Hampton, VA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Penalty
- Class 4 misdemeanor
- Covers
- any public place in city
- Exceptions
- licensed events, permitted venues
- Governing section
- Hampton City Code § 24-13.1
Summary
Drinking alcohol or offering a drink to someone else in any public place in Hampton, Virginia is a Class 4 misdemeanor under the city code, with only narrow statutory exceptions.
It shall be unlawful and a Class 4 misdemeanor for any person to drink alcoholic beverages or offer a drink to another, whether accepted or not, at or in any public place in the city.(b)This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another under the circumstances stated in subsection B, C or D of section 4.1-308 of the Code of Virginia or section 26-37 of this Code.(c)For the purposes of this section, the terms "alcoholic beverages" and "public place" shall have the meanings ascribed to them in section 4.1-100 of the Code of Virginia. (Ord. No. 768, 2-8-84; Ord. No. 801, 6-12-85; Ord. No. 1226, 8-19-98; Ord. No. 1466, 3-28-07)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State Law reference— Provisions similar to subsection (a) above, Code of Virginia, § 4.1-308; authority of city to adopt above section, Code of Virginia, § 4.1-128.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).
Full Breakdown
Hampton City Code § 24-13.1 makes it unlawful to drink alcoholic beverages, or offer a drink to another person whether accepted or not, in any public place in the city, a Class 4 misdemeanor. The ban does not apply to drinking permitted under subsections B, C or D of Virginia Code § 4.1-308 (such as licensed events) or under Hampton City Code § 26-37, and it borrows the state's definitions of "alcoholic beverages" and "public place" from Virginia Code § 4.1-100. This is an independent-city ordinance adopted under authority delegated by Virginia Code § 4.1-128, not a county rule, Hampton has no county government.
Violations & Fines
Violating the public-drinking ban is a Class 4 misdemeanor, the lowest misdemeanor class under Virginia law, punishable as set out in the city's general penalty section, § 1-11.
Frequently Asked Questions
Can I drink at a Hampton city park or on the street?
Does this apply on Fort Monroe or the military base?
Sources & Official References
Other rules in Hampton
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