An off-premises retailer’s license shall authorize the licensee to sell alcoholic beverages from the place described and to deliver the same in the barrel, keg, sealed bottle, or other closed container in which the same was received by the licensee, including the sale of growlers by the holder of an off-premise retailer licensee, class A, notwithstanding any other provision or restrictions of this title. An off-premises retailer’s licensee, class B, that is also a full-service grocery store meeting the requirements of § 25-331(d) , may also sell beer in growlers. The Board shall promulgate rules within 45 days of [January 14, 2013], to provide a definition of “full-service grocery store” as used in this title. Notwithstanding subchapter III of Chapter 3 of this title , the Board shall not issue any new full-service grocery store, off-premises retailer’s class B licenses for 45 days from [January 14, 2013] or until the rulemaking required by this paragraph has been promulgated and approved by the Council, whichever date is sooner. Upon approval by the Council of the regulations promulgated by the Board pursuant to this paragraph, the Council shall incorporate the definition of “full-service grocery store” into § 25-101 . The barrel, keg, sealed bottle, or other closed container shall not be opened, except for the sale of growlers, or the contents consumed, at the licensed establishment. The license shall not authorize the licensee to sell to other licensees for resale; provided, that the licensee under an off-premises retailer’s license, class A, may sell to: Caterers licensed under § 25-113(i) ; [Expired]; Licensees under a temporary license or an on-premises retailer’s license, class C or D, if the alcoholic beverages were purchased by the off-premises retailer from a licensee under a wholesaler license or brought into the District under a validly issued import permit; provided, that the sales to an on-premises retailer’s class C and D license, may be made only on a Saturday, Sunday, or holiday during the hours when licensees under a wholesaler’s license are closed; provided further, that an on-premises retailer’s licensee shall maintain on the licensed premises for 3 years either a receipt or invoice containing: The date of the purchase; The quantity and brand name of the alcoholic beverages purchased; and The name of the on-premises licensee to which the sale was made; and If the licensee that is a member of a pool buying group, to other members of the same pool buying group any alcoholic beverages if: A pool member other than the buying agent transfers to another pool member any portion of the alcoholic beverages ordered by the transferee retailer as part of the single transaction pool purchase; A transfer pursuant to this section is made within 7 days of the pool delivery without any cost or charge whatsoever being made against the transferee retailer; The acquisition of alcoholic beverage products is recorded in an invoice maintained by both participating retailers for 3 years and includes: Business name, address, and license number of each licensee; Names, sizes, and quantities of the products transferred; Date that the delivery of products was received; Date that the physical transfer of products was made; Unique identifier that links the record with a specific pool order; and The resale certificate number of the licensee acquiring the products for resale. There shall be 2 classes of off-premises retailer’s licenses: A retailer’s license, class A, shall authorize the licensee to sell spirits, beer, and wine. A retailer’s license, class B, shall authorize the licensee to sell beer and wine. The licensee under an off-premises retailer’s license, class B, who qualifies for the license as a result of the application of § 25-303(c) , § 25-331(d) , § 25-332(c) , or § 25-333(c) , shall: File with the Board, within 60 days after the end of each year, a statement of expenditures and receipts by the licensed establishment containing the following: The total amount of receipts for the sale of alcoholic beverages, indicating the amount received for the sale of alcoholic beverages, the amount received for the sale of food, and the percentage of the total amount of receipts represented by each amount; A statement indicating the method used to compute the amounts and percentages; and An affidavit, executed by the individual licensee, partner of an applicant partnership, or the appropriate officer of an applicant corporation or limited liability company, attesting to the truth of the annual statement. The annual accounting period, for the purposes of the annual report, shall correspond to each of the 3 years for which a license is issued. The making of a false statement on an annual statement shall constitute grounds on which the Board may deny the renewal of a license, or subsequently revoke the license, if the renewal of the license is based in whole or in part on the contents of the false statement.
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