§ 47–2820. Theaters, moving pictures, skating rinks, dances, exhibitions, lectures, entertainments; assignment of police and firemen and additional fees based thereon; hours minors are prohibited on premises.

(a) Owners or managers of theaters in which moving pictures are displayed, for profit or gain, shall pay a license fee of $830 biennially.

(b) Owners or managers of buildings in which skating rinks, fairs, carnivals, balls, dances, exhibitions, lectures, or entertainments of any description including theatrical or dramatic performances of any kind are conducted, for profit or gain, shall pay a license fee of $500 per annum; provided, that for entertainments, concerts, or performances of any kind where the proceeds are intended for church or charitable purposes, and where no rental is charged, no license shall be required; provided further, that when, in the opinion of the Chief of Police and the Fire Chief of the District of Columbia, or either of them, it is necessary to post policemen or firemen, or both, at, on, and about the licensed premises for the protection of the public safety, in addition to the license fee provided for above, such owners or managers shall pay a further monthly permit fee, to be determined monthly by the said Chief of Police and Fire Chief, or either of them, based upon a reasonable estimate of the number of hours to be spent by policemen and firemen at, on, and about the licensed premises, this fee to be payable in advance on the first day of the month for which the permit is sought. Policemen and firemen so assigned shall be charged for by the hour at the basic daily wage rate of policemen and firemen so assigned in effect the first day of the month for which the permit is sought.

(b-1)(1)(A) Before granting or renewing a license under subsection (b) of this section, the Mayor shall give 30-days notice by mail to the affected Advisory Neighborhood Commission and by publication in the District of Columbia Register. The notice shall contain the name of the applicant and a description, by street and number, or other plain designation, of the particular location for which the license is requested. The notice shall state that any resident or owner of residential property within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects to the granting of the license is entitled to be heard before the granting or renewal of the license and shall name the time and place of the hearing.

(B) The applicant shall post 2 notices for a period of 4 weeks in conspicuous places on the outside of the premises. The notices to be posted shall state that any resident or owner of residential property within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects to the license is entitled to be heard before the granting or renewal of the license and shall name the same time and place for the hearing as set out in the notice mailed and published by the Mayor.

(C) If an objection to the granting or renewal of the license is filed, no final action shall be taken by the Mayor until the resident or owner of residential property within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects has an opportunity to be heard, under the rules and regulations to be issued by the Mayor.

(2) Upon objection, a hearing shall be held by the Mayor to determine the following:

(A) The effect of the establishment on the peace, order, and quiet of the neighborhood or portion of the District of Columbia; and

(B) The effect of the establishment on the residential parking needs and vehicular and pedestrian safety of the neighborhood.

(3) The Mayor shall rule on the application within 30 days of the hearing.

(4) The license shall be renewed annually.

(b-2) Any applicant who holds a valid class C or D license issued pursuant to Chapter 1 of Title 25 and who holds a certificate of occupancy for less than 401 persons shall be exempt from the provisions of subsection (b)(1) of this section.

(d) [Repealed].

(e) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

(July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 20; July 1, 1932, 47 Stat. 553, ch. 366; June 29, 1948, 62 Stat. 1109, ch. 735, §§ 1, 2; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(l), 23 DCR 2461; Mar. 11, 1988, D.C. Law 7-88, § 2, 35 DCR 164; Sept. 29, 1992, D.C. Law 9-160, § 2, 39 DCR 5694; Sept. 26, 1995, D.C. Law 11-52, § 302(d), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(17), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(H), 50 DCR 6913; Sept. 30, 2004, D.C. Law 15-187, § 302(a), 51 DCR 6525; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(1), 52 DCR 2638; Apr. 11, 2020, D.C. Law 23-71, § 4, 67 DCR 2096; Mar. 22, 2023, D.C. Law 24-333, § 5(b), 70 DCR 1524.)

Prior Codifications

1981 Ed., § 47-2820.

1973 Ed., § 47-2320.

Effect of Amendments

D.C. Law 15-38, in subsec. (e), substituted “an Entertainment endorsement to a basic business license under the basic” for “a Class A Entertainment endorsement to a master business license under the master”.

D.C. Law 15-187, in subsec. (b-2), substituted “Title 25, and which holds a certificate of occupancy for less than 401 persons,” for “Title 25 shall be exempt from the provisions of subsection (b-1)”.

D.C. Law 15-354, in subsec. (b-2), validated a previously made technical correction.

Cross References

Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02.

Reimbursable details, § 25-798.

Applicability

Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

References in Text

Title 25, referred to in subsection (b-2) of this section, was amended and enacted by D.C. Law 13-298, effective May 3, 2001. Chapter 1 of former Title 25 embraced all sections in that title. For current provisions of Title 25, see § 25-101 et seq.

Editor's Notes

Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated “Deputy Chief of Police. Executive Officer”; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated “Deputy Chief of Police, Chief of Detectives”; and each other Assistant Superintendent of the Metropolitan Police was designated “Deputy Chief of Police” by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

Office of Chief Engineer abolished: The Office of Chief Engineer of the Fire Department was abolished and all functions of that office transferred to and vested in the Fire Chief. The Deputy Chief Engineer of the Fire Department was designated “Deputy Fire Chief,” and the Battalion Chief Engineer was designated “Battalion Fire Chief” by Reorganization Order No. 6, dated September 16, 1952, issued pursuant to Reorganization Plan No. 5 of 1952. Reorganization Order No. 38, dated June 18, 1953, established a Fire Department headed by the Fire Chief. The Fire Chief was given full authority over the Department to be exercised in accordance with applicable laws, rules and regulations. The Order set up the organization of the Department, and provided that the previously existing Fire Department was abolished and its functions transferred to the new Department. This Order was issued pursuant to Reorganization Plan No. 5 of 1952.

Delegation of Authority

Delegation of authority under D.C. Law 9-160, the District of Columbia Public Hall Regulation Amendment Act of 1992, see Mayor’s Order 92-130, October 22, 1992.