Retail Marijuana Licenses

Notice: On May 1, 2016 a new ordinance took effect that prohibits Denver Excise and Licenses from accepting new applications for retail marijuana stores and retail marijuana cultivation facilities that would result in the creation of new storefront or cultivation locations. Applications for these license types at new locations will be accepted in the future via a lottery process. For more information, please review the laws outlined in Council Bill 16-0291 and the Denver Revised Municipal Code.

Businesses that would like to obtain a new retail marijuana business license must follow these steps:

Step 1: Submit a completed state application form along with all supporting documents and application fees to the State of Colorado's Marijuana Enforcement Division.

Step 2: The state Marijuana Enforcement Division will send a copy of the application and the required application fees to Denver's Department of Excise and Licenses.

Step 3: Denver's Department of Excise and Licenses will review the state application to determine whether you are eligible to apply for a retail marijuana license in Denver. The eligibility review does not have any bearing on whether a business will ultimately be granted a license. The applicant will either receive a letter from the department rejecting the state application, or the applicant will be notified that they may come in to Excise and Licenses to submit an application for a local license.

Step 4: At this point, applicants who have not been rejected should submit a completed Retail Marijuana Establishment New License Application form along with all supporting documents and payment for the license fee to Denver Excise and Licenses.

Step 5: The department will review the application and all supplemental documents. It is the goal to have reviews complete within 30 days of receipt of complete application, however given the large volume of applications and changes in regulations, the application review process may extend beyond such timeframe. If 30 days have passed and you would like to check on the status of your application review, please contact CAOExciseandLicense@denvergov.org

Step 6: Retail Marijuana Stores will have a public needs and desires hearing coordinated by Denver Excise and Licenses.

Step 7: After any hearing requirements are met, the business will be issued an inspection notice that explains how to schedule applicable inspections. Please refer to the section below titled "Inspection Process" for more details.

Step 8: Once you have completed the required local inspections, e-mail exlapplications@denvergov.org a copy of your approved state license, along with a request to issue your local license. Please include the BFN Record ID in this e-mail. The city will then e-mail you a copy of the local license.

All applications will be administratively closed if they are not completed within 12 months. 

Businesses will need to submit their Denver application fees to the state Marijuana Enforcement Division along with their state application. Checks should be made payable to the "Manager of Finance".

Please refer to the Marijuana Enforcement Division's Fee Schedule to determine the applicable applications fee.

Once the applicant receives approval from Denver Excise and Licenses to submit a city application, an additional $5,000 licensing fee will need to be paid. This fee must be paid at the time of city application submittal. Checks should be made payable to the "Manager of Finance". The city also accepts Visa, Mastercard, Discover, and cash payments.

Application fees are non-refundable. If an applicant does not successfully obtain a license, they may request a refund of the license fee by e-mailing a completed Refund Request Form to exlapplications@denvergov.org

In addition to the required fees, applicants will need to submit a completed Retail Marijuana Establishment New License Application, along with all required supporting documents. The required supporting documents are:

Required Documents

1. A floor plan of the premises (see requirements below)
2. Copy of Burglar Alarm Monitoring Contract
3. Copy of Burglar Alarm Permit
4. Copy of City & State Sales Tax License (for stores only) 
5. Copy of Valid State or Federally Issued ID for any owner who owns 10% or more of the license, either directly or indirectly through an entity
6. Copy of Zoning Use Permit
7. Lease or Deed (If leased, the owner must provide written consent to lease to a marijuana establishment, and the lease must be valid for at least 90 days from the date the application is submitted.)
   
8. By-Laws, Operating or Partnership Agreement, etc., as applicable (Organizational or Corporate Governance Documents)
9. A community engagement plan is required. (It is strongly recommended to use this  community engagement plan template.) The community engagement plan must contain the following items in a clearly delineated format:
   • The name, telephone number, and email address of the person affiliated with the applicant who is responsible for neighborhood outreach and engagement.
   • The names of all Registered Neighborhood Organizations whose boundaries encompass the location of the proposed licensed premises, and a statement that the applicant shall contact the Registered Neighborhood Organizations prior to commencing operations. (Note: Here is an RNO Finder Tool.)
   • An outreach plan to contact and engage residents and businesses in the local neighborhoods where any license is located.
   • A detailed description of any plan to create positive impacts in the neighborhoods where the licensed premises are located, which may include by way of example, participation in community service, volunteer service, and active promotion of any local neighborhood plans.
   • Written policies and procedures to timely address any concerns or complaints expressed by residents and businesses within the neighborhood surrounding the licensed premises.
   • Written policies and procedures designed to promote and encourage full participation in the regulated marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement in order to positively impact those communities.
10. If the proposed change will result in the licensed premises of a cultivation facility being located in a zone district other than an I-A, I-B, OS-B, I-O, I-1, I-2, OS-1, or OS-2 zone district, then the following documents are required:
    • Proof that a Zoning Use Permit for plant husbandry was applied for upon the same zone lot on or before July 1, 2010.  
    • Proof that an optional premises cultivation license upon the same zone lot was applied for the the state medical marijuana licensing authority on or before August 1, 2010.
    • Documentary or other empirical evidence that the cultivation of medical marijuana had commenced on the proposed zone lot prior to January 1, 2011.

 

Floor Plan Requirements

Provide a floor plan, or multiple floor plans, drawn to scale on a standard 8 ½” x 11” piece of paper. It is preferred and strongly recommended that you submit plans that have been prepared digitally or plans prepared by a design professional. Separate floors must be shown on separate pieces of paper and clearly identified (i.e. Basement, First Floor, etc.) Your floor plan must be complete and accurate. The submission must include:

• The physical layout of the establishment with the legibly labeled principal uses of each room in the premises.
• The legible identification of all security cameras and DVR locations.
• The intended Licenses Premises must be contiguous and outlined in red.
• The intended Limited Access Areas must be contiguous and outlined in green.
• Stores Only: Each room that is Restricted Access Area must be clearly labeled as such and must identify POS and sales counter locations.

If you choose to submit multiple floor plans to satisfy all of the requirements outlined above, the physical layout and room uses must be identical for each floor plan showing the same section of the premises. 

Definitions

 

• Licensed Premises: The premises in possession of the Licensee and within which the Licensee is authorized to cultivate, manufacture, distribute, sell, store, transport, or test marijuana.
• Limited Access Area: The contiguous area within the Licensed Premises where marijuana is grown, cultivated, stored, weighed, packaged, or processed.
• Restricted Access Area: The area within the Licensed Premises where marijuana is sold, possessed for sale, or displayed for sale.

Proposed facility locations must comply with the restrictions laid out in the Denver Zoning Code, the Former Chapter 59 Zoning Code, and the Denver Revised Municipal Code.

The Marijuana Facility Location Guide has been put together to assist applicants in choosing an acceptable location.

The map at the bottom of this webpage displays active medical marijuana center and retail marijuana store licenses.

A list of pending marijuana applications can be found on the Denver Open Data Catalog.

A list of proposed locations for pending medical marijuana center and retail marijuana store transfer of locations can be obtained by e-mailing marijuanainfo@denvergov.org

A list of active Denver child care facility licenses can be found on the Denver Open Data Catalog.

A list of all licensed childcare facilities in Colorado, including preschools, can be found on the Colorado Office of Early Education website under Licensed Facility List.

Additionally, you can find the zone districts surrounding a proposed location using this map.

Please Note – The criteria for successfully completing a transfer of location have recently changed with the passage of Council Bill 16-0291. We strongly recommend that you seek legal council to ensure compliance with the law.

Upon submission of a completed application for a new retail marijuana business license, an inspection card will be issued that describes how to schedule inspections for all applicable agencies. Excise and Licenses will receive electronic proof from each of the inspecting agencies as the inspections are completed and approved. All five inspecting agencies must submit proof of successful inspection completion to Excise and Licenses before any license will be issued.

We recommend that you enlist the services of a professional to develop plans for the building, zoning, public health, and fire prevention elements of your building.

The following city agencies sign off on all marijuana business inspection cards:

Community Planning & Development: Building Inspections Division

• Applicable Building Code Information
  
• Permit Info
• Schedule an Inspection

Community Planning & Development: Zoning Division

• Applicable Zoning Code Information
  
• Permit Info
• Schedule an Inspection

Public Health & Environment: Public Health Inspections Division (Signature Required for Stores, MIPs, Testing Facilities, Transporters, and Off-Premises Storage Locations Only)

• Applicable Rules and Regulations
• Schedule an Inspection by calling 311 (if outside of Denver, call 720-913-1311)

Public Health & Environment: Environmental Quality (Signature Required for Cultivation Facilities Only)

• Cannabis Sustainability Information
• Schedule an Inspection by calling 311 (if outside of Denver, call 720-913-1311)

Excise and Licenses

• Denver Retail Marijuana Code
• Denver Licensing Code
• Schedule an Inspection by calling 311 (if outside of Denver, call 720-913-1311)

Fire Prevention

• Applicable Code Information
  
• Permit Info
• Schedule an Inspection by calling 720-913-3409

A brief guide including multi-agency common marijuana business inspection requirements can be found here.

Denver marijuana business licenses are valid for one year. Businesses are required to renew a license within 60 days before its expiration date.

To renew a Marijuana Business License, follow these steps:

1. Complete the Marijuana License Renewal Application.
2. Bring the completed application along with all supporting documents and the required annual license fee to Denver's Department of Excise and Licenses. 
3. You will be issued a new license upon receipt of a completed application and successful completion of any hearing requirements or pending amendment applications.

All applications will be administratively closed if they are not completed within 12 months.

Please Note - Retail Marijuana businesses are required to renew their state- issued licenses on an annual basis, with the exception of transporters, who review every two years at the state. 

Upon submission of a renewal application for a retail marijuana business license, applicants will be required to pay a $5,000 annual license fee. Checks should be made payable to the "Manager of Finance". The city also accepts Visa, Mastercard, Discover, and cash payments.

In addition to the required fees, applicants will need to submit a completed Marijuana License Renewal Application, along with all required supporting documents. The required supporting documents are:

Required Documents

1. Copies of any Orders to Show Cause, Summary Suspension, or Administrative Hold issued by the Marijuana Enforcement Division within the last 12 months.
   
2. Copy of State License for each license being renewed.
3. Lease or Deed (if leased, the owner must provide written consent to lease to a marijuana establishment, and the lease must be valid for at least 90 days from the date the application is submitted.)
   
4. A community engagement plan that contains the following items in a clearly delimited format. Using this community engagement plan template is strongly recommended.
   • The name, telephone number, and email address of the person affiliated with the applicant who is responsible for neighborhood outreach and engagement.
   • The names of all Registered Neighborhood Organizations whose boundaries encompass the location of the proposed licensed premises, and a statement that the applicant shall contact the Registered Neighborhood Organizations prior to commencing operations. (Note - Here is a RNO Finder Tool.)
   • An outreach plan to contact and engage residents and businesses in the local neighborhoods where any license is located.
   • A detailed description of any plan to create positive impacts in the neighborhoods where the licensed premises are located, which may include by way of example, participation in community service, volunteer service, and active promotion of any local neighborhood plans.
   • Written policies and procedures to timely address any concerns or complaints expressed by residents and businesses within the neighborhood surrounding the licensed premises.
   • Written policies and procedures designed to promote and encourage full participation in the regulated marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement in order to positively impact those communities.

Businesses are allowed to renew their license up to 90 days after its expiration date. They will have to pay late fees as determined by the Denver Revised Municipal Code. Additionally,the following law found in Chapter 6 of the Denver Revised Municipal Code applies:

Except where the director has received a complete renewal application along with the requisite fees, it shall be unlawful for any person to manufacture, sell, distribute, transfer, transport, or otherwise remove marijuana or marijuana products from the premises of a licensed retail marijuana establishment after the expiration date recorded upon the face of any local license issued pursuant to this article V for that location.

The Director of Denver Excise and Licenses may schedule a renewal hearing for a cultivation (grow) license located in a zone district where plant husbandry is no longer a permitted use. You may find a list of cultivation facilities located in a zone district where plant husbandry is no longer a permitted use by e-mailing marijuanainfo@denvergov.org.

Parties of interest that may request such a hearing are:

• The applicant;
• An adult resident of the ‘neighborhood under consideration’;
• The owner or manager of a business located in the ‘neighborhood under consideration’;
• An authorized representative of a registered neighborhood organization that encompasses all or part of the ‘neighborhood under consideration’; or
• Any member of city council elected from a district that encompasses all or any part of the ‘neighborhood under consideration’.

The ‘neighborhood under consideration’ is defined as follows:

• For premises located in the Central Business District and Lower Downtown (LoDo), the ‘neighborhood under consideration’ is determined by counting approximately nine square blocks from the cultivation facility location following the pattern of the block ends.
• For premises located in any other neighborhoods in Denver, the ‘neighborhood under consideration’ is determined by counting five blocks from the proposed location to the north, five blocks to the south, five blocks to the east and five blocks to the west. All block sizes are approximate. These four points will then be joined by a straight line following the pattern of the block ends.

The Department may modify a Designated Area to avoid cutting through blocks, residences, or businesses. Any party in interest may also request the Director to modify an established Designated Area.

In order to submit a request for a renewal hearing, a party of interest must gather at least ten valid signatures of parties in interest using forms supplied by the Department. Please e-mail EXLApplications@denvergov.org for these forms. The party in interest must present the petition to the Department within ninety days of the licensee’s renewal date. Any Licensee who is required to attend a public hearing must post notice of hearing on the licensed premises for a period of at least ten days prior to the hearing.  At the public hearing, the incumbent licensee and any other interested party shall be entitled to speak and present evidence supporting or opposing renewal of the license. The optional premises cultivation license shall be eligible for renewal in its current compliant or nonconforming location unless it is shown by a preponderance of the evidence presented at the hearing that:

1. The existence of the medical marijuana cultivation on the licensed premises has frustrated the implementation of the city's comprehensive plan and any adopted neighborhood plan applicable to the subject property;
2. The existence of the medical marijuana cultivation operation on the licensed premises has negatively affected nearby properties or the neighborhood in general, including by way of example any adverse effects caused by excessive noise, odors, vehicular traffic, or any negative effects on nearby property values;
3. The existence of the medical marijuana cultivation operation has caused crime rates to increase in the surrounding neighborhood;
4. The continued existence of a licensed medical marijuana cultivation operation in the subject location will have a deleterious impact on public health, safety and the general welfare of the neighborhood or the city; or
5. The applicant or any person from whom the applicant acquired a retail marijuana business failed to meet one or more of the requirements specified in D.R.M.C. § 6-214(a)(2). 

As of November 1, 2019, Denver's Department of Excise and Licenses is changing its process for accepting Marijuana Transfer of Ownership Applications.

This change is being made to align with Colorado House Bill 19-1090 and the state Marijuana Enforcement Division's rules for collecting ownership information for marijuana businesses.

New Process

As of November 1, 2019, if you are required to submit a state Change of Controlling Beneficial Owner Application form DR 8535, you will be required to submit a Denver Marijuana Transfer of Ownership Application. 

Below is the new process.

Step 1: Determine whether you are required to submit a state Change of Controlling Beneficial Owner Application (form DR 8535). If you are unsure, please visit the state Marijuana Enforcement Division's website. The state Marijuana Enforcement Division will be issuing guidance and other resources on its website as part of its implementation of HB19-1090.

Step 2: If required, submit the Change of Controlling Beneficial Owner Application to the state.

Step 3: The state will send a copy of your Change of Controlling Beneficial Owner Application to Denver's Department of Excise and Licenses.

Step 4: When the Department of Excise and Licenses receives your state Change of Controlling Beneficial Owner Application, the department will contact you to ask you to submit a Denver Marijuana Transfer of Ownership Application.

Step 5: You will submit the Denver Marijuana Transfer of Ownership Application and pay the required fees. Please note: The Marijuana Enforcement Division investigator who processes your Change of Controlling Beneficial Owner Application may request a date-stamped copy of your Denver Marijuana Transfer of Ownership Application. This will be proof of conditional local approval, so please keep this for your records.

Step 6: E-mail exlapplications@denvergov.org proof that the state has found any new Controlling Beneficial Owner(s) suitable for ownership. Include in your email a request to close out your local Transfer of Ownership application and the Amendment Record ID(s) associated with the Denver Marijuana Transfer of Ownership Application. The city will then update your file to reflect the new ownership information.

Please note: If a change of ownership does not require you to submit a state Change of Controlling Beneficial Owner Application, you are not required to submit a Denver Marijuana Transfer of Ownership Application. Upon renewal of your marijuana license, you will be required to submit information for owners who hold 10% or more interest in the license. If you are removing an owner and/or reallocating ownership, disclose the information on renewal.

All applications will be administratively closed if they are not completed within 12 months.

Upon submission of a Transfer of Ownership application, applicants will be required to pay a $100 fee per license. Checks should be made payable to the "Manager of Finance". The city also accepts Visa, Mastercard, Discover, and cash payments.

In addition to the required fees, applicants will need to submit a completed Marijuana License Transfer of Ownership Application, along with all required supporting documents. The required supporting documents are:

Required Documents 

1. By-Laws, Operating or Partnership Agreement, etc., as applicable (Organizational or Corporate Governance Documents)
2. Copy of Valid State or Federally Issued ID for any owner who owns 10% or more of the license, either directly or indirectly through an entity 
3. Purchasing Agreement (required if any shares of the business were sold)
   

Additional Required Documents

The following documents are only required if the licensee's entity name or corporate structure type changes as a result of this transaction.

1. Copy of new license holder's City and State Sales Tax Licenses (for stores and centers only)
2. New license holder's Lease or Deed (If leased, the owner must provide written consent to lease to a marijuana establishment, and the lease must be valid for at least 90 days from the date the application is submitted.)

Anytime a marijuana business wishes to change the location of their establishment they must file for a Transfer of Location with Denver Excise and Licenses. 

To file a Transfer of Location for a retail marijuana business, follow the steps below:

Step 1: Submit a completed Marijuana License Transfer of Location form along with all supporting documents and application fees to Denver Excise and Licenses.

Step 2: The Department will review the application and all supplemental documents. It is the goal to have reviews complete within 30 days of receipt of complete application, however given the large volume of applications and changes in regulations, the application review process may extend beyond such time frame. If 30 days have passed and you would like to check on the status of your application review, please contact EXLapplications@denvergov.org

Step 3: Retail Marijuana Stores will have a public needs and desires hearing coordinated by Denver Excise & Licenses.

Step 4: After any hearing requirements are met, the MED will be notified that they may accept a corresponding change of location application. Simultaneously, businesses will be issued an inspection notice that explains how to schedule applicable inspections. Please refer to the section below titled "Inspection Process" for more details.

Step 5: Once you have completed the required local inspections, e-mail exlapplications@denvergov.org proof of state approval for the Change of Location, along with a request to close our your local Transfer of Location application. Please include the Amendment Record ID(s) in this e-mail. The city will then complete the local application and e-mail you a copy of the new license.

All applications will be administratively closed if they are not completed within 12 months. 

Upon submission of a Transfer of Location application, applicants will be required to pay a $750 fee per license. Checks should be made payable to the "Manager of Finance". The city also accepts Visa, Mastercard, Discover, and cash payments.

In addition to the required fees, applicants will need to submit a completed Marijuana License Transfer of Location Application, along with all required supporting documents. The required supporting documents for the new premises are:

Required Documents

1. Affidavit of State License Change of Location
   
2. A floor plan of the new premises (see requirements below)
3. Copy of Burglar Alarm Monitoring Contract for the new premises
4. Copy of Burglar Alarm Permit for the new premises
5. Copy of State License for each license being transferred
6. Copy of Zoning Use Permit for the new premise
7. If the proposed change will result in the licensed premises of a cultivation facility being located in a zone district other than an I-A, I-B, OS-B, I-O, I-1, I-2, OS-1, or OS-2 zone district, then the following documents are required:
   • Proof that a zoning permit for plant husbandry was applied for upon the same zone lot on or before July 1, 2010.
   • Proof that an optional premises cultivation license upon the same zone lot was applied for with the state medical marijuana licensing authority on or before August 1, 2010.
   • Documentary or other empirical evidence that the cultivation of medical marijuana had commenced on the proposed zone lot prior to January 1, 2011.
8. Lease or Deed for the new premise (if leased, the owner must provide written consent to lease to a marijuana establishment, and the lease must be valid for at least 90 days from the date the application is submitted.)
9. State Notification Waiver for each license
   

Floor Plan Requirements

Provide a floor plan, or multiple floor plans, drawn to scale on a standard 8 ½” x 11” piece of paper. It is preferred and strongly recommended that you submit plans that have been prepared digitally or plans prepared by a design professional. Separate floors must be shown on separate pieces of paper and clearly identified (i.e. Basement, First Floor, etc.) Your floor plan must be complete and accurate. The submission must include:

• The physical layout of the establishment with the legibly labeled principal uses of each room in the premises.
• The legible identification of all security cameras and DVR locations.
• The intended Licenses Premises must be contiguous and outlined in red.
• The intended Limited Access Areas must be contiguous and outlined in green.
• Stores only: Each room that is Restricted Access Area must be clearly labeled as such and must identify POS and sales counter locations.

If you choose to submit multiple floor plans to satisfy all of the requirements outlined above, the physical layout and room uses must be identical for each floor plan showing the same section of the premises. 

Definitions

• Licensed Premises - The premises in possession of the Licensee and within which the Licensee is authorized to cultivate, manufacture, distribute, sell, store, transport, or test marijuana.
• Limited Access Area - The contiguous area within the Licensed Premises where marijuana is grown, cultivated, stored, weighed, packaged, or processed.
• Restricted Access Area - The area within the Licensed Premises where marijuana is sold, possessed for sale, or displayed for sale.

Proposed facility locations must comply with the restrictions laid out in the Denver Zoning Code, the Former Chapter 59 Zoning Code, and the Denver Revised Municipal Code.

The Marijuana Facility Location Guide has been put together to assist applicants in choosing an acceptable location.

The map at the bottom of this web page displays active medical marijuana center and retail marijuana store licenses.

A list of pending marijuana applications can be found on the Denver Open Data Catalog.

A list of proposed locations for pending medical marijuana center and retail marijuana store transfer of locations can be obtained by e-mailing marijuanainfo@denvergov.org

A list of active Denver child care facility licenses can be found on the Denver Open Data Catalog.

A list of all licensed childcare facilities in Colorado, including preschools, can be found on the Colorado Office of Early Education website under Licensed Facility List.

Additionally, you can find the zone districts surrounding a proposed location using this map.

Once an application successfully passes the quality control review, an inspection card will be issued that describes how to schedule inspections for all applicable agencies. Excise and Licenses will receive electronic proof from each of the inspecting agencies as the inspections are completed and approved. All five inspecting agencies must submit proof of successful inspection completion to Excise and Licenses before any license will be issued.

We recommend that you enlist the services of a professional to develop plans for the building, zoning, public health, and fire prevention elements of your building.

The following city agencies sign off on all marijuana business inspection cards:

Community Planning & Development: Building Inspections Division

• Applicable Building Code Information
  
• Permit Info
• Schedule an Inspection

Community Planning & Development: Zoning Division

• Applicable Zoning Code Information
  
• Permit Info
• Schedule an Inspection

Public Health & Environment: Public Health Inspections Division (Signature Required for Stores, MIPs, Testing, Transporter, and Off-Premises Storage Facilities)

• Applicable Rules and Regulations
• Schedule an Inspection by calling 311 (if outside of Denver, call 720-913-1311)

Public Health & Environment: Environmental Quality (Signature Required for Cultivation Facilities Only)

• Cannabis Sustainability Information
• Schedule an Inspection by calling 311 (if outside of Denver, call 720-913-1311)

Excise and Licenses

• Denver Retail Marijuana Code
• Denver Licensing Code
• Schedule an Inspection by calling 311 (if outside of Denver, call 720-913-1311)

Fire Prevention

• Applicable Code Information
  
• Permit Info
• Schedule an Inspection by calling 720-913-3409

A brief guide including multi-agency common marijuana business inspection requirements can be found here.

A Modification of Premises is required when any of the following occurs:

• Changing the square footage of the building/licensed premises
• Altering the layout of the facility (including modifying doorways, adding/removing walls) or any other action that would require a building permit.
• The addition or reconfiguration of a point of sale location
• The addition or replacement of electrical fixtures for the purpose of increasing power for cultivation activities.
• The addition or removal of a cultivation or MIP facility from the premises
• The addition, alteration, or removal of extraction equipment, including any extraction ventilation system components
• Additions, alteration or deletion of any enrichment system(s)

If you are simply updating your security plan to add or remove cameras, please e-mail a completed Request to Amend Floor Plan application to EXLApplications@denvergov.org. 

Anytime a marijuana business wishes to modify their premises they must file for a Modification of Premises with Denver Excise & Licenses.

To file for a Modification of Premises, follow the steps below:

Step 1: Complete a Marijuana License Modification of Premises Application form along with all supporting documents and application fees to Denver Excise and Licenses.

Step 2: The Department will review the application and all supplemental documents for completeness. It is the goal of the Department to have reviews complete within 30 days of receipt of complete application, however, the application review process may extend beyond such timeframe.

Step 3: Once the quality control review is complete, the MED will be notified that they may accept a corresponding modification of premises application. Simultaneously, the business will be issued an inspection notice that explains how to schedule applicable inspections. Please refer to the section below titled "Inspection Process" for more details.

Step 4: Once you have completed the required local inspections, e-mail exlapplications@denvergov.org proof of state approval for the Modification of Premises, along with a request to close out your local application. Please include the Amendment Record ID(s) in this e-mail. They city will then update your file to reflect the new floor plan and the completion of the modification of premises application.

All applications will be administratively closed if they are not completed within 12 months. 

Upon submission of a modification of premises application, applicants will be required to pay a $150 fee per license. Checks should be made payable to the "Manager of Finance". The city also accepts Visa, Mastercard, Discover, and cash payments.

In addition to the required fees, applicants will need to submit a completed Marijuana License Modification of Premises Application, along with all required supporting documents. The required supporting documents are:

Required Documents

1. A floor plan of the proposed premises (see requirements below)
   
2. Copy of Zoning Use Permit
3. State Notification Waiver for each license
   

Floor Plan Requirements

Provide a floor plan, or multiple floor plans, drawn to scale on a standard 8 ½” x 11” piece of paper. It is preferred and strongly recommended that you submit plans that have been prepared digitally or plans prepared by a design professional. Separate floors must be shown on separate pieces of paper and clearly identified (i.e. Basement, First Floor, etc.) Your floor plan must be complete and accurate. The submission must include:

• The physical layout of the establishment with the legibly labeled principal uses of each room in the premises.
• The legible identification of all security cameras and DVR locations.
• The intended Licenses Premises must be contiguous and outlined in red.
• The intended Limited Access Areas must be contiguous and outlined in green.
• Stores only: Each room that is Restricted Access Area must be clearly labeled as such and must identify POS and sales counter locations.

If you choose to submit multiple floor plans to satisfy all of the requirements outlined above, the physical layout and room uses must be identical for each floor plan showing the same section of the premises.

Definitions

• Licensed Premises- The premises in possession of the Licensee and within which the Licensee is authorized to cultivate, manufacture, distribute, sell, store, transport, or test marijuana.
• Limited Access Area- The contiguous area within the Licensed Premises where marijuana is grown, cultivated, stored, weighed, packaged, or processed.
• Restricted Access Area- The area within the Licensed Premises where marijuana is sold, possessed for sale, or displayed for sale.

Once a Modification of Premises application successfully passes the quality control review, an inspection card will be issued that describes how to schedule inspections for all applicable agencies. We recommend that you enlist the services of a professional to develop plans for the building, zoning, public health, and fire prevention elements of your building.

Excise and Licenses will receive electronic proof from each of the inspecting agencies as the inspections are completed and approved.

All inspecting agencies must submit proof of successful inspection completion to Excise and Licenses before any license will be issued.

As of September 12, 2019, Marijuana License Modification of Premises Applications will only require a Zoning and Neighborhood Inspection review for one of the following reasons:

• You have applied for a Modification of Premises for a marijuana center or store in an I-B zone use district.
• You have applied for a Modification of Premises for a cultivation in a zone use district other than an I-A, I-B, OS-B, I-O, I-1, I-2, OS-1, or OS-2 zone use district.
• You indicated on your Marijuana License Modification of Premises Application that your modification will result in the addition of an extraction room or an expansion of extraction space.
• You have applied for a Modification of Premises that will result in an address change (for example, through the expansion or removal of units).

With the exception of the Zoning Division (which is only required for the reasons outlined above), the following inspections are required for all Modification of Premises applications:

Community Planning & Development: Zoning Division

• Applicable Zoning Code Information
  
• Permit Info
• Schedule an Inspection

Community Planning & Development: Building Inspections Division

• Applicable Building Code Information
  
• Permit Info
• Schedule an Inspection

Fire Prevention

• Applicable Code Information
  
• Permit Info
• Schedule an Inspection by calling 720-913-3409

Public Health & Environment: Public Health Inspections Division (Inspection required for only centers, MIP manufacturers, testing, transporter, and off-premises storage facilities)

• Applicable Rules and Regulations
• Schedule an Inspection by calling 311 (if outside of Denver, call 720-913-1311)

Public Health & Environment: Environmental Quality (Inspection required for only cultivation facilities and MIP manufacturers)

• Cannabis Sustainability Information
• Schedule an Inspection by calling 311 (if outside of Denver, call 720-913-1311)

Excise and Licenses

• Denver Retail Marijuana Code
• Denver Licensing Code
• Schedule an Inspection by calling 311 (if outside of Denver, call 720-913-1311)

A brief guide including multi-agency common marijuana business inspection requirements can be found here.

Businesses that currently hold a valid Denver license for retail store, retail cultivation,  retail infused products manufacturer, or that hold a valid retail transporter license anywhere in the state, may apply for a retail marijuana off-premises storage license.

Off-premises storage permits allow for the storage of finished products only. No sales, cultivation, manufacturing, processing, testing, consuming, repacking, or opening of sealed containers may occur at these locations.

Off-premises storage locations must comply with the same safety, security, and inspection requirements as all other licensed marijuana establishments. 

For those interested in obtaining a new off-premises storage license, or in managing an existing license, please contact joey.pena@denvergov.org.

A Marijuana License Corporate Structure Change Application must be filed when a marijuana business wants to:

• Update its legal entity name
• Update its corporate structure type

Please note: As of November 1, 2019, if you are required to submit a Change of Controlling Beneficial Owner Application with the state's Marijuana Enforcement Division,  you will be required to submit a Denver Marijuana Transfer of Ownership Application. This may be in lieu of a Corporate Structure Change application.

To file for a Corporate Structure Change, follow the steps below:

Step 1: Complete a Marijuana License Corporate Structure Change Application.

Step 2: Bring the completed application along with all supporting documents and the required fees to Denver's Department of Excise and Licenses.

Step 3: E-mail exlapplications@denvergov.org a copy of the corresponding State License reflecting the new entity name or corporate structure type along with a request to complete the corporate structure change application. Please include the Amendment Record ID(s) in this e-mail. The city will then complete the local application and e-mail you a copy of the new license.

All applications will be administratively closed if they are not completed within 12 months.

Upon submission of a corporate structure change application, applicants will be required to pay a $100 fee per license. Checks should be made payable to the "Manager of Finance". The city also accepts Visa, Mastercard, Discover, and cash payments.                                   

In addition to the required fees, applicants will need to submit a completed Marijuana License Corporate Structure Change Application, along with all required supporting documents. The required supporting documents are:

Required Documents

For All Transactions

1. By-Laws, Operating or Partnership Agreement, etc., as applicable (Organizational or Corporate Governance Documents)
   
2. Copy of City and State Sales Tax Licenses (stores only)
3. Lease or Deed (If leased, the owner must provide written consent to lease to a marijuana establishment, and the lease must be valid for at least 90 days from the date the application is submitted.)

A marijuana business may decide to surrender its license at any time. In order to complete this process, please follow the steps below.

1. Complete the Affidavit of Surrender form.
2. Either bring the completed form to Denver Excise and Licenses, or e-mail it to EXLRecordsManagement@denvergov.org
3. Your license status will be updated to reflect its surrender.

Please Note – When a city license is surrendered, the corresponding state license should also be surrendered with the State’s Marijuana Enforcement Division.

A marijuana business may decide to withdrawn an application at any time. In order to complete this process, please follow the steps below.

1. Complete the Request for Voluntary Withdrawal of an Application form.
2. Either bring the completed form to Denver Excise and Licenses, or e-mail it to EXLRecordsManagement@denvergov.org
3. Your application status will be updated to reflect its withdrawal.

Please Note – When a city application is withdrawn, the corresponding state application should also be withdrawn with the State’s Marijuana Enforcement Division.

All license applications expire if not completed within one year. A marijuana business may request an extension of an application within 30 days prior to its expiration date. In order to complete this process, please follow the steps below.

1. Complete the Request for Extension of Application Period form.
2. E-mail the completed form and supporting documents to EXLApplications@DenverGov.Org. In the event that your file size exceeds 10 MB, the documents should be brought in person to Denver Excise and Licenses.
3. Your request will be reviewed, and Excise and Licenses will contact you with their decision.

Any applicant whose application has been denied without a hearing is entitled to a hearing upon written request to the Director of the Department of Excise and Licenses (the “Department”), and completion of certain requirements. To be eligible for a hearing, the applicant must not have had a hearing previously, and must complete the following steps within ten (10) days of the mailing date of the Denial Order.

1. Complete the Request for Appeal Hearing form.
2. Either bring the completed form to Denver Excise and Licenses, or e-mail it to EXLRecordsManagement@denvergov.org and CAOExciseandLicense@denvergov.org. 
3. Your request will be reviewed, and Excise and Licenses will contact you with details regarding your requested appeal hearing.