Title 4.1, Title 4.1. Alcoholic Beverage and Cannabis Control

The Board shall refuse to grant any retail tobacco permit authorized by this article until the retail tobacco permit fee required by § 4.1-244 is paid to the Board.

A. The action of the Board in granting or refusing to grant any retail tobacco permit shall be subject to review in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), except as provided in subsections B and C. Review shall be limited to the evidential record of …

The Board may suspend or revoke any retail tobacco permit if it has reasonable cause to believe that: 1. The retail tobacco permittee, or if the retail tobacco permittee is a partnership, any general partner thereof, or if the retail tobacco permittee is an association, any membe…

The Board shall suspend or revoke any retail tobacco permit if it finds that: 1. A retail tobacco permittee has violated or permitted the violation of § 18.2-331, relating to the illegal possession of a gambling device, upon the premises for which the Board has granted a retail t…

A. 1. Except for temporary retail tobacco permits issued pursuant to § 4.1-252, before the Board may impose a civil penalty or suspend or revoke any retail tobacco permit, reasonable notice of such proposed or contemplated action shall be given to the retail tobacco permittee in …

A. Retail tobacco products owned by or in possession of, or for sale by, any retail tobacco permittee at the time the retail tobacco permit of such retail tobacco permittee is suspended or revoked may be disposed of as follows: 1. Sold to persons in the Commonwealth who are permi…

A. The Board may grant the following temporary permits which shall authorize: 1. Any person who (i) purchases at a foreclosure, secured creditor's, or judicial auction sale the premises or property of a retail tobacco permittee or (ii) has become lawfully entitled to the possessi…

A. Every retail tobacco permittee that receives, stores, sells, handles, or transports liquid nicotine or nicotine vapor products shall preserve all invoices, books, papers, canceled checks, or other documents relating to the purchase, sale, exchange, receipt, or transportation o…

There is hereby created in the state treasury a special nonreverting fund to be known as the Retail Tobacco Enforcement Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All revenues accruing to the Fund pursuant to th…

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 subtitle to manufacture such alcoholic beverages. Nor shall any person, other than a brewery licensee or bottler's lice…

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 does any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be guilty of a Class 6 felony.

If any person who is not licensed sells any alcoholic beverages except as permitted by this subtitle, he shall be guilty of a Class 1 misdemeanor. In the event of a second or subsequent conviction under this section, a jail sentence of no less than thirty days shall be imposed an…

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 device. B. Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor.

A. No person shall purchase or possess, offer for sale or use, sell, or use any powdered or crystalline alcohol product. B. As used in this section, "powdered or crystalline alcohol" means a product that is manufactured into a powdered or crystalline form and that contains any am…

If any person buys alcoholic beverages from any person other than the Board, a government store or a person authorized under this subtitle to sell alcoholic beverages, he shall be guilty of a Class 1 misdemeanor.

A. No person shall, except pursuant to subdivisions 1 through 5 of § 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) interdi…

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, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the a…

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 person for whom the alcoholic beverage was purchased was (i) interdicted, or (ii) intoxicated, is guilty of a Class 1 misdemeanor. A1. Any …

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 for on-premises consumption, except pursuant to subdivisions 1 through 5 of § 4.1-200 or (ii) twenty-one years to prepare or mix alcoholi…

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 public place, he is guilty of a Class 4 misdemeanor. B. This section shall not prevent any person from drinking alcoholic beverages or offering a drin…

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 or school or student activities. B. In addition, no person shall drink and no organization shall serve any alcoholic beverage in or u…

Any person who possesses or consumes an alcoholic beverage while operating a school bus and transporting children is guilty of a Class 1 misdemeanor. For purposes of this section, "school bus" shall have the same meaning as provided in § 46.2-100.

Except as otherwise provided in this subtitle or in Board regulation, no wine or beer may be shipped or delivered to a retail licensee for resale unless such wine or beer has first been (i) delivered to the licensed premises of a wine or beer wholesaler and unloaded, (ii) kept on…

A. Except as otherwise permitted under subsection F of § 4.1-206.3 or § 4.1-209.1 or 4.1-212.1, the transportation of alcoholic beverages is prohibited except in accordance with Board regulations and the following provisions: 1. Wine may be (i) if lawfully purchased in the Common…

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, except when carried in the possession of a passenger who is being transported for compensation at the regular rate and …

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 laws of the United States has not been paid. B. No person shall possess alcoholic beverages in amounts in excess of the limits prov…

No person shall keep, store, or have in his possession any still or distilling apparatus for the purpose of distilling alcohol without a permit from the Board. Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor.

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 upon the premises of a restaurant or other place where food or refreshments of any kind are furnished for compensation, except such alcoholic be…

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 by himself or any other person, upon the premises or (ii) permit the drinking of any alcoholic beverages upon the premises, unless he i…

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 n…

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 assisting in any manner in such act, shall carry on or about his person, or have on or in any vehicle which he m…

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 issue such subpoena or (ii) hinder the orderly conduct and decorum of any hearing held and conducted by the Board, any Board member, or agent authori…

A. Except in accordance with this subtitle and Board regulations, no person shall advertise in or send any advertising matter into the Commonwealth about or concerning alcoholic beverages other than those which may legally be manufactured or sold without a license. B. Manufacture…

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 violation of this section shall be guilty of a Class 1 misdemeanor.

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 1 through 5 of § 4.1-200, nor be drunk in public in violation of § 18.2-388. Any interdicted person found to be in vi…

No person shall attempt to do any of the things prohibited by this subtitle or to aid or abet another in doing, or attempting to do, any of the things prohibited by this subtitle. On an indictment, information or warrant for the violation of this subtitle, the jury or the court m…

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 license or this subtitle authorizes him to sell; 2. Sell beer to which wine, spirits or alcohol has been added, except that a mixed beverage licens…

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 beverage other than as authorized by law; 2. Sell any authorized alcoholic beverage to any person or at any place except as authorized by law; …

On and after July 1, 2015, any licensee of the Board that holds both a mixed beverage restaurant license and a mixed beverage caterer's license for the same business premises may, upon request in writing to the Board, be granted a combined mixed beverage restaurant and caterer's …

It shall be unlawful for any applicant for a banquet, special events, or mixed beverage special events license pursuant to § 4.1-206.3 to knowingly make a false statement in order to secure a license or to alter, change, borrow, or lend or attempt to use, borrow, or lend a licens…

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 while on duty and in a position that is involved in the selling or serving of alcoholic beverages to customers. The provisions of this sub…

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 or sell any wine or beer purchased from anyone other than a wholesale wine or wholesale beer licensee. Nothing in this section s…

A. No retail licensee, except a retail on-premises wine and beer licensee, shall transfer any wine or beer from one licensed place of business to another licensed place of business whether such places of business are under the same ownership or not. B. Any person convicted of a v…

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 of § 4.1-216 or 4.1-216.1, or regulations adopted pursuant to subdivision B 3 of § 4.1-111. B. Any person found by the Board to h…

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 any wholesale licensee selling, renting, lending, buying for or giving to any person any advertising materials or decorations under c…

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 granted by the Board and upon such conditions as the Board may prescribe, solicit either directly or indirectly (i) a mi…