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Chesapeake, VA Public Conduct: Public Alcohol Use (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
City Code Sec. 46-182
Penalty class
Class 4 misdemeanor
Covered locations
Parks, streets, community centers, playgrounds
Licensed premises exception
On-premises ABC license required
Library permit deposit
$200.00, filed 45+ days ahead

Summary

Drinking or offering an alcoholic beverage in a Chesapeake public place, or carrying an open container in a city park, community center, playground or public street, is a Class 4 misdemeanor. City Code Sec. 46-182 exempts licensed on-premises establishments and library events permitted with a $200 deposit.

(a)If any person takes a drink of alcoholic beverages or offers a drink thereof to another, whether accepted or not, at or in an public place, except as provided in subsections (b) and (c) of this section, he or she shall be guilty of a Class 4 misdemeanor. Except as provided in section 50-20 of this Code and in subsections (b) and (c) of this section, if any person shall be in possession of an opened alcoholic beverage container in or on any city park, community center, playground, or public street, he or she shall be guilty of a Class 4 misdemeanor.

Full Breakdown

Chesapeake City Code Sec. 46-182(a) makes it a Class 4 misdemeanor to take a drink of an alcoholic beverage or offer one to someone else, whether or not it is accepted, in or at a public place. The same subsection separately criminalizes simply possessing an opened alcoholic beverage container in or on a city park, community center, playground or public street, again as a Class 4 misdemeanor, regardless of whether anyone is actually seen drinking from it. The ordinance carries two built-in exceptions. Subsection (b) allows drinking in rooms or areas approved by the Virginia Alcoholic Beverage Control Board inside a licensed establishment, as long as the beverages were purchased there and the establishment holds an on-premises retail license.

00 to cover potential facility damage, submits an application at least 45 days before the event, and agrees to conditions covering security, traffic control, insurance and compliance with ABC Board rules; permit decisions are due within 15 business days, and a denial can be appealed to the city manager within seven days. City parks are also covered by a parallel intoxicating-beverages provision at Sec. 50-20. Sec. 46-182 dates to a 1972 ordinance and was most recently amended in 2015 (Ord. No. 15-O-045).

Violations & Fines

Drinking in public, offering a drink to someone else in public, or holding an open container in a park, community center, playground or public street is a Class 4 misdemeanor under Sec. 46-182(a), enforced by Chesapeake police. Serving alcohol at the central library without the required $200 deposit and 45-day filing window voids the ordinance's alcohol exception for library events.

Frequently Asked Questions

Can I drink alcohol in a Chesapeake city park?
No. Sec. 46-182(a) makes both drinking and simply carrying an open container in a city park a Class 4 misdemeanor. The only lawful path is an approved event permit, and ordinary open-container drinking in parks is not something the permit process covers.
Is there any place downtown where public drinking is allowed?
Only inside a licensed establishment's ABC-approved on-premises area, where the drink was purchased on site, under Sec. 46-182(b). Chesapeake has no designated outdoor drinking district, entertainment zone or open-container exception for public streets or sidewalks.
How do I get a permit to serve alcohol at a city facility?
The only alcohol permit built into Sec. 46-182 covers the central library, requiring a $200.00 refundable deposit, an application filed at least 45 days ahead, and city manager approval within 15 business days addressing security, traffic control and ABC Board compliance.

Sources & Official References

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