Hotel Restaurant/Alcohol in VA

Hotel Restaurant/Alcohol in VA

This is a discussion on Hotel Restaurant/Alcohol in VA within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Here's a question for you guys (especially you Virginians). If you have reservations (meaning you plan on staying) at a rather large Hotel that also ...

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Thread: Hotel Restaurant/Alcohol in VA

  1. #1
    VIP Member Array packinnova's Avatar
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    Hotel Restaurant/Alcohol in VA

    Here's a question for you guys (especially you Virginians). If you have reservations (meaning you plan on staying) at a rather large Hotel that also happens to have a dining hall that serves alcohol for on site consumption, is the entire facility offlimits for CCW or just the dining area? Reason I ask is whether or not it's required for those of us in VA to carry open or not while staying at the hotel. Just a thought to ponder...

    Relavent VA codes:
    18.2-308 J3. No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.
    Definitions of Restaurant or Club from 4.1-100. Club definitely doesn't apply, but here's the restaurant part:
    "Restaurant" means, for a beer, or wine and beer license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.

    "Restaurant" means, for a mixed beverage license, an established place of business (i) where meals with substantial entrees are regularly sold and (ii) which has adequate facilities and sufficient employees for cooking, preparing, and serving such meals for consumption at tables in dining areas on the premises, and includes establishments specializing in full course meals with a single substantial entree.


  2. #2
    Member Array mexican_ninja's Avatar
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    Well, looks like you can carry to and from your hotel room but leave the gun in the hotel room when you go to the dining area. But I am not sure. It also depends on the hotel as well. Some hotels have their restaurants operated seperately from the hotel.

  3. #3
    Member Array rwmorrisonjr's Avatar
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    Being a former VA resident, here's how the law works: You can carry concealed on premises (as long as your permit is valid in VA) EXCEPT in the restaurant/bar area, then you must open carry (and not consume one drop of alcohol) to stay within the law. However, they can ask you to leave the restaurant if you're carrying openly as it is their property; if you refuse, you can be cited for criminal trespass by the police/sheriff if called.

    A lot of this will be directly influenced by the area where this hotel is located (NoVA vs. Roanoke, for example), and you should get a feel for that when you check in. Worst case, I'd secure your weapon in your room if you plan on dining in the hotel. If you're leaving the hotel, then by all means take your weapon and follow the law. I've dined in Winchester. Fairfax, Old Towne Alexandria and Arlington with my G17 on my hip and no one has said anything.
    "Don't get stuck on stupid!" -Gen. Honore in NOLA

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    VIP Member Array SIGguy229's Avatar
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    Being in VA--I would CC in the hotel (parking lot, gym, conference facilities, etc). The restaurant is a separate facility (i.e. at the end of the day it is closed and locked separate of the hotel) and would only open carry in the restaurant itself.

    I would never leave a firearm in a hotel room.

  5. #5
    VIP Member Array Janq's Avatar
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    Agreed with RW and SIGguy.
    I too am a former VA resident and hold a resident CHP there, and RW hit the nail on the head.

    But if you really want to know for sure you can do no better than to call the State Police rep in Richmond who handles all CHP inquiries.
    I've called her many times in the past and she is extremely helpful. Yes, it's just one lady and her contact info can be found at the State Police website.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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    Member Array denverd0n's Avatar
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    Ah, but what if the hotel has room service and will deliver a bottle, glasses, and ice to your room, as many hotels will do? In that case it seems likely to me that the liquor license for the restaurant covers the entire hotel. I can see where an over-zealous prosecutor might try to make the argument that in that case concealed carry is, therefore, illegal throughout the hotel.
    Last edited by denverd0n; November 2nd, 2006 at 11:38 AM.

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    Quote Originally Posted by rwmorrisonjr View Post
    Being a former VA resident, here's how the law works: You can carry concealed on premises (as long as your permit is valid in VA) EXCEPT in the restaurant/bar area, then you must open carry (and not consume one drop of alcohol) to stay within the law. However, they can ask you to leave the restaurant if you're carrying openly as it is their property; if you refuse, you can be cited for criminal trespass by the police/sheriff if called.
    All correct EXCEPT for "(and not consume one drop of alcohol) "...in Va there is NO restriction on consumption of alcohol. You have to open carry where alcohol is served, but you CAN drink (although it is NOT good to mix booze & firearms).

    Most of us in Va would like to see the restaurant ban changed.
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    Quote Originally Posted by goawayfarm View Post
    All correct EXCEPT for "(and not consume one drop of alcohol) "...in Va there is NO restriction on consumption of alcohol. You have to open carry where alcohol is served, but you CAN drink (although it is NOT good to mix booze & firearms).

    Most of us in Va would like to see the restaurant ban changed.
    This is true, there is nothing that says you cannot drink while open carrying in a bar or restaurant. Also keep in mind that VA does not set a BAC level for DIP (Drunk In Public). Or a level for carrying a gun while intoxicated. Be very careful on that one.

    I believe concealed carrying elsewhere in the hotel that delivered alcohol would be ok under a reasonable man defense. First you would have to be discovered carrying. Then someone would have to ask you to leave. Only if you refused is there a recourse to call the police. This results in a criminal trespass charge if the facts are borne out. Could it be expensive? Sure. I have carried in many hotels in VA and have not had an issue. Doesn't mean you cannot find one where you may have an issue. My hotel carrying has been limited to the Sterling/Ashburn/Leesburg and Norfolk areas in VA. Oh and as an additional defense should you be discovered carrying the question becomes how did the person know you were carrying a gun? They saw it right? So now you are open carrying IAW the law.

    It has been said that the NRA is the most powerful lobby in VA. However I believe for the past 5-6 years we have proven that the restaurant lobby is the most powerful.
    Procrastinators are the leaders of tomorrow.

  9. #9
    Member Array DoubleR's Avatar
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    Quote Originally Posted by denverd0n View Post
    Ah, but what if the hotel has room service and will deliver a bottle, glasses, and ice to your room, as many hotels will do? In that case it seems likely to me that the that the liquor license for the restaurant covers the entire hotel. I can see where an over-zealous prosecutor might try to make the argument that in that case concealed carry is, therefore, illegal throughout the hotel.

    OC when the room service person arrives
    DoubleR"You Can't Legislate Human Behavior"

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