LICENSE

Denver Revised Municipal Code ch. 7, art. II, div. 2

in effect

Denver Revised Municipal Code § 7-26 Required.

Sec. 7-26. - Required. (a) It shall be unlawful for any person to operate any amusement facility or conduct any temporary amusement without first having obtained a license from the manager as provided in this division; provided, however, that no license shall be required when a person is exempt from the licensing requirements as an amusement facility or a temporary amusement under section 7-10. Exemption from the licensing requirements of this article shall not constitute an exemption from the health, safety and welfare requirements otherwise prescribed by this Code or an exemption from liquor licensing requirements prescribed by state or local law. (b) Any person operating a facility or establishment that qualifies as more than one (1) type of amusement facility need only apply for and obtain a single license which specifies all of the approved types. Any person conducting a temporary amusement which qualifies as more than one (1) type of temporary amusement need only apply for and obtain a single license which specifies all of the approved types. (c) It shall be unlawful for a licensee, or the manager or employee of said licensee, to offer, provide or permit any type of amusement facility or any type of temporary amusement other than that specifically authorized in the license issued. (Ord. No. 806-98, § 2, 11-16-98; Ord. No. 1003-25, § 4, 7-28-25)

Denver Revised Municipal Code § 7-27 Application.

Sec. 7-27. - Application. (a) Application for a license under this article shall be made to the manager upon forms to be provided by the department for that purpose. (b) An application for an amusement facility shall contain the following information: (1) Names, addresses, and dates of birth of the owner(s) and any manager(s) of the establishment or business for which application is being made. If the owner or manager is a corporation, partnership or similar entity recognized by law, the application shall also contain the complete name of the legal entity and the names, addresses, and dates of birth for all officers, managers, managing partners, and any individual with authority to manage or operate any aspect of the establishment or business. These individuals shall be collectively and individually regarded under this division as the "applicant." The name and address of the registered agent for service shall also be provided. (2) Name and address (including legal description of property) of the facility for which application is being made, and any trade names or assumed names being used for the facility. (3) Type of amusement facility being applied for. (4) Type of amusement(s) to be offered or provided. (5) The proposed hours and days of the week of operation. (6) A sketch or plan, drawn to designated scale but not necessarily professionally prepared, identifying or depicting: (A) The dimensions and arrangement of floor space, rooms, and public areas; (B) The seating and occupancy capacity; (C) The types of uses proposed for each space, room, or area; and (D) For any establishment proposing to have amusement devices or billiard or pool tables, the number and location of amusement devices and/or the square footage and location of any playing area for billiard and/or pool tables. (7) Information and documents (including copies of deeds, leases, contracts and other applicable documents) detailing applicant's right to possession of the premises or right to use the premises for the type of license being sought. (8) An application for use permit, with the approval of the department of zoning administration shown thereon, for the use of the premises for the type of amusement and other uses proposed to be offered or provided. (9) A statement by each applicant identifying any administrative or court order, decree, or similar judicial or quasi-judicial edict, any consent decree or settlement agreement, any terms of probation, or any other legal restraint which could restrict or prohibit the individual from owning, managing, or being associated with the type of business or establishment for which an application has been made. (10) A statement by each applicant identifying any convictions for criminal acts specified in paragraph (b)(9) of section 7-32, or the release from any confinement for such convictions, anywhere in the United States within the preceding five (5) years, the date and place of the conviction, any time served in jail or prison as a result of such convictions, and date and place of release from any confinement. (11) Acknowledgment by each applicant that a criminal background check on the individual (including fingerprinting and photographs) may be conducted to verify any information provided in paragraphs (b)(9) and (10) of this section. (12) Such other information and documents as may be reasonably required by the manager. (c) An application for a temporary amusement shall contain the following information: (1) Names, addresses, and dates of births of the owner(s), sponsor(s), and any manager(s) of the establishment or business for which application is being made. If the owner, sponsor or manager is a corporation, partnership or similar entity recognized by law, the application shall also contain the complete name of the legal entity and the names, addresses, and dates of birth for all officers, directors, managing partners, and any individual with authority to manage or operate any aspect of the establishment or business. These individuals shall be collectively and individually regarded under this division as the "applicant." The name and address of the registered agent for service shall also be provided. (2) Address or location of the premises at which the temporary amusement shall be conducted and whether the temporary amusement will be presented outdoors. (3) The dates on which the temporary amusement will be conducted and the proposed hours of operation. (4) Type of temporary amusement(s) to be offered or provided. (5) Floor space and/or seating capacity of the premises, along with any plan or sketch of the premises that the manager may require. (6) Information and documents (including copies of leases, contracts and other applicable documents) detailing applicant's right to use the premises. (7) An application for use permit, with the approval of the department of zoning administration shown thereon, for the use of the premises for the type of amusement proposed to be offered or provided. (8) A statement by each applicant identifying any administrative or court order, decree, or similar judicial or quasi-judicial edict, any consent decree or settlement agreement, any terms of probation, or any other legal restraint which could restrict or prohibit the individual from owning, managing, or being associated with the type of business or activity for which an application has been made. (9) A statement by each applicant identifying any convictions for criminal acts specified in paragraph (b)(9) of section 7-32, or the release from any confinement for such convictions, anywhere in the United States within the preceding five (5) years, the date and place of the conviction, any time served in jail or prison as a result of such convictions, and date and place of release from any confinement. (10) Acknowledgment by each applicant that a criminal background check on the individual (including fingerprinting and photographs) may be conducted to verify any information provided in paragraphs (c)(8) and (9) of this section. (11) Such other information and documents as may be reasonably required by the manager. (d) An application must be signed by an individual(s) named in paragraphs (b)(1) or (c)(1) of this section, as applicable, who will be the principal contact and responsible party with respect to the management and operation of the facility or activity being licensed. Following issuance of the license, this individual(s) shall not be changed without prior written notification to the manager. (e) No application shall be deemed complete unless and until all information required in this section to be submitted by the applicant has been submitted. (Ord. No. 806-98, § 2, 11-16-98; Ord. No. 1003-25, § 4, 7-28-25)

Denver Revised Municipal Code § 7-28 Additional licensing requirements for amusement facilities.

Sec. 7-28. - Additional licensing requirements for amusement facilities. (a) A license shall only be issued to, or exercised by, a licensee owning, operating, or managing an amusement facility. (b) No license for an amusement facility shall be transferable except as provided herein. Any change of ownership of a licensed amusement facility shall require a new application and license, with payment of fees therefor, and approval of the manager, all in accordance with the provisions of this division; provided, however, when a license has been issued to a husband and wife, or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner(s) to obtain a new license, and all rights and obligations established under the original license shall continue in full force and effect as to such survivors until the expiration date specified on the license. The transfer, sale or assignment of fifty (50) percent or more of the corporate stock or fifty (50) percent or more of the interest in a partnership or sole proprietorship shall be conclusively presumed to be a change of ownership. (c) The license shall contain any terms or restrictions imposed by the manager, based on the circumstances of the proposed activity, which are reasonably necessary to ensure that any impacts upon nearby residents and properties are properly mitigated or eliminated in order to preserve the peace and order of the community and that the amusement facility is properly operated within the requirements of this article and other applicable law. (d) For any amusement center, billiard parlor or pool hall, the license shall specify the number of amusement devices to be permitted at the amusement center and/or the square footage of area for playing at billiard or pool tables. These numbers shall not be changed without the written approval of the manager. (Ord. No. 806-98, § 2, 11-16-98; Ord. No. 1003-25, § 4, 7-28-25)

Denver Revised Municipal Code § 7-29 Additional licensing requirements for temporary amusements.

Sec. 7-29. - Additional licensing requirements for temporary amusements. (a) A license shall only be issued to, or exercised by, a licensee owning, operating, sponsoring, or managing a temporary amusement. (b) The license shall be effective only for those dates and hours of operation specified in the license. The license dates may be modified only upon the approval of the manager, but may not be extended beyond those number of days allowed under this article for the specific type of temporary amusement. (c) The license shall contain any terms or restrictions imposed by the manager, based on the circumstances of the proposed activity, which are reasonably necessary to ensure that any impacts upon nearby residents and properties are properly mitigated or eliminated in order to preserve the peace and order of the community and that the temporary amusement is properly operated within the requirements of this article and other applicable law. (d) The manager may prescribe by rules and regulations an expedited licensing process for temporary amusements consistent with the requirements of this article. (Ord. No. 806-98, § 2, 11-16-98; Ord. No. 1003-25, § 4, 7-28-25)

Denver Revised Municipal Code § 7-30 Reserved.

Denver Revised Municipal Code § 7-31 Fees.

Sec. 7-31. - Fees. Application and license fees under this division shall be as prescribed in section 32-48.5. No license application shall be reviewed or approved unless and until the prescribed fees have been paid. (Ord. No. 806-98, § 2, 11-16-98)

Denver Revised Municipal Code § 7-32 License issuance; grounds for denial.

Sec. 7-32. - License issuance; grounds for denial. (a) Unless a shorter period is prescribed by duly adopted rule or regulation, the manager shall complete his or her review and make a determination in accordance with this section within forty-five (45) days following the date a complete application and full payment of all required fees are received by the manager. A time extension of up to an additional thirty (30) days may be granted by the manager upon the applicant's written request and a showing of good cause. (b) The manager shall issue a license for an amusement facility or a temporary amusement, as applicable, unless the manager finds one (1) of the following: (1) The applicant fails to provide the manager within thirty (30) days of submitting a complete application, or within any time extension granted in accordance with subsection (a) of this section, the written approvals for the application (and for the purposes shown on the application) by the following, as applicable: 1) the fire department; 2) department of transportation and infrastructure (including building inspection division); and 3) department of public health and environment. (2) The applicant is not, or will not be, as applicable, the owner or manager of the amusement facility or the owner, sponsor, or manager of a temporary amusement. (3) Each individual applicant listed in the application is not at least eighteen (18) years of age. (4) A license previously issued under this chapter to the applicant (individual or entity) is currently under suspension or has been revoked and the time bar for a new application has not lapsed (see, for example, subsection 7-34(b)). (5) The type of amusement to be provided is not permitted by chapter 59 (zoning) at the location for which application is made; provided, however, that where the type of amusement to be provided is permitted at the location by chapter 59, although other types of amusement not so permitted by chapter 59 may be offered or provided under the license for which application is made, a restricted license may be issued with the zoning restrictions noted on the license. (6) The applicant does not have a right to possession of the premises or a right to use the premises for the type of license being sought. (7) The application contains false or misleading information material to the issuance of the license or does not contain requested information material to the issuance of a license. (8) Any applicant (individual or entity) has been restricted or prohibited by any administrative or court order, decree, or similar judicial or quasi-judicial edict, any consent decree or settlement agreement, any terms of probation, or any other legal restraint from owning, managing, or being associated with the type of business or establishment for which an application has been made. (9) Any individual applicant has been convicted or released from confinement following conviction within the preceding five (5) years, anywhere in the United States, for one (1) or more of the following: (A) Sexually-related crimes: prostitution, pandering, procuring, and pimping; sexual assault; incest; indecent exposure or public indecency; stalking; harassment; obscenity or the promotion, sale, distribution, or possession of obscene materials; any of the foregoing related to a child or children, including trafficking in child pornography, sexual exploitation of a child, or providing sexually explicit material to a child; and any criminal attempts, solicitations, or conspiracies, including racketeering, involving any of the foregoing; or (B) Drug-related crimes: the unlawful manufacture, transportation, promotion, distribution, dispensing, sale or possession with intent to distribute narcotics, stimulants, depressants, or other controlled substances; the unlawful manufacture, transportation, promotion, distribution, dispensing, or sale of alcohol beverages, including the dispensing or sale to a person under twenty-one (21) years of age or a visibly intoxicated person; and any criminal attempts, solicitations, or conspiracies, including racketeering, involving any of the foregoing; or (C) Any criminal act or violation of local government ordinance or regulation, which criminal act or violation was punished, following conviction, by incarceration and was directly related to the operation, or committed upon the premises, of any establishment or business licensed under this chapter or any similar establishment or business operated elsewhere in the United States; or (D) Any criminal act or violation of local government ordinance or regulation, which resulted in a conviction or judicial determination directly ordering or causing the permanent closure or forfeiture of any establishment or business owned or managed by the applicant and licensed under this chapter or any similar establishment or business owned or managed by the applicant elsewhere in the United States. When considering a criminal or ordinance violation conviction or judgment, the manager shall be governed by the provisions of C.R.S. Section 24-5-101, as amended, pertaining to the effect of criminal convictions on employment rights. The manager may also consider criminal convictions for lesser crimes that are sexually related or drug-related but are not listed in this paragraph (b)(9) under either of the following circumstances: There have been multiple convictions (three (3) or more) within the past five-year period or the conviction for a lesser crime appears, from uncontradicted evidence, to have resulted from a plea bargain and that the original charge or indictment was for a criminal act listed in this paragraph (b)(9). (Ord. No. 806-98, § 2, 11-16-98; Ord. No. 427-18, § 4, 6-11-18; Ord. No. 39-20, § 9, 2-3-20; Ord. No. 1003-25, § 4, 7-28-25)

Denver Revised Municipal Code § 7-33 Term; renewal.

Sec. 7-33. - Term; renewal. (a) Any license for an amusement facility issued under this division shall expire one (1) year from the date of issuance as specified on the license. It shall be unlawful for any licensee or other person to operate an amusement facility under any license which has expired. (b) Any license for a temporary amusement issued under this division shall expire as specified in the license. It shall be unlawful for any licensee to operate a temporary amusement under any license which has expired. (c) At least ten (10) days prior to the expiration of an amusement facility license issued under this division, a licensee seeking renewal of the license shall submit a complete renewal application, upon forms provided by the department, and make payment of the appropriate license fee as prescribed in section 32-48.5. Upon determining that the licensee has satisfied the requirements set forth in this article and that the license is not under suspension or revocation under section 7-34, the manager shall issue a renewal license. If there are current violations or failures to comply as specified in subsection 7-34(a), the manager shall set the matter for hearing as provided in section 7-34. A determination of revocation shall result in the denial of the renewal application, while a determination of suspension will result in a new review and decision by the manager under this section prior to the end of the suspension period. (Ord. No. 806-98, § 2, 11-16-98; Ord. No. 1003-25, § 4, 7-28-25)

Denver Revised Municipal Code § 7-34 Suspension or revocation; notice; hearing.

Sec. 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)

Denver Revised Municipal Code § 7-35 Right of appeal.

Sec. 7-35. - Right of appeal. (a) Any final decision of the manager may be appealed by bringing an appropriate action, including a C.R.C.P. Rule 106(a)(4) appeal, in the state district court for the City and County of Denver. "Final decisions" are those determinations made by the manager as provided in sections 7-32, 7-33, and 7-34. Any appeal shall be filed with the district court clerk within thirty (30) days following the date the decision was deposited in the United States mail addressed to the applicant. (b) No objection will be made to the acceleration of any C.R.C.P. Rule 106(a)(4) appeal if such an appeal is timely filed and the complaint and summons, along with a court order to certify the entire record of decision, is served upon the manager within three (3) days following filing the same with the district court clerk. (c) No establishment or business may continue to operate under a license which has terminated under section 7-33 or which has been suspended or revoked under section 7-34 unless a stay or restraining order, as appropriate, is obtained from the court. (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_DIV2LIFetched: 10/27/2026