1. A cabaret licensee may not enlarge, modify, or alter the premises without the approval of the director. Forms to apply for approval are available at the department.
2. Application forms must be filed with the department no fewer than thirty (30) days prior to the proposed starting date and/or construction date. This is particularly important since some modifications require notification to registered neighborhood organizations for input into said modification. Filing this request 30 days prior to the proposed starting date does not guaranty that any request will be approved within 30 days. No action will be taken until the application is complete.
3. The applicant must complete the form, provide a drawing of the current premises and a drawing showing the proposed changes. The applicant must also provide an approved zoning use permit.
4. If the director concludes that the proposed changes materially or substantially alter the premises or the usage of the premises, the director will notify the registered neighborhood groups whose boundaries are within 200 feet of the location.
5. If the director receives objections to the modification from any neighborhood groups or neighbors or if other grounds exist for denial, the director may deny the application and give the applicant a certain number of days within which to request a hearing.
6. If the applicant requests a hearing, the department will schedule one. The applicant will be required to post the premises with the time and date of the hearing in a similar manner to the posting for the new application for thirty days. At the hearing, evidence will be allowed consistent with that allowed in a hearing on modification of a liquor licensed premises as outlined in Colorado Liquor Enforcement Division Regulation 47-302 including evidence regarding the needs and desires of the neighborhood.
7. After the hearing, the hearing officer will submit a written recommended decision to the director. Each party will be given ten days to object to the decision. The Director will then issue a final decision based on the evidence presented.