2006 Code of Virginia § 4.1-317 - Maintaining common nuisances; penalties

4.1-317. Maintaining common nuisances; penalties.

A. All houses, boathouses, buildings, club or fraternity or lodge rooms,boats, cars and places of every description where alcoholic beverages aremanufactured, stored, sold, dispensed, given away or used contrary to law, byany scheme or device whatever, shall be deemed common nuisances.

No person shall maintain, aid, abet or knowingly associate with others inmaintaining a common nuisance.

Any person convicted of a violation of this subsection shall be guilty of aClass 1 misdemeanor.

B. In addition, after due notice and opportunity to be heard on the part ofany owner or lessor not involved in the original offense, by a proceedinganalogous to that provided in 4.1-339 through 4.1-348 and upon proof ofguilty knowledge, judgment may be given that such house, building, boathouse,car or other place, or any room or part thereof, be closed. The court may,upon the owner or lessor giving bond in the penalty of not less than $500 andwith security to be approved by the court, conditioned that the premisesshall not be used for unlawful purposes, or in violation of the provisions ofthis chapter for a period of five years, turn the same over to its owner orlessor; or proceeding may be had in equity as provided in 4.1-335.

C. In a proceeding under this section, judgment shall not be entered againstthe owner, lessor, or lienholder of the property unless it is proved he (i)knew of the unlawful use of the property and (ii) had the right, because ofsuch unlawful use, to enter and repossess the property.

(Code 1950, p. 877, 4-81; 1954, c. 484; 1993, c. 866.)