Albemarle County, VA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Drinking in public
- Class 4 misdemeanor, § 10-104(A)
- Open container
- Banned in parks, county property, streets
- Exception
- ABC-licensed restaurant/banquet events
- Related offense
- School-grounds alcohol, class 2 misdemeanor, § 10-105
- Adopted
- Ord. 98-A(1), 8-5-1998
Summary
Albemarle County bans drinking or offering alcohol to another person in any public place, and separately bans carrying an open container of alcohol in a public park or playground, on county-owned property, or on a public street or sidewalk. County Code § 10-104 makes both a class 4 misdemeanor, with an exception for ABC-licensed events.
A.It shall be unlawful for any person to take a drink of alcoholic beverages or offer a drink thereof to another person, whether accepted or not, in any public place. Any person violating this section shall be guilty of a class 4 misdemeanor.B.It shall be unlawful for any person to possess an open or opened container, can, cup, glass or bottle containing an alcoholic beverage in any public park or playground, on county-owned property or on any public street or sidewalk adjoining a public street in the county. Any person violating this section shall be guilty of a class 4 misdemeanor.
Full Breakdown
Sec. 10-104 has two separate prohibitions. Subsection A bars any person from taking a drink of an alcoholic beverage, or offering a drink of one to someone else, whether accepted or not, in any public place; a violation is a class 4 misdemeanor. Subsection B separately bars possessing an open or opened container, can, cup, glass, or bottle holding an alcoholic beverage in a public park or playground, on county-owned property, or on a public street or sidewalk adjoining a public street in the county; this too is a class 4 misdemeanor.
1-308(B), (C), and (D), and it lists retail restaurant ABC licenses, banquet-special event ABC licenses, and private banquet ABC licenses as covered examples. 1-100. The ordinance was adopted by Ord. 98-A(1) on August 5, 1998, and amended by Ord. 1-128(B). A closely related section, Sec. 10-105, separately bans drinking or possessing alcohol on public school grounds during or after school hours as a class 2 misdemeanor, a higher penalty class than the general open-container ban.
Violations & Fines
Drinking alcohol or offering a drink to someone else in a public place, and separately carrying an open alcohol container in a park, playground, on county property, or on a public street or sidewalk, are each a class 4 misdemeanor under Sec. 10-104(A) and (B). The ban does not apply inside an area covered by a Virginia ABC restaurant, banquet, or special-event license.
Frequently Asked Questions
Can I drink a beer on the sidewalk in Albemarle County?
Is there an exception for restaurants and event venues?
What is the penalty for public drinking in Albemarle County?
Sources & Official References
Other rules in Albemarle County
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