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2013 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 4.1-304 of the Code of Virginia is amended and reenacted as follows:
§ 4.1-304. Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty.
A. No person shall, except pursuant to subdivisions 1 through
5 of § 4.1-200, sell any alcoholic beverages to any person individual
when at the time of such sale he knows or has reason to believe that the
person individual to whom the sale is made is (i) less than
twenty-one 21 years of age, (ii) interdicted, or (iii) intoxicated. Any
person convicted of a violation of this subsection is guilty of a Class 1
misdemeanor.
B. Any person who sells, except pursuant to subdivisions 1
through 5 of § 4.1-200, any alcoholic beverage to an individual who is less
than 21 years of age and at the time of the sale does not require the
individual to present bona fide evidence of legal age indicating that the
individual is 21 years of age or older is guilty of a violation of this
subsection. Bona fide evidence of legal age is limited to any evidence that is
or reasonably appears to be an unexpired driver's license issued by any state
of the United States or the District of Columbia, military identification card,
United States passport or foreign government visa, unexpired special
identification card issued by the Department of Motor Vehicles, or any other
valid government-issued identification card bearing the individual's
photograph, signature, height, weight, and date of birth, or which bears a
photograph that reasonably appears to match the appearance of the purchaser. A
student identification card shall not constitute bona fide evidence of legal
age for purposes of this subsection. Any person convicted of a violation of
this section shall be subsection is guilty of a Class 1
3 misdemeanor. Notwithstanding the provisions of § 4.1-202, the Board
shall not take administrative action against a licensee for the conduct of his
employee who violates this subsection.
C. No person shall be convicted of both subsections A and B for the same sale.