                                 CODE OF VIRGINIA

PERSONS TO WHOM ALCOHOLIC BEVERAGES MAY NOT BE SOLD; PROOF OF LEGAL AGE; PENALTY
(§ 4.1-304)

A. No person shall, except pursuant to subdivisions 1 through 5 of &#xA7;
4.1-200, sell any alcoholic beverages to any individual when at the time of such
sale he knows or has reason to believe that the individual to whom the sale is
made is (i) less than 21 years of age, (ii) interdicted, or (iii) intoxicated.
Any person convicted of a violation of this subsection is guilty of a Class 1
misdemeanor.

B. Any person who sells, except pursuant to subdivisions 1 through 5 of &#xA7;
4.1-200, any alcoholic beverage to an individual who is less than 21 years of
age and at the time of the sale does not require the individual to present bona
fide evidence of legal age indicating that the individual is 21 years of age or
older is guilty of a violation of this subsection. Bona fide evidence of legal
age is limited to any evidence that is or reasonably appears to be an unexpired
driver&#8217;s license issued by any state of the United States or the District
of Columbia, military identification card, United States passport or foreign
government visa, unexpired special identification card issued by the Department
of Motor Vehicles, or any other valid government-issued identification card
bearing the individual&#8217;s photograph, signature, height, weight, and date
of birth, or which bears a photograph that reasonably appears to match the
appearance of the purchaser. A student identification card shall not constitute
bona fide evidence of legal age for purposes of this subsection. Any person
convicted of a violation of this subsection is guilty of a Class 3 misdemeanor.
Notwithstanding the provisions of &#xA7; 4.1-202, the Board shall not take
administrative action against a licensee for the conduct of his employee who
violates this subsection.

C. No person shall be convicted of both subsections A and B for the same sale.

HISTORY: Code 1950, § 4-62; 1970, c. 686; 1974, c. 460; 1979, c. 537; 1981, c.
24; 1982, c. 66; 1983, c. 608; 1985, c. 559; 1990, c. 771; 1993, c. 866; 2013,
c. 562.