{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-325.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-325.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-325.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-325.html"}],"law_id":61106,"edition_id":1,"section_id":61106,"structure_id":15452,"section_number":"4.1-325","catch_line":"Prohibited acts by mixed beverage licensees; penalty","history":"1968, c. 7, \u00a7 4-98.10; 1970, c. 120; 1974, c. 548; 1975, c. 483; 1976, cc. 750, 768; 1978, c. 69; 1979, c. 227; 1982, c. 316; 1983, c. 608; 1993, c. 866; 2000, c. 780; 2002, c. 105; 2003, c. 856; 2004, c. 913; 2006, cc. 256, 826; 2008, cc. 513, 629, 794, 875; 2009, cc. 20, 509; 2010, c. 481; 2013, c. 661; 2015, cc. 38, 404, 604, 730; 2017, c. 154; 2020, cc. 1113, 1114; 2022, cc. 589, 590; 2023, cc. 213, 214, 774; 2024, cc. 111, 255, 619, 622, 627; 2025, c. 435.","full_text":"A\n\nIn addition to \u00a7 4.1-324, no mixed beverage licensee nor any agent or employee of such licensee shall:1\n\nSell or serve any alcoholic beverage other than as authorized by law;2\n\nSell any authorized alcoholic beverage to any person or at any place except as authorized by law;3\n\nAllow at the place described in his license the consumption of alcoholic beverages in violation of this subtitle;4\n\nKeep at the place described in his license any alcoholic beverage other than that which he is licensed to sell;5\n\nMisrepresent the brand of any alcoholic beverage sold or offered for sale;6\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, which may include alcoholic beverages in a frozen drink dispenser of a type approved by the Board; (ii) in the case of wine, in containers of a type approved by the Board pending automatic dispensing and sale of such wine; and (iii) as otherwise provided by Board regulation. Neither this subdivision nor any Board regulation shall prohibit any mixed beverage licensee from premixing containers of sangria, to which spirits may be added, to be served and sold for consumption on the licensed premises;7\n\nRefill or partly refill any bottle or container of alcoholic beverage or dilute or otherwise tamper with the contents of any bottle or container of alcoholic beverage, except as provided by Board regulation adopted pursuant to subdivision B 11 of § 4.1-111;8\n\nSell or serve any brand of alcoholic beverage which is not the same as that ordered by the purchaser without first advising such purchaser of the difference;9\n\nRemove or obliterate any label, mark, or stamp affixed to any container of alcoholic beverages offered for sale;10\n\nDeliver or sell the contents of any container if the label, mark, or stamp has been removed or obliterated;11\n\nAllow any obscene conduct, language, literature, pictures, performance, or materials on the licensed premises;12\n\nAllow any striptease act on the licensed premises;13\n\nAllow persons connected with the licensed business to appear nude or partially nude;14\n\nConsume or allow the consumption by an employee of any alcoholic beverages while on duty and in a position that is involved in the selling or serving of alcoholic beverages to customers.\n\t\t\t\tThe provisions of this subdivision shall not prohibit any retail licensee or his designated employee from (i) consuming product samples or sample servings of (a) beer or wine provided by a representative of a licensed beer or wine wholesaler or manufacturer or (b) a distilled spirit provided by a permittee of the Board who represents a distiller, if such samples are provided in accordance with Board regulations and the retail licensee or his designated employee does not violate the provisions of subdivision A 1 f of § 4.1-225 or (ii) tasting an alcoholic beverage that has been or will be delivered to a customer for quality control purposes;15\n\nDeliver to a consumer an original bottle of an alcoholic beverage purchased under such license whether the closure is broken or unbroken except in accordance with § 4.1-206.3.\n\t\t\t\tThe provisions of this subdivision shall not apply to the delivery of:\n\t\t\t\ta. “Soju.” For the purposes of this subdivision, “soju” means a traditional Korean alcoholic beverage distilled from rice, barley or sweet potatoes;\n\t\t\t\tb. Spirits, provided (i) the original container is no larger than 375 milliliters, (ii) the alcohol content is no greater than 15 percent by volume, and (iii) the contents of the container are carbonated and perishable; or\n\t\t\t\tc. The entire contents of an original container of spirits for on-premises or off-premises consumption provided that the (i) container is 16 ounces or less and (ii) alcohol content is no greater than 15 percent by volume.16\n\nBe intoxicated while on duty or employ an intoxicated person on the licensed premises;17\n\nConceal any sale or consumption of any alcoholic beverages;18\n\nFail or refuse to make samples of any alcoholic beverages available to the Board upon request or obstruct special agents of the Board in the discharge of their duties;19\n\nStore alcoholic beverages purchased under the license in any unauthorized place or remove any such alcoholic beverages from the premises;20\n\nKnowingly employ in the licensed business any person who has the general reputation as a prostitute, panderer, habitual law violator, person of ill repute, user or peddler of narcotics, or person who drinks to excess or engages in illegal gambling;21\n\nKeep on the licensed premises, except for the premises of a mixed beverage casino licensee, a slot machine or any prohibited gambling or gaming device, machine, or apparatus;22\n\nMake any gift of an alcoholic beverage, other than as a gift made (i) to a personal friend, as a matter of normal social intercourse, so long as the gift is in no way a shift or device to evade the restriction set forth in this subdivision; (ii) to a person responsible for the planning, preparation or conduct on any conference, convention, trade show or event held or to be held on the premises of the licensee, when such gift is made in the course of usual and customary business entertainment and is in no way a shift or device to evade the restriction set forth in this subdivision; (iii) pursuant to subsection C of § 4.1-209; (iv) pursuant to subdivision A 10 of § 4.1-201; (v) by a mixed beverage casino licensee to a patron of such licensee in accordance with the provisions of subdivision A 14 of § 4.1-206.3; or (vi) pursuant to any Board regulation. Any gift permitted by this subdivision shall be subject to the taxes imposed by this subtitle on sales of alcoholic beverages. The licensee shall keep complete and accurate records of gifts given in accordance with this subdivision; or23\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 is guilty of a Class 1 misdemeanor.C\n\nThe provisions of subdivisions A 12 and A 13 shall not apply to persons operating theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value.","order_by":null,"text":{"0":{"id":223377,"text":"In addition to \u00a7 4.1-324, no mixed beverage licensee nor 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":223378,"text":"Sell or serve any alcoholic beverage other than as authorized by law;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":223379,"text":"Sell any authorized alcoholic beverage to any person or at any place except as authorized by law;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":223380,"text":"Allow at the place described in his license the consumption of alcoholic beverages in violation of this subtitle;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":223381,"text":"Keep at the place described in his license any alcoholic beverage other than that which he is licensed 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":223382,"text":"Misrepresent the brand of any alcoholic beverage sold or offered for sale;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":223383,"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, which may include alcoholic beverages in a frozen drink dispenser of a type approved by the Board; (ii) in the case of wine, in containers of a type approved by the Board pending automatic dispensing and sale of such wine; and (iii) as otherwise provided by Board regulation. Neither this subdivision nor any Board regulation shall prohibit any mixed beverage licensee from premixing containers of sangria, to which spirits may be added, to be served and sold for consumption on the licensed premises;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":223384,"text":"Refill or partly refill any bottle or container of alcoholic beverage or dilute or otherwise tamper with the contents of any bottle or container of alcoholic beverage, except as provided by Board regulation adopted pursuant to subdivision B 11 of § 4.1-111;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":223385,"text":"Sell or serve any brand of alcoholic beverage which is not the same as that ordered by the purchaser without first advising such purchaser of the difference;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":223386,"text":"Remove or obliterate any label, mark, or stamp affixed to any container of alcoholic beverages offered for sale;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":223387,"text":"Deliver or sell the contents of any container if the label, mark, or stamp has been removed or obliterated;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":223388,"text":"Allow any obscene conduct, language, literature, pictures, performance, or materials on the licensed premises;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":223389,"text":"Allow any striptease act on the licensed premises;","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":223390,"text":"Allow persons connected with the licensed business to appear nude or partially nude;","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":223391,"text":"Consume or allow the consumption by an employee of any alcoholic beverages while on duty and in a position that is involved in the selling or serving of alcoholic beverages to customers.\n\t\t\t\tThe provisions of this subdivision shall not prohibit any retail licensee or his designated employee from (i) consuming product samples or sample servings of (a) beer or wine provided by a representative of a licensed beer or wine wholesaler or manufacturer or (b) a distilled spirit provided by a permittee of the Board who represents a distiller, if such samples are provided in accordance with Board regulations and the retail licensee or his designated employee does not violate the provisions of subdivision A 1 f of § 4.1-225 or (ii) tasting an alcoholic beverage that has been or will be delivered to a customer for quality control purposes;","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":223392,"text":"Deliver to a consumer an original bottle of an alcoholic beverage purchased under such license whether the closure is broken or unbroken except in accordance with § 4.1-206.3.\n\t\t\t\tThe provisions of this subdivision shall not apply to the delivery of:\n\t\t\t\ta. “Soju.” For the purposes of this subdivision, “soju” means a traditional Korean alcoholic beverage distilled from rice, barley or sweet potatoes;\n\t\t\t\tb. Spirits, provided (i) the original container is no larger than 375 milliliters, (ii) the alcohol content is no greater than 15 percent by volume, and (iii) the contents of the container are carbonated and perishable; or\n\t\t\t\tc. The entire contents of an original container of spirits for on-premises or off-premises consumption provided that the (i) container is 16 ounces or less and (ii) alcohol content is no greater than 15 percent by volume.","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":223393,"text":"Be intoxicated while on duty or employ an intoxicated person on the licensed premises;","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":223394,"text":"Conceal any sale or consumption of any alcoholic beverages;","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"A18"},"18":{"id":223395,"text":"Fail or refuse to make samples of any alcoholic beverages available to the Board upon request or obstruct special agents of the Board in the discharge of their duties;","type":"section","prefixes":["A","18"],"prefix":"18","entire_prefix":"A18","prefix_anchor":"A18","level":2,"prior_prefix":"A17","next_prefix":"A19"},"19":{"id":223396,"text":"Store alcoholic beverages purchased under the license in any unauthorized place or remove any such alcoholic beverages from the premises;","type":"section","prefixes":["A","19"],"prefix":"19","entire_prefix":"A19","prefix_anchor":"A19","level":2,"prior_prefix":"A18","next_prefix":"A20"},"20":{"id":223397,"text":"Knowingly employ in the licensed business any person who has the general reputation as a prostitute, panderer, habitual law violator, person of ill repute, user or peddler of narcotics, or person who drinks to excess or engages in illegal gambling;","type":"section","prefixes":["A","20"],"prefix":"20","entire_prefix":"A20","prefix_anchor":"A20","level":2,"prior_prefix":"A19","next_prefix":"A21"},"21":{"id":223398,"text":"Keep on the licensed premises, except for the premises of a mixed beverage casino licensee, a slot machine or any prohibited gambling or gaming device, machine, or apparatus;","type":"section","prefixes":["A","21"],"prefix":"21","entire_prefix":"A21","prefix_anchor":"A21","level":2,"prior_prefix":"A20","next_prefix":"A22"},"22":{"id":223399,"text":"Make any gift of an alcoholic beverage, other than as a gift made (i) to a personal friend, as a matter of normal social intercourse, so long as the gift is in no way a shift or device to evade the restriction set forth in this subdivision; (ii) to a person responsible for the planning, preparation or conduct on any conference, convention, trade show or event held or to be held on the premises of the licensee, when such gift is made in the course of usual and customary business entertainment and is in no way a shift or device to evade the restriction set forth in this subdivision; (iii) pursuant to subsection C of § 4.1-209; (iv) pursuant to subdivision A 10 of § 4.1-201; (v) by a mixed beverage casino licensee to a patron of such licensee in accordance with the provisions of subdivision A 14 of § 4.1-206.3; or (vi) pursuant to any Board regulation. Any gift permitted by this subdivision shall be subject to the taxes imposed by this subtitle on sales of alcoholic beverages. The licensee shall keep complete and accurate records of gifts given in accordance with this subdivision; or","type":"section","prefixes":["A","22"],"prefix":"22","entire_prefix":"A22","prefix_anchor":"A22","level":2,"prior_prefix":"A21","next_prefix":"A23"},"23":{"id":223400,"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","23"],"prefix":"23","entire_prefix":"A23","prefix_anchor":"A23","level":2,"prior_prefix":"A22","next_prefix":"B"},"24":{"id":223401,"text":"Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A23","next_prefix":"C"},"25":{"id":223402,"text":"The provisions of subdivisions A 12 and A 13 shall not apply to persons operating theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value.","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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-325\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 7 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 25 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 120; in 1974, chapter 548; in 1975, chapter 483; in 1976, chapters 750 and 768; in 1978, chapter 69; in 1979, chapter 227; in 1982, chapter 316; in 1983, chapter 608; in 1993, chapter 866; in 2000, chapter 780<\/a>; in 2002, chapter 105<\/a>; in 2003, chapter 856<\/a>; in 2004, chapter 913<\/a>; in 2006, chapters 256<\/a> and 826<\/a>; in 2008, chapters 513<\/a>, 629<\/a>, 794<\/a>, and 875<\/a>; in 2009, chapters 20<\/a> and 509<\/a>; in 2010, chapter 481<\/a>; in 2013, chapter 661<\/a>; in 2015, chapters 38<\/a>, 404<\/a>, 604<\/a>, and 730<\/a>; in 2017, chapter 154<\/a>; in 2020, chapters 1113<\/a> and 1114<\/a>; in 2022, chapters 589<\/a> and 590<\/a>; in 2023, chapters 213<\/a>, 214<\/a>, and 774<\/a>; in 2024, chapters 111<\/a>, 255<\/a>, 619<\/a>, 622<\/a>, and 627<\/a>; in 2025, chapter 435<\/a>.<\/p>","references":[{"id":67886,"section_number":"4.1-111","catch_line":"Regulations of Board","order_by":null,"url":"\/4.1-111\/"},{"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":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\/"}],"refers_to":[{"id":67886,"section_number":"4.1-111","catch_line":"Regulations of Board","order_by":null,"url":"\/4.1-111\/"},{"id":58089,"section_number":"4.1-201","catch_line":"Conduct not prohibited by this subtitle; limitation","order_by":null,"url":"\/4.1-201\/"},{"id":71341,"section_number":"4.1-206.3","catch_line":"Retail licenses","order_by":null,"url":"\/4.1-206.3\/"},{"id":69143,"section_number":"4.1-209","catch_line":"Wine and beer license privileges; advertising; displays; tastings","order_by":null,"url":"\/4.1-209\/"},{"id":56780,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","order_by":null,"url":"\/4.1-225\/"},{"id":72057,"section_number":"4.1-324","catch_line":"Illegal sale or keeping of alcoholic beverages by licensees; penalty","order_by":null,"url":"\/4.1-324\/"}],"permalink":{"id":219145,"object_type":"law","relational_id":61106,"identifier":"4.1-325","token":"4.1\/I\/3\/2\/4.1-325","url":"\/4.1-325\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-325\/","token":"4.1\/I\/3\/2\/4.1-325","dublin_core":{"Title":"Prohibited acts by mixed beverage licensees; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-325","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to \u00a7 4.1-324<\/a>, no mixed beverage<\/span> licensee<\/span> nor any agent or employee of such licensee<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Sell<\/span> or serve any alcoholic beverage other than as authorized by law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Sell<\/span> any authorized alcoholic beverage to any person or at any place except as authorized by law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Allow at the place described in his license the consumption of alcoholic beverages<\/span> in violation of this subtitle; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Keep at the place described in his license any alcoholic beverage other than that which he is licensed<\/span> to sell<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Misrepresent the brand of any alcoholic beverage sold or offered for sale<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/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, which may include alcoholic beverages<\/span> in a frozen drink dispenser of a type approved by the Board<\/span>; (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>; and (iii) as otherwise provided by Board<\/span> regulation. Neither this subdivision nor any Board<\/span> regulation shall prohibit any mixed beverage<\/span> licensee<\/span> from premixing containers<\/span> of sangria<\/span>, to which spirits<\/span> may be added, to be served and sold for consumption on the licensed<\/span> premises; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Refill or partly refill any bottle<\/span> or container<\/span> of alcoholic beverage or dilute or otherwise tamper with the contents of any bottle<\/span> or container<\/span> of alcoholic beverage, except as provided by Board<\/span> regulation adopted pursuant to subdivision B 11 of § 4.1-111<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Sell<\/span> or serve any brand of alcoholic beverage which is not the same as that ordered by the purchaser without first advising such purchaser of the difference; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Remove or obliterate any label, mark, or stamp affixed to any container<\/span> of alcoholic beverages<\/span> offered for sale<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Deliver or sell<\/span> the contents of any container<\/span> if the label, mark, or stamp has been removed or obliterated; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Allow any obscene conduct, language, literature, pictures, performance, or materials<\/span> on the licensed<\/span> premises; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Allow any striptease act on the licensed<\/span> premises; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Allow persons connected with the licensed<\/span> business to appear nude or partially nude; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Consume or allow the consumption by an employee of any alcoholic beverages<\/span> while on duty and in a position that is involved in the selling or serving of alcoholic beverages<\/span> to customers.\n\t\t\t\tThe provisions of this subdivision shall not prohibit any retail licensee<\/span> or his designated employee from (i) consuming product samples or sample servings of (a) beer<\/span> or wine<\/span> provided by a representative of a licensed<\/span> beer<\/span> or wine<\/span> wholesaler or manufacturer or (b) a distilled spirit provided by a permittee of the Board<\/span> who represents a distiller, if such samples are provided in accordance with Board<\/span> regulations and the retail licensee<\/span> or his designated employee does not violate the provisions of subdivision A 1 f of § 4.1-225<\/a> or (ii) tasting an alcoholic beverage that has been or will be delivered to a customer for quality control purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Deliver to a consumer an original bottle<\/span> of an alcoholic beverage purchased under such license whether the closure is broken or unbroken except in accordance with § 4.1-206.3<\/a>.\n\t\t\t\tThe provisions of this subdivision shall not apply to the delivery of:\n\t\t\t\ta. “Soju<\/span>.” For the purposes of this subdivision, “soju<\/span>” means a traditional Korean alcoholic beverage distilled from rice, barley or sweet potatoes;\n\t\t\t\tb. Spirits<\/span>, provided (i) the original container<\/span> is no larger than 375 milliliters, (ii) the alcohol<\/span> content is no greater than 15 percent by volume, and (iii) the contents of the container<\/span> are carbonated and perishable; or\n\t\t\t\tc. The entire contents of an original container<\/span> of spirits<\/span> for on-premises or off-premises consumption provided that the (i) container<\/span> is 16 ounces or less and (ii) alcohol<\/span> content is no greater than 15 percent by volume. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Be intoxicated<\/span> while on duty or employ an intoxicated<\/span> person on the licensed<\/span> premises; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Conceal any sale<\/span> or consumption of any alcoholic beverages<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Fail or refuse to make samples of any alcoholic beverages<\/span> available to the Board<\/span> upon request or obstruct special agents<\/span> of the Board<\/span> in the discharge of their duties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Store alcoholic beverages<\/span> purchased under the license in any unauthorized place or remove any such alcoholic beverages<\/span> from the premises; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Knowingly employ in the licensed<\/span> business any person who has the general reputation as a prostitute, panderer, habitual law<\/span> violator, person of ill repute, user or peddler of narcotics, or person who drinks to excess or engages in illegal gambling; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> Keep on the licensed<\/span> premises, except for the premises of a mixed beverage<\/span> casino licensee<\/span>, a slot machine or any prohibited gambling or gaming device, machine, or apparatus; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> Make any gift of an alcoholic beverage, other than as a gift made (i) to a personal friend, as a matter of normal social intercourse, so long as the gift is in no way a shift or device to evade the restriction set forth in this subdivision; (ii) to a person responsible for the planning, preparation or conduct on any conference, convention, trade show or event held or to be held on the premises of the licensee<\/span>, when such gift is made in the course of usual and customary business entertainment and is in no way a shift or device to evade the restriction set forth in this subdivision; (iii) pursuant to subsection C of § 4.1-209<\/a>; (iv) pursuant to subdivision A 10 of § 4.1-201<\/a>; (v) by a mixed beverage<\/span> casino licensee<\/span> to a patron of such licensee<\/span> in accordance with the provisions of subdivision A 14 of § 4.1-206.3<\/a>; or (vi) pursuant to any Board<\/span> regulation. Any gift permitted by this subdivision shall be subject to the taxes imposed by this subtitle on sales<\/span> of alcoholic beverages<\/span>. The licensee<\/span> shall keep complete and accurate records of gifts given in accordance with this subdivision; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/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 is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of subdivisions A 12 and A 13 shall not apply to persons operating theaters, concert halls, art centers, museums, or similar establishments<\/span> that are devoted primarily to the arts or theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED ACTS BY MIXED BEVERAGE LICENSEES; PENALTY (\u00a7 4.1-325)\n\nA. In addition to \u00a7 4.1-324, no mixed beverage licensee nor any agent or\nemployee of such licensee shall:\n\n 1. Sell or serve any alcoholic beverage other than as authorized by law;\n\n 2. Sell any authorized alcoholic beverage to any person or at any place except\n as authorized by law;\n\n 3. Allow at the place described in his license the consumption of alcoholic\n beverages in violation of this subtitle;\n\n 4. Keep at the place described in his license any alcoholic beverage other\n than that which he is licensed to sell;\n\n 5. Misrepresent the brand of any alcoholic beverage sold or offered for sale;\n\n 6. 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, which may\n include alcoholic beverages in a frozen drink dispenser of a type approved by\n the Board; (ii) in the case of wine, in containers of a type approved by the\n Board pending automatic dispensing and sale of such wine; and (iii) as\n otherwise provided by Board regulation. Neither this subdivision nor any Board\n regulation shall prohibit any mixed beverage licensee from premixing\n containers of sangria, to which spirits may be added, to be served and sold\n for consumption on the licensed premises;\n\n 7. Refill or partly refill any bottle or container of alcoholic beverage or\n dilute or otherwise tamper with the contents of any bottle or container of\n alcoholic beverage, except as provided by Board regulation adopted pursuant to\n subdivision B 11 of § 4.1-111;\n\n 8. Sell or serve any brand of alcoholic beverage which is not the same as that\n ordered by the purchaser without first advising such purchaser of the\n difference;\n\n 9. Remove or obliterate any label, mark, or stamp affixed to any container of\n alcoholic beverages offered for sale;\n\n 10. Deliver or sell the contents of any container if the label, mark, or stamp\n has been removed or obliterated;\n\n 11. Allow any obscene conduct, language, literature, pictures, performance, or\n materials on the licensed premises;\n\n 12. Allow any striptease act on the licensed premises;\n\n 13. Allow persons connected with the licensed business to appear nude or\n partially nude;\n\n 14. Consume or allow the consumption by an employee of any alcoholic beverages\n while on duty and in a position that is involved in the selling or serving of\n alcoholic beverages to customers.\n \t\t\t\tThe provisions of this subdivision shall not prohibit any retail licensee\n or his designated employee from (i) consuming product samples or sample\n servings of (a) beer or wine provided by a representative of a licensed beer\n or wine wholesaler or manufacturer or (b) a distilled spirit provided by a\n permittee of the Board who represents a distiller, if such samples are\n provided in accordance with Board regulations and the retail licensee or his\n designated employee does not violate the provisions of subdivision A 1 f of\n § 4.1-225 or (ii) tasting an alcoholic beverage that has been or will be\n delivered to a customer for quality control purposes;\n\n 15. Deliver to a consumer an original bottle of an alcoholic beverage\n purchased under such license whether the closure is broken or unbroken except\n in accordance with § 4.1-206.3.\n \t\t\t\tThe provisions of this subdivision shall not apply to the delivery of:\n \t\t\t\ta. “Soju.” For the purposes of this subdivision,\n “soju” means a traditional Korean alcoholic beverage distilled\n from rice, barley or sweet potatoes;\n \t\t\t\tb. Spirits, provided (i) the original container is no larger than 375\n milliliters, (ii) the alcohol content is no greater than 15 percent by volume,\n and (iii) the contents of the container are carbonated and perishable; or\n \t\t\t\tc. The entire contents of an original container of spirits for on-premises\n or off-premises consumption provided that the (i) container is 16 ounces or\n less and (ii) alcohol content is no greater than 15 percent by volume.\n\n 16. Be intoxicated while on duty or employ an intoxicated person on the\n licensed premises;\n\n 17. Conceal any sale or consumption of any alcoholic beverages;\n\n 18. Fail or refuse to make samples of any alcoholic beverages available to the\n Board upon request or obstruct special agents of the Board in the discharge of\n their duties;\n\n 19. Store alcoholic beverages purchased under the license in any unauthorized\n place or remove any such alcoholic beverages from the premises;\n\n 20. Knowingly employ in the licensed business any person who has the general\n reputation as a prostitute, panderer, habitual law violator, person of ill\n repute, user or peddler of narcotics, or person who drinks to excess or\n engages in illegal gambling;\n\n 21. Keep on the licensed premises, except for the premises of a mixed beverage\n casino licensee, a slot machine or any prohibited gambling or gaming device,\n machine, or apparatus;\n\n 22. Make any gift of an alcoholic beverage, other than as a gift made (i) to a\n personal friend, as a matter of normal social intercourse, so long as the gift\n is in no way a shift or device to evade the restriction set forth in this\n subdivision; (ii) to a person responsible for the planning, preparation or\n conduct on any conference, convention, trade show or event held or to be held\n on the premises of the licensee, when such gift is made in the course of usual\n and customary business entertainment and is in no way a shift or device to\n evade the restriction set forth in this subdivision; (iii) pursuant to\n subsection C of § 4.1-209; (iv) pursuant to subdivision A 10 of §\n 4.1-201; (v) by a mixed beverage casino licensee to a patron of such licensee\n in accordance with the provisions of subdivision A 14 of § 4.1-206.3; or\n (vi) pursuant to any Board regulation. Any gift permitted by this subdivision\n shall be subject to the taxes imposed by this subtitle on sales of alcoholic\n beverages. The licensee shall keep complete and accurate records of gifts\n given in accordance with this subdivision; or\n\n 23. 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 is guilty of a Class 1\nmisdemeanor.\n\nC. The provisions of subdivisions A 12 and A 13 shall not apply to persons\noperating theaters, concert halls, art centers, museums, or similar\nestablishments that are devoted primarily to the arts or theatrical\nperformances, when the performances that are presented are expressing matters of\nserious literary, artistic, scientific, or political value.\n\nHISTORY: 1968, c. 7, \u00a7 4-98.10; 1970, c. 120; 1974, c. 548; 1975, c. 483; 1976,\ncc. 750, 768; 1978, c. 69; 1979, c. 227; 1982, c. 316; 1983, c. 608; 1993, c.\n866; 2000, c. 780; 2002, c. 105; 2003, c. 856; 2004, c. 913; 2006, cc. 256, 826;\n2008, cc. 513, 629, 794, 875; 2009, cc. 20, 509; 2010, c. 481; 2013, c. 661;\n2015, cc. 38, 404, 604, 730; 2017, c. 154; 2020, cc. 1113, 1114; 2022, cc. 589,\n590; 2023, cc. 213, 214, 774; 2024, cc. 111, 255, 619, 622, 627; 2025, c. 435.","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}}