section_number":"4.1-212.1","catch_line":"Delivery of wine and beer; kegs; regulations of Board","order_by":null,"url":"\/4.1-212.1\/"},{"id":71769,"section_number":"4.1-212.2","catch_line":"Third-party deliveries; limitations; penalties","order_by":null,"url":"\/4.1-212.2\/"},{"id":80682,"section_number":"4.1-222","catch_line":"Conditions under which Board may refuse to grant licenses","order_by":null,"url":"\/4.1-222\/"},{"id":85034,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","order_by":null,"url":"\/4.1-305\/"},{"id":74374,"section_number":"46.2-347","catch_line":"Fraudulent use of driver's license or Department of Motor Vehicles identification card to obtain alcoholic beverages; penalties","order_by":null,"url":"\/46.2-347\/"}],"refers_to":[{"id":78528,"section_number":"4.1-200","catch_line":"Exemptions from licensure","order_by":null,"url":"\/4.1-200\/"},{"id":76885,"section_number":"4.1-202","catch_line":"To whom privileges conferred by licenses extend; liability for violations of law","order_by":null,"url":"\/4.1-202\/"}],"permalink":{"id":219051,"object_type":"law","relational_id":84231,"identifier":"4.1-304","token":"4.1\/I\/3\/1\/4.1-304","url":"\/4.1-304\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-304\/","token":"4.1\/I\/3\/1\/4.1-304","dublin_core":{"Title":"Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-304","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No person shall, except pursuant to subdivisions 1 through 5 of &#xA7; <a class=\"law\" title=\"Exemptions from licensure\" href=\"\/4.1-200\/\">4.1-200<\/a>, <span class=\"dictionary\">sell<\/span> any <span class=\"dictionary\">alcoholic beverages<\/span> to any individual when at the time of such <span class=\"dictionary\">sale<\/span> he knows or has reason to believe that the individual to whom the <span class=\"dictionary\">sale<\/span> is made is (i) less than 21 years of age, (ii) interdicted, or (iii) <span class=\"dictionary\">intoxicated<\/span>. Any person convicted of a violation of this subsection is guilty of a Class 1 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-301958\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-304\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any person who <span class=\"dictionary\">sells<\/span>, except pursuant to subdivisions 1 through 5 of &#xA7; <a class=\"law\" title=\"Exemptions from licensure\" href=\"\/4.1-200\/\">4.1-200<\/a>, any alcoholic beverage to an individual who is less than 21 years of age and at the time of the <span class=\"dictionary\">sale<\/span> does not require the individual to present bona fide <span class=\"dictionary\">evidence<\/span> of legal age indicating that the individual is 21 years of age or older is guilty of a violation of this subsection. Bona fide <span class=\"dictionary\">evidence<\/span> of legal age is limited to any <span class=\"dictionary\">evidence<\/span> that is or reasonably appears to be an unexpired driver&#8217;s license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual&#8217;s photograph, signature, height, weight, and date of birth, or which bears a photograph that reasonably appears to match the <span class=\"dictionary\">appearance<\/span> of the purchaser. A student identification card shall not constitute bona fide <span class=\"dictionary\">evidence<\/span> of legal age for purposes of this subsection. Any person convicted of a violation of this subsection is guilty of a Class 3 <span class=\"dictionary\">misdemeanor<\/span>. Notwithstanding the provisions of &#xA7; <a class=\"law\" title=\"To whom privileges conferred by licenses extend; liability for violations of law\" href=\"\/4.1-202\/\">4.1-202<\/a>, the <span class=\"dictionary\">Board<\/span> shall not take administrative action against a <span class=\"dictionary\">licensee<\/span> for the conduct of his employee who violates this subsection. <a id=\"paragraph-301959\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-304\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> No person shall be convicted of both subsections A and B for the same <span class=\"dictionary\">sale<\/span>. <a id=\"paragraph-301960\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-304\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPERSONS TO WHOM ALCOHOLIC BEVERAGES MAY NOT BE SOLD; PROOF OF LEGAL AGE; PENALTY\n(\u00a7 4.1-304)\n\nA. No person shall, except pursuant to subdivisions 1 through 5 of &#xA7;\n4.1-200, sell any alcoholic beverages to any individual when at the time of such\nsale he knows or has reason to believe that the individual to whom the sale is\nmade is (i) less than 21 years of age, (ii) interdicted, or (iii) intoxicated.\nAny person convicted of a violation of this subsection is guilty of a Class 1\nmisdemeanor.\n\nB. Any person who sells, except pursuant to subdivisions 1 through 5 of &#xA7;\n4.1-200, any alcoholic beverage to an individual who is less than 21 years of\nage and at the time of the sale does not require the individual to present bona\nfide evidence of legal age indicating that the individual is 21 years of age or\nolder is guilty of a violation of this subsection. Bona fide evidence of legal\nage is limited to any evidence that is or reasonably appears to be an unexpired\ndriver&#8217;s license issued by any state of the United States or the District\nof Columbia, military identification card, United States passport or foreign\ngovernment visa, unexpired special identification card issued by the Department\nof Motor Vehicles, or any other valid government-issued identification card\nbearing the individual&#8217;s photograph, signature, height, weight, and date\nof birth, or which bears a photograph that reasonably appears to match the\nappearance of the purchaser. A student identification card shall not constitute\nbona fide evidence of legal age for purposes of this subsection. Any person\nconvicted of a violation of this subsection is guilty of a Class 3 misdemeanor.\nNotwithstanding the provisions of &#xA7; 4.1-202, the Board shall not take\nadministrative action against a licensee for the conduct of his employee who\nviolates this subsection.\n\nC. No person shall be convicted of both subsections A and B for the same sale.\n\nHISTORY: Code 1950, \u00a7 4-62; 1970, c. 686; 1974, c. 460; 1979, c. 537; 1981, c.\n24; 1982, c. 66; 1983, c. 608; 1985, c. 559; 1990, c. 771; 1993, c. 866; 2013,\nc. 562.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}