§ 25-332 — Moratorium on class B licenses.

District of Columbia § 25-332

• Jurisdiction: District of Columbia
• Title 25: Alcoholic Beverages. [Enacted title]
• Ch. 3: Requirements To Qualify For License.
• Subch. III: Denial of License.

Text

(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.

Legislative History

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