Temporary Outdoor License

Overview

Temporary Outdoor Expansion Program Extended!

The Temporary Outdoor Expansions Program will now run through October 2022. Please see below for more information.

Si necesita ayuda o tiene preguntas en Español, por favor contacte a el Departamento por correo electrónico a EXLSubmit@denvergov.org

The City and County of Denver created a temporary program to allow restaurants and bars to operate in outdoor settings adjacent to their businesses. The program aims to allow for greater physical distancing and safety for patrons now that the state’s public health orders allow restaurants and bars to resume sit-down service. Proposals could include expansion into designated outdoor areas such as adjacent parking lots, streets, and sidewalks.

Eligible businesses can use the form below to submit an outdoor expansion proposal for the city to review. Considerations for every proposal will include safety, mobility, and local and emergency access.

Additional application materials will likely be required based on the specifics of the proposal.  

General Information

Eligible and Approved Businesses

The following types of businesses may be eligible for this program: restaurants, cafes, fast food outlets, coffee shops, bars, taverns, brew pubs, breweries, microbreweries, distillery pubs, wineries, tasting rooms, and other similar places of public accommodation offering food, beverages, or alcoholic beverages for on-premises consumption.

This program does not apply to mobile food trucks/carts.

 

Download a list of currently approved businesses(XLSX, 44KB)

Eligible Outdoor Areas

Under this program, eligible businesses may be able to temporarily expand into the following types of outdoor areas:

  • Private property, including off-street parking lots with the property owner's consent
  • Public right-of-way, including sidewalks, street parking spaces, and possibly closing select streets

In both scenarios, some limitations and allowances apply, as summarized below.

Private Property

Businesses can expand outdoors on their own property or on a neighboring property (with permission from the other property owner), including using any number of off-street parking spaces. Off-street parking spaces used for an expansion may include off-street parking spaces required by code. 

Public Right-of-Way

Proposals to expand into the public right-of-way will require that a right-of-way inspector visit the business location and consider the closure proposal from a mobility and safety perspective. An inspector may be able to approve a simple inspection in the field and issue an approval the following business day. More complex requests will be reviewed for:

  • Safety: ensuring any closure of the public right of way is done safely
  • Mobility: considering impacts to people’s ability to get around the closure by foot, bike, wheelchair and car and how the proposal mitigates impacts with a traffic control plan, if necessary
  • Local and emergency access: local access to adjacent homes and businesses must be maintained

Once a temporary patio is established, a right-of-way inspector will do a final inspection.

 

Conditions and Restrictions

Note: All conditions and restrictions below apply to the new, temporary outdoor patio space only.

Program Expiration

This is a temporary program to support our local eateries, bars and residents. 

It will be available through October 2022. Businesses will have one week upon the conclusion of the program to remove any fixtures from their outdoor area. Outdoor patios established through this program must complete an initial five-day posting that notifies the neighborhood of the dates the patio will operate as well as subsequent postings as directed by the Department of Excise and Licenses. Language for a new posting will be provided to businesses by Denver Excise and Licenses.

Hours of Operation

Outdoor patios opened under this program must close by 10 p.m. on Sundays - Thursdays and by 11 p.m. on Fridays and Saturdays.

Allowed Uses of the Patio

Outdoor patios established under this program can only be used for sit-down dining or customer pick-up and carry-out service. Recorded ambient or background music and television is allowed on the extended patios if in compliance with Denver’s noise ordinance. If a business would like to provide recorded music or televisions on the extended patio, they must ensure the neighborhood was notified through a five-day posting.  If a business was previously approved for an expanded patio and the posting did not indicate they would be having recorded or ambient music or televised sports, they must re-post for five days before playing music or using TVs.  The language for an updated posting will be provided to businesses by Denver Excise and Licenses. 

Expanded outdoor patios cannot be used for activities that would promote congregating, involve shared equipment, or amplify sound, including but not limited to:

  • Standing areas
  • Live music, entertainment or dancing
  • Outdoor games
  • Loudspeaker call systems
  • Pets, except as provided in the Americans with Disabilities Act

Permits and Licenses 

Permits may be necessary for certain proposals, for instance closing streets or alleys. Proposals to operate exclusively on private property will likely be approved more quickly without needing permits.

Temporary furnishings and railings can be used if desired. On either public or private property, installing fences/barriers over 5'9" in height, constructing a patio covering, performing electrical work, erecting gas-fired temporary heating, or other similar construction work will likely require building, fire or electrical permits. All furnishings and lighting must be easily removed at the end of the program period.

Businesses that have a liquor license will need to submit additional documentation upon request in order to modify their existing liquor license with the city and state, AND will need to post public notice for five days prior to opening the new patio area. Denver's Department of Excise and Licenses will submit these applications to the state for expedited review. If Excise and Licenses receives 15 written protests via U.S. mail or email to EXLapplications@Denvergov.org, a public hearing may be required before approvals can be granted. This only applies to businesses that have a liquor license.

Sharing Patio Space

Businesses may not share outdoor premises unless they have also been approved for a Communal Outdoor Dining Area. Each establishment must maintain control of its operations and food and beverage service.

Additional COVID-19 Health and Safety Requirements

Please consult the State of Colorado’s guidance for restaurants for additional requirements on social distancing, maximum capacity, cleaning protocols, and more.

Read more about the program in Denver's FAQs(PDF, 314KB)



Temporary Outdoor Dining Q&A Webinar

The City and County of Denver recently participated in a Colorado Restaurant Association town hall to answer questions from business about participation in Denver’s Temporary Outdoor Dining Program and provide guidelines for temporary structures that comply with state and city public health orders. Register to watch the recorded Zoom session on-demand by clicking the link below.

Temporary Outdoor Dining Webinar Registration

Application Process

 What happens after your interest form is received:

No liquor license and no expansion into the right-of-way Yes liquor license but no expansion into the right-of-way Yes liquor license and yes expansion
into right-of-way
Customer will be referred to Community Planning and Development for confirmation/approval of the expansion
  • Excise and License will request additional documentation and paperwork for liquor license expansion
  • Five-day posting required
  • Inspections
  • Site visit with Department of Transportation and Infrastructure and Excise and License MAY be required.
  • DOTI will request additional information including an E-permit account, Street Occupancy Permit application, site plan including traffic control measures and insurance documentation
  • Excise and License will request additional documentation and
    paperwork for liquor license expansion
  • Five-day posting required
  • Inspections

 

Submit Your Proposal

City staff will begin reviewing proposals immediately. If approved to open, expanded patio areas may remain in place through October 31, 2022, subject to local and state health guidelines and approval of permit applications for extensions of program participation.

Please review the Conditions and Restrictions above before submitting your proposal.