DC Code § 25-113.01 (2021)
2021 District of Columbia Code|Title 25 - Alcoholic Beverages. [Enacted title]|Chapter 1 - General Provisions and Classification of Licenses|Subchapter II - Classification of Licenses and Permits|§ 25-113.01. License endorsements

 *NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) All license endorsements shall be placed on the applicant’s license. (b)(1) The licensee under a manufacturer’s license, class A, B, or C, holding an on-site sales and consumption permit or a retailer's license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, and D/B, shall obtain an entertainment endorsement from the Board to be eligible to have entertainment, a cover charge, or offer facilities for dancing. (2) The licensee under a manufacturer’s license, class A, B, or C, holding an on-site sales and consumption permit shall only provide entertainment between the hours of 8:00 a.m. and 12:00 a.m., 7 days a week. (c) The licensee under a manufacturer’s license class A, B, or C holding an on-site sales and consumption permit or an on-premises license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, D/X, C/B, and D/B, shall obtain a sidewalk café endorsement or summer garden endorsement from the Board to be eligible to conduct business operations on a sidewalk café or summer garden, which may include the sale, service, and consumption of alcoholic beverages on outdoor public or private space. The licensee under a manufacturer’s license class A, B, or C holding an on-site sales and consumption permit may be authorized to conduct business operations on a sidewalk cafe or summer garden only between the hours of 8:00 a.m. and 12:00 a.m., 7 days a week. (c-1) Notwithstanding subsection (c) of this section, an on-premises retailer's licensee, class C or D, or manufacturer's licensee, class A or B, with an on-site sales and consumption permit may conduct business on ground floor or street level outdoor public or private space, including the sale, service, and consumption of alcoholic beverages; provided, that the licensee complies with § 25-113(a)(6). (d) The license under an on-premises retailer's license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, D/X, C/X and class Arena C/X or a manufacturer's license class A or B holding an on-sites sales and consumption permit, shall obtain a sports wagering endorsement from the Board to be eligible to offer sports wagering. (e)(1) A licensee under a manufacturer's license class A or B holding 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/N, D/N, C/X, or DX, shall obtain a game of skill machine endorsement from the Board in order to offer a game of skill machine on the licensed premises. (2)(A) A game of skill machine shall not be placed on outdoor public or private space; except, that the Board, in its discretion, may allow for the placement of a game of skill machine on outdoor public or private space if, in the Board's determination, activity associated with the game of skill machine is: (i) Not visible from a public street or sidewalk; (ii) Adequately secured against unauthorized entrance; and (iii) Accessible only by patrons from within the establishment. (B) Subparagraph (A) of this paragraph shall not apply to a licensee operating a passenger-carrying marine vessel in accordance with § 25-113(h). (f)(1) Effective April 1, 2021, a licensee under an on-premises retailer's license, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, shall obtain a carry out and delivery endorsement from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District. (2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. (3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items. (4) The annual fee for a carry out and delivery endorsement shall be established by the Board in an amount not less than $200. (5) An on-premises retailer licensee that has registered with the Board under § 25-113(a)(3)(C) before April 1, 2021 ("registered licensee"), shall not be required to apply with the Board for an endorsement under this subsection, and the registered licensee shall be granted the carry out and delivery endorsement upon request to the Board, if the registered licensee makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021. (g)(1) Effective April 1, 2021, a Convention Center food and alcohol business that has registered with the Board under § 25-112(h), shall obtain a carry out and delivery license from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District. (2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. (3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items. (4) The annual fee for a carry out and delivery license shall be established by the Board in an amount not less than $200. (5) A Convention Center food and alcohol business that has registered with the Board under § 25-112(h) before April 1, 2021 ("registered Convention Center food and alcohol business"), shall not be required to apply with the Board for a license under this subsection, and the registered Convention Center food and alcohol business shall be granted a carry out and delivery license upon request to the Board, if the registered Convention Center food and alcohol business makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021. (6) Beginning June 30, 2022, and each year thereafter, ABRA shall submit an annual report to the Council on the outcomes of this section, including the number of on-premise licensees participating in the carry-out and delivery option, and the number of on- and off-premise retailer licensees that may have closed after the carry-out and delivery option was implemented  (Sept. 30, 2004, D.C. Law 15-187, § 301(c), 51 DCR 6525; designated § 301(d), Apr. 13, 2005, D.C. Law 15-354, § 102(a)(1), 52 DCR 2638; May 2, 2015, D.C. Law 20-270, § 2(a)(5), 62 DCR 1866; Oct. 22, 2015, D.C. Law 21-36, § 2062, 62 DCR 10905; Mar. 9, 2016, D.C. Law 21-84, § 2(a)(5), 63 DCR 781; Apr. 7, 2017, D.C. Law 21-260, § 2(a)(5), 64 DCR 2079; Oct. 30, 2018, D.C. Law 22-165, § 2(a)(6), 65 DCR 9366; Feb. 21, 2020, D.C. Law 23-51, § 2(a)(4), 67 DCR 13; Dec. 3, 2020, D.C. Law 23-149, § 6052(a)(3), 67 DCR 10493; Apr. 27, 2021, D.C. Law 23-280, § 8(a)(2), 68 DCR 001156; June 24, 2021, D.C. Law 24-9, § 204(a)(2), 68 DCR 004824.)  Effect of Amendments The 2015 amendment by D.C. Law 20-270 substituted “C/N, D/N, C/X, and D/X,” for “C/N, and D/N” in (c). The 2015 amendment by D.C. Law 21-36, in (c), added “a manufacturer's license class A or B holding an on-site sales and consumption permit or” in the first sentence, and added the last sentence. The 2016 amendment by D.C. Law 21-84 rewrote (b); and substituted “8:00 a.m. and 12:00 a.m.” for “1:00 p.m. and 9:00 p.m.” in (c). Emergency Legislation  For temporary (90 days) amendment of this section, see § 204(a)(2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see § 204(a)(2) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see § 3(a) of Revised Game of Skill Machines Consumer Protections Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-16, Feb. 26, 2021, 68 DCR 002559).   For temporary (90 days) amendment of this section, see § 3(a)(2)(C) of Revised Game of Skill Machines Consumer Protections Emergency Amendment Act of 2020 (D.C. Act 23-479, Oct. 1, 2020, 67 DCR 13284).   For temporary (90 days) amendment of this section, see § 204(a)(3) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see § 5(b) of Coronavirus Support Clarification Emergency Amendment Act of 2020 (D.C. Act 23-332, July 7, 2020, 67 DCR 8609).   For temporary (90 days) amendment of this section, see § 2(a)(2) of Games of Skill Consumer Protection Emergency Amendment Act of 2020 (D.C. Act 23-229, Feb. 27, 2020, 0 DCR 0).  For temporary (90 days) amendment of this section, see § 2062 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). Temporary Legislation  For temporary (225 days) amendment of this section, see § 204(a)(2) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see § 3(a)(2)(C) of Revised Game of Skill Machines Consumer Protections Temporary Amendment Act of 2020 (D.C. Law 23-257, Mar. 16, 2021, 67 DCR 13932).   For temporary (225 days) amendment of this section, see § 204(a)(3) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).   For temporary (225 days) amendment of this section, see § 2(a)(2) of Games of Skill Consumer Protection Temporary Amendment Act of 2020 (D.C. Law 23-93, May 6, 2020, 67 DCR 3522).