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Denver Releases Draft Program Requirements for Above Curb Patios

Patrons seated on an outdoor patio in the tree lawn

The first draft program requirements for the permanent Outdoor Places Program are now available for public review and comment. These draft program requirements apply to above curb patios that are located in the public right-of-way but do not occupy on-street parking or vehicle travel lanes -- typically located on sidewalks or tree lawns. This program will replace the current Tables, Chairs and Rails (TCR) permit program through DOTI.

The draft requirements, informed by an evaluation of best practices around the country:

  • Offer more flexibility for patio configuration/delineation and business 
  • Provide greater emphasis on stewardship of the Right-of-Way 
  • Better account for accessibility needs, especially for persons with disabilities 
  • Clarify the management and operational responsibilities of the operator.  
View the draft requirements

Public comment

Public comment will be accepted through Friday, November 4.

Submit a comment
outdoor dining in the public right of way along Tennyson St

What's next?

Through the Outdoor Places Program, the city is also working to develop guidelines for patios in the right of way below the curb and patios on private property, which will be released next year.

If you currently have a patio...

In the Public Right of Way - Above and Below the Curb

Businesses whose outdoor dining areas are in the public right of way and that adhere to the city’s guidelines for temporary outdoor dining setups will be eligible to apply for a permit extension valid for six months, instead of what was previously three months, from November 1, 2022, to April 30, 2023. The permit cost is $100.00. 

Above the Curb

Businesses with above curb patio setups will have an opportunity to apply to the permanent program before temporary permits end on April 30, 2023.

Below the Curb

Permits for temporary patio locations “below the curb,” such as those in parking lanes and travel lanes, will have a subsequent six-month extension opportunity after April 30, 2023 since guidelines for these patios will be coming later in 2023.

On Private Property

Businesses whose patios are on private property can continue to keep their outdoor patios through April 30, 2023 if they continue to notify neighbors of their temporary patio via a public posting. Instructions on public notification have been emailed to businesses participating in the temporary program. Note that businesses with patios on private property may be subject to a Needs and Desires Hearing, as directed by the Department of Excise and Licenses. For any questions, email [email protected].

View expiration dates based on patio location
Raised tables and umbrellas adjacent to a public sidewalk

Help create the permanent Outdoor Places Program

The driving objective is to facilitate safe, well designed, privately maintained outdoor spaces that enhance the public realm for everyone. Through appropriate safety and mobility guidelines and a coordinated permit process, the Outdoor Places Program will offer greater flexibility for unique and enjoyable outdoor activities. 

Learn more
Picture of an outdoor patio with the Mile High City welcome sign

Changing your floor plan?

Please be aware that any liquor-licensed premise modifying an existing floor plan must submit a "modification of premises" application with the Department of Excise and Licenses. There are two types of modification of premises: temporary and permanent. The expiration date for a temporary modification of premises will vary and is tied to the date the liquor license expires. Instructions on how to submit an application, required documents, inspections, and fees are available on the modification of premises webpage below. 

Modification of premises

Thank you for reading! Visit us online at or Outdoor Places Program.

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