Subchapter III. Denial of License.

§ 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.

§ 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.

§ 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 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.

§ 25–334. Denial — Board-certified referendum. [Repealed]

Repealed.

§ 25–335. Denial — Public health and safety restrictions.

(a) Notwithstanding any other provision of this title, the Board shall deny a license if the evidence reasonably shows that:

(1) The establishment for which the license is sought is in violation of one or more of the Construction Codes for the District contained in Title 12 of the District of Columbia Municipal Regulations, or any other law or rule of the District intended to protect public safety; or

(2) The applicant has knowingly permitted, at the place for which the license is sought, the illegal sale, or negotiations for sale, or the use, of any controlled substance in violation of the CSA, or the the possession, other than for personal use, or sale, or negotiations for sale, of drug paraphernalia in violation of the CSA, or Chapter 11 of Title 48. Successive sales, or negotiations for sale, over a continuous period of time constituting a recognizable pattern of activity shall be deemed evidence of knowing permission.

(b) For the purposes of this section, the term "personal use" means the possession of drug paraphernalia in circumstances where there is no evidence of an intent to distribute or manufacture a controlled substance.

§ 25–336. Retail license prohibited in residential-use district.

(a) No retailer’s license shall be issued for, or transferred to, a business operated in a residential-use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission for the District, except for a restaurant or tavern operated in a hotel or apartment house, if the entrance to the restaurant or tavern is entirely inside the hotel or apartment house and no sign or display is visible from the outside of the building.

(b) A nightclub license may be issued on the premises of a hotel that was legally located in a residential-use district and was operating a nightclub on the licensed premises on September 30, 1986.

(c) Subsection (a) of this section shall not apply if, at the time the application for a new license is submitted to the Board, a license of the same type and class is operating an establishment within 400 feet of the applicant.

(d) The provisions of this section shall not apply to:

(1) A restaurant which has received a valid certificate of occupancy as of January 1, 2000 for a restaurant operation in a residential-use district;

(2) A club which is operated under a license issued by the Board as of January 1, 2000 for operation in a residential-use district;

(3) A bed and breakfast license; or

(4) An on-premises Retailer's License, class CR, DR, CH, DH, CT, DT, CX, or DX that is located entirely on a college or university campus and will not have direct public access to the street or the outside of the college's or university's main entrance.

(e)(1) For the purposes of this subsection, the term “ANC 3/4G” means the single member district area partly in Ward 3 and partly in Ward 4, established under § 1-309.03.

(2) Notwithstanding the restriction in subsection (a) of this section, a full service grocery store in a residential-use district in ANC 3/4G with a certificate of occupancy issued prior to [March 21, 2009], may apply for a retailer Class B license.

(3) The Mayor, pursuant to [subchapter I of Chapter 5 of Title 2], may issue rules to implement the provisions of this subsection. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.

(f) Notwithstanding the restriction in subsection (a) of this section, a retailer's license may be applied for and approved by the Board in a residential-use district if a retailer's license previously existed at the same location within the previous 2 years.

(g) Notwithstanding the restriction set forth in subsection (a) of this section, an applicant may apply for and be issued an off-premises retailer's license, class B, for premises located in a residential zone if:

(1) The applicant has received approval from the Board of Zoning; and

(2) Alcohol sales are no more than 15% total volume of gross receipts on an annual basis.

(Jan. 24, 1934, 48 Stat. 328, ch. 4, § 15; June 16, 1934, 48 Stat. 974, ch. 552; May 22, 1958, 72 Stat. 132, Pub. L. 85-423, § 1; Mar. 7, 1987, D.C. Law 6-217, § 10, 34 DCR 907; May 24, 1994, D.C. Law 10-122, § 2(g), 41 DCR 1658; Apr. 12, 1997, D.C. Law 11-258, § 2(b), 44 DCR 1421; Mar. 24, 1998, D.C. Law 12-81, § 15, 45 DCR 745; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 21, 2009, D.C. Law 17-324, § 2(b), 56 DCR 239; Mar. 9, 2016, D.C. Law 21-84, § 2(c), 63 DCR 781; Apr. 7, 2017, D.C. Law 21-260, § 2(c)(7), 64 DCR 2079; Oct. 30, 2018, D.C. Law 22-165, § 2(c)(6), 65 DCR 9366; Feb. 21, 2020, D.C. Law 23-51, § 2(b)(6), 67 DCR 13; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Prior Codifications

1981 Ed., § 25-336.

1973 Ed., § 25-116.

Effect of Amendments

D.C. Law 17-324 added subsec. (e).

The 2016 amendment by D.C. Law 21-84 added (f).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Retail Class Exemption Clarification Emergency Act of 2007 (D.C. Act 17-67, July 9, 2007, 54 DCR 6822).

For temporary (90 day) amendment of section, see § 2 of Retail Class Exemption Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-144, October 17, 2007, 54 DCR 10747).

Temporary Legislation

Section 2 of D.C. Law 17-32 amended subsec. (c) by striking “type and”.

Section 4(b) of D.C. Law 17-32 provided that the act shall expire after 225 days of its having taken effect.

§ 25–337. Wholesaler’s license prohibited in residential-use district.

No wholesaler’s license shall be issued for an establishment in a residential-use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission for the District.

§ 25–338. Limitation on successive applications after denial.

(a) The Board shall not consider an application for the same class of license, permit, endorsement, or substantial change by the same applicant if the Board has denied a previously filed application within 5 years.

(b) Notwithstanding subsection (a) of this section, if an application is withdrawn for good cause, as determined by the Board, and prior to the protest status hearing, or if a previously filed application for the same license class, permit, endorsement, or substantial change was denied by the Board on purely technical or procedural grounds, an application by such applicant may be considered.

§ 25–339. Special restrictions for the Georgetown historic district.

(a) There shall be no nightclub license holders, class C or D, within the Georgetown Historic District. No existing nightclub license shall be transferred to any location within the Georgetown Historic District.

(b) Subject to subsection (f) of this section, the number of tavern license holders, class C or D, within the Georgetown Historic District shall not exceed 12. No existing tavern license shall be transferred from outside of the Georgetown Historic District to any other location within the Georgetown Historic District, except when the number of tavern license holders in the Georgetown Historic District is less than 12.

(c) Notwithstanding the requirements of Subchapter IV of this Chapter, beginning after [June 30, 2022], there shall be a 3-year moratorium on any exceptions or changes to the limitation established in subsection (b) of this section.

(d)(1) Upon the expiration of the moratorium established pursuant to subsection (c) of this section, at the request of any group with standing pursuant to § 25-601, the Board may hold a public hearing to determine whether the limitation set forth in subsection (b) of this section should be terminated or modified.

(2) The public hearing shall be in the nature of a rulemaking hearing under § 2-505 and not in the nature of a contested case under § 2-509.

(3) At the public hearing, any interested person may appear to give oral or written testimony.

(4) After the Board issues rules to terminate or modify the limitation on tavern licenses, the Board may hold future public hearings, not more frequently than every 5 years, in response to a moratorium petition filed pursuant to Subchapter IV of this Chapter 3 to determine the limitation on tavern licenses in the Georgetown Historic District.

(e)(1) Subject to subsection (f) of this section, until the Board issues rules pursuant to subsection (d) of this subsection, the holder of a retailer license in the Georgetown Historic District shall be prohibited from applying for a conversion of its license to a tavern license, class C or D, and the Board shall only issue a new tavern license in the Georgetown Historic District to an applicant for an establishment:

(A) Of a new business or new entity with a new trade name formed after January 1, 2022; and

(B) That has a new certification of occupancy issued after January 1, 2022.

(2)(A) An applicant that is issued a new tavern license shall begin operation within 18 months after receiving the Board's approval.

(B) If the holder of a new tavern license does not begin operation within 18 months of the Board's approval, the tavern license shall be deemed cancelled by the Board unless the licensee receives a 60-day extension from the Board for good cause.

(C) A licensee issued a new tavern license under this paragraph shall not be entitled to more than one 60-day extension from the Board.

(f) Upon rules being issued, and published, pursuant to subsection (d) of this section, subsections (b) and (e) shall not apply.

(Jan. 24, 1934, 48 Stat. 327, ch. 4, § 14; Aug. 25, 1937, 50 Stat. 802, 803, ch. 766, §§ 1, 2; June 15, 1938, 52 Stat. 691, ch. 396, § 3; June 29, 1953, 67 Stat. 103, ch. 159, § 404(e), (f); Aug. 2, 1968, 82 Stat. 616, Pub. L. 90-450, title IV, § 404; Mar. 5, 1981, D.C. Law 3-146, § 4, 27 DCR 4753; Sept. 29, 1982, D.C. Law 4-157, §§ 8, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(4), (c), 30 DCR 5927; June 29, 1984, D.C. Law 5-97, § 2, 31 DCR 2556; Mar. 7, 1987, D.C. Law 6-217, § 9, 34 DCR 907; June 5, 1987, D.C. Law 7-7, § 2, 34 DCR 2640; Oct. 3, 1992, D.C. Law 9-174, § 2(b), (c), 39 DCR 5859; May 24, 1994, D.C. Law 10-122, § 2(f), 41 DCR 1658; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(2), 46 DCR 3142; Oct. 20, 1999, D.C. Law 13-39, § 2, 46 DCR 6548; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; May 2, 2015, D.C. Law 20-270, § 2(b)(4), 62 DCR 1866; June 30, 2022, D.C. Law 24-127, § 2(c)(5), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Prior Codifications

1981 Ed., § 25-339.

1973 Ed., § 25-115.

Effect of Amendments

D.C. Law 13-39, in former § 25-115(k), deleted the period at the end of the first sentence and added “; provided, that with regard to the establishment located at 3148-3150 M Street, N.W., known as Moustache, Inc. t/a Nathans, the Class CT license may be transferred once by the Board, after determining that the requirements of section 16 have been met, to an entity controlled by the individual who controls Moustache, Inc. on the effective date of the Alcoholic Beverage Control Act Tavern Exception Amendment Act of 1999.”.

The 2015 amendment by D.C. Law 20-270 rewrote (a).

§ 25–340. Special restrictions for Ward 4. [Repealed]

Repealed.

§ 25–340.01. Special restrictions for Ward 4.

(a) For the purposes of this section, the term:

(1) "Full-service grocery store" shall have the same meaning as provided in § 25-101(22A).

(2) "Ward 4" means the area defined as Ward 4 in § 1-1041.03 on September 30, 2004.

(b) Except as provided in subsections (c) and (d) of this section, no class A or B off-premises retailer’s license shall be issued in or transferred into Ward 4; provided, that this section shall not prohibit the transfer of a class A or B off-premises retailer’s license within Ward 4.

(d) The restrictions on the issuance in or transfer into Ward 4 of a class B off-premises retailer's license set forth in subsection (b) of this section shall not apply to a full-service grocery store.

(e) The Mayor, pursuant to [subchapter I of Chapter 5 of Title 2], may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.

(Mar. 21, 2009, D.C. Law 17-324, § 2(c), 56 DCR 239; May 2, 2015, D.C. Law 20-270,§ 2(b)(5), 62 DCR 1866; Feb. 15, 2018, D.C. Law 22-57, § 2, 64 DCR 13438; Feb. 21, 2020, D.C. Law 23-52, § 2(b)(2), 67 DCR 21; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-270 substituted “class A or B -premises retailer's license” for “class A or B license” twice in (b).

Emergency Legislation

For temporary (90 day) addition, see § 2(a) of Targeted Ward 4 Single Sales Moratorium Emergency Act of 2008 (D.C. Act 17-509, September 25, 2008, 55 DCR 10878).

Temporary Legislation

Section 2 of D.C. Law 17-288 added a section to read as follows: “§ 25-340.01. Special restrictions for Ward 4. ”No class A or B license shall be issued in or transferred into Ward 4; provided, that this section shall not prohibit the transfer of a class A or B license within Ward 4. For the purposes of this section, the term ‘Ward 4’ means the area defined as Ward 4 in § 1-1041.03 on September 30, 2004. This section shall not apply to any application for a new or transferred license pending on September 30, 2004.”

Section 5(b) of D.C. Law 17-288 provided that the act shall expire after 225 days of its having taken effect.

§ 25–341. Targeted Ward 4 Moratorium Zone. [Repealed]

Repealed.

(Sept. 30, 2004, D.C. Law 15-187, § 101(o), 51 DCR 6525; Aug. 15, 2008, D.C. Law 17-211, § 2(c), 55 DCR 6984; Sept. 26, 2012, D.C. Law 19-171, § 81(b), 59 DCR 6190; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Effect of Amendments

D.C. Law 17-211 repealed subsec. (d) which had read as follows: “(d) This section shall expire 4 years after September 30, 2004. No later than 60 days before the expiration of this section, the Council Committee having jurisdiction over the Alcoholic Beverage Control Board shall hold a public hearing on the present need and appropriateness of the Targeted Ward 4 Moratorium Zone.”

Emergency Legislation

For temporary (90 day) additions, see § 2(b) to (d) of Mt. Pleasant, Targeted Ward 2, and Ward 6 Single Sales Moratorium Emergency Act of 2008 (D.C. Act 17-471, July 28, 2008, 55 DCR 9004).

References in Text

The effective date of the Omnibus Alcoholic Beverage Amendment Act of 2004, passed on 2nd reading on May 18, 2004 (Enrolled version of Bill 15-516), referred to subsec. (d), is September 30, 2004.

§ 25–341.01. Targeted Ward 4 Moratorium Zone.

(a) For the purposes of this section, the term “Targeted Ward 4 Moratorium Zone” means the area bounded by the line starting at 13th Street, N.W., and Eastern Avenue, N.W.; thence in a southerly direction along 13th Street, N.W., to Fern Street, N.W.; thence in an easterly direction along Fern Street, N.W., to Georgia Avenue, N.W.; thence in a southerly direction along Georgia Avenue, N.W., to Aspen Street, N.W.; thence in a westerly direction along Aspen Street, N.W., to 13th Street, N.W.; thence in a southerly direction along 13th Street, N.W., to Piney Branch Road, N.W.; thence in a southerly direction along Piney Branch Road, N.W., to 13th Street, N.W.; thence in a southerly direction along 13th Street, N.W., to Colorado Avenue, N.W.; thence in a southwesterly direction along Colorado Avenue, N.W., to Madison Street, N.W.; thence in a westerly direction along Madison Street, N.W., to 16th Street, N.W.; thence in a southerly direction along 16th Street, N.W., to Spring Road, N.W.; thence in an easterly direction along Spring Road, N.W. to 13th Street, N.W.; thence in a northerly direction along 13th Street, N.W., to Randolph Street, N.W.; thence in an easterly direction along Randolph Street, N.W. to 10th Street, N.W.; thence in a southerly direction along 10th Street, N.W., to Spring Road, N.W.; thence in an easterly direction along Spring Road, N.W., to Rock Creek Church Road, N.W.; thence in an easterly direction along Rock Creek Church Road, N.W., to 7th Street, N.W.; thence in a northerly direction along 7th Street, N.W., to Randolph Street, N.W.; thence in an easterly direction along Randolph Street, N.W., to Rock Creek Church Road, N.W.; thence in a northeasterly direction along Rock Creek Church Road, N.W., to Varnum Street, N.W.; thence in a westerly direction along Varnum Street, N.W., to Grant Circle, N.W.; thence in a westerly direction along the southern circumference of Grant Circle, N.W., to Varnum Street, N.W.; thence in a westerly direction along Varnum Street, N.W., to 8th Street, N.W.; thence in a northerly direction along 8th Street, N.W., to Ingraham Street, N.W.; thence in an easterly direction along Ingraham Street, N.W., to 2nd Street, N.W.; thence in a southerly direction along 2nd Street, N.W., to Farragut Street, N.W.; thence in a southeasterly direction along Farragut Street, N.W., to 1st Street, N.W.; thence in a northeasterly direction along 1st Street, N.W., to Gallatin Street, N.W.; thence in an easterly direction along Gallatin Street, N.W., to North Capitol Street; thence in a northerly direction along North Capitol Street to Riggs Road, N.E.; thence in an easterly direction along Riggs Road, N.E., to South Dakota Avenue, N.E.; thence in a southeasterly direction along South Dakota Avenue, N.E., to Kennedy Street, N.E.; thence in a northeasterly direction along Kennedy Street, N.E., to Madison Street, N.E.; thence in a northwesterly direction along Madison Street, N.E., to 6th Street, N.E.; thence in a northeasterly direction along 6th Street, N.E., to Nicholson Street, N.E.; thence in a northwesterly direction along Nicholson Street, N.E., to 6th Street, N.E.; thence in a northerly direction along 6th Street, N.E., to Eastern Avenue, N.E.; thence in a northwesterly direction along Eastern Avenue, N.E., to New Hampshire Avenue, N.E.; thence in a southwesterly direction along New Hampshire Avenue, N.E. to Blair Road, N.E.; thence in a northwesterly direction along Blair Road, N.E., to North Capitol Street; thence in a northwesterly direction along Blair Road, N.W., to Aspen Street, N.W.; thence in an easterly direction along Aspen Street, N.W., to Willow Street, N.W.; thence in a northeasterly direction along Willow Street, N.W., to Eastern Avenue, N.W.; thence in a northwesterly direction along Eastern Avenue, N.W., to the point of beginning at the intersection of 13th Street, N.W., and Eastern Avenue, N.W.; provided, that the Targeted Ward 4 Moratorium Zone shall not include the area bounded by the line starting at the intersection of 8th Street, N.W., and Dahlia Street, N.W.; thence in a southerly direction along 8th Street, N.W., to Aspen Street, N.W.; thence easterly along Aspen Street, N.W., to Piney Branch Road, N.W.; thence southwesterly along Piney Branch Road, N.W., to 8th Street, N.W.; thence in a southerly direction along 8th Street, N.W., to Madison Street, N.W.; thence in an easterly direction along Madison Street, N.W., to 3rd Street, N.W.; thence in a northerly direction along 3rd Street, N.W., to Whittier Street, N.W.; thence in a westerly direction along Whittier Street, N.W., to 5th Street, N.W.; thence in a northerly direction along 5th Street, N.W., to Dahlia Street, N.W.; thence in a westerly direction along Dahlia Street, N.W., to the point of beginning at the intersection of 13th Street, N.W., and Dahlia Street, N.W.

(b) Within the Targeted Ward 4 Moratorium Zone, a licensee under an off-premises retailer’s license, class A or B, shall not:

(1) Divide a manufacturer’s package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less; or

(2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.

(c) The Mayor, pursuant to [subchapter I of Chapter 5 of Title 2], may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.

(Mar. 21, 2009, D.C. Law 17-324, § 2(c), 56 DCR 239; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Emergency Legislation

For temporary (90 day) addition, see § 2(a) of Targeted Ward 4 Single Sales Moratorium Emergency Act of 2008 (D.C. Act 17-509, September 25, 2008, 55 DCR 10878).

Temporary Legislation

Section 2 of D.C. Law 17-288 added a section to read as follows:

“§ 25-341.01. Targeted Ward 4 Moratorium Zone.

“(a) For the purposes of this section, the term ‘Targeted Ward 4 Moratorium Zone’ means the area bounded by the line starting at 13th Street, N.W., and Eastern Avenue, N.W.; thence in a southerly direction along 13th Street, N.W., to Fern Street, N.W.; thence in an easterly direction along Fern Street, N.W., to Georgia Avenue, N.W.; thence in a southerly direction along Georgia Avenue, N.W., to Aspen Street, N.W.; thence in a westerly direction along Aspen Street, N.W., to 13th Street, N.W.; thence in a southerly direction along 13th Street, N.W., to Piney Branch Road, N.W.; thence in a southerly direction along Piney Branch Road, N.W., to 13th Street, N.W.; thence in a southerly direction along 13th Street, N.W., to Colorado Avenue, N.W.; thence in a southwesterly direction along Colorado Avenue, N.W., to Madison Street, N.W.; thence in a westerly direction along Madison Street, N.W., to 16th Street, N.W.; thence in a southerly direction along 16th Street, N.W., to Spring Road, N.W.; thence in an easterly direction along Spring Road, N.W. to 13th Street, N.W.; thence in a northerly direction along 13th Street, N.W., to Randolph Street, N.W.; thence in an easterly direction along Randolph Street, N.W. to 10th Street, N.W.; thence in a southerly direction along 10th Street, N.W., to Spring Road, N.W.; thence in an easterly direction along Spring Road, N.W., to Rock Creek Church Road, N.W.; thence in an easterly direction along Rock Creek Church Road, N.W., to 7th Street, N.W., thence in a northerly direction along 7th Street, N.W., to Randolph Street, N.W., thence in an easterly direction along Randolph Street, N.W., to Rock Creek Church Road, N.W.; thence in a northeasterly direction along Rock Creek Church Road, N.W., to Varnum Street, N.W.; thence in a westerly direction along Varnum Street, N.W., to Grant Circle, N.W.; thence in a westerly direction along the southern circumference of Grant Circle, N.W., to Varnum Street, N.W.; thence in a westerly direction along Varnum Street, N.W., to 8th Street, N.W.; thence in a northerly direction along 8th Street, N.W., to Ingraham Street, N.W.; thence in an easterly direction along Ingraham Street, N.W., to 2nd Street, N.W.; thence in a southerly direction along 2nd Street, N.W., to Farragut Street, N.W.; thence in a southeasterly direction along Farragut Street, N.W., to 1st Street, N.W.; thence in a northeasterly direction along 1st Street, N.W., to Gallatin Street, N.W.; thence in an easterly direction along Gallatin Street, N.W., to North Capitol Street; thence in a northerly direction along North Capitol Street to Riggs Road, N.E.; thence in an easterly direction along Riggs Road, N.E., to South Dakota Avenue, N.E.; thence in a southeasterly direction along South Dakota Avenue, N.E., to Kennedy Street, N.E.; thence in a northeasterly direction along Kennedy Street, N.E., to Madison Street, N.E.; thence in a northwesterly direction along Madison Street, N.E., to 6th Street, N.E.; thence in a northeasterly direction along 6th Street, N.E., to Nicholson Street, N.E.; thence in a northwesterly direction along Nicholson Street, N.E., to 6th Street, N.E.; thence in a northerly direction along 6th Street, N.E., to Eastern Avenue, N.E.; thence in a northwesterly direction along Eastern Avenue, N.E., to New Hampshire Avenue, N.E.; thence in a southwesterly direction along New Hampshire Avenue, N.E. to Blair Road, N.E.; thence in a northwesterly direction along Blair Road, N.E., to North Capitol Street; thence in a northwesterly direction along Blair Road, N.W., to Aspen Street, N.W.; thence in an easterly direction along Aspen Street, N.W., to Willow Street, N.W.; thence in a northeasterly direction along Willow Street, N.W., to Eastern Avenue, N.W.; thence in a northwesterly direction along Eastern Avenue, N.W., to the point of beginning at the intersection of 13th Street, N.W., and Eastern Avenue, N.W.; provided, that the Targeted Ward 4 Moratorium Zone shall not include the area bounded by the line starting at the intersection of 8th Street, N.W., and Dahlia Street, N.W.; thence in a southerly direction along 8th Street, N.W., to Aspen Street, N.W.; thence easterly along Aspen Street, N.W., to Piney Branch Road, N.W.; thence southwesterly along Piney Branch Road, N.W., to 8th Street, N.W.; thence in a southerly direction along 8th Street, N.W., to Madison Street, N.W.; thence in an easterly direction along Madison Street, N.W., to 3rd Street, N.W.; thence in a northerly direction along 3rd Street, N.W., to Whittier Street, N.W.; thence in a westerly direction along Whittier Street, N.W., to 5th Street, N.W.; thence in a northerly direction along 5th Street, N.W., to Dahlia Street, N.W.; thence in a westerly direction along Dahlia Street, N.W., to the point of beginning at the intersection of 13th Street, N.W., and Dahlia Street, N.W.

“(b) Within the Targeted Ward 4 Moratorium Zone, a licensee under an off-premises retailer’s license, class A or B, shall not:

“(1) Divide a manufacturer’s package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less; or

“(2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.”.

Section 5(b) of D.C. Law 17-288 provided that the act shall expire after 225 days of its having taken effect.

§ 25–342. Special restrictions for off-premises retailer’s license in Ward 7.

(a) For the purposes of this section, the term “Ward 7” means the area defined as Ward VII in § 1-1041.03(a) on [August 15, 2008].

(b) A licensee under an off-premises retailer’s license in Ward 7, class A or B, shall not divide a manufacturer’s package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less.

(c) A licensee under an off-premises retailer’s license in Ward 7, class A or B, shall not sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.

(d) The restrictions set forth in subsections (b) and (c) of this section shall not apply to an off-premises retailer license, class A or B, that operated as a full-service grocery store or received an exception from the Board pursuant to § 25-346(c) that is in Ward 7 but that was located in Ward 6 prior to [December 29, 2021], or [February 24, 2022].

§ 25–343. Special restrictions for off-premises retailer’s license in Ward 8.

(a) For the purposes of this section, the term “Ward 8” means the area defined as Ward VIII in § 1-1041.03(a) on [August 15, 2008].

(b) A licensee under an off-premises retailer’s license in Ward 8, class A or B, shall not divide a manufacturer’s package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less.

(b-1)(1) Notwithstanding subsection (b) of this section, the holder of a retailer license, class B, that meets the definition of a full-service grocery store as set forth in § 25-101(22A), or a 25% grocery store retailer license, class A, as set forth in § 25-333(f), in Ward 8 shall be allowed to divide a manufacturer's package of more than one container of beer, malt liquor, or ale to sell an individual container of the package that is 70 ounces or less.

(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.

(c) A licensee under an off-premises retailer’s license in Ward 8, class A or B, shall not sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.

(d)(1) Notwithstanding subsection (c) of this section, the holder of a retailer license, class B, that meets the definition of a full-service grocery store as defined in § 25-101(22A), or a 25% grocery store retailer license, class A, as set forth in § 25-333(f), in Ward 8 shall be allowed to sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.

(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.

(e) The restrictions set forth in subsections (b) and (c) of this section shall not apply to an off-premises retailer licensee, class A or B, that operated as a full-service grocery store or received an exception from the Board pursuant to § 25-346(c) that is in Ward 8 but that was located in Ward 6 prior to [December 29, 2021], or [February 24, 2022].

§ 25–344. Special restrictions for off-premises retailer’s license in Mt. Pleasant.

(a) For the purposes of this section, the term “Mt. Pleasant” means the area defined as ANC-1D, delimited by Piney Branch Parkway to the north, 16th Street to the east, Harvard Street to the south, and Adams Mill and Klingle Roads to the west, on [December 24, 2008].

(b) A licensee under an off-premises retailer’s license in Mt. Pleasant, class A or B, shall not:

(2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.

(Dec. 24, 2008, D.C. Law 17-287, § 2(b), 55 DCR 11993; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Editor's Notes

Section 4 of D.C. Law 17-287 provided: “Sec. 4. Rules. ”The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this act. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.”

§ 25–345. Ward 2 restrictions for off-premises retailer’s license.

(a) For the purposes of this section, the term “Ward 2” means the area defined as Ward II in § 1-1041.03 on [December 24, 2008].

(b) A licensee under an off-premises retailer’s license, class A or B, located in Ward 2, shall not:

(2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less, as well as spirits (liquor) sold in half-pints or smaller volumes.

(c)(1) An existing licensee may apply to the Alcoholic Beverage and Cannabis Board for an exception to the restrictions in subsection (b) of this section. The Board shall notify the Advisory Neighborhood Commission in which the licensee is located when a licensee applies for an exception and provide a copy of the application. The copy of the application shall be provided at the address of the ANC’s office of record. The Board shall make its determination on the licensee application within 60 calendar days of receipt of the application.

(2) In making a determination on the licensee application under this subsection, the Board shall consider the following factors:

(A) The input, if any, of the ANC in which the licensee is located, as evidenced by a vote of the ANC, which shall be given great weight;

(B) Whether the exception will negatively impact the enforceability and effectiveness of the ban;

(C) The absence or presence of any primary or secondary tier violations within the 12 months immediately preceding the date of application, including sales to minors, use of premises for unlawful purposes, or sale to persons without a valid identification;

(D) Evidence of licensee participation in the community, such as attendance at ANC and Police Service Area community meetings; and

(E) Clear and convincing evidence that there have been no significant adverse community impacts, such as loitering, littering, or other anti-social behavior in the vicinity of the licensee establishment.

(3) A new licensee under an off-premises retailer’s license, class A or B, may not apply for an exception under this subsection within the first 12 months of having obtained a license under this title.

(d) The restrictions in subsection (b) of this section shall not apply to a licensee located in a federal building, or to a licensee that is a full-service grocery store, as described in this title.

§ 25–346. Ward 6 restrictions for off-premises retailer’s license.

(a) For the purposes of this section, the term “Ward 6” means the area defined as Ward VI in § 1-1041.03 on [December 24, 2008].

(b) A licensee under an off-premises retailer’s license, class A or B, located in Ward 6 shall not:

(2) In making a determination on the licensee application under this subsection, the Board shall consider the following factors:

(A) The input, if any, of the ANC in which the licensee is located, as evidenced by a vote of the ANC, which shall be given great weight;

(B) Whether the exception will negatively impact the enforceability and effectiveness of the ban;

(D) Evidence of licensee participation in the community, such as attendance at ANC and Police Service Area community meetings; and

(d) The restrictions in subsection (b) of this section shall not apply to a licensee located in a federal building, or to a licensee that is a full-service grocery store, as described in this title.