Suspension or revocation; notice; hearing.
Denver Revised Municipal Code § 7-34
in effectSec. 7-34. - Suspension or revocation; notice; hearing.
(a) Upon consideration of the relevant facts and circumstances and subject to the requirements set forth in this section, the manager may suspend or revoke a license issued under this division if the manager determines that a licensee has violated or the licensee's amusement facility or temporary amusement has been operated in violation of:
(1) Any applicable regulatory provision set forth in division 1 of this article;
(2) Any grounds for denial of a license or other applicable requirement for issuance or retention of a license set forth in division 2 of this article; or
(3) Any action taken or order issued under any local, state, or federal law, rule or regulation, which action or order requires the closure or forfeiture of the facility, business, or establishment or the suspension or cessation (in excess of twenty-four (24) hours) of usual business operations at the facility, business, or establishment for violations of or failure to comply with substantive health, safety or welfare requirements or criminal laws.
(b) In determining whether to impose a suspension or revocation, the manager shall consider all pertinent aggravating and mitigating factors and make appropriate findings in support of his or her decision based on these factors and any other relevant facts or circumstances. The term of any suspension shall be for a period not to exceed six (6) months in duration, and a revocation shall specify a period no shorter than six (6) months from the date of revocation nor longer than two (2) years from the date of revocation during which the licensee shall be barred from making any new application under this chapter.
(c) Except as provided in subsection (d) of this section, a licensee shall be entitled to a hearing before the manager or a hearing officer designated by the manager prior to any action being taken to suspend or revoke the license. The procedures are as follows:
(1) Upon receipt of information and documentation sufficient to satisfy the manager that suspension or revocation of a license may be warranted under this section, the manager shall notify the licensee by certified mail, return receipt requested, of the alleged violations and shall direct the licensee to appear before the manager or designated hearing officer on a specified hearing date, which shall be no sooner than ten (10) days and no later than thirty (30) days after the date of the notification. Failure to appear at the scheduled hearing or to arrange with the manager for a rescheduling of the hearing for a date within thirty (30) days of the original date shall constitute a waiver of the right to hearing.
(2) At the hearing, the licensee may be represented by legal counsel. The licensee shall have the right to present evidence or testimony on his or her behalf and to cross-examine any adverse witnesses. Testimony shall be presented only upon oath or affirmation. While no formal procedure shall be required, evidence and testimony will be admitted and considered based upon its probative value. The city or other complainant shall bear the burden of showing the alleged violation by a preponderance of the evidence. All proceedings in the hearing shall be recorded.
(3) Within fifteen (15) days following the hearing, any designated hearing officer shall forward to the manager a recommended decision regarding the alleged violations and recommended penalties for any violations proved. Copies of said recommended decision shall be sent by United States mail to the licensee, who must submit any comments or additional information to the manager within ten (10) days of the date the recommended decision was mailed. The manager shall prepare a final decision, along with a set of written findings and conclusions in support of the manager's decision, and deposit the same in the United States mail to the licensee within fifteen (15) days from receipt of the recommended decision. If no hearing officer is involved, the manager shall prepare and mail the decision, along with the findings and conclusions, within fifteen (15) days of the date of the hearing. All mailings will be sent to the licensee at the licensee's last known address and will be sent to any other parties requesting such notification.
(4) Any suspension or revocation shall be effective upon the date specified in the final decision. A suspension or revocation may only be lifted by entry, and receipt by the manager, of a stay or restraining order issued by a court of competent jurisdiction and will remain lifted only so long as the stay or restraining order is in effect.
(d) If the manager shall determine that an imminent and substantial peril to the public health or safety exists due to any violation, the manager may order that the license be summarily suspended and direct that a hearing be held within five (5) working days of the date and time the order is posted on the front door of the subject establishment or business. Said hearing date, time, and place shall be contained in the posted order. The licensee shall suspend all amusement operations and related activities authorized by the license upon posting of the order. If at the hearing the manager finds that no such peril exists, the emergency closure shall be lifted and the procedures of subsection (c) of this section shall apply.
(e) During the duration of any license suspension, two (2) or more notices shall be posted in conspicuous places, including the front door, on any establishment or business for which the license has been suspended. These notices shall be prepared by the licensee and shall be of such size and contain such information as specified by the department in order to provide adequate public notice of the license suspension.
(f) It shall be unlawful for any licensee or other person to operate an amusement facility or a temporary amusement under any license which has been suspended or revoked.
(Ord. No. 806-98, § 2, 11-16-98; Ord. No. 1003-25, § 4, 7-28-25)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH7AM_ARTIIAMFATEAM_DIV2LI_S7-34SURENOHEFetched: 10/27/2026