Modification of Premises

Attention:
Because of Senate Bill 20B-001 the attached highlighted fees(PDF, 73KB) for new applications, renewal, late renewal, reissuance renewal, and COVID-19 temporary modification fees for specific liquor license types will be waived from Dec. 7, 2020 to Dec. 7, 2021.
*** Concurrent review fee of $100 will not be waived and still needs to be paid to the state.

 

Colorado Liquor Code Regulation 47-302 provides that, after a liquor or beer license has been issued, the licensee cannot make any physical change, alteration, or modification of the premises that materially or substantially alters it, or the use of the licensed premises, from the plans and specifications, including walls submitted at the time of obtaining the original license without the previous written consent of the local and state licensing authorities.

How to Submit an Application

There are several ways to submit a new or renewal application to the Department of Excise and Licenses. If renewing, include your business file number.

  1. All license applications not available online can be submitted by email to EXLSubmit@denvergov.org. When applying, attach all documents to one email. Visit the email application process page for more information.
  2. You can mail your application with fees to:

City and County of Denver
Department of Excise and Licenses
201 W. Colfax Ave., Dept. 206
Denver, CO 80202

Make checks payable to: Manager of Finance

3. You can pay fees online or by phone after the application has been submitted. You will receive an invoice and you can pay virtually. Visit the online payment process page for more information.

For questions, email licenses@denvergov.org or call 311.

Steps for Modification of Premises Liquor License

Step 1: Previous approval required

  • A licensee must seek approval from the Department of Excise and Licenses and the State Liquor Enforcement Division before any material or substantial modification of a licensed premise.
  • Application forms must be submitted 30 days before the proposed event start date for temporary modifications.

Step 2: Required documents

Application forms and business entity documents are required for the applications process.  All documents must be submitted in duplicate – one for the City and County of Denver and the original for the state of Colorado.  Documents must be printed in black ink or typewritten.  Photocopies are accepted. 

     Permanent modification documents:

  • Make sure no staples are in the documents when submitted.
  • All documents must be submitted in duplicate.
  • Application
  • Diagrams (current liquor licensed premise and proposed liquor licensed premise)
  • Right of possession documents (lease or deed). The lease must be valid for at least 90 days from the date the application is submitted.
  • A zone use permit if the proposed modification alters the zoning use. 

   Temporary modification documents:

  • Make sure no staples are in the documents.
  • Application
  • Diagrams (Before the modification, proposed modification, and after the modification)
  • Right of possession documents (lease or deed). The lease must be valid for at least through the date of the temporary modification when the application is submitted.
  • A zone use permit if the proposed modification alters the zoning use.

    Note:

  •  All documents and diagrams must be submitted on paper that is 8 1/2 by 11 inches with dimensions included for the diagrams.
  • All diagrams must be outlined in red denoting the liquor boundaries on each. 

 

Step 3: Fees

License fees:

$150 per change for permanent change

$300 for a temporary change (build up/tear down)

Make checks payable to the Department of Revenue.

Step 4: Review process

After application forms and accompanying documents to modify existing premises are completed, the director of Excise and Licenses will determine whether the modification requires a public hearing or if it can be approved without posting a notice and public hearing.

Step 5: Public hearing

  • Once all other requirements are complete, a public hearing might be scheduled if the modifications are considered “material and substantial,” such as:
    (i) The addition or deletion of a patio or outdoor area;
    (ii) An increase in bar area that lengthens or adds bar space;
    (iii) Any additional levels added to liquor licensed establishment;
    (iv) Material change in the flow or control of liquor;
    (v) Non-de minimis increase in seating capacity
  • An area is designated around the proposed location from which residents and business owners/managers can sign petitions and testify at the public hearing 
  • The licensee must post a sign on the premises with notice of the hearing for at least 20 days before the hearing.  Upon request of a relevant registered neighborhood organization, the posting will be extended and the hearing rescheduled, for an additional 25 days.
    • The posting sign must follow these guidelines:
      • Be white, sturdy, and measure 22 inches wide by 26 inches high with letters not less than 1 inch high
      • Indicate the type of license, the date and time of the hearing, the name and address of the licensee and any partners or officers of the licensee
      • Be posted in a conspicuous place on the premises so it is plainly visible and legible to the public
      • Contain a map of the designated area
      • Content for the sign will be determined by the Department of Excise and Licenses
  • Registered neighborhood organizations, public newspapers, the City Council and the police district are notified of the application and public hearing
  • Petitions are circulated in support and against the proposed modification of premises license.  Read more about petitions.  
  • Public hearing is held
  • Final decision is issued by the director of Excise and Licenses

Read more about public hearings.  

 

Step 6: Required inspections

  • Development Services (720) 913-1311
  • Denver Fire Department (720) 913-3409
  • Department of Public Health and Environment (720) 913-1311
  • Department of Excise and Licenses (720) 913-1311 (Last inspection - Schedule when all other inspections have been passed.)

Step 7: Get your license

Notify the Department of Excise and Licenses, at licenses@denvergov.org, that you would like your license emailed to you when all of the steps below have been completed.  

  1. All documents required for the license are complete and submitted to the office.
  2. The background check, if applicable, is accepted and approved.
  3. Fees are paid in full.
  4. All required inspections, if applicable, are passed.
  5. All approvals are given by the state and local offices.

You should stay in touch with the Department of Excise and Licenses during the application process as each step can vary from the general steps described herein depending on your particular circumstances.