(a) No new off-premises retailers license, class A, shall be issued for an establishment which is located within 400 feet from another establishment operating under an off-premises retailer's license, class A; except, that this requirement shall not apply to:
(1) A new off-premises retailer's license, class A, if another off-premises retailer's license, class A, operated at the proposed location within the past 12 months; or
(2) An off-premises retailer's license, class AI, that is located within 400 feet of an off-premises retailer's license, class A.
(b) No new off-premises retailers license, class B, shall be issued for an establishment which is located within 400 feet from another establishment operating under an off-premises retailer's license, class B; except, that this requirement shall not apply to:
(1) A new off-premises retailer's license, class B, if another off-premises retailer's license, class B, operated at the proposed location within the past 12 months; or
(2) An off-premises retailer's license, class BI, that is located within 400 feet of an off-premises retailer's license, class B.
(c) This section shall not prohibit the issuance of a license for an off-premises retailer's license, class B, for the sale of alcoholic beverages in an establishment if:
(1) The off-premises retailer's license, class B, meets the definition of a full-service grocery store, as defined in § 25-101(22A);
(2) The sale of alcoholic beverages constitutes no more than 15% of the total volume of gross receipts on an annual basis;
(3) The establishment is not located in a residential-use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission for the District of Columbia or, if located in the Southeast Federal Center, in SEFC-1; and
(4) The opinion of the ANC, if any, has been given great weight.
(d) This section shall not prohibit the issuance of a retailer’s license, class A or B, if the:
(1) Applicant’s establishment will not be open to the public; and
(2) Sale of alcoholic beverages will occur only through the Internet.
(e) This section shall not prohibit the issuance of a retailer's license, class B, if the applicant's establishment will:
(1) Be located inside of a hotel; and
(2) Have no direct public access to the street or the outside of the hotel's building.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(m), 51 DCR 6525; Oct. 20, 2011, D.C. Law 19-23, § 2(f), 58 DCR 6509; May 2, 2015, D.C. Law 20-270, § 2(b)(3), 62 DCR 1866; Apr. 7, 2017, D.C. Law 21-260, § 2(c)(6), 64 DCR 2079; Feb. 21, 2020, D.C. Law 23-51, § 2(b)(5), 67 DCR 13.)
Section ReferencesThis section is referenced in § 25-112.
Effect of AmendmentsD.C. Law 15-187 rewrote par. (5) of subsec. (c) which had read as follows: “(5) The opinion of the ANC in which the establishment is located has been given great weight as specified in Chapter 4.”
D.C. Law 19-23, in subsec. (c)(3), substituted “or, if located within the Southeast Federal Center, in the SEFC/C-R zone;” for a semicolon.
The 2015 amendment by D.C. Law 20-270 added (d).
Emergency LegislationFor temporary (90 day) amendment of section, see § 2(f) of Southeast Federal Center/Yards Non-Discriminatory Grocery Store Emergency Act of 2010 (D.C. Act 18-674, December 28, 2010, 58 DCR 130).
Temporary LegislationSection 2(f) of D.C. Law 18-346, in subsec. (c)(3), substituted “or, if located within the Southeast Federal Center, in the SEFC/C-R zone;” for a semicolon at the end.
Section 4(b) of D.C. Law 18-346 provided that the act shall expire after 225 days of its having taken effect.