§ 25-332. Moratorium on class B licenses.

Current through October 23, 2012

(a) No new off-premises retailer's license, class B, shall be issued.

(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 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;

(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 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;

(4) 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 during the preceding 12 months in which an application is made; and

(5) 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.

                
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(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.)

HISTORICAL AND STATUTORY NOTES

D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.

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.

Temporary Amendments of Section

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 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

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).

Legislative History of Laws

For D.C. Law 13-298, see notes following § 25-101.

For Law 14-190, see notes following § 25-101.

For Law 15-187, see notes following § 25-101.

For history of Law 19-23, see notes under § 25-101.