{"data":{"id":"us-dc/d.c.-code-25-333","jurisdiction":"us-dc","citation":"D.C. Code § 25-333","heading":"Limitation on the distance between off-premises retailer’s licenses.","body":"(a)\nNo 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:\n(1)\nA 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\n(2)\nAn off-premises retailer's license, class AI, that is located within 400 feet of an off-premises retailer's license, class A.\n\n(b)\nNo 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:\n(1)\nA 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\n(2)\nAn off-premises retailer's license, class BI, that is located within 400 feet of an off-premises retailer's license, class B.\n\n(c)\nThis 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:\n(1)\nThe off-premises retailer's license, class B, meets the definition of a full-service grocery store, as defined in § 25-101(22A);\n(2)\nThe sale of alcoholic beverages constitutes no more than 15% of the total volume of gross receipts on an annual basis;\n(3)\nThe 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\n(4)\nThe opinion of the ANC, if any, has been given great weight.\n\n[(c-2)]\n(1)\nNotwithstanding 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..\n(2)\nAfter 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.\n(3)\nFor 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.\n\n(d)\nThis section shall not prohibit the issuance of a retailer’s license, class A or B, if the:\n(1)\nApplicant’s establishment will not be open to the public; and\n(2)\nSale of alcoholic beverages will occur only through the Internet.\n\n(e)\nThis section shall not prohibit the issuance of a retailer's license, class B, if the applicant's establishment will:\n(1)\nBe located inside of a hotel; and\n(2)\nHave no direct public access to the street or the outside of the hotel's building.\n\n(f)\n(1)\nThis section shall not prohibit the issuance of a 25% grocery store class A retailer license for the sale of alcoholic beverages if:\n(A)\nThe 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);\n(B)\nThe establishment's primary business and purpose is the sale of at least 6 of the 7 following food categories:\n(i)\nFresh fruits and vegetables;\n(ii)\nFresh and uncooked meats, poultry, or seafood;\n(iii)\nDairy products;\n(iv)\nCanned foods;\n(v)\nFrozen foods;\n(vi)\nDry groceries and baked goods; or\n(vii)\nNon-alcoholic beverages;\n(C)\nA 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;\n(D)\nThe 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\n(E)\nThe establishment files with the Board within 60 days after the end of each year a statement of expenditures and receipts (\"annual statement\") containing:\n(i)\nThe total amount of receipts for the sale of alcoholic beverages, indicating the:\n(I)\nAmount received for the sale of alcoholic beverages;\n(II)\nAmount received for the sale of food and items other than alcoholic beverages; and\n(III)\nPercentage of the total amount of receipts represented by the amounts specified in sub-sub-subparagraphs (I) and (II) of this sub-subparagraph;\n(ii)\nA statement indicating the method used to compute the amounts and percentages; and\n(iii)\nAn 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.\n(2)\nFor 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.","path":["Title 25. Alcoholic Beverages. [Enacted title]","Chapter 3. Requirements To Qualify For License.","Subchapter III. Denial of License."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/25-333","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"bf868cac8f8da92e043742b34d15c140b1b4e5feee88b38bf46f99419c00e293","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-25-332","next":"us-dc/d.c.-code-25-334"},"notice":"GroundRules: Original legal text. Not legal advice."}