After [May 1, 2013], 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) . A condition of the license shall be that the sale of alcoholic beverages for consumption off-premises shall constitute no more than 25% of the total volume of gross receipts of the licensee on an annual basis. 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. The issuance of new retailer’s licenses, class B, under this subsection shall be audited by ABRA and subject to the reporting requirements set forth in § 25-112(e) . The moratorium shall have a prospective effect. 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: 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; The sale of alcoholic beverages constitutes no more than 15% of the total volume of gross receipts on an annual basis; 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; 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 during the preceding 12 months in which an application is made; and The opinion of the ANC, if any, has been given great weight. 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.
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