A. Application
Per Colorado Liquor Code Regulation 47-302, after a liquor or beer license has been issued, the licensee may not make any physical change, alteration, or modification of the premises which materially or substantially alters the licensed premises or the use of the licensed premises from the plans and specifications submitted at the time of obtaining the original license without the prior written consent of the local and state licensing authorities. A LICENSEE MUST SEEK APPROVAL FROM THE LOCAL LICENSING AUTHORITY AND THE STATE LIQUOR ENFORCEMENT DIVISION PRIOR TO MATERIALLY OR SUBSTANTIALLY MODIFYING A LICENSED PREMISES. ANY MATERIAL CHANGE, ALTERATION, OR MODIFICATION OF THE LICENSED PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF THE DEPARTMENT WILL BE VIEWED AS A VIOLATION OF THE COLORADO LIQUOR OR BEER CODES.
B. Application Forms
Application forms to materially or substantially modify an existing licensed premise are available at the Department of Excise and Licenses. Request to modify a premise must be made to the department by completing application forms in duplicate no fewer than thirty (30) days prior to a proposed construction start date and/or construction date. The Director of the department reserves discretion to waive the thirty (30) day requirement. Filing this request 30 days prior to the proposed starting date does not guaranty that any request will be approved within 30 days. Failure to complete an application to modify a premise will result in delay in processing the application.
1. Requirements. Applications to materially or substantially modify a premise must include:
• a lease or deed showing evidence of right to possession of the premises; and
• a zoning use permit; and
• plot plans and detailed sketches of the premises as it currently exist and as the premise will be after the proposed modification. The plans must be drawn accurately and to scale. The floor plan drawing is to be 8 1/2 inches by 11 inches. All fixtures and furniture as they will appear when the modification is completed must be shown.
C. The Review Process
After application forms and accompanying documents to materially modify an existing premise are complete to the satisfaction of the Department of Excise and Licenses, the department will notify registered neighborhood organizations whose boundaries are within 200 feet of the location. Neighborhood organizations that are notified will have twenty (20) days after the date of the notice to object in writing to a proposed modification. The twenty day notification period may be waived if the applicant and notified registered neighborhood groups agree in writing to the material modification.
If the department receives objections in writing from neighborhood organizations or if other reasons exist to deny a request to modify, the Director will deny the application by issuing a written order. The order will state grounds upon which the application is denied.
The licensee will be entitled to a hearing on he denial if a request in writing is made to the department within fifteen days after the date of issuing a denial order. A hearing on the denial will be set on the department’s calendar to accommodate a forty-five day notice period to the public.
D. Public Hearing Process
1. Posting If a request to materially modify a premise results in a hearing, the licensee will be required to post the premises for forty-five days. The sign must be of white cardboard which is not less than 22 inches wide and 26 inches high with letters not less than one inch high. The sign must be posted in a conspicuous place so that it is plainly visible to the general public. It must inform the public of the modification requested, the date and time of the public hearing, the name and address of the licensee,and any partners, members, or officers of the licensee. The posting sign must additionally inform the public that:
• petitions for an evening hearing can be filed;
• petitions must be filed twenty (20) days prior to the hearing date; and
• approval of such petitions will cause the hearing to be rescheduled to 6:00 p.m. on a date as close as possible to the previously scheduled hearing date.
A map of the designated neighborhood must be attached to the posting sign and indicate the area within which petitions may be circulated for or against the proposed modification and the area from which residents and business owners/managers will be allowed to testify.
Failure to post correctly will result in postponement of the hearing until a next available hearing date.
2. The Public Hearing. Per Regulation 47-302 of the Colorado Code of Regulations, the purpose of a hearing with respect to any proposed changes, alterations or modifications is to determine whether the premises, as changed, will meet the pertinent requirements of the Colorado Liquor or Beer Codes and the Regulations promulgated thereunder. The applicant bears the burden of proof to make a prima facie case that the premises, as changed will meet stated requirements. Factors taken into consideration by the licensing authority to determine whether the applicant has met its burden include, but are not limited to:
• the reasonable requirements of the neighborhood and the desires of the adult inhabitants;
• the possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement;
• compliance with the applicable zoning laws of the municipality, city and county or county; and
• compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college, university, or seminary.
3. Isssuing a Decision After testimony and evidence is presented; the presiding party will issue a written Recommended Decision. A copy of the Recommended Decision will be sent to representatives for each side and the Assistant City Attorney who participated in the license hearing. Representatives and the City Attorney’s Office will have ten (10) calendar days from the date of mailing the decision to file objections to the Recommended Decision. Any party who files objections has responsibility to mail a copy of written objections to any party who requested such notice at the hearing. The Director may grant a representative ten days from the date of the filing of the written objections in which to file a written reply to the objections. If the Director grants ten days for a written reply to be filed, the 30-day timeframe within which to issue a final decision will be extended. The Director will then issue a final written decision which will be mailed to the representatives for each side. The Director’s decision is subject to judicial review by the Denver District Court.
After approval of the modification by the state and by the city, the Fire, Building, Health, and Excise and Licenses Departments must inspect the premises.
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