Code of Virginia - Title 4.1 Alcoholic Beverage Control Act - Chapter 3 Prohibited Practices; Penalties; Procedural Matters

4.1-300 Illegal manufacture and bottling; penalty
A. Except as otherwise provided in §§ 4.1-200 and 4.1-201, no person shall manufacture alcoholic beverages in the Commonwealth without being licensed under this title ...

4.1-301 Conspiracy to violate { 4.1-300; penalty
If two or more persons conspire together to do any act which is in violation of § 4.1-300, and one or more of these persons ...

4.1-302 Illegal sale of alcoholic beverages in general; penalty
If any person who is not licensed sells any alcoholic beverages except as permitted by this title, he shall be guilty of a Class 1 ...

4.1-302.1 Use of alcohol vaporizing devices prohibited; penalty.
A. No person shall purchase, offer for sale or use, sell or use any vaporized form of an alcoholic beverage produced by an alcohol vaporizing ...

4.1-303 Purchase of alcoholic beverages from person not authorized to sell; penalty
If any person buys alcoholic beverages from any person other than the Board, a government store or a person authorized under this title to sell ...

4.1-304 Persons to whom alcoholic beverages may not be sold; penalties
No person shall, except pursuant to subdivisions 1 through 5 of § 4.1-200, sell any alcoholic beverages to any person when at the time of ...

4.1-305 Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty...
A. No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, ...

4.1-306 Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture
A. Any person who purchases alcoholic beverages for another person, and at the time of such purchase knows or has reason to believe that the ...

4.1-307 Persons by whom alcoholic beverages may not be sold or served for on-premises consumption; penalt...
No person shall permit anyone employed by him under the age of (i) eighteen years to sell, serve or dispense in any manner alcoholic beverages ...

4.1-308 Drinking alcoholic beverages, or offering to another, in public place; penalty; exception...
A. If any person takes a drink of alcoholic beverages or offers a drink thereof to another, whether accepted or not, at or in any ...

4.1-309 Drinking or possessing alcoholic beverages in or on public school grounds; penalty
A. No person shall possess or drink any alcoholic beverage in or upon the grounds of any public elementary or secondary school during school hours ...

4.1-310 Illegal importation, shipment and transportation of alcoholic beverages; penalty; exceptio...
A. No alcoholic beverages, other than wine or beer, shall be imported, shipped, transported or brought into the Commonwealth, other than to distillery licensees or ...

4.1-311 Limitations on transporting lawfully purchased alcoholic beverages; penalty
A. The transportation of alcoholic beverages lawfully purchased in the Commonwealth in excess of the following limits is prohibited except in accordance with Board regulations: ...

4.1-312 Limitation on carrying alcoholic beverages in motor vehicle transporting passengers for hire; penal...
The transportation of alcoholic beverages in any motor vehicle which is being used, or is licensed, for the transportation of passengers for hire is prohibited, ...

4.1-313 Possessing, transporting, etc., alcoholic beverages illegally acquired; penalty
A. No person, other than a common carrier, shall have, possess, keep, carry, ship or transport alcoholic beverages upon which the tax imposed by the ...

4.1-314 Keeping, possessing or storing still or distilling apparatus without a permit; penalty
No person shall keep, store or have in his possession any still, or distilling apparatus, without a permit from the Board. Any person convicted of ...

4.1-315 Possession without license to sell alcoholic beverages upon premises of restaurant; exceptions; pen...
A. No alcoholic beverages shall be kept or allowed to be kept upon any premises or upon the person of any proprietor or person employed ...

4.1-316 Keeping or drinking alcoholic beverages upon premises of club; penalty
No person operating a club for profit or otherwise, either public or private, shall (i) keep or allow to be kept any alcoholic beverages, either ...

4.1-317 Maintaining common nuisances; penalties
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, ...

4.1-318 Violations by armed person; penalty
No person shall unlawfully manufacture, transport or sell any alcoholic beverages, and at the time of the unlawful manufacturing, transporting, or selling or aiding or ...

4.1-319 Disobeying subpoena; hindering conduct of hearing; penalty
No person shall (i) fail or refuse to obey any subpoena issued by the Board, any Board member, or agent authorized by the Board to ...

4.1-320 Illegal advertising; penalty; exception
Except in accordance with Board regulations, no person shall advertise in or send any advertising matter into the Commonwealth about or concerning alcoholic beverages other ...

4.1-321 Delivery of alcoholic beverages to prisoners in jail prohibited; penalty
No person shall deliver, or cause to be delivered, to any prisoner in any local correctional facility, any alcoholic beverage. Any person convicted of a ...

4.1-322 Possession or consumption of alcoholic beverages by interdicted persons; penalty
No person who has been interdicted pursuant to § 4.1-333 or § 4.1-334 shall possess any alcoholic beverages, except those acquired in accordance with subdivisions ...

4.1-323 Attempts; aiding or abetting; penalty
No person shall attempt to do any of the things prohibited by this title or to aid or abet another in doing, or attempting to ...

4.1-324 Illegal sale or keeping of alcoholic beverages by licensees; penalty
A. No licensee or any agent or employee of such licensee shall: 1. Sell any alcoholic beverages of a kind other than that which such ...

4.1-325 Prohibited acts by mixed beverage licensees; penalty
A. In addition to § 4.1-324, no mixed beverage licensee nor any agent or employee of such licensee shall: 1. Sell or serve any alcoholic ...

4.1-325.1 Falsifying application; penalty
It shall be unlawful for any applicant for a banquet or special events license pursuant to § 4.1-209 or mixed beverage special events license pursuant ...

4.1-325.2 Prohibited acts by employees of wine or beer licensees; penalty
A. In addition to the provisions of § 4.1-324, no retail wine or beer licensee or his agent or employee shall consume any alcoholic beverages ...

4.1-326 Sale of; purchase for resale; wine or beer from a person without a license; penalty
No licensee, other than a common carrier operating in interstate or foreign commerce, licensed to sell wine or beer at retail shall purchase for resale ...

4.1-327 Prohibiting transfer of wine or beer by licensees; penalty
A. No retail licensee, except (i) a retail on-premises wine and beer licensee or (ii) a retail on-premises beer licensee, shall transfer any wine or ...

4.1-328 Prohibited trade practices; penalty
A. No person subject to the jurisdiction of the Board shall violate, attempt to violate, solicit another person to violate or consent to any violation ...

4.1-329 Illegal advertising materials; penalty
No person subject to the jurisdiction of the Board shall induce, attempt to induce, or consent to, any manufacturer, as defined in § 4.1-216.1, or ...

4.1-330 Solicitation by persons interested in manufacture, etc., of alcoholic beverages; penalty
A. No person having any interest, direct or indirect, in the manufacture, distribution, or sale of spirits or other alcoholic beverages shall, without a permit ...

4.1-331 Failure to pay tax or to deliver, keep and preserve records and accounts, or to allow examination a...
No licensee shall fail or refuse to (i) pay any tax provided for in § 4.1-234 or § 4.1-236; (ii) deliver, keep and preserve such ...

4.1-332 Nonpayment of excise tax on beer and wine coolers; additional penalties
A. No person shall sell beer or wine coolers to retailers or consumers without paying the excise tax imposed by § 4.1-236. No retailer shall ...

4.1-333 Interdiction of intoxicated driver or habitual drunkard
A. When after a hearing upon due notice it appears to the satisfaction of the circuit court of any county or city that any person, ...

4.1-334 Interdiction for illegal manufacture, possession, transportation or sale of alcoholic beverage...
When any person has been found guilty of the illegal manufacture, possession, transportation, or sale of alcoholic beverages or maintaining a common nuisance as defined ...

4.1-335 Enjoining nuisances
A. In addition to the penalties imposed by § 4.1-317, the Board, its special agents, the attorney for the Commonwealth, or any citizen of the ...

4.1-336 Contraband beverages and other articles subject to forfeiture
All stills and distilling apparatus and materials for the manufacture of alcoholic beverages, all alcoholic beverages and materials used in their manufacture, all containers in ...

4.1-337 Search warrants
A. If complaint on oath is made that alcoholic beverages are being manufactured, sold, kept, stored, or in any manner held, used or concealed in ...

4.1-338 Confiscation proceedings; disposition of forfeited articles
A. All proceedings for the confiscation of articles, except motor vehicles, declared contraband and forfeited to the Commonwealth under this chapter shall be as provided ...

4.1-339 Search and seizure of conveyances or vehicles used in violation of law; arrests
A. When any officer charged with the enforcement of the alcoholic beverage control laws of the Commonwealth has reason to believe that alcoholic beverages illegally ...

4.1-340 Notice to Commissioner of Department of Motor Vehicles; proceedings by attorney for the Commonwealt...
A. The procedure for notification of the Commissioner of the Department of Motor Vehicles of the seizure of a vehicle pursuant to § 4.1-339 shall ...

4.1-341 Bond to secure possession; appearance by claimant; jury trial
A. The posting of bond by an owner or lienor to secure possession of property seized pursuant to § 4.1-339 shall be in accordance with ...

4.1-342 Rights of innocent owner
If it appears to the satisfaction of the court that a claimant, if he claims to be the owner, was the bona fide owner of ...

4.1-343 Rights of innocent lienor
If a claimant of property seized pursuant to § 4.1-339 is a lienor, and if it appears to the satisfaction of the court that the ...

4.1-344 Sale of forfeited property
If no valid lien is established against property seized in accordance with § 4.1-339, and, upon the trial of the information, it is determined that ...

4.1-345 Vehicles seized by Board
In the case of any motor vehicle seized by special agents of the Board in connection with its use in the illegal manufacture, possession, sale ...

4.1-346 Contraband beverages
Alcoholic beverages seized pursuant to § 4.1-339 shall be deemed contraband as provided in § 4.1-336 and disposed of accordingly. Failure to maintain on a ...

4.1-347 Expenses taxed as costs
The actual expense incident to the custody of property seized pursuant to § 4.1-339, and the expense incident to the sale thereof, including commissions, shall ...

4.1-348 Beverages not licensed under this title
The provisions of §§ 4.1-339 through 4.1-348 shall not apply to alcoholic beverages which may be manufactured and sold without any license under the provisions ...

4.1-349 Punishment for violations of title or regulations; bond
A. Any person convicted of a misdemeanor under the provisions of this title without specification as to the class of offense or penalty, or convicted ...

4.1-350 Witness not excused from testifying because of self-incrimination
No person shall be excused from testifying for the Commonwealth as to any offense committed by another under this title by reason of his testimony ...

4.1-351 Previous convictions
In any indictment, information or warrant charging any person with a violation of any provision of this title, it may be alleged and evidence may ...

4.1-352 Certificate of forensic scientist as evidence; requiring forensic scientist to appear
The certificate of any forensic scientist employed by the Commonwealth on behalf of the Board or the Department of Forensic Science, when signed by him, ...

4.1-353 Label on sealed container prima facie evidence of alcoholic content
In any prosecution for violations of this title, where a sealed container is labeled as containing an alcoholic beverage as defined herein, such labeling shall ...

4.1-354 No recovery for alcoholic beverages illegally sold
No action to recover the price of any alcoholic beverages sold in contravention of this title may be maintained. (Code 1950, § 4-88; 1993, c. ...