§ 25–331. Quotas — Off-premises retail licenses.

(a) The number of off-premises retailer’s licenses, class A, shall be no more than 250.

(b) The number of off-premises retailer’s licenses, class B, shall be no more than 275.

(d) The quotas set forth in subsection (b) of 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 applicant applies for an off-premises retailer's license, class B, that 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 within the Southeast Federal Center, in the SEFC-1 zone; and

(4) The opinion of the ANC, if any, in which the establishment is located has been given great weight.

(e) Off-premises retailer's licenses, class AI or 25% grocery store class A, shall not be counted toward the quota set forth in subsection (a) of this section.

(f) Off-premises retailer's licenses, class BI, shall not be counted toward the quota set forth in subsection (b) of this section.

(g) The quotas set forth in subsection (a) and subsection (b) of this section shall not prohibit the issuance of a license for an off-premises retailer's license, class AI or BI.

(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(k), 51 DCR 6525; Oct. 20, 2011, D.C. Law 19-23, § 2(d), 58 DCR 6509; Apr. 7, 2017, D.C. Law 21-260, § 2(c)(4), 64 DCR 2079; Oct. 30, 2018, D.C. Law 22-165, § 2(c)(5), 65 DCR 9366; Feb. 21, 2020, D.C. Law 23-51, § 2(b)(3), 67 DCR 13; June 30, 2022, D.C. Law 24-127, § 2(c)(3), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Section References

This section is referenced in § 25-112 and § 25-332.

Effect of Amendments

D.C. Law 15-187 rewrote par. (5) of subsec. (d) 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. (d)(3), substituted “or, if located within the Southeast Federal Center, in the SEFC/C-R zone;” for a semicolon.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(d) 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(d) of D.C. Law 18-346, in subsec. (d)(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.