4177613 Alcoholic Beverage Regulation Administration - Proposed Rulemaking - Full Service Grocery Store
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ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION
ALCOHOLIC BEVERAGE CONTROL BOARD
NOTICE OF PROPOSED RULEMAKING
The Alcoholic Beverage Control Board (Board), pursuant to the authority set forth in D.C. Official Code §§ 25-211(b) and Mayor’s Order 2001-96 (June 28, 2001) as revised by Mayor’s Order 2001-102 (July 23, 2001), hereby gives notice of its intent to adopt the following proposed rules that would add a definition of a full-service grocery store to § 199 of Title 23 of the District of Columbia Municipal Regulations (DCMR), pursuant to the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (Act), effective January 14, 2013 (D.C. Act 19-597, 60 DCR 1001), or any similar succeeding legislation. The proposed rules define what constitutes a full service grocery store, in order to effectuate the purpose of the full-service grocery store exception to the existing moratorium on the issuance of new off-premises Class B retailer’s licenses. This rulemaking is also necessary to address a specific provision of the Act which requires the Board to undertake a rulemaking defining the term “full service grocery store” within forty-five (45) days of the effective date of the Act.
Pursuant to D.C. Official Code § 25-211(b)(2) (2011 Supp.), these proposed rules are also being transmitted to the Council of the District of Columbia (Council) for a ninety (90) day period of review. These rules shall not become effective absent approval by the Council.
These proposed rules were adopted by the Board on January 16, 2013 by a five (5) to zero (0) vote.
Title 23, ALCOHOLIC BEVERAGES, of the D.C. Municipal Regulations is amended as follows:
Section 199, DEFINITIONS, of Chapter 1, PROVISIONS OF GENERAL APPLICABILITY, is amended by adding the definition of “full-service grocery store” after the definition of “fact-finding hearing”, which shall read as follows:
“Full-service grocery store” –
(A) a self-service retail establishment independently owned or part of a corporation operating a chain of retail establishments under the same trade name that:
(i) Is licensed as a grocery store under § 47-2827; and
(ii) Offers a full line of at least four (4) of the five (5) following types of products on a continuous basis:
a. Fresh, uncooked, or unprocessed meat, poultry, or fish, or any combination thereof;
b. Fresh, uncooked or unprocessed fruits or vegetables, or any combination thereof;
c. Breads, cereals, or baked goods, or any combination thereof;
d. Dairy products; or
e. Dry groceries (e.g., baking soda, coffee, cornmeal, flour, nuts, oil, salt, spices, sugar, teas, or whole grains).
(B) In addition to meeting the requirements of paragraph (A), in order to qualify as a full-service grocery store a retail establishment must dedicate either:
(i) Fifty percent (50%) or more of its retail space to at least four (4) of the five (5) product categories listed in paragraph (A); or
(ii) A minimum of six thousand square feet (6,000 sf) to the products listed in paragraph (A).
(C) An establishment that qualifies as a full-service grocery store under either paragraph (B)(i) or (B)(ii), must also dedicate at least five percent (5%) of its total retail space to each of the four (4) of the five (5) product categories listed in paragraph (A). The remaining space set aside for the product categories listed in paragraph (A) may be dedicated to the sale of products that meet the criteria of paragraph (A) at the licensee’s or applicant’s discretion.
(D) A “full-service grocery store” may include other retail service departments, such as a kitchen, bakery, pharmacy, or flower shop, of a retail establishment that meets the criteria set forth in paragraph (A) of this paragraph.
(E) The definition of “full-service grocery store” contained in this subsection shall have a prospective effect and shall only apply to license applications pending or issued after the effective date of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012, effective January 14, 2013, D.C. Act 19-597.
Copies of the proposed rulemaking can be obtained by contacting Martha Jenkins, General Counsel, Alcoholic Beverage Regulation Administration, 2000 14th Street, N.W., Washington, D.C. 20009. All persons desiring to comment on the proposed rulemaking must submit their written comments, not later than thirty (30) days after the date of publication of this notice in the D.C. Register, to the above address.
