6115576 Resolution 21-536, Grocery Store Restrictive Covenant Prohibition Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-536

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

June 28, 2016        

 

                                                                                                                                             

To declare the existence of an emergency with respect to the need to establish that it shall be unlawful for the owner or operator of a grocery store to impose a restrictive land covenant or use restriction on the sale, or other transfer, or lease of real property used as a grocery store that prohibits the subsequent use of the property as a grocery store.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Grocery Store Restrictive Covenant Prohibition Emergency Declaration Resolution of 2016”.

 

Sec. 2.  (a) In late 2014, it was reported that the Safeway at 4865 MacArthur Boulevard was offered for sale.  In previous store and property sales, Safeway required that a purchaser of its property agree to a covenant prohibiting reuse of the property for a similar or analogous use; that is, that the property may not be used as a grocery store or retail food establishment of any kind. This type of restriction is harmful to residents. And, in the Macarthur Boulevard instance, it is harmful to the residents of the neighborhood as the next closest grocer is approximately 2.5 miles away.

(b) Restrictive covenants and other use restriction policies related to grocery stores are harmful and limit a community’s access to fresh food.

(c) Maintaining a grocery store within an urban neighborhood is vital, particularly since many residents rely heavily on walking as a means of access to fresh food.

(d) Seniors and low-income residents especially rely on food retailers in close proximity to their homes as they often face mobility challenges or have limited access to vehicles.

(e) A lack of stores offering healthy food options leads to unhealthy food choices and related health problems.

(f) These restrictive covenants are contrary to the American standard of a free market and open competition.

(g) As development in the District continues and the city sees continued population increases, it is vital that every neighborhood has access to essential grocery-store services. Restrictive covenants undermine food-services competition and the advent of revitalized communities with large and small retailers, including independent butchers and bakeries.

(h) The circumstances described in this section underscore the need for the Council to act to prohibit such restrictive covenants and prevent the creation of food deserts in the District.

(i) Further, this emergency legislation is necessary as the temporary legislation currently in effect, the Grocery Store Restrictive Covenant Prohibition Temporary Act of 2015, effective January 30, 2016 (D.C. Law 21-54; 62 DCR 15595), will expire on September 11, 2016, and the permanent legislation, the Grocery Store Restrictive Covenant Prohibition Act of 2015, as introduced on February 3, 2015 (Bill 21-60), has not yet been enacted by the Council.

 

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Grocery Store Restrictive Covenant Prohibition Emergency Act of 2016 be adopted after a single reading.

 

Sec. 4. This resolution shall take effect immediately.