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§ 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 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 and in no case be suspended.

History

The record of this law’s original creation isn’t available online. The oldest record of it is its appearance in the Code of Virginia of 1950, as § 4-58. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 491; in 1984, chapter 603; in 1993, chapter 866.

Code 1950, § 4-58; 1952, c. 491; 1984, c. 603; 1993, c. 866.

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Court Decisions

Bolick v. Danielson (Court of Appeals for the Fourth Circuit, 05/29/03)
. . . OPINION . . .

. . . Clint Bolick Robin B. Heatwole Dry Comal Creek Vineyards, a . . . (Court of Appeals for the Fourth Circuit, 05/23/03)
. . . 330 F.3d 274 . . .

Educational Media Co. at Virginia Tech v. Swecker (Court of Appeals for the Fourth Circuit, 04/09/10)
. . . Reversed and remanded by published opinion. Judge SHEDD wrote the majority opinion, in which Senior . . .

Educational Media Company v. Swecker (Court of Appeals for the Fourth Circuit, 04/19/10)
. . . CORRECTED OPINION . . .

Bolick v. Roberts (District Court, E.D. Virginia, 03/29/02)
. . . 199 F.Supp.2d 397 (2002) . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB2331: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.

SB1443: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.

HB430: Cannabis control; retail market, penalties. (failed)

HB950: Cannabis control; retail market, penalties. (failed)

SB104: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term. (failed)

SB252: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.

SB391: Cannabis control; retail market.

HB1960: Felony offenses; elimination of mandatory minimum sentences. (failed)

SB391: Cannabis control; retail market. (failed)

HB863: Offenses, certain; elimination of mandatory minimum sentences. (failed)