(a) Except as provided in subsection (d) of this section, a license holder may not devote more than 10,000 square feet of floor space to off-sale use. (b) (1) Except as provided in subsection (d) of this section, floor space is the space devoted to the sale of alcoholic beverages for off-premises consumption, including: (i) a basement on the licensed premises; and (ii) any other area off the licensed premises where the alcoholic beverages are lawfully stored. (2) For a license with only an off-sale privilege, floor space is the space within the four walls of the building from which the licensed establishment operates. (3) For a license with on-sale and off-sale privileges, floor space is the space actually used for the sale, display, or storage of alcoholic beverages. (c) (1) The floor space used for the sale, display, or storage of alcoholic beverages may not be expanded beyond 10,000 square feet. (2) The Board is not required to approve a request by a license holder to expand the floor space devoted to off-sale use up to 10,000 square feet unless the Board finds evidence, based on the evidence presented to the Board, that: (i) the expansion is necessary to accommodate the public; and (ii) the license holder otherwise continues to meet the criteria for the issuance or transfer of a license and any other condition that the Board imposes. (d) (1) A food store for which a license was issued on or before January 1, 1995: (i) is exempt from the 10,000 square foot floor space restriction under subsection (a) of this section; (ii) may have the license renewed or ownership or location of the license transferred even if the food store had more than 10,000 square feet devoted to off-sale use; but (iii) may not expand the square footage of its alcoholic beverages department, including sales, display, and storage areas, beyond 10,000 square feet. (2) The 10,000 square foot limit specified under paragraph (1)(iii) of this subsection is to be determined without regard to the total area available within the four walls of the establishment.
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