§ 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.
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Current through October 23, 2012
(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.
(c)(1) Except as provided in paragraph (2) of this subsection, after 11:30 p.m. on Sundays through Thursdays except days preceding holidays and after 1:00 a.m. on Saturdays, Sundays, and legal holidays until 8:00 a.m. of each day, owners or managers of facilities licensed under the provisions of this section shall not permit any minor to be present on the licensed premises.
(2) Paragraph (1) of this subsection shall not apply to owners or managers:
(A) Of theaters when displaying moving pictures; or
(B) Of buildings in which fairs, carnivals, exhibitions, lectures, and theatrical or dramatic performances are being conducted.
(d) The Department of Consumer and Regulatory Affairs shall suspend the license of any licensee determined to have violated the provisions of subsection (c) of this section. The period of suspension shall not exceed 1 year for each violation. A licensee alleged to be in violation shall be entitled to a hearing in accordance with § 1-1509.
(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.)
HISTORICAL AND STATUTORY NOTES
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.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of District of Columbia Public Hall Regulation Temporary Amendment Act of 1991 (D.C. Law 9-23, August 17, 1991, law notification 38 DCR 5790).
For temporary (225 day) amendment of section, see § 2(b), (c), of District of Columbia Public Hall Regulation Temporary Amendment Act of 1992 (D.C. Law 9- 131, July 22, 1992, law notification 39 DCR 5812).
Temporary Addition of Section
Sections 2 through 4 of D.C. Law 15-201, as amended by section 2 of D.C. Law 15-314, added provisions to read as follows:
"Sec. 2. Definitions.
"For the purposes of this act, the term:
"(1) 'Congestion' means the significant increase in vehicular or foot traffic within the police service area where the venue is operated over a period of time not to exceed 8 hours that is associated with patrons congregating to attend and leave the venue.
"(2) 'Reimbursable detail' means an assignment of on-duty officers of the Metropolitan Police Department to patrol the surrounding area of each entrance of a public venue for the purpose of maintaining public safety, including the remediation of traffic congestion and the safety of public patrons, during their approach and departure from the venue.
"(3) 'Venue' means a place where the congregation of the public leads to:
"(A) Street closures;
"(B) Traffic congestion; or
"(C) Unusual and significant increases in foot or vehicular traffic within or surrounding the entrance of a commercial building, place of public assembly, establishment required to have a license under D.C. Official Code § 25-102, school, public hall or any establishment or private function, or parking lots regularly used to attend functions at these places.
"(4) 'Venue operator' means an individual, corporation or proprietorship with a license to hold an event for-profit at an establishment that leads to congestion surrounding the venue."
"Sec. 3. Responsibility of venue operators.
"All regular venue operators shall meet with the Metropolitan Police Department ('MPD') to develop an agreement with the MPD when holding a function for profit that leads to an unusual and significant increase in foot or vehicular traffic to and from the police service area where the venue is located. This agreement shall:
"(1) Provide procedures for the venue operator to inform the MPD when congestion of city streets within the police service area where the venue is located is expected to occur;
"(2) Provide procedures for establishing reimbursable details at each venue as requested by the venue operator;
"(3) Provide procedures for compensation of the MPD when reimbursable details are requested by the venue operator; and
"(4) Provide the MPD with the obligation to staff reimbursable details as requested by the venue operator."
"Sec. 4. Responsibility of the Metropolitan Police Department.
"(a) Subject to adequate staffing of the police service areas, the MPD shall staff reimbursable details as requested by venue operators. Where a venue results in unusual and significant increases in vehicular or foot traffic and congestion of city streets, the MPD may establish a detail and charge the venue operator or group of venue operators for the presence of those MPD officers required to maintain the flow of traffic and public safety within the police service area where the venue is located.
"(b) Nothing in this section shall be construed as authorizing the Metropolitan Police Department to charge operators of not-for-profit events for MPD details at a venue or within the police service area where the venue is located."
Section 6(b) of D.C. Law 15-201 provides that the act shall expire after 225 days of its having taken effect.
Section 4(b) of D.C. Law 15-314 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 302(d) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 302(d) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary amendment of D.C. Act 11-44, see § 303 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary (90 day) amendment of section, see § 3(hh)(4)(H) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
For temporary (90 day) addition, see §§ 2 to 4 of Public Congestion and Venue Protection Emergency Act of 2004 (D.C. Act 15-452, June 23, 2004, 51 DCR 6723).
For temporary (90 day) addition, see §§ 2 to 4 of Public Congestion and Venue Protection Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15- 545, October 12, 2004, 51 DCR 9839).
For temporary (90 day) amendment of section, see §§ 2, 3 of Public Congestion and Venue Protection Emergency Amendment Act of 2004 (D.C. Act 15-613, November 30, 2004, 51 DCR 11435).
For temporary (90 day) amendment of section, see § 2 of Public Congestion and Venue Protection Congressional Review Emergency Act of 2005 (D.C. Act 16-31, February 17, 2005, 52 DCR 3014).
Legislative History of Laws
For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.
Law 7-88, the "District of Columbia Public Hall Regulation Amendment Act of 1987," was introduced in Council and assigned Bill No. 7-220, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 24, 1987 and December 8, 1987, respectively. Signed by the Mayor on December 22, 1987, it was assigned Act No. 7-126 and transmitted to both Houses of Congress for its review.
Law 9-160, the "District of Columbia Public Hall Regulation Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-328, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 21, 1992, it was assigned Act No. 9- 254 and transmitted to both Houses of Congress for its review. D.C. Law 9-160 became effective on September 29, 1992.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 47-2809.
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 15-38, see notes following § 47-2404.
Law 15-187, the "Omnibus Alcoholic Beverage Amendment Act 2004", was introduced in Council and assigned Bill No. 15-516, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on April 20, 2004, and May 18, 2004, respectively. Signed by the Mayor on June 23, 2004, it was assigned Act No. 15-442 and transmitted to both Houses of Congress for its review. D.C. Law 15-187 became effective on September 30, 2004.
Law 15-201, the "Public Congestion and Venue Protection Temporary Act of 2004", was introduced in Council and assigned Bill No. 15-860, and was retained by Council. The Bill was adopted on first and second readings on June 1, 2004, and June 29, 2004, respectively. Signed by the Mayor on July 19, 2004, it was assigned Act No. 15-475 and transmitted to both Houses of Congress for its review. D.C. Law 15-201 became effective on December 7, 2004.
Law 15-314, the "Public Congestion and Venue Protection Temporary Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-1099, and was retained by Council. The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively. Signed by the Mayor on December 29, 2004, it was assigned Act No. 15-711 and transmitted to both Houses of Congress for its review. D.C. Law 15-314 became effective on April 8, 2005.
For Law 15-354, see notes following § 47-340.03.
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.
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.
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.
Miscellaneous 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.
