Legal Question in Criminal Law in Virginia

Reply to Selling Alcohol w/out License

If you did not receive anything in exchangefor the beer, then you probably have a verygood chance of beating this charge. If the court is in Northern Virginia, we'd be happyto represent you -- please call my office at703-691-1888 to schedule an appointment withMr. Bill Lyden if you'd like to proceed.

VA Definition of "sale" of alcohol

Va. Code Section 4.1-100 defines "sell" as "includes soliciting an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages."

If there was no charge (including an admissionfee for the event offering free beer, which would arguably be a sale), and nothing requested in exchange, you should be found notguilty.

Feel free to call if you have further questions.

Reply to Selling alcohol without license

I agree with what Dan Press has published. Section 4.1-302 deals with the sale by persons or businesses not licensed for sale by the ABC people. It does not matter if the business failed to obtain a business license, which is for the local authorities to enforce. If there was no sale, trade, or attempt to gain business by offering the beer, you should have a successful defense. What has not been mentioned is that we don't know what the ABC agent will tell the judge. If you need help for trial around Richmond, please call the office at 804 520-7060.