Limitation on the distance between off-premises retailer’s licenses.
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. 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. 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: 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 in the calendar year in which an application is made; The opinion of the ANC, if any, has been given great weight. This section shall not prohibit the issuance of a retailer’s license, class A or B, if the: Applicant’s establishment will not be open to the public; and Sale of alcoholic beverages will occur only through the Internet.
Annotations
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 For 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). 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(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. The 2015 amendment by D.C. Law 20-270 added (d). 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.” This section is referenced in § 25-112.
Sourced from the DC Council Open Law Library (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.