{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-324.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-324.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-324.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-324.html"}],"law_id":72057,"edition_id":1,"section_id":72057,"structure_id":15452,"section_number":"4.1-324","catch_line":"Illegal sale or keeping of alcoholic beverages by licensees; penalty","history":"Code 1950, \u00a7 4-60; 1970, c. 360; 1974, c. 460; 1984, c. 603; 1993, c. 866; 1998, c. 238; 2006, c. 714; 2008, cc. 513, 629, 875.","full_text":"A\n\nNo licensee or any agent or employee of such licensee shall:1\n\nSell any alcoholic beverages of a kind other than that which such license or this subtitle authorizes him to sell;2\n\nSell beer to which wine, spirits or alcohol has been added, except that a mixed beverage licensee may combine wine or spirits, or both, with beer pursuant to a patron’s order;3\n\nSell wine to which spirits or alcohol, or both, have been added, otherwise than as required in the manufacture thereof under Board regulations, except that a mixed beverage licensee may (i) make sangria that contains brandy, triple sec, or other similar spirits and (ii) combine beer or spirits, or both, with wine pursuant to a patron’s order;4\n\nSell alcoholic beverages of a kind which such license or this subtitle authorizes him to sell, but to any person other than to those to whom such license or this subtitle authorizes him to sell;5\n\nSell alcoholic beverages which such license or this subtitle authorizes him to sell, but in any place or in any manner other than such license or this subtitle authorizes him to sell;6\n\nSell any alcoholic beverages when forbidden by this subtitle;7\n\nKeep or allow to be kept, other than in his residence and for his personal use, any alcoholic beverages other than that which he is authorized to sell by such license or by this subtitle;8\n\nSell any beer to a retail licensee, except for cash, if the seller holds a brewery, bottler’s or wholesale beer license;9\n\nSell any beer on draft and fail to display to customers the brand of beer sold or misrepresent the brand of any beer sold;10\n\nSell any wine for delivery within the Commonwealth to a retail licensee, except for cash, if the seller holds a wholesale wine or farm winery license;11\n\nKeep or allow to be kept or sell any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device;12\n\nKeep any alcoholic beverage other than in the bottle or container in which it was purchased by him except: (i) for a frozen alcoholic beverage; and (ii) in the case of wine, in containers of a type approved by the Board pending automatic dispensing and sale of such wine; or13\n\nEstablish any normal or customary pricing of its alcoholic beverages that is intended as a shift or device to evade any “happy hour” regulations adopted by the Board; however, a licensee may increase the volume of an alcoholic beverage sold to a customer if there is a commensurate increase in the normal or customary price charged for the same alcoholic beverage.B\n\nAny person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor.C\n\nNeither this section nor any Board regulation shall prohibit an on-premises restaurant licensee from using alcoholic beverages that the licensee otherwise is authorized to purchase and possess for the purposes of preparing and selling for on-premises consumption food products with a final alcohol content of more than one-half of one percent by volume, as long as such food products are sold to and consumed by persons who are 21 years of age or older.","order_by":null,"text":{"0":{"id":259645,"text":"No licensee or any agent or employee of such licensee shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":259646,"text":"Sell any alcoholic beverages of a kind other than that which such license or this subtitle authorizes him to sell;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":259647,"text":"Sell beer to which wine, spirits or alcohol has been added, except that a mixed beverage licensee may combine wine or spirits, or both, with beer pursuant to a patron’s order;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":259648,"text":"Sell wine to which spirits or alcohol, or both, have been added, otherwise than as required in the manufacture thereof under Board regulations, except that a mixed beverage licensee may (i) make sangria that contains brandy, triple sec, or other similar spirits and (ii) combine beer or spirits, or both, with wine pursuant to a patron’s order;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":259649,"text":"Sell alcoholic beverages of a kind which such license or this subtitle authorizes him to sell, but to any person other than to those to whom such license or this subtitle authorizes him to sell;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":259650,"text":"Sell alcoholic beverages which such license or this subtitle authorizes him to sell, but in any place or in any manner other than such license or this subtitle authorizes him to sell;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":259651,"text":"Sell any alcoholic beverages when forbidden by this subtitle;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":259652,"text":"Keep or allow to be kept, other than in his residence and for his personal use, any alcoholic beverages other than that which he is authorized to sell by such license or by this subtitle;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":259653,"text":"Sell any beer to a retail licensee, except for cash, if the seller holds a brewery, bottler’s or wholesale beer license;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":259654,"text":"Sell any beer on draft and fail to display to customers the brand of beer sold or misrepresent the brand of any beer sold;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":259655,"text":"Sell any wine for delivery within the Commonwealth to a retail licensee, except for cash, if the seller holds a wholesale wine or farm winery license;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":259656,"text":"Keep or allow to be kept or sell any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":259657,"text":"Keep any alcoholic beverage other than in the bottle or container in which it was purchased by him except: (i) for a frozen alcoholic beverage; and (ii) in the case of wine, in containers of a type approved by the Board pending automatic dispensing and sale of such wine; or","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":259658,"text":"Establish any normal or customary pricing of its alcoholic beverages that is intended as a shift or device to evade any “happy hour” regulations adopted by the Board; however, a licensee may increase the volume of an alcoholic beverage sold to a customer if there is a commensurate increase in the normal or customary price charged for the same alcoholic beverage.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"B"},"14":{"id":259659,"text":"Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A13","next_prefix":"C"},"15":{"id":259660,"text":"Neither this section nor any Board regulation shall prohibit an on-premises restaurant licensee from using alcoholic beverages that the licensee otherwise is authorized to purchase and possess for the purposes of preparing and selling for on-premises consumption food products with a final alcohol content of more than one-half of one percent by volume, as long as such food products are sold to and consumed by persons who are 21 years of age or older.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15452,"edition_id":1,"name":"Prohibited Practices by Licensees","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14559,"metadata":{},"date_created":"2026-06-26 03:55:07","date_modified":"2026-06-26 03:55:07","permalink":{"id":219139,"object_type":"structure","relational_id":15452,"identifier":"2","token":"4.1\/I\/3\/2","url":"\/4.1\/I\/3\/2\/","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":72057,"structure_id":15452,"section_number":"4.1-324","catch_line":"Illegal sale or keeping of alcoholic beverages by licensees; penalty","url":"\/4.1-324\/","token":"4.1\/I\/3\/2\/4.1-324","metadata":false},{"id":61106,"structure_id":15452,"section_number":"4.1-325","catch_line":"Prohibited acts by mixed beverage licensees; penalty","url":"\/4.1-325\/","token":"4.1\/I\/3\/2\/4.1-325","metadata":false},{"id":77984,"structure_id":15452,"section_number":"4.1-325.01","catch_line":"Combined licenses for same premises","url":"\/4.1-325.01\/","token":"4.1\/I\/3\/2\/4.1-325.01","metadata":false},{"id":58854,"structure_id":15452,"section_number":"4.1-325.1","catch_line":"Falsifying application; penalty","url":"\/4.1-325.1\/","token":"4.1\/I\/3\/2\/4.1-325.1","metadata":false},{"id":79256,"structure_id":15452,"section_number":"4.1-325.2","catch_line":"Prohibited acts by employees of wine or beer licensees; penalty","url":"\/4.1-325.2\/","token":"4.1\/I\/3\/2\/4.1-325.2","metadata":false},{"id":63921,"structure_id":15452,"section_number":"4.1-326","catch_line":"Sale of; purchase for resale; wine or beer from a person without a license; penalty","url":"\/4.1-326\/","token":"4.1\/I\/3\/2\/4.1-326","metadata":false},{"id":69844,"structure_id":15452,"section_number":"4.1-327","catch_line":"Prohibiting transfer of wine or beer by licensees; penalty","url":"\/4.1-327\/","token":"4.1\/I\/3\/2\/4.1-327","metadata":false},{"id":79757,"structure_id":15452,"section_number":"4.1-328","catch_line":"Prohibited trade practices; penalty","url":"\/4.1-328\/","token":"4.1\/I\/3\/2\/4.1-328","metadata":false},{"id":82852,"structure_id":15452,"section_number":"4.1-329","catch_line":"Illegal advertising materials; penalty","url":"\/4.1-329\/","token":"4.1\/I\/3\/2\/4.1-329","metadata":false},{"id":81576,"structure_id":15452,"section_number":"4.1-330","catch_line":"Solicitation by persons interested in manufacture, etc., of alcoholic beverages; penalty","url":"\/4.1-330\/","token":"4.1\/I\/3\/2\/4.1-330","metadata":false},{"id":77633,"structure_id":15452,"section_number":"4.1-331","catch_line":"Failure to pay tax or to deliver, keep and preserve records and accounts, or to allow examination and inspection; penalty","url":"\/4.1-331\/","token":"4.1\/I\/3\/2\/4.1-331","metadata":false},{"id":72772,"structure_id":15452,"section_number":"4.1-332","catch_line":"Nonpayment of excise tax on beer, wine coolers, and wine; additional penalties","url":"\/4.1-332\/","token":"4.1\/I\/3\/2\/4.1-332","metadata":false}],"next_section":{"id":61106,"structure_id":15452,"section_number":"4.1-325","catch_line":"Prohibited acts by mixed beverage licensees; penalty","url":"\/4.1-325\/","token":"4.1\/I\/3\/2\/4.1-325","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-324\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 360; in 1974, chapter 460; in 1984, chapter 603; in 1993, chapter 866; in 1998, chapter 238<\/a>; in 2006, chapter 714<\/a>; in 2008, chapters 513<\/a>, 629<\/a>, and 875<\/a>.<\/p>","references":[{"id":61106,"section_number":"4.1-325","catch_line":"Prohibited acts by mixed beverage licensees; penalty","order_by":null,"url":"\/4.1-325\/"},{"id":79256,"section_number":"4.1-325.2","catch_line":"Prohibited acts by employees of wine or beer licensees; penalty","order_by":null,"url":"\/4.1-325.2\/"}],"refers_to":false,"permalink":{"id":219141,"object_type":"law","relational_id":72057,"identifier":"4.1-324","token":"4.1\/I\/3\/2\/4.1-324","url":"\/4.1-324\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-324\/","token":"4.1\/I\/3\/2\/4.1-324","dublin_core":{"Title":"Illegal sale or keeping of alcoholic beverages by licensees; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-324","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No licensee<\/span> or any agent or employee of such licensee<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Sell<\/span> any alcoholic beverages<\/span> of a kind other than that which such license or this subtitle authorizes him to sell<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Sell<\/span> beer<\/span> to which wine<\/span>, spirits<\/span> or alcohol<\/span> has been added, except that a mixed beverage<\/span> licensee<\/span> may combine wine<\/span> or spirits<\/span>, or both, with beer<\/span> pursuant to a patron’s order<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Sell<\/span> wine<\/span> to which spirits<\/span> or alcohol<\/span>, or both, have been added, otherwise than as required in the manufacture thereof under Board<\/span> regulations, except that a mixed beverage<\/span> licensee<\/span> may (i) make sangria<\/span> that contains brandy, triple sec, or other similar spirits<\/span> and (ii) combine beer<\/span> or spirits<\/span>, or both, with wine<\/span> pursuant to a patron’s order<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Sell<\/span> alcoholic beverages<\/span> of a kind which such license or this subtitle authorizes him to sell<\/span>, but to any person other than to those to whom such license or this subtitle authorizes him to sell<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Sell<\/span> alcoholic beverages<\/span> which such license or this subtitle authorizes him to sell<\/span>, but in any place or in any manner other than such license or this subtitle authorizes him to sell<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Sell<\/span> any alcoholic beverages<\/span> when forbidden by this subtitle; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Keep or allow to be kept, other than in his residence<\/span> and for his personal use, any alcoholic beverages<\/span> other than that which he is authorized to sell<\/span> by such license or by this subtitle; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Sell<\/span> any beer<\/span> to a retail licensee<\/span>, except for cash, if the seller holds a brewery, bottler’s or wholesale beer<\/span> license; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Sell<\/span> any beer<\/span> on draft and fail to display to customers the brand of beer<\/span> sold or misrepresent the brand of any beer<\/span> sold; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Sell<\/span> any wine<\/span> for delivery within the Commonwealth to a retail licensee<\/span>, except for cash, if the seller holds a wholesale wine<\/span> or farm winery<\/span> license; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Keep or allow to be kept or sell<\/span> any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Keep any alcoholic beverage other than in the bottle<\/span> or container<\/span> in which it was purchased by him except: (i) for a frozen alcoholic beverage; and (ii) in the case of wine<\/span>, in containers<\/span> of a type approved by the Board<\/span> pending automatic dispensing and sale<\/span> of such wine<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Establish any normal or customary pricing of its alcoholic beverages<\/span> that is intended as a shift or device to evade any “happy hour” regulations adopted by the Board<\/span>; however, a licensee<\/span> may increase the volume of an alcoholic beverage sold to a customer if there is a commensurate increase in the normal or customary price charged for the same alcoholic beverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Neither this section nor any Board<\/span> regulation shall prohibit an on-premises restaurant<\/span> licensee<\/span> from using alcoholic beverages<\/span> that the licensee<\/span> otherwise is authorized to purchase and possess for the purposes of preparing and selling for on-premises consumption food products with a final alcohol content of more than one-half of one percent by volume, as long as such food products are sold to and consumed by persons who are 21 years of age or older. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nILLEGAL SALE OR KEEPING OF ALCOHOLIC BEVERAGES BY LICENSEES; PENALTY (\u00a7\n4.1-324)\n\nA. No licensee or any agent or employee of such licensee shall:\n\n 1. Sell any alcoholic beverages of a kind other than that which such license\n or this subtitle authorizes him to sell;\n\n 2. Sell beer to which wine, spirits or alcohol has been added, except that a\n mixed beverage licensee may combine wine or spirits, or both, with beer\n pursuant to a patron’s order;\n\n 3. Sell wine to which spirits or alcohol, or both, have been added, otherwise\n than as required in the manufacture thereof under Board regulations, except\n that a mixed beverage licensee may (i) make sangria that contains brandy,\n triple sec, or other similar spirits and (ii) combine beer or spirits, or\n both, with wine pursuant to a patron’s order;\n\n 4. Sell alcoholic beverages of a kind which such license or this subtitle\n authorizes him to sell, but to any person other than to those to whom such\n license or this subtitle authorizes him to sell;\n\n 5. Sell alcoholic beverages which such license or this subtitle authorizes him\n to sell, but in any place or in any manner other than such license or this\n subtitle authorizes him to sell;\n\n 6. Sell any alcoholic beverages when forbidden by this subtitle;\n\n 7. Keep or allow to be kept, other than in his residence and for his personal\n use, any alcoholic beverages other than that which he is authorized to sell by\n such license or by this subtitle;\n\n 8. Sell any beer to a retail licensee, except for cash, if the seller holds a\n brewery, bottler’s or wholesale beer license;\n\n 9. Sell any beer on draft and fail to display to customers the brand of beer\n sold or misrepresent the brand of any beer sold;\n\n 10. Sell any wine for delivery within the Commonwealth to a retail licensee,\n except for cash, if the seller holds a wholesale wine or farm winery license;\n\n 11. Keep or allow to be kept or sell any vaporized form of an alcoholic\n beverage produced by an alcohol vaporizing device;\n\n 12. Keep any alcoholic beverage other than in the bottle or container in which\n it was purchased by him except: (i) for a frozen alcoholic beverage; and (ii)\n in the case of wine, in containers of a type approved by the Board pending\n automatic dispensing and sale of such wine; or\n\n 13. Establish any normal or customary pricing of its alcoholic beverages that\n is intended as a shift or device to evade any “happy hour”\n regulations adopted by the Board; however, a licensee may increase the volume\n of an alcoholic beverage sold to a customer if there is a commensurate\n increase in the normal or customary price charged for the same alcoholic\n beverage.\n\nB. Any person convicted of a violation of this section shall be guilty of a\nClass 1 misdemeanor.\n\nC. Neither this section nor any Board regulation shall prohibit an on-premises\nrestaurant licensee from using alcoholic beverages that the licensee otherwise\nis authorized to purchase and possess for the purposes of preparing and selling\nfor on-premises consumption food products with a final alcohol content of more\nthan one-half of one percent by volume, as long as such food products are sold\nto and consumed by persons who are 21 years of age or older.\n\nHISTORY: Code 1950, \u00a7 4-60; 1970, c. 360; 1974, c. 460; 1984, c. 603; 1993, c.\n866; 1998, c. 238; 2006, c. 714; 2008, cc. 513, 629, 875.","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}}