Author: Austin Gemmell
The City of Denver has recently made changes to Cabaret, Amusement, and Dance Hall permits. These changes are set to take place on April 1, 2027. When the changes go into place, none of the previously mentioned licenses will be renewable. Instead, a new application for an entertainment type license (as explained below) will need to be made prior to the expiration of the existing Cabaret, Amusement, or Dance Hall permit in 2027 to continue offering adult and/or live entertainment.
Upon application, public hearings for entertainment type licenses may be required prior to issuance, even if the applicant held a prior Cabaret, Amusement, or Dance Hall permit. A major factor taken into account by the city in determining if a hearing should be held is whether it receives substantial requests from parties with an interest in the neighborhood for a hearing, such as nearby residents, business owners/managers, and registered neighborhood organizations. Additionally, city inspections, such as zoning, fire, building, health, and licensing inspections, will be required for the application, even if the applicant held a prior Cabaret, Amusement, or Dance Hall permit.
The entertainment type licenses apply to three newly created types of businesses: (1) Limited Entertainment Businesses; (2) Nightlife Entertainment Businesses; and (3) Adult Entertainment Businesses. All of these businesses have distinct definitions under the new ordinance, but a common theme among them is that they all offer Live Entertainment, which is defined as those businesses that offer dance floors, live music, and live performances, including performances by a DJ. The definition specifically excludes unamplified, spoken, or dance performances by a single performer, ambient or background music, TV Broadcasts, or amplified recreational games/activities with an emcee, such as bingo, trivia, bowling, lawn games, arcade games, darts, axe-throwing, billiards, or miniature golf. In addition, the definition exempts operators of Amusement or Water Parks, Non-Profit Cultural Institutions (i.e., Museums), Athletic Facilities, or Movie Theaters.
The remainder of this compliance alert will focus on Limited Entertainment Businesses. If you have questions about Nightlife Entertainment Businesses or Adult Entertainment Businesses, please contact us directly.
Limited Entertainment Businesses:
A Limited Entertainment Business is a business that offers Live Entertainment before 12:00am on any given day.
If a Limited Entertainment Business opts to provide Live Entertainment between the hours of 12:00am and 2:00am, it must do so under the following conditions:
- The Live Entertainment may not occur more than twelve (12) times per year, as this would designate the business as a Nightlife Entertainment Business;
- 72 hours prior notice of the proposed Live Entertainment must be given to the city’s Department of Licensing and Consumer Protection; and
- The business must also post notice of the extension of hours on the exterior of its building 72 hours prior to the proposed Live Entertainment.
Additionally, if the business permits patrons under the age of twenty-one (21) to remain on the premises after 10:00pm and offers any adult product for sale – “adult product” being any product that may only be sold to individuals at or above the age of twenty-one (21), such as alcohol – then the business must either obtain an Underage Patron Endorsement (as explained below) OR the underage patrons must be accompanied by a guardian if they are to remain on the premises after 10:00pm.
Underage Patron Endorsement:
To apply for an Underage Patron Endorsement, the business must provide that: (1) patrons under the age of twenty-one (21) be marked with a non-transferable identifier, such as a hand stamp or colored wrist band, distinguishing them from those who are at or over the age of twenty-one (21); and (2) a written and established policy for verifying identification and age must be in place for all entry points.
New Fee Schedule:
(a) Application and license fees for limited entertainment business licenses shall be as follows:
(1) Application fee…$500.00
(2) Annual license fee…$500.00
(3) Criminal background check fee…Actual costs
(4) Change of ownership fee…$250.00, plus actual cost of background check
(5) Modification of premises…$300.00
(6) Underage patron endorsement review…$500.00
It is never too early to start preparing for the new licensure change in 2027. Please contact us directly with any additional questions about the new ordinance.
