DENVER — A popular music venue in Denver’s River North (RiNo) neighborhood is in the middle of a battle with its neighbors.
Number 38 requested modifications to restrictions levied by the city following multiple noise violations. According to the attorney representing the neighbors in this case, the judge suspended the hearing because Number 38 didn’t come to the table with a plan.
“It’s one of the reasons we’ve wanted to be there was to be in the middle of all these things,” said Daniel Ritchie, who lives next to Number 38.
Ritchie says the noise has been unbearable at times, especially in the summer.
“There’s excessive noise beyond what I think anybody expected in a mixed-use area,” he said.
According to a complaint, the venue committed 14 violations, which prompted restrictions since the venue renewed its license in May 2022.
In October, Number 38 reached a settlement with the city. The venue received a $2,000 fine and its cabaret license was suspended for six days, meaning Number 38 was not allowed to have any form of live entertainment, but could still serve food and liquor to the public.
Number 38 applied for a modification of the restrictions, asking that bands with a drum set be allowed to perform inside with the garage doors closed and ones without a drum set to perform with the garage doors open. The venue’s owners also asked to have live entertainment outside without a drum set and have performers use an in-house PA system.
However, Tom Downey, attorney for neighbors near Number 38, says the hearing was postponed because the venue failed to provide a compliance plan.
“His plan to the applicants was, ‘Hey, number five on your restrictions says you need to have a plan for compliance before you apply for a change in these restrictions,’” said Downey.
In the end, Ritchie says he wants to see Number 38 be a successful business, but not at the expense of his comfort.
“There’s a reasonable threshold, and we think as long as they can stay below those limits, there shouldn’t be a problem,” said Ritchie.
Number 38’s co-owner Andrew Palmquist sent Denver7 a statement, saying, “At this morning’s hearing, the hearing officer shared his opinions regarding our written plan and postponed our modification hearing. The hearing officer demanded a specific format for the plan that was not conveyed prior to the hearing, which we are now addressing. Included in the plan that was intended to be presented this morning, we detailed the numerous updates that have been made to the sound system. These changes were tested alongside representatives from the concerned neighbors, the local city councilwoman’s office, Denver Excise & Licenses, and the Denver Department of Public Health & Environment. The proposed modification supported by these changes allows for additional entertainment options, which we are looking forward to providing to our patrons.”
It’s unclear when the hearing will be rescheduled.
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