D.C. Mun. Regs. tit. 23, r. 23-214

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 23-214 - LICENSE FEES
214.1

All license fees shall be paid by credit card, certified check, money order, business check, attorney's check, or personal check payable to ABRA. Applicants and licensees shall pay the annual license fees specified by the Board in the following manner:

(a) The fee for the first year sha ll be paid at the time an application is filed, but shall be returned to an applicant, minus the prescribed processing fee, if the application is denied; and
(b) The fees for the second and third year shall be paid no later than one (1) and two (2) years, respectively, from the date of the issuance of the license; provided, that a licensee may pay the second and third year fees when the first year fee is paid. The payment of the second and third year license fees shall not require the filing of a clean- hands certificate by the applicant.
214.2

The Board may impose a late fee upon a licensee for failure to timely remit the second or third year fee, or the renewal fee, in the amount of fifty dollars ($50) for each day after the due date of payment. The total amount of the late fee to be paid to ABRA shall not exceed the annual cost of the license. The Board may suspend a license until the licensee pays the second or third year fee and any additional fee imposed by the Board for late payment. A license not renewed timely shall be deemed expired and the licensee shall not be permitted to sell or serve alcoholic beverages.

214.3

Notwithstanding § 208.2, the Board shall not impose the daily fifty dollar ($50)late fee upon a licensee for failing to timely remit the annual and renewal license feesfor the following license classes when those fees become due on July 31, 2020, or September 30, 2020.

(a) All on-premises retailers;
(b) Caterers;
(c) Manufacturer and wholesaler licenses, class A and B; and
(d) Solicitor and ABC manager licenses.
214.4

The Board may suspend a license, permit, or endorsement where payment was made by the applicant to ABRA with a check returned unpaid. The applicant, in addition to any late fees imposed by the Board pursuant to § 208.2, shall also be charged by ABRA with a one hundred dollar ($100) returned check fee.

208.5

The annual license fees for manufacturer's licenses shall be as follows:

Class

Fee

Manufacturer's class A (rectifying plant)

$ 6,000

Manufacturer's class A (distillery)

$ 6,000

Manufacturer's class A (distillery producing more than 50% non-beverage alcohol)

$ 3,000

Manufacturer's class A (winery)

$ 1,500

Manufacturer's class B (brewery)

$ 5,000

Manufacturer's class C (alcohol- infused confectionary food products)

$ 1,000

214.6

The annual license fees for wholesaler's licenses shall be as follows:

Class

Fee

Wholesaler's class A

$ 5,200

Wholesaler's class B

$ 2,600

214.7

The annual license fees for off-premises retailer's licenses shall be as follows:

Class

Fee

Retailer's class A

$ 2,600

Retailer's class B

$ 1,300

Internet retailer's class IA

$ 2,600

Internet retailer's class IB

$ 1,300

Farmer's market class J

$ 300

Farmer's market class K

$ 500

214.8

The annual license fees for all Class C licenses, except the DC Arena and the

soccer stadium, shall be based on its capacity load, which shall be defined as the maximum number of patrons that may be in the establishment at any one time. The holder of a Class C license shall submit both its capacity placards identifying the maximum number of patrons and certificate of occupancy identifying the number of seats from the Department of Consumer and Regulatory Affairs with both its initial and renewal license applications.

214.9

The annual license fees are as follows:

Class

Capacity

Fee

CR restaurant

99 or fewer

$1,000

CR restaurant

100 to 199

$1,300

CR restaurant

200 to 499

$1,950

CR restaurant

500 or more

$2,600

CT tavern

99 or fewer

$1,300

CT tavern

100 to 199

$2,080

CT tavern

200 or more

$3,120

CN nightclub

99 or fewer

$1,950

CN nightclub

100 to 199

$2,600

CN nightclub

200 to 499

$3,250

CN nightclub

500 to 999

$4,550

CN nightclub

1,000 or more

$5,850

CH hotel

99 or fewer guest rooms

$2,600

CH hotel

100 or more guest rooms

$5,200

CB bed and breakfast

$ 1,000

CX club

$1,950

CX multipurpose facility

$1,950

CX marine vessel, single vessel

$1,950

CX marine vessel line, for 3 or fewer vessels and dockside waiting areas

$3,250

For each additional vessel or dockside waiting area

$1,950

CX railroad dining or club car, single car

$650

CX railroad company, all dining or club cars

$1,950

214.10

The annual license fees for all Class D licenses, except the DC Arena and the soccer stadium, shall be based on its capacity load, which shall be defined as the maximum number of patrons that may be in the establishment at any one time. The holder of a Class D license shall submit both its capacity placards identifying the maximum number of patrons and certificate of occupancy identifying the number of seats from the Department of Consumer and Regulatory Affairs with both its initial and renewal license applications.

214.11

The annual license fees are as follows:

Class

Capacity

Fee

DR restaurant

99 or fewer

$600

DR restaurant

100 to 199

$780

DR restaurant

200 to 499

$1,170

DR restaurant

500 or more

$1,560

DT tavern

99 or fewer

$1,000

DT tavern

100 to 199

$1,300

DT tavern

200 or more

$1,950

DN nightclub

99 or fewer

$1,300

DN nightclub

100 to 199

$1,625

DN nightclub

200 to 499

$1,950

DN nightclub

500 to 999

$2,600

DN nightclub

1,000 or more

$4,550

DH hotel

99 or fewer guest rooms

$1,300

DH hotel

100 or more guest rooms

$2,600

DB bed and breakfast

$ 650

DX club

$650

DX multipurpose facility

$650

DX marine vessel, single vessel

$975

DX marine vessel line, for 3 or fewer vessels and docksid e waiting areas

$1,300

For each additional vessel or dockside waiting area

$650

DX railroad dining or club car, single car

$325

DX railroad company, all dining or club cars

$650

214.12

The daily fee for a Temporary license shall be as follows:

Class

Fee

Temporary class F

$ 130

Temporary class G

$ 300

214.13

The annual fee for a Solicitor's and a Manager's license shall be as follows:

Type

Fee

Solicitor's license

$ 325

Manager's license

$ 130

214.14

The annual fee for a Class Arena CX license shall be as follows:

Class

Fee

Retailer's license Class Arena CX

$ 10,000

214.15

The annual license fee for a Catering license shall be based on the caterer's annual revenue for the previous year as follows:

Class

Gross Annual Revenue

Fee

Caterer

More than $1,000,000 per year gross annual revenue

$5,000

Caterer

$1,000,000 or less per year gross annual revenue

$4,000

Caterer

$500,000 or less per year gross annual revenue

$3,000

Caterer

$300,000 or less per year gross annual revenue

$2,000

Caterer

$200,000 or less per year gross annual revenue

$1,500

Caterer

$100,000 or less per year gross annual revenue

$1,000

Caterer

$50,000 or less per year gross annual revenue

$750

Caterer

$25,000 or less per year gross annual revenue

$500

214.16

The annual fee for a Farm Winery license, a Pub Crawl license, and a festival license shall be as follows:

Type/Class

Fee

Farm winery retailer's license

$ 2,500

Pub crawl license

$ 500

Festival license class H

$ 1,000

Festival license class I

$ 2,000

214.17

For purposes of determining the catering fee set forth in § 208.14, the applicant, as part of its submitted application, shall provide the Board with a signed affidavit on a form provided by ABRA, which shall include a statement of the applicant's annual gross revenue from catering for the previous year, as well as any additional supporting documentation necessary to verify the statement of the applicant.

214.18

The submission of a knowingly false or misleading affidavit shall be grounds for the Board to order the licensee to show cause why the license should not be suspended or revoked, or a civil fine imposed based upon the primary tier schedule set forth in D.C. Official Code § 25-830(c).

214.19

The fee for a duplicate license or replacement of a lost license shall be ten dollars ($10).

214.20

The date for licensees to cease and desist operations due to their failure to make annual or renewal license fee payments due on July 31, 2020, or to renew their license by no later than September 30, 2020, shall be October 21, 2020, and the license cancellation date for these licensees shall be November 4, 2020.

214.21

Those licensees whose licenses were cancelled by the Board on November 4, 2020, in accordance with § 208.20, solely due to the non-payment of the annual or renewal license fees shall be permitted to request reinstatement of the license from the Board until May 3, 2021, without the payment of any late fees, provided that all outstanding annual and renewal licensing fees have been paid.

214.22

On-premises retailer licensees, class CR, DR, CH, DH, CX and DX shall have until June 30, 2021 to make their annual third year payment.

D.C. Mun. Regs. tit. 23, r. 23-214

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); repealed by Final Rulemaking published at 67 DCR 14482 (12/11/2020); Final Rulemaking published at 68 DCR 7421 (7/30/2021)