§ 25–128. Farmer’s market license.

(a) A farmer’s market license shall authorize the licensee to permit the holder of a manufacturer’s license, class A, B, or C, or brew pub endorsement, wine pub endorsement, or distillery pub endorsement to conduct tastings and sell beer, wine, and spirits manufactured by the licensee in the District at a farmer’s market for off-premises consumption.

(b)(1) The holder of a farmer’s market license shall not charge for tastings.

(2) Tastings shall be limited to the sample sizes set forth in § 25-118(c). The tasting of alcoholic beverages shall be conducted at the vendor’s table or booth. Patrons shall not be permitted to walk around the farmer’s market with alcoholic beverage samples.

(3) The hours of alcoholic beverage tastings and off-premise sales shall only occur between 8 a.m. and 9 p.m.

(d) To qualify for a farmer’s market license, the market shall:

(1) Have at least 6 vendors who produce, grow, or raise the products they sell;

(2) Operate at least 2 hours per market day but no more than 7 hours per market day;

(3) Operate a minimum of 6 farmer’s markets in a one-year period, but no more than twice per week; and

(4) Be registered with the Office of Tax and Revenue to make retail sales in the District.

(e)(1) The issuance of a farmer’s market license shall be solely at the discretion of the Board.

(2) The Board may deny the license application if the applicant has failed to control the environment of a previous farmer’s market event or has sustained community complaints or police action.

(f)(1) There shall be 2 classes of farmer’s market licenses:

(A) Class J (beer and wine); and

(B) Class K (spirits, beer, and wine).

(2) The minimum annual fee for a class J license shall be $300. The minimum annual fee for a class K license shall be $500.

(g) The licensed vendor shall be permitted to receive deliveries from a manufacturer or wholesaler for up to 48 hours before a farmer’s market event occurring on a Saturday, Sunday, or a legal District or federal holiday; provided, that the alcoholic beverages delivered pursuant to this subsection shall not be consumed until the date and time of the farmer’s market event and shall be stored at a secure location before the event.

(h) The holder of a manufacturer’s license class A or B or brew pub endorsement, wine pub endorsement, or distillery pub endorsement shall be permitted to conduct free tastings and to sell bottles or other closed containers of alcoholic beverages manufactured by the licensee in the District at a location holding a farmer’s market license for off-premises consumption.

(i) An applicant for a farmer’s market license shall submit to the Board an initial list of all vendors licensed under this title that will conduct free tastings and sell alcoholic beverages for off-premises consumption a minimum of 15 days before the first farmer’s market event. An applicant for a farmer’s market license may add additional vendors licensed under this title by submitting to the Board an updated list of vendors a minimum of 15 days before the farmer’s market event date that the additional vendors intend to participate.