Moratorium on class B licenses.
After [May 1, 2013], the Board may issue new off-premises retailer’s class B licenses, if the Board finds that the number of retailer’s class B licenses is less than the quota set forth in § 25-331(b). A condition of the license shall be that the sale of alcoholic beverages for consumption off-premises shall constitute no more than 25% of the total volume of gross receipts of the licensee on an annual basis. No more than one retailer’s license, class B, issued under this subsection shall be issued to the same applicant or to an individual with an ownership interest in another license issued under this subsection. The issuance of new retailer’s licenses, class B, under this subsection shall be audited by ABRA and subject to the reporting requirements set forth in § 25-112(e). The moratorium shall have a prospective effect. This moratorium shall not apply to an applicant for an off-premises retailer’s license, class B, for the sale of alcoholic beverages in an establishment if: The primary business and purpose is the sale of a full range of fresh, canned, and frozen food items, and the sale of alcoholic beverages is incidental to the primary purpose; The sale of alcoholic beverages constitutes no more than 15% of the total volume of gross receipts on an annual basis; The establishment is located in a C-1, C-2, C-3, C-4, or C-5 zone or, if located within the Southeast Federal Center, in the SEFC/C-R zone; The establishment is a full service grocery store which is newly constructed with a certificate of occupancy issued after January 1, 2000, or is an existing store which has undergone renovations in excess of $500,000 during the preceding 12 months in which an application is made; and The opinion of the ANC, if any, has been given great weight. An exception to the moratorium shall be granted for 4 new class B licenses on Connecticut Avenue, N.W., between N Street and Florida Avenue, N.W., after October 22, 1999; provided, that no licensee shall devote more than 3,000 square feet to the sale of alcoholic beverages.
Annotations
May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959 Oct. 1, 2002, D.C. Law 14-190, § 1702(g), 49 DCR 6968 Sept. 30, 2004, D.C. Law 15-187, § 101(l), 51 DCR 6525 Oct. 20, 2011, D.C. Law 19-23, § 2(e), 58 DCR 6509 May 1, 2013, D.C. Law 19-310, § 2(k), 60 DCR 3410 For temporary (90 days) amendment of this section, see § 2(k) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388). For temporary amendment of (a), see § 2(k) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001). For temporary (90 day) amendment of section, see § 2(e) of Southeast Federal Center/Yards Non-Discriminatory Grocery Store Emergency Act of 2010 (D.C. Act 18-674, December 28, 2010, 58 DCR 130). For temporary (90 day) amendment of section, see § 1702(g) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026). Section 4(b) of D.C. Law 18-346 provided that the act shall expire after 225 days of its having taken effect. Section 2(e) 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. The 2013 amendment by D.C. Law 19-310 rewrote (a), which read: “No new off-premises retailer’s license, class B, shall be issued.” 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. D.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 14-190, in subsec. (c)(4), substituted “during the preceding 12 months” for “in the calendar year”. This section is referenced in § 25-112.
Sourced from the DC Council Open Law Library (public domain).
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