§ 25–332. Moratorium on class B licenses.

(a)(1) 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)].

(2) 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.

(3) The issuance of new retailer’s licenses, class B, under this subsection shall be audited by ABCA and subject to the reporting requirements set forth in § 25-112(e).

(b) The moratorium shall have a prospective effect.

(c) 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:

(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 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) 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.

(e) The moratorium shall not apply to an applicant for a 25% off-premises retailer's license, class B, for the sale of alcoholic beverages in an establishment if the:

(1) Establishment's sale of alcoholic beverages constitutes no more than 25% of the total volume of gross receipts on an annual basis;

(2) 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 Southeast Federal Center, in the SEFC-1;

(3) Establishment files with the Board within 60 days after the end of each year, a statement of expenditures and receipts containing:

(A) 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 amount;

(B) A statement indicating the method used to compute the amounts and percentages; and

(C) 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; and

(4) The opinion of the ANC, if any, has been given great weight.

(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; Apr. 7, 2017, D.C. Law 21-260, § 2(c)(5), 64 DCR 2079; Feb. 21, 2020, D.C. Law 23-51, § 2(b)(4), 67 DCR 13; 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 14-190, in subsec. (c)(4), substituted “during the preceding 12 months” for “in the calendar year”.

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 2013 amendment by D.C. Law 19-310 rewrote (a), which read: “No new off-premises retailer’s license, class B, shall be issued.”

Emergency Legislation

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).

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 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 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).

Temporary Legislation

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.

Section 4(b) of D.C. Law 18-346 provided that the act shall expire after 225 days of its having taken effect.