Number Thirty Eight Wants to Modify Noise Restrictions on Cabaret License

Number Thirty Eight, the RiNo music and booze venue that's faced administrative action over noise violations, wants to change some of the current music restrictions that affect the business.

"We’ve requested modifications in order to clarify the restrictions on our cabaret license. We’re looking forward to our hearing in January so we can move forward with specific guidance from the city, as we continue to operate in compliance with city codes," says Andrew Palmquist, a co-owner of Number Thirty Eight, which has a hearing on the modification request scheduled for January 9.

Since May, Number Thirty Eight has only been able to host live amplified musical performances and acts with drums indoors, when the venue's windows and doors are shut. And before any outdoor performances could take place, Number Thirty Eight had to finish construction on a wall, which the owners say they did; with that wall in place, the venue can host acoustic music outdoors, but not any amplified music or acts with drums.

These conditions came from a ruling penned by Molly Duplechian, executive director of the Denver Department of Excise and Licenses, following complaints by neighbors about what was at times illegally loud noise emanating from Number Thirty Eight.

According to the venue's application for modification, Number Thirty Eight wants the order written to specify that when bands with a drum set are playing indoors, the garage doors must be closed — but those doors can be open when the band does not have a drum set. And it's asking that recorded entertainment, TVs and recorded background music be permitted through the house system when the garage doors are open.

The application is asking that live entertainment without drums be allowed outdoors as long as performers use the house speaker system and do not bring "musician-supplied amplifiers." It also requests that recorded entertainment, TVs and recorded background music outdoors be approved for the house speaker system.

"More succinctly stated, the only restrictions on inside entertainment are when bands with a drum set or
musician-provided amplifiers perform; the performance must be inside with garage doors closed. All
outdoor entertainment must be provided through the house PA system, and no drum sets are permitted
outside," the application states.

Palmquist, who co-owns the venue with Spencer Fronk and Brad Arguello, filed the application on October 26; on December 8, Excise and Licenses granted the hearing for January 9.

The same month that Palmquist submitted the application, the owners brought on a general manager for the Denver venue.

"Due to the success we’ve had at Number Thirty Eight and its growing popularity in the Denver community, our ownership group is exploring opportunities to open additional locations across the country. This includes a new location, Number 15 in Louisville, Kentucky, scheduled to open this spring. As a result of this growth, we hired a new general manager in October to oversee day-to-day operations and ensure customer satisfaction remains high as we continue to expand," Palmquist says.

The 38 and 15 figures indicate when Colorado and Kentucky each became states.

The 31,000-square-foot club, which opened in October 2020, quickly won Best New Venue honors in Westword's Best of Denver 2021. But while Number Thirty Eight was winning awards, the immediate residential neighbors of the venue say they were living through a noisy hell.

The noise was so loud that it sometimes surpassed the legal limit, according to measurements by the City of Denver's sound expert.

In fact, last year an administrative hearing officer hired by the City of Denver, Macon Cowles, recommended that Excise and Licenses not renew the venue's cabaret license because of the noise; he based his decision on testimony from neighbors and the sound expert. But Duplechian overrode that decision, allowing Number Thirty Eight to keep its license, albeit with conditions that she put in place.

The neighbors, who were represented by liquor license attorney Tom Downey, were upset by the decision. And not long after, they began documenting violations of the new conditions, which Downey shared with the city. (Downey declined to comment on the new application.)

In September, the Department of Excise and Licenses sent a notice of potential licensing action based on the violations to the venue. A month later, the department and Number Thirty Eight were able to strike a settlement agreement.

That agreement required Number Thirty Eight to pay a fine of $1,998 and have its cabaret license suspended on six separate days in November. The venue also admitted to thirteen violations of the conditions attached to its cabaret license, specifically ones related to noise.