EatDenver: The Curfew That Wasn’t, and Other Updates

Curated news from EatDenver.

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Empty cafe tables and chairs on a cobblestone patio.
Denver restaurants can continue takeout and in-house delivery of alcohol until 10 p.m. / animaflorapicsstock © 123RF.com

In a move that seems designed specifically to induce whiplash among operators, the City and County of Denver rescinded its much-derided “Home by 10 Order,” which Mayor Michael Hancock insisted wasn’t a curfew—even though it obviously was. There’s also a refresher course on what exactly qualifies as outdoor dining across the state and, since Denver and Boulder businesses are reverting to takeout and delivery only, info on how to apply for their curbside pickup zone permits.

This information is included in EatDenver’s November 20 newsletter.

Additional Restrictions for Denver Restaurants Moving from Level Orange to Red 

  1. No indoor dining beginning at 5 p.m. on Friday.
     
  2. Outdoor dining will continue.
    • Details on the definition of “outdoor dining” are below.
    • Outdoor dining parties will be limited to members of one household.
    • Last call for on-premise alcohol purchases will be 8 p.m. (you can continue selling food and non-alcoholic beverages after 8 p.m.).
    • * Denver rescinds its “Home by 10 p.m.” public health order. Now restaurants can be open past 10 p.m., but alcohol sales must stop at 8 p.m. (This is specific to the City and County of Denver. If your restaurant is in another county, please refer to any local curfews, if applicable.) “Given CDPHE’s First Amended PHO 20-36 and its decision to move the City and County of Denver to Level Red: Severe Risk, which are cumulatively more restrictive than the Home by 10 Order, DDPHE hereby rescinds the Home by 10 Order”
       
  3. Takeout, curbside, and delivery will continue.
    • Alcohol sales for takeout may continue until 10 p.m.
    • * In Denver’s public health order, all alcohol sales for off-premise consumption (restaurant takeout, liquor stores, grocery stores) may continue until 10 p.m.
    • * Denver restaurant-run delivery of alcohol may continue until 10 p.m. (For other counties, please refer to individual public health orders.) For alcohol delivery, the delivery driver must be an employee of your restaurant who is TIPS certified; nothing has changed here.
    • No more than 10 guests inside your restaurant waiting for takeout at a time. 
    • No changes to third-party delivery. Reminder: Third-party delivery companies may not deliver alcohol from restaurants. 

* These are updates based on Hancock’s November 20 press conference and are specific to Denver. View Denver’s November 20 Public Health Order.

What Structures Are Considered “Outdoor” Dining According to the State of Colorado?

Structures Classified as “Outdoor” by the Colorado Dept. of Public Health & Environment Are Allowed to Continue in Level Red 

  1. Single party structures that allow for ventilation between uses (e.g. igloos, greenhouses or bubbles)   
  2. Structures with ceiling/roof with no walls
  3. Umbrellas
  4. Canopies with no walls 
  5. Structures with two adjacent walls closed and two adjacent sides open without a roof
  6. Structures with two non-adjacent sides open enough to provide air flow through the space

Structures Classified as “Indoor” by the Colorado Dept. of Public Health & Environment Are NOT Allowed to Continue in Red Zone: 

  1. Structures with four walls and a ceiling 
  2. Structures with three walls closed and one wall open 
  3. Structures with two adjacent walls closed and two adjacent sides open with a roof

State Guidance on Temp Outdoor Structures Here

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