1001.1 An applicant for a new or an amended entertainment endorsement shall apply by a separate application form provided by ABRA. The application form shall include, at a minimum, information from the applicant in response to the following questions: (a) Do you intend to have entertainment?; (b) What is the nature of your entertainment?; (c) What hours will your entertainment occur?; (d) Do you intend to provide an area for dancing?; (e) What size will your dance area be?; and (f) Do you intend to have a cover charge?

1001.2 An application for a new entertainment endorsement may be filed with an application for a new license, class C/R, D/R, C/H, D/H, C/T, or D/T. The Board shall provide notice of both the new license application and the entertainment endorsement application at the same time pursuant to the requirements of D.C. Official Code §§ 25-421 through 25-423.

1001.3 An application for a new or amended entertainment endorsement filed by the licensee under an existing license, class C or D, shall be considered by the Board pursuant to the substantial change procedures set forth in D.C. Official Code § 25-404. The Board shall provide notice of entertainment endorsement applications that constitute a substantial change pursuant to the requirements of D.C. Official Code §§ 25-421 through 25-423.

1001.4 Pursuant to the requirements of § 1001.1(c), an applicant for an entertainment endorsement shall be required to list the hours it intends to begin and end entertainment, including live music; provided, that the applicant shall only be required to specify the hours of entertainment starting after 6:00 p.m.

1001.5 The licensee under a license, class C/R, D/R, C/H, D/H, C/T, or D/T, shall be eligible to receive automatic conversion to an entertainment endorsement for the entertainment, cover charge, and dancing activities for which the licensee has previously obtained permission from the Board. Automatically converted establishment shall be required to file an entertainment endorsement application, but shall be exempt from the procedures set forth in § 1001.3.

1001.6 The licensee under a license, class C/R, D/R, C/H, D/H, C/T, or D/T, may file a written request with the Board to amend its entertainment endorsement subject to the procedures set forth in §1001.3. An amendment to an entertainment endorsement shall not be required for changes to an establishment's entertainment or dancing format if:

(a) The licensee's entertainment endorsement is approved for entertainment or dancing; and

(b) The changes are not restricted by Board order or cooperative/settlement agreement

1001.7 The entertainment endorsement fee shall be twenty percent (20%) of an establishment's base license fee.

1001.8 A licensee shall provide entertainment only during the hours permitted under its Board-approved entertainment endorsement or by the terms of a valid settlement agreement. It shall be a violation of this subsection for an applicant to provide entertainment during hours not permitted by its entertainment endorsement or by the terms of a valid settlement agreement.

SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020).