§ 25–113.01. License endorsements.

(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 6:00 a.m. to 1:00 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 6:00 a.m. and 1:00 a.m., 7 days a week.

(c-1) Notwithstanding subsection (c) of this section, an on-premises retailer licensee, class C or D, or a manufacturer licensee, class A, B, or C, with an on-site sales and consumption permit may conduct business on a 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, ABCA 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