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 Virginia Beach
 Code of Ordinances
 Chapter 23. OFFENSES
 Article I. MISCELLANOUS OFFENSES

  § 23-22.1. Drinking alcoholic beverages, or tendering to another, in public place.  

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  • (a)

    If any person shall take a drink of alcoholic beverage or shall tender a drink thereof to another, whether accepted or not, at or in any public place, as defined by Code of Virginia, § 4.1-100, or possess any opened alcoholic beverage containers in the local public parks, playgrounds, public streets, or any sidewalk adjoining any public street, he shall be guilty of a Class 4 misdemeanor.

    (b)

    It shall be unlawful and punishable as a Class 4 misdemeanor for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of this city. A rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section shall be created if (i) an open container is located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open container has been at least partially removed and (iii) the appearance, conduct, odor of alcohol, speech or their physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an alcoholic beverage.

    (c)

    This section shall not prevent any person from drinking or possessing alcoholic beverages or offering a drink thereof to another in any rooms or areas approved by the Virginia Alcoholic Beverage Control Board in a licensed establishment, provided such establishment or the person who operates the same is licensed to sell alcoholic beverages at retail for on-premises consumption and the alcoholic beverages drunk or offered were purchased therein.

    This section also shall not prevent any person from drinking or possessing alcoholic beverages or offering a drink thereof to another in any room or area approved by the Virginia Alcoholic Beverage Control Board at an event for which a banquet license or mixed beverage special events license has been granted. Nor shall this section prevent, upon authorization of the licensee, any person from drinking or possessing his own lawfully acquired alcoholic beverages or offering a drink thereof to another in approved areas and locations at events for which a coliseum or stadium license has been granted.

    (d)

    In addition to the exceptions provided for in subsection (c), this section also shall not apply to parking areas designated by the city manager or his designee for use by persons attending a collegiate or professional sporting exhibition or event on the day of such exhibition or event. The application process for such designation shall be substantially similar to the process set forth for special events in City Code section 4-1, and shall include input from public safety entities. No such designation shall be valid unless the applicant has also obtained the required permit or permits from the Virginia Alcoholic Beverage Control Board.

    (Ord. No. 1402, 9-26-83; Ord. No. 1848, 4-3-89; Ord. No. 2707, 6-25-02; Ord. No. 2992, 6-26-07; Ord. No. 3157, 12-14-10; Ord. No. 3444, 4-19-16)

(Ord. No. 1402, 9-26-83; Ord. No. 1848, 4-3-89; Ord. No. 2707, 6-25-02; Ord. No. 2992, 6-26-07; Ord. No. 3157, 12-14-10; Ord. No. 3444, 4-19-16)