2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–333. Limitation on the distance between off-premises retailer’s licenses

§ 25–333. Limitation on the distance between off-premises retailer’s licenses.
(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.
[(c-2)](1) Notwithstanding subsection (a) of this section, the holder of an off-premises retailer license, class A or B, shall be permitted to apply for one 25% grocery store class A retailer license in Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast along Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north along 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W..
(2) After 12 months of operation in Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast along Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north along 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W., the holder of a 25% grocery store class A retailer license shall be permitted to apply for one additional 25% grocery store class A retailer license at a location in Wards 1 through 6.
(3) For the purposes of this subsection, the election ward boundaries in effect from January 1, 2012, through December 31, 2021, apply to each ward referenced in this subsection.
(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.
(f)(1) This section shall not prohibit the issuance of a 25% grocery store class A retailer license for the sale of alcoholic beverages if:
(A) The applicant's establishment is newly constructed with a certificate of occupancy issued after January 1, 2021, and is located in Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast along Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north along 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W., as set forth in § 1-1041.03(a);
(B) The establishment's primary business and purpose is the sale of at least 6 of the 7 following food categories:
(i) Fresh fruits and vegetables;
(ii) Fresh and uncooked meats, poultry, or seafood;
(iii) Dairy products;
(iv) Canned foods;
(v) Frozen foods;
(vi) Dry groceries and baked goods; or
(vii) Non-alcoholic beverages;
(C) A minimum of 8,000 square feet of the retail establishment's selling area is dedicated to the sale of at least 6 of the 7 food item categories listed in subparagraph (B) of this subsection and the sale of alcoholic beverages constitutes no more than 25% of the total volume of gross receipts on an annual basis;
(D) 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 or, if located within the Southeast Federal Center, in the SEFC-1; and
(E) The establishment files with the Board within 60 days after the end of each year a statement of expenditures and receipts ("annual statement") containing:
(i) The total amount of receipts for the sale of alcoholic beverages, indicating the:
(I) Amount received for the sale of alcoholic beverages;
(II) Amount received for the sale of food and items other than alcoholic beverages; and
(III) Percentage of the total amount of receipts represented by the amounts specified in sub-sub-subparagraphs (I) and (II) of this sub-subparagraph;
(ii) A statement indicating the method used to compute the amounts and percentages; and
(iii) An affidavit, executed by the individual licensee, partner of an applicant partnership, or the appropriate officer of an applicant corporation, partnership, or limited liability company, attesting to the truth of the annual statement.
(2) For the purposes of this subsection, the election ward boundaries in effect from January 1, 2012, through December 31, 2021, apply to the ward referenced in this subsection.
(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; June 30, 2022, D.C. Law 24-127, § 2(c)(4), 69 DCR 005071; Sept. 21, 2022, D.C. Law 24-167, § 2142(b)(2), 69 DCR 009223; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Section References
This section is referenced in § 25-112.
Effect of Amendments
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 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 Legislation
For temporary (90 days) amendment of this section, see § 2142(c) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
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).
Temporary Legislation
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.
Section 4(b) of D.C. Law 18-346 provided that the act shall expire after 225 days of its having taken effect.