At the end of November, the Denver Department of Excise and Licenses approved the dance cabaret license application filed by Pasquini's Pizzeria on 17th Avenue, which means this latest location in the Pasquini's empire can now offer live music, which has been such a hit at the Highland location.
There are a couple of caveats here, however. Although the entire "good neighbor agreement" that owner Tony Pasquini worked out with the Uptown on the Hill Association and Capitol Hill United Neighborhoods Inc. won't be attached to the licenses, the city is attaching "specific conditions that the parties have agreed upon and asked us to place on the license," says the department's John Jennings. See also: - Photos: A look at Pasquini's Pizzeria on 17th - For its new rule on liquor licenses near schools, Denver deserves extra credit
And they are:
1. Licensee will only allow live bands or patron dancing on Wednesday, Friday, and Saturday evenings, on Sundays before 5:00 p.m., and on special occasions such as wedding parties, birthday parties, etc.
2. Licensee will not sell or transfer the dance cabaret license for these premises to any other person or entity without the approval of Capitol Hill United Neighborhoods, Inc. and Uptown on the Hill Association, Inc., which approval shall not be unreasonably withheld.
That means that should Pasquini's ever leave the spot (which has been home to a dozen different establishments over the last thirty years), the cabaret license cannot be transferred without the neighborhood groups' approval. And in the meantime, live (and potentially loud) entertainment is limited to weekends and special occasions.
In the past, entire Good Neighbor Agreements were sometimes attached to a license; since the department has updated its rules (including a smart switch that allows some liquor licenses within 500 feet of a school), the inclusion of GNA provisions must now meet certain protocols:
Conditions on the License: if the Recommended Decision recommends approval of a license subject to certain conditions, the proposed language to appear as conditions on the license should be specifically stated. All proposed conditions must be:
(1) Legal - conditions must be legal (i.e. "Licensee shall play no Christian music" is not legal)
(2) Enforceable - conditions must be clearly and objectively enforceable by the Department (i.e. "Licensee shall not dispose of recycling between the hours of 10PM and 7AM" is enforceable; whereas "Licensee shall make best efforts to . . ." may be valid for a private agreement between the parties, but is not enforceable by the Department).
(3) Displayable - conditions must be displayable on the face of the license, allowing the public to easily see the conditions or restrictions. The Department will include up to four legal and enforceable conditions. The conditions should not exceed one or two short sentences each.
Good Neighbor Agreements: if the Recommended Decision recommends attaching specific provisions of the GNA as conditions of the applicant's license, the specific GNA provisions should be stated. The entire GNA should not be incorporated by reference. The Department will include up to four GNA provisions to appear as conditions on the face of the license, if the conditions are (1) Legal, (2) Enforceable, and (3) Displayable, as described above.
* The entire GNA will always remain in the Licensee's permanent file with the Department, regardless of whether certain provisions are attached as conditions on the license.
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