{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-308.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-308.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-308.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-308.html"}],"law_id":80597,"edition_id":1,"section_id":80597,"structure_id":14560,"section_number":"4.1-308","catch_line":"Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions","history":"Code 1950, \u00a7 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; 2024, c. 492.","full_text":"A\n\nIf 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\n\nThis 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\n\nThis 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\n\nThis 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\n\nThis 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.F\n\nThis section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any area upon the premises of a campground located on private property at which a majority of the campers use travel or tent trailers, pickup campers, or motor homes or similar recreational vehicles.","order_by":null,"text":{"0":{"id":288881,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":288882,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":288883,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":288884,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":288885,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":288886,"text":"This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any area upon the premises of a campground located on private property at which a majority of the campers use travel or tent trailers, pickup campers, or motor homes or similar recreational vehicles.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-308\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1956, chapter 23; in 1972, chapter 143; in 1977, chapter 439; in 1979, chapter 622; in 1986, chapter 113; in 1988, chapter 893; in 1989, chapter 42; in 1990, chapter 932; in 1993, chapter 866; in 2017, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0157\">157<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0492\">492<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0622\">622<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0492\">492<\/a>.<\/p>","references":[{"id":76354,"section_number":"4.1-128","catch_line":"Local ordinances or resolutions regulating or taxing alcoholic beverages","order_by":null,"url":"\/4.1-128\/"},{"id":71341,"section_number":"4.1-206.3","catch_line":"Retail licenses","order_by":null,"url":"\/4.1-206.3\/"},{"id":79137,"section_number":"4.1-315","catch_line":"Possession without license to sell alcoholic beverages upon premises of restaurant; exceptions; penalty","order_by":null,"url":"\/4.1-315\/"}],"refers_to":false,"permalink":{"id":219067,"object_type":"law","relational_id":80597,"identifier":"4.1-308","token":"4.1\/I\/3\/1\/4.1-308","url":"\/4.1-308\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-308\/","token":"4.1\/I\/3\/1\/4.1-308","dublin_core":{"Title":"Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-308","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If any person takes a drink of <span class=\"dictionary\">alcoholic beverages<\/span> or offers a drink thereof to another, whether accepted or not, at or in any <span class=\"dictionary\">public place<\/span>, he is guilty of a Class 4 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-288881\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-308\/#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> This section shall not prevent any person from drinking <span class=\"dictionary\">alcoholic beverages<\/span> or offering a drink thereof to another in any rooms or areas approved by the <span class=\"dictionary\">Board<\/span> in a <span class=\"dictionary\">licensed<\/span> <span class=\"dictionary\">establishment<\/span>, provided such <span class=\"dictionary\">establishment<\/span> or the person who operates the same is <span class=\"dictionary\">licensed<\/span> to <span class=\"dictionary\">sell<\/span> <span class=\"dictionary\">alcoholic beverages<\/span> at retail for on-premises consumption and the <span class=\"dictionary\">alcoholic beverages<\/span> drunk or offered were purchased therein. <a id=\"paragraph-288882\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-308\/#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> This section shall not prevent any person from drinking <span class=\"dictionary\">alcoholic beverages<\/span> or offering a drink thereof to another in any room or area approved by the <span class=\"dictionary\">Board<\/span> at an event for which a banquet license, <span class=\"dictionary\">mixed beverage<\/span> <span class=\"dictionary\">special events<\/span> license, or designated outdoor refreshment area license has been granted. Nor shall this section prevent, upon authorization of the <span class=\"dictionary\">licensee<\/span>, any person from drinking his own lawfully acquired <span class=\"dictionary\">alcoholic beverages<\/span> or offering a drink thereof to another in approved areas and locations at events for which a coliseum or stadium license has been granted. <a id=\"paragraph-288883\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-308\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> This section shall not prevent any person from drinking <span class=\"dictionary\">alcoholic beverages<\/span> or offering a drink thereof to another on a chartered boat being used for the transportation of passengers for compensation which is not <span class=\"dictionary\">licensed<\/span> by the <span class=\"dictionary\">Board<\/span> and which does not <span class=\"dictionary\">sell<\/span> <span class=\"dictionary\">alcoholic beverages<\/span>. <a id=\"paragraph-288884\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-308\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> This section shall not prevent any person from drinking <span class=\"dictionary\">alcoholic beverages<\/span> or offering a drink thereof to another in any areas approved by the <span class=\"dictionary\">Board<\/span> in a <span class=\"dictionary\">licensed<\/span> <span class=\"dictionary\">commercial lifestyle center<\/span>. <a id=\"paragraph-288885\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-308\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> This section shall not prevent any person from drinking <span class=\"dictionary\">alcoholic beverages<\/span> or offering a drink thereof to another in any area upon the premises of a campground located on private property at which a majority of the campers use travel or tent trailers, pickup campers, or motor homes or similar recreational vehicles. <a id=\"paragraph-288886\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-308\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDRINKING ALCOHOLIC BEVERAGES, OR OFFERING TO ANOTHER, IN PUBLIC PLACE; PENALTY;\nEXCEPTIONS (\u00a7 4.1-308)\n\nA. If any person takes a drink of alcoholic beverages or offers a drink thereof\nto another, whether accepted or not, at or in any public place, he is guilty of\na Class 4 misdemeanor.\n\nB. This section shall not prevent any person from drinking alcoholic beverages\nor offering a drink thereof to another in any rooms or areas approved by the\nBoard in a licensed establishment, provided such establishment or the person who\noperates the same is licensed to sell alcoholic beverages at retail for\non-premises consumption and the alcoholic beverages drunk or offered were\npurchased therein.\n\nC. This section shall not prevent any person from drinking alcoholic beverages\nor offering a drink thereof to another in any room or area approved by the Board\nat an event for which a banquet license, mixed beverage special events license,\nor designated outdoor refreshment area license has been granted. Nor shall this\nsection prevent, upon authorization of the licensee, any person from drinking\nhis own lawfully acquired alcoholic beverages or offering a drink thereof to\nanother in approved areas and locations at events for which a coliseum or\nstadium license has been granted.\n\nD. This section shall not prevent any person from drinking alcoholic beverages\nor offering a drink thereof to another on a chartered boat being used for the\ntransportation of passengers for compensation which is not licensed by the Board\nand which does not sell alcoholic beverages.\n\nE. This section shall not prevent any person from drinking alcoholic beverages\nor offering a drink thereof to another in any areas approved by the Board in a\nlicensed commercial lifestyle center.\n\nF. This section shall not prevent any person from drinking alcoholic beverages\nor offering a drink thereof to another in any area upon the premises of a\ncampground located on private property at which a majority of the campers use\ntravel or tent trailers, pickup campers, or motor homes or similar recreational\nvehicles.\n\nHISTORY: Code 1950, \u00a7 4-78; 1956, c. 23; 1972, c. 143; 1977, c. 439; 1979, c.\n622; 1986, c. 113; 1988, c. 893; 1989, c. 42; 1990, c. 932; 1993, c. 866; 2017,\ncc. 157, 492; 2019, c. 622; 2021, Sp. Sess. I, cc. 390, 391; 2024, c. 492.","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}}