ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT:
Misdemeanor Open Container charge, for standing outside of a bar with a beer can, under the Alexandria city code 13-1-5.1, was DISMISSED.
City of Alexandria General District Court at 520 King Street, Alexandria, Virginia 22314.
City of Alexandria Code:
Sec. 13-1-5.1 – Possession of open or opened receptacles containing an alcoholic beverage.
(a) It shall be unlawful for any person, while in the city, to possess an open or opened receptacle containing an alcoholic beverage (i) in or on any publicly or privately owned park, playground, street, alley, sidewalk or other pedestrian walkway or parking lot to which the public has, or is permitted to have, access, or (ii) in a motor vehicle located on any such street, alley or parking lot, whether or not such vehicle is moving. Any person violating this section shall be guilty of a class 4 misdemeanor.
(b) Nothing in subsection (a) shall prevent a person from possessing an open or opened receptacle containing an alcoholic beverage (i) in a place licensed by the Virginia Alcoholic Beverage Control Board (“board”) to sell alcoholic beverages at retail for on-premises consumption, (ii) in an area approved by the board and during an event for which the board has granted a banquet license or mixed beverage special events license, or (iii) in a public street which has been temporarily closed for a special event pursuant to a permit issued by the director of transportation and environmental services.