Denver grants liquor license to Yates Tavern in Berkeley; opponents to weigh options


A controversial effort to turn a nearly century-old former movie house in northwest Denver into the city’s latest concert venue was granted a critical and long-awaited document last week: a liquor license.

Neighbors who feel that the city process did not give them a fair chance to voice their concerns may not be done fighting.

Ashley Kilroy, executive director of the Denver Department of Excise and Licenses, on Friday issued a final decision on the liquor license application for Yates Tavern. She sided with a recommendation made by city hearing officer Kimberley Chandler following the licensing hearing held for the venue on June 13 and approved the Yates property for both liquor and dance cabaret licenses. The second document is required for venues that pair alcohol service with live entertainment or dancing.

RELATED: Yates Theater in Denver’s Berkeley neighborhood doesn’t have a liquor license yet, but it just moved one step closer

The 1926-built former movie theater at 4979 W. 44th Ave. also being referred to these days as the Yates Theater is owned by Ari Stutz and Ken Wolf of Downtown Property Services. The developers want to operate the space as a multi-faceted entertainment venue available for weddings and events as well as concerts, Stutz told The Denver Post in April.

“We would like to preserve and reuse this old building in some sort of community entertainment capacity, which is what it was built for,” Stutz said at the time. Reached by phone Tuesday, Stutz said he is not commenting further at this time.

A rendering of what the view from the mezzanine might look like inside the Yates Tavern.

The property owners signed a good neighbor agreement with the Berkeley Regis Neighborhood Association, or BRUN, earlier this year, but some residents say that document was created without proper input. They argued granting the licenses would negatively impact the neighborhood by bringing excess traffic, noise and drunk people to residential streets.

“After considering the evidence summarized by the hearing officer and presented at the hearing, the director finds that issued the licenses would not adversely affect the health, welfare, or more of the designated area,” Kilroy wrote in her ruling.

She spelled out a series of conditions that apply to the license. They include that all live music must end by 11 p.m. Sunday through Wednesday, by midnight on Thursdays and by 1:30 a.m. Fridays and Saturdays and that the Yates Tavern must bring in a bonded, private security company on show nights.

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The venue’s opponents are not out of options to fight the ruling. They have the right to appeal the ruling in Denver district court, city officials say.

In the aftermath of the June hearing, neighbors formed a nonprofit dedicated to combatting the theater plans called the Berekely-Regis Residents Action Coalition, or BRRAC. That group plans to meet with its attorney on Thursday to go over options, said member Meredith Kreiss, whose house backs up the building’s parking lot.

“The development has gone forward, we feel, because of the good neighbor agreement with BRUN. The thing about that is that none of the nearby neighbors were contacted for feedback,” said Kreiss, who also recently joined the BRUN board. “We don’t feel that our concerns have been recognized by the city. We’re disappointed that his decision was made. The appeals process may be pursued.”

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