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. (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. (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 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 in the calendar year in which an application is made; (5) 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.