§ 25–345. Ward 2 restrictions for off-premises retailer’s license.

(a) For the purposes of this section, the term “Ward 2” means the area defined as Ward II in § 1-1041.03 on [December 24, 2008].

(b) A licensee under an off-premises retailer’s license, class A or B, located in Ward 2, shall not:

(1) Divide a manufacturer’s package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less; or

(2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less, as well as spirits (liquor) sold in half-pints or smaller volumes.

(c)(1) An existing licensee may apply to the Alcoholic Beverage and Cannabis Board for an exception to the restrictions in subsection (b) of this section. The Board shall notify the Advisory Neighborhood Commission in which the licensee is located when a licensee applies for an exception and provide a copy of the application. The copy of the application shall be provided at the address of the ANC’s office of record. The Board shall make its determination on the licensee application within 60 calendar days of receipt of the application.

(2) In making a determination on the licensee application under this subsection, the Board shall consider the following factors:

(A) The input, if any, of the ANC in which the licensee is located, as evidenced by a vote of the ANC, which shall be given great weight;

(B) Whether the exception will negatively impact the enforceability and effectiveness of the ban;

(C) The absence or presence of any primary or secondary tier violations within the 12 months immediately preceding the date of application, including sales to minors, use of premises for unlawful purposes, or sale to persons without a valid identification;

(D) Evidence of licensee participation in the community, such as attendance at ANC and Police Service Area community meetings; and

(E) Clear and convincing evidence that there have been no significant adverse community impacts, such as loitering, littering, or other anti-social behavior in the vicinity of the licensee establishment.

(3) A new licensee under an off-premises retailer’s license, class A or B, may not apply for an exception under this subsection within the first 12 months of having obtained a license under this title.

(d) The restrictions in subsection (b) of this section shall not apply to a licensee located in a federal building, or to a licensee that is a full-service grocery store, as described in this title.