1002.1 The holder of a manufacturer's license, class A, B, or C, that possesses an on-site sales and consumption permit, or an on-premises retailer's license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, or D/B shall obtain an entertainment endorsement to have a cover charge. For purposes of this section, a cover charge is a fee required by an establishment to be paid by patrons for admission that is not directly applied to the purchase of food or drink.

1002.2 An applicant shall follow the entertainment endorsement application and notice procedures set forth in § 1001; provided, that an entertainment endorsement application that solely requests approval from the Board to charge a cover charge shall not be considered a substantial change under D.C. Official Code § 25-404. Opposition to a cover charge shall also not be considered grounds for filing an objection under D.C. Official Code § 25-602(a) to an entertainment endorsement application.

1002.3 The licensee under a license, class C/N or D/N, shall be permitted to have a cover charge without an entertainment endorsement unless restricted by Board order or cooperative/voluntary agreement.

1002.4 The licensee under a license, class C or D, with a certificate of occupancy over 400 persons shall also be required to obtain a public hall certificate of occupancy from the Zoning Administrator and an entertainment endorsement for a public hall from the Department of Consumer and Regulatory Affairs pursuant to D.C. Official Code § 47-2820 to be eligible to charge a cover charge.

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 67 DCR 14479 (December 11, 2020).