OCDO Meet @ the Races?

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As mentioned in another thread, Wooley and I are planning to go to Old Dominion Speedway on 6/30 for the races. Racing begins at 7:00PM. Outside food and drink are permitted. Onsite food and drink is provided by Foster's Grille, if I am not mistaken.

Everyone is invited. The races at Old Dominion Speedway are great entertainment. The racing is good competitive racing with lots of action. ODS is one of the areas historical landmarks that may be torn down in the next couple of years due to continued development. So, if you haven't experienced the races at ODS, this is a good time before the complex is razed.

I am unsure what Old Dominion's policy is on carrying, but as far as I can tell, open carry is not restricted at this facility by legislation or ABC restrictions.

I do wonder whether or not this facility fits into the "restaraunt" definition as defined in § 4.1-100. If it doesn't fall into this definition, then perhaps concealed carry is permitted? I'm unsure.

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If they sell alcohol they would be restricted to open carry only. It has been a long time since I was there and I don't remember if they sell beer in the stands or not.

Regards

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They do not sell beer in the stands, only in the food concession area. The beer is for on-site consumption, including the spectator stands.

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§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

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.

One could argue the speedway is not a "restaurant" or "club". It has "Food Concession" license offered under "Motor Car Sporting" class of license. It appears to me (IANAL) that the only limitation would be whether the owner of the property has posted it.

Still trying to talk the spouse into this trip. I used to enjoy stock car racing (dirt track, though, not NASCAR) when I was a kid, and haven't been in years.

Oh, yeah, that's why we can't go. Vacation in Banner Elk, NC next week; leaving Friday.

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Tess wrote:

One could argue the speedway is not a "restaurant" or "club". It has "Food Concession" license offered under "Motor Car Sporting" class of license. It appears to me (IANAL) that the only limitation would be whether the owner of the property has posted it.

Still trying to talk the spouse into this trip. I used to enjoy stock car racing (dirt track, though, not NASCAR when I was a kid, and haven't been in years).

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To the best of my knowledge, it is not posted. I've gone to ODS a lot over the years and have never seen signage prohibiting firearms. They do have signage prohibiting glass and indicating that coolers are subject to inspection, but nothing in regards to firearms.

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So, weather looks like it's going to be partly cloudy, maybe even clear for the evening. Temperature in the 70s and 80s. I am planning to take my family, regardless. We'll stop by KFC on get a bucket of chicken...

Anyone else up for the trip?

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Hawkflyer wrote:

If they sell alcohol they would be restricted to open carry only.

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But that is not what the statute says - the establishment must me a "restaurant" or "club" licensed to serve alcohol for on premises consumption. For example, special events and other circumstances are not within J3. The issue is very tricky.

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Mike wrote:

Hawkflyer wrote:

If they sell alcohol they would be restricted to open carry only.

Click to expand...

But that is not what the statute says - the establishment must me a "restaurant" or "club" licensed to serve alcohol for on premises consumption. For example, special events and other circumstances are not within J3. The issue is very tricky.

Click to expand...

Mike, I went to the ABC site and learned the speedway has a "food concession" license issued under the "Motor Car Sporting" event class. I couldn't find a "restaurant" class. So what makes the determination whether a "food concession" is a restaurant?

I agree with you - on the surface it doesn't seem to be. Unfortunately, I can't attend.

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Tess wrote:

Mike wrote:

Hawkflyer wrote:

If they sell alcohol they would be restricted to open carry only.

Click to expand...

But that is not what the statute says - the establishment must me a "restaurant" or "club" licensed to serve alcohol for on premises consumption. For example, special events and other circumstances are not within J3. The issue is very tricky.

Click to expand...

Mike, I went to the ABC site and learned the speedway has a "food concession" license issued under the "Motor Car Sporting" event class. I couldn't find a "restaurant" class. So what makes the determination whether a "food concession" is a restaurant?

I agree with you - on the surface it doesn't seem to be. Unfortunately, I can't attend.

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It appears, at least on the surface, that the ABC license type does not necessarily identify an establishment as a "restaraunt" or "club" as defined in § 4.1-100. However, I believe that the speedway does qualify under this definition.

"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.

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It identifies any establishment for which a "beer" or "wine and beer" license has been issued "where, in consideration of payment, meals or other foods prepared on the premises are regularly sold".

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Had a great night at the races. OC'd the entire time. I think only a handful of people noticed.