                                 CODE OF VIRGINIA

MAINTAINING COMMON NUISANCES; PENALTIES (§ 4.1-317)

A. 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.
			No person shall maintain, aid, abet or knowingly associate with others in
maintaining a common nuisance.
			Any person convicted of a violation of this subsection shall be guilty of a
Class 1 misdemeanor.

B. 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.

C. 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.

HISTORY: Code 1950, p. 877, § 4-81; 1954, c. 484; 1993, c. 866.