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DC WINERY v. ALCOHOLIC BEVERAGE CONTROL

No. 22-AA-0017.

299 A.3d 574 (2023)

DC WINERY, LLC, T/A District Winery/Ana Restaurant & Bar, Petitioner, v. D.C. ALCOHOLIC BEVERAGE CONTROL BOARD, Respondent.

District of Columbia Court of Appeals.

Decided August 10, 2023.

Attorney(s) appearing for the Case

Christopher L. LaFon , with whom Andrew J. Kline was on the brief, for petitioner.

Marcella Coburn , Assistant Attorney General, with whom Karl A. Racine , Attorney General for the District of Columbia at the time the brief was filed, Caroline S. Van Zile , Solicitor General, Ashwin P. Phatak , Principal Deputy Solicitor General, and Thais-Lyn Trayer , Deputy Solicitor General, were on the brief, for respondent.

Before Beckwith and McLeese, Associate Judges, and Steadman, Senior Judge.

By statute, the District of Columbia requires a licensee dealing in alcoholic beverages to store its inventory within the District. Petitioner DC Winery, which stored part of its inventory in Virginia, claims that this provision is unconstitutional as violative of the "dormant Commerce Clause" and is not saved by § 2...

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