Drinking alcohol in public streets, sidewalks, parks, and on the Atlantic Avenue Boardwalk is generally prohibited under Va. Code Section 4.1-308 and Virginia Beach city code, with limited exceptions inside permitted Resort Area events and licensed establishment patios.
State law makes it unlawful to consume alcoholic beverages in any public place not licensed by Virginia ABC. Virginia Beach reinforces this in the Code of Ordinances by prohibiting open containers on streets, sidewalks, the Boardwalk, public parking lots, and public beaches outside permitted special events. The Resort Area Special Service District allows curated outdoor events with ABC-approved beer gardens at fixed boundaries. Sandbridge Beach and First Landing State Park enforce the ban year-round. Convention Center and Sportsplex venues are licensed for indoor consumption only. VBPD bicycle and beach patrol officers actively enforce the ban during summer tourist season.
Public consumption is a Class 4 misdemeanor punishable by a fine of up to $250, plus potential ABC license action against any establishment that allowed off-premises consumption.
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