{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-317.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-317.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-317.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-317.html"}],"law_id":63706,"edition_id":1,"section_id":63706,"structure_id":14560,"section_number":"4.1-317","catch_line":"Maintaining common nuisances; penalties","history":"Code 1950, p. 877, \u00a7 4-81; 1954, c. 484; 1993, c. 866.","full_text":"A\n\nAll houses, boathouses, buildings, club or fraternity or lodge rooms, boats, cars and places of every description where alcoholic beverages are manufactured, stored, sold, dispensed, given away or used contrary to law, by any scheme or device whatever, shall be deemed common nuisances.\n\t\t\tNo person shall maintain, aid, abet or knowingly associate with others in maintaining a common nuisance.\n\t\t\tAny person convicted of a violation of this subsection shall be guilty of a Class 1 misdemeanor.B\n\nIn addition, after due notice and opportunity to be heard on the part of any owner or lessor not involved in the original offense, by a proceeding analogous to that provided in &#xA7;&#xA7; 4.1-339 through 4.1-348 and upon proof of guilty knowledge, judgment may be given that such house, building, boathouse, car or other place, or any room or part thereof, be closed. The court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful purposes, or in violation of the provisions of this chapter for a period of five years, turn the same over to its owner or lessor; or proceeding may be had in equity as provided in &#xA7; 4.1-335.C\n\nIn a proceeding under this section, judgment shall not be entered against the owner, lessor, or lienholder of the property unless it is proved he (i) knew of the unlawful use of the property and (ii) had the right, because of such unlawful use, to enter and repossess the property.","order_by":null,"text":{"0":{"id":232044,"text":"All houses, boathouses, buildings, club or fraternity or lodge rooms, boats, cars and places of every description where alcoholic beverages are manufactured, stored, sold, dispensed, given away or used contrary to law, by any scheme or device whatever, shall be deemed common nuisances.\n\t\t\tNo person shall maintain, aid, abet or knowingly associate with others in maintaining a common nuisance.\n\t\t\tAny person convicted of a violation of this subsection shall be 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":232045,"text":"In addition, after due notice and opportunity to be heard on the part of any owner or lessor not involved in the original offense, by a proceeding analogous to that provided in &#xA7;&#xA7; 4.1-339 through 4.1-348 and upon proof of guilty knowledge, judgment may be given that such house, building, boathouse, car or other place, or any room or part thereof, be closed. The court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful purposes, or in violation of the provisions of this chapter for a period of five years, turn the same over to its owner or lessor; or proceeding may be had in equity as provided in &#xA7; 4.1-335.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":232046,"text":"In a proceeding under this section, judgment shall not be entered against the owner, lessor, or lienholder of the property unless it is proved he (i) knew of the unlawful use of the property and (ii) had the right, because of such unlawful use, to enter and repossess the property.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-317\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1954, chapter 484; in 1993, chapter 866.<\/p>","references":[{"id":67902,"section_number":"4.1-103","catch_line":"General powers of Board","order_by":null,"url":"\/4.1-103\/"},{"id":84178,"section_number":"4.1-113","catch_line":"Board not to regulate certain advertising in the interiors of retail establishments","order_by":null,"url":"\/4.1-113\/"},{"id":62885,"section_number":"4.1-334","catch_line":"Interdiction for illegal manufacture, possession, transportation or sale of alcoholic beverages","order_by":null,"url":"\/4.1-334\/"},{"id":76671,"section_number":"4.1-335","catch_line":"Enjoining nuisances","order_by":null,"url":"\/4.1-335\/"}],"refers_to":[{"id":58802,"section_number":"4.1-339","catch_line":"Search and seizure of conveyances or vehicles used in violation of law; arrests","order_by":null,"url":"\/4.1-339\/"},{"id":60010,"section_number":"4.1-348","catch_line":"Beverages not licensed under this subtitle","order_by":null,"url":"\/4.1-348\/"}],"permalink":{"id":219111,"object_type":"law","relational_id":63706,"identifier":"4.1-317","token":"4.1\/I\/3\/1\/4.1-317","url":"\/4.1-317\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-317\/","token":"4.1\/I\/3\/1\/4.1-317","dublin_core":{"Title":"Maintaining common nuisances; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-317","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> All houses, boathouses, buildings, <span class=\"dictionary\">club<\/span> or fraternity or lodge rooms, boats, cars and places of every description where <span class=\"dictionary\">alcoholic beverages<\/span> are manufactured, stored, sold, dispensed, given away or used contrary to <span class=\"dictionary\">law<\/span>, by any scheme or device whatever, shall be deemed common nuisances.\n\t\t\tNo person shall maintain, aid, abet or knowingly associate with others in maintaining a common nuisance.\n\t\t\tAny person convicted of a violation of this subsection shall be guilty of a Class 1 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-232044\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-317\/#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> In addition, after due notice and opportunity to be heard on the part of any owner or lessor not involved in the original <span class=\"dictionary\">offense<\/span>, by a proceeding analogous to that provided in &#xA7;&#xA7; <a class=\"law\" title=\"Search and seizure of conveyances or vehicles used in violation of law; arrests\" href=\"\/4.1-339\/\">4.1-339<\/a> through <a class=\"law\" title=\"Beverages not licensed under this subtitle\" href=\"\/4.1-348\/\">4.1-348<\/a> and upon proof of guilty knowledge, <span class=\"dictionary\">judgment<\/span> may be given that such house, building, boathouse, car or other place, or any room or part thereof, be closed. The <span class=\"dictionary\">court<\/span> may, upon the owner or lessor giving <span class=\"dictionary\">bond<\/span> in the <span class=\"dictionary\">penalty<\/span> of not less than $500 and with security to be approved by the <span class=\"dictionary\">court<\/span>, conditioned that the premises shall not be used for unlawful purposes, or in violation of the provisions of this chapter for a period of five years, turn the same over to its owner or lessor; or proceeding may be had in <span class=\"dictionary\">equity<\/span> as provided in &#xA7; <a class=\"law\" title=\"Enjoining nuisances\" href=\"\/4.1-335\/\">4.1-335<\/a>. <a id=\"paragraph-232045\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-317\/#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> In a proceeding under this section, <span class=\"dictionary\">judgment<\/span> shall not be entered against the owner, lessor, or lienholder of the property unless it is proved he (i) knew of the unlawful use of the property and (ii) had the right, because of such unlawful use, to enter and repossess the property. <a id=\"paragraph-232046\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-317\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMAINTAINING COMMON NUISANCES; PENALTIES (\u00a7 4.1-317)\n\nA. All houses, boathouses, buildings, club or fraternity or lodge rooms, boats,\ncars and places of every description where alcoholic beverages are manufactured,\nstored, sold, dispensed, given away or used contrary to law, by any scheme or\ndevice whatever, shall be deemed common nuisances.\n\t\t\tNo person shall maintain, aid, abet or knowingly associate with others in\nmaintaining a common nuisance.\n\t\t\tAny person convicted of a violation of this subsection shall be guilty of a\nClass 1 misdemeanor.\n\nB. In addition, after due notice and opportunity to be heard on the part of any\nowner or lessor not involved in the original offense, by a proceeding analogous\nto that provided in &#xA7;&#xA7; 4.1-339 through 4.1-348 and upon proof of\nguilty knowledge, judgment may be given that such house, building, boathouse,\ncar or other place, or any room or part thereof, be closed. The court may, upon\nthe owner or lessor giving bond in the penalty of not less than $500 and with\nsecurity to be approved by the court, conditioned that the premises shall not be\nused for unlawful purposes, or in violation of the provisions of this chapter\nfor a period of five years, turn the same over to its owner or lessor; or\nproceeding may be had in equity as provided in &#xA7; 4.1-335.\n\nC. In a proceeding under this section, judgment shall not be entered against the\nowner, lessor, or lienholder of the property unless it is proved he (i) knew of\nthe unlawful use of the property and (ii) had the right, because of such\nunlawful use, to enter and repossess the property.\n\nHISTORY: Code 1950, p. 877, \u00a7 4-81; 1954, c. 484; 1993, c. 866.","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}}