D.C. Mun. Regs. tit. 23, r. 23-505
Current through Register Vol. 71, No. 44, November 1, 2024
Rule 23-505 - ARCHITECTURAL DRAWING505.1 An applicant for a new off-premises retailer's license, class B, that meets the definition of a full-service grocery store (hereinafter referred to as a "full-service grocery store") shall submit with their application an architectural drawing of their floorplan that satisfies the full-service grocery store requirements set forth in 23 DCMR § 199 and includes, at a minimum, the dimensions (i.e., length and width measurements) and total square footage of the establishment's:
(a) Entire leased or operated area;(d) Food-selling area; and(e) Non-food selling area.505.2 For purposes of this section, the following terms shall have the meanings ascribed:
(a)Entire leased or operated area- the portion of the building where the retail establishment is located and is under the applicant's control.(b)Food category- includes the following products: (1) Fresh fruits and vegetables;(2) Fresh and uncooked meats, poultry, and seafood;(6) Dry groceries and baked goods; and(7) Non-alcoholic beverages.(c)Food-selling area - the portion of the retail establishment that is dedicated to the sale of the seven (7) food categories as defined in paragraph (b) of this subsection.(d)Non-food selling area - the portion of the retail establishment that is dedicated to selling of items other than the seven (7) food categories as defined in paragraph (b) of this subsection.(e)Non-selling Area - the portion of the retail establishment that is not open to the public (e.g., storage areas, preparation areas, and administrative offices) and the establishment's restrooms.(f)Selling area - the area in the retail establishment that is open to the public and does not include storage areas, preparation areas or restrooms.505.3 An applicant for a full-service grocery store license must establish that either:
(a) A minimum of fifty percent (50%) of the store's square feet of selling area is dedicated to the sale of the seven (7) food categories; or(b) A minimum of six thousand square feet (6,000 sq. ft.) of the store's selling area is dedicated to the sale of the seven (7) food categories.505.4 The architectural drawing for an establishment whose selling area is dedicated to the sale of the seven (7) food categories or is equal to or greater than six thousand square feet (6,000 sq. ft.) shall identify the portion of the store that is being sought to qualify under the full- service grocery store definition.
505.5 The architectural drawing shall include the dimensions (i.e., length and width measurements) for each of the establishment's shelving or display cases and flooring used for displaying items identified in the seven (7) food categories. The architectural drawing shall also include the dimensions of the publicly accessible areas, including but not limited to the publicly accessible store aisles.
505.6 The architectural drawing shall include the following:
(a) The display area dedicated to each of the seven (7) food categories which shall, themselves, be identified and color-coded on the applicant's proposed floor plan;(b) A listing of the total square footage of the selling area dedicated to each of the seven (7) food categories; and(c) The square footage of each individual display area if one food category is divided between two (2) or more unconnected display areas separated by an area not associated with the food category (i.e., non-food selling area, non-selling area or different food category).505.7 For purposes of this section, the following shall apply:
(a) The square footage of the "selling area" dedicated to a food category shall be calculated by adding up to three feet (3 ft.) of available aisle space in all directions to the length and width of the dimensions of the display area containing the items of the food category;(b) The square footage of an applicant's non-selling area shall be calculated by adding together the square footage of each area of the retail establishment that is not open to the public (e.g., storage and food preparation areas) and the establishment's restrooms;(c) The total selling area shall be calculated by subtracting the establishment's non-selling area from the total square footage of the establishment's entire leased or operated area;(d) The non-food selling area shall be calculated by adding together the square footage of each selling area dedicated to items other than the seven (7) food categories (i.e., non- food items). The square footage of a selling area dedicated to non- food items shall be calculated by adding up to three (3) feet of available aisle space in all directions to the length and width of the dimensions of the display area holding the non-food items;(e) The food selling area shall be calculated by subtracting the establishment's non- food selling area from t he establishment's selling area; and(f) The amount of a store's square footage of selling area dedicated to the sale of each of the seven (7) food categories shall be calculated by dividing the establishment's food selling area (numerator) by the establishment's total selling area (denominator). 505.8 The indoor seating area shall also be measured as part of an establishment's nonfood selling area, whereas the establishment's outdoor seating area shall not be measured as part of the establishment's selling area or non-food selling area.
505.9 An applicant for a full-service grocery store class B retailer's license must dedicate a minimum of five percent (5%) of the store's food selling area to at least six (6) of the seven (7) food categories. The amount of the store's food selling area dedicated to each food category shall be calculated by dividing the total square footage of the selling area dedicated to that particular food category (numerator) by the square footage of the establishment's total food selling area (denominator).
D.C. Mun. Regs. tit. 23, r. 23-505
Final Rulemaking published at 65 DCR 7926 (7/5/2019)