Code of the District of Columbia

§ 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.

(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.