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Albemarle County, VA Public Conduct: Public Alcohol Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Albemarle County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
No. County Code § 10-104(B) makes it unlawful to possess an open container of an alcoholic beverage on a public street or on a sidewalk adjoining one, as well as in a public park, playground, or on other county-owned property. A violation is a class 4 misdemeanor.
Is there an exception for restaurants and event venues?
Yes. Sec. 10-104(C) exempts any area covered by a Virginia ABC retail restaurant, banquet-special event, or private banquet license issued under Virginia Code § 4.1-308(B) through (D), so licensed patios, banquet halls, and festivals can serve and allow drinking.
What is the penalty for public drinking in Albemarle County?
Both taking or offering a drink in public under Sec. 10-104(A) and possessing an open container under Sec. 10-104(B) are class 4 misdemeanors. Drinking or possessing alcohol on public school grounds is charged separately under Sec. 10-105 as a more serious class 2 misdemeanor.

Sources & Official References

Other rules in Albemarle County

All Albemarle County rules

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