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COVID-19 UPDATE: Local Outdoor Expansion Programs May 24,2020

State
If you wish to expand your liquor licensed premises into outdoor space beyond your current patio, you will need to submit an application for this temporary expansion with the state in addition to applying with your local municipality. The Liquor Enforcement Division has issued two bulletins detailing the parameters of these temporary expansions and how to apply. You can read them here and here

What's Required:

  • Form DR 8442 - found here 
  • Attach a diagram of the new premises with an outline of the entire licensed area
  • Proof of your permission to use the modified area to include but not limited to statements of use, permits, easements 
  • A control plan which details boundaries of the licensed premises, ingress/egress, signage, hours of operation, and preventing sales to underage or intoxicated persons. Example here.
For the fastest response, please email a completed application to dor_liqlicensing@state.co.us. There is also a $150 application fee. 

Forms
Attorneys at our Legal Resource Center partner Dill + Dill have drafted possession forms you can use as you expand your patio into neighboring space. See an agreement for a landlord/tenant relationship here, and an agreement for a third party here

Insurance Considerations for Outdoor Expansion

Click here.

Local Programs
Aurora
Aurora has launched an outdoor licensed premise expansion program that is very similar to Denver's. The intent of the program is to allow for greater physical distancing and safety for patrons. This program could include expansion into designated outdoor areas such as adjacent parking lots, streets and sidewalks. This temporary program is an economic relief measure that will run through September 7, 2020. The program will be reevaluated at that time to determine if an extension will be permitted. During this time period regulations regarding parking, site plan, signage, use of the city right of way, and alcohol service are relaxed in coordination with an approved plan submitted through a Temporary Use Permit. 

You can find the program page here, the guidelines for the program here, the business checklist here, and the application portal here.

Colorado Springs

The Colorado Springs Planning and Community Development Department is accepting applications for temporary use and revocable permits to expand dining areas to private parking lots, sidewalks, café patio extensions, or balcony seating. Restaurants and bars may be eligible for adding temporary outdoor dining and consumption areas either on private parking areas, or on public sidewalks or parking areas. Learn more and apply here.

Denver
The City of Denver has launched a temporary outdoor expansion program for restaurants and bars. The intent of the program is to allow for greater physical distancing and safety for patrons when the state's public health orders allow for restaurants and bars to resume sit-down service. While final rules and regulations are still in development, proposals could include expansion of licensed premises into designated outdoor areas such as adjacent parking lots, streets, and sidewalks.

To gauge interest, Denver has created a 
webpage where eligible businesses can submit a proposal for the city to review. Considerations for every proposal will include safety, mobility, and local and emergency access. You can read the full release from the city here and FAQs on the program here.

We hosted awebinar with the city on this program. Find the Q&A document here. You can listen to the recording of the town hall here, and find the presentation slides here.


Greenwood Village
Greenwood Village has launched an outdoor licensed premise expansion program that could include expansion into designated outdoor areas such as adjacent parking lots and sidewalks. You can read more about the program and see the application here

The city has also temporarily suspended its enforcement of the sign code for certain temporary signs used for advertising for retail establishments (including restaurants). Read more here.

Parker
Parker has launched an outdoor licensed premise expansion program that could include expansion into designated outdoor areas such as adjacent parking lots and sidewalks. You can read more about the program and see the application here

Sheridan
The city of Sheridan is putting outdoor seating guidance and permitting on its website, and the application should be available on May 28. If your restaurant is serving any liquor, in addition to filling out the application mentioned above, you will also have to contact City Clerk Arlene Sagee at asagee@ci.sheridan.co.us for further instruction and an additional application.
 


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