(a) It shall be unlawful for the owner or operator of a grocery store or a food retail store to agree to the inclusion of a restrictive land covenant or other use restriction in a contract for the sale, lease, or other transfer of real property that prohibits the use of the real property as a grocery store or a food retail store or that prohibits the use of any property within one mile as a grocery store or a food retail store.
(b) A restrictive land covenant or other use restriction on real property of the type described in subsection (a) of this section shall be void and unenforceable.
(c) The prohibition imposed by this section shall not apply to an owner or operator of a grocery store or food retail store that terminates operations at a site for purposes of relocating the grocery store or food retail store to a comparable or larger site located in the District of Columbia within one-half mile of the site where the prior operations were terminated; provided, that relocation and commencement of the operation of the new grocery store or food retail store at the new site occurs within 2 years of the sale, transfer, or lease of the prior site, and that the restrictive covenant or other use restriction agreed upon with respect to the prior site does not have a term in excess of 3 years.
(d) For the purposes of this section, the term:
(1) "Food retail store" means a retail establishment with a primary business of selling food for consumption on-premise or off-premise.
(2) "Grocery store" means a retail establishment with a primary business of selling grocery products and that has a selling area that is used for a general line of food, including perishable food, and may also include household supplies, or prescription pharmacy merchandise.
(July 17, 2018, D.C. Law 22-138, § 2, 65 DCR 5964.)
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