Legal Question in Real Estate Law in Virginia

Hello,

I have a question regarding drinking in public. I live in Virginia, HOA Community, and our Board would like to have a social football event where our residents can bring their own alcohol/food to a designated location in the community. A resident has made a statement that there is a VA State Law that prohibits anyone from drinking in public. I read online that there is a VA State Code 4.1-308 that states that anyone drinking in public is guilty of a Class 4 misdemeanor. I wanted to inquire if this law would apply to us if a social event is planned in the community? We are not supplying the alcohol nor selling it. Would you please confirm if this law or any other law stating that no drinking is allowed? I appreciate your assistance and look forward to hearing from you.

Thank you,

T. Stout


Asked on 9/21/10, 7:42 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

As long as the "designated location in the community" was in one of the

areas privately owned by the association in common, it would not be

considered as a public place subject to the referenced statute(in my opinion).

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Answered on 9/27/10, 4:34 am


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