Neighbors say Number 38, a venue in RiNo, violated the terms of its dance cabaret license only days after the City of Denver renewed that license over the objections of those same neighbors.
On May 5, the city’s director of excise and licenses ruled the restaurant and venue at 3560 Chestnut Place can keep playing music, but only if the music is acoustic and drumless and only after construction is complete on a concrete wall being built between the venue and residences.
“Amplified music and music with drums shall only be played indoors,” the ruling stated. “When playing amplified music and music with drums, exterior doors and windows must be closed.”
Late Wednesday night, six days after the ruling, an attorney for RiNo residents who live near the venue filed a complaint with the city, requesting that Number 38 lose its newly renewed license.
“Licensees played pre-recorded music, amplified through indoor and outdoor speakers on the licensed premises, while the garage doors were open” on May 8, attorney Tom Downey alleged. “The blaring music disturbed the neighbors as it has done for the last twenty months.”
Number 38’s owners, Andrew Palmquist and Spencer Fronk, said in a statement provided by a company spokeswoman that they are in compliance with the city’s restrictions on its music.
“We appreciate the director of excise and licenses’ ruling to renew our cabaret license, allowing us to continue to serve our guests as we’ve done for almost two years,” the owners said. “We are in communication with the Department of Excise and Licenses to make sure we continue to comply with the rules of our license as directed by the ruling.”
Downey attached a 30-second video to his complaint. In the video, reportedly recorded outside Number 38 on Wednesday, hip hop music can be heard before the wall has been completed.
“In the vernacular, the owners have been ‘cut every break’ possible, but they couldn’t control themselves for even 72 hours,” Downey wrote to the Department of Excise and Licenses later that day. He called Number 38’s owners “privileged young men with tremendous resources.”
Downey and the residents he represents are asking the department to view their video, reconsider the decision it made last week and suspend Number 38’s dance cabaret license.
Eric Escudero, a spokesman for the department, said in an email that the department completed a legal analysis of Downey’s request Thursday and “is treating it as a complaint.”
“If violations are found, the licensee could be subject to discipline,” Escudero added.