City accuses RiNo venue Number 38 of violating ban on non-acoustic outdoor music

Neighbors still fighting Denver music venue

Denver renewed the license that allows Number 38 to have live music but the city alleges it violated a ban on non-acoustic music outdoors. (BusinessDen file photos)

Denver’s licensing department has ordered Number 38, an eatery and entertainment venue in RiNo, to explain why it should be able to keep its music and liquor licenses after it was allegedly caught violating a ban on non-acoustic music 14 times in three months.

It’s the latest disagreement between the city and the venue, which has frustrated neighbors with its loud music. In May, Denver’s director of excise and licenses ruled that Number 38 could continue playing music outdoors but only if the music is acoustic and drumless.

Assistant City Attorney Blake McCracken alleged in a complaint that was filed last week and made public Thursday that two city inspectors found there were 14 violations of that ban between May 8 and Aug. 20, including seven in June.

McCracken alleged that nine of those violations occurred after Number 38’s owners and attorney met on June 3 with the Department of Excise and Licenses and City Attorney’s Office to discuss what music would be acceptable under the May 5 ban on electric music there.

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Several residences are located across an alley from Number 38.

“At this meeting, (Number 38) was specifically told they were not permitted to amplify music over their outdoor sound system in any fashion,” McCracken wrote.

The venue at 3560 Chestnut Place, which has been open for two years, has an 18,000-square-foot patio with a stage for live music. Across an alley are a handful of residences and a 12-story apartment building is being built next door.

McCracken’s allegations were attached to what’s called a “show cause” order, which is a demand by Excise and Licenses that a business respond to allegations. Thursday’s order compels Number 38 to show why its licenses should not be suspended or revoked.

“As we’ve done for the past seven months,” Andrew Palmquist, a co-owner of Number 38, said in a statement Thursday, “we’re continuing to work in partnership with the Denver Department of Excise and Licenses and our neighbors to find resolution so we can continue to offer a unique gathering place for our RiNo community, Colorado residents and visitors.”

A hearing on the matter is scheduled for 9 a.m. Oct. 14.

Neighbors still fighting Denver music venue

Denver renewed the license that allows Number 38 to have live music but the city alleges it violated a ban on non-acoustic music outdoors. (BusinessDen file photos)

Number 38 is accused of 14 violations between May 8 and Aug. 20 and could lose its licenses. A co-owner said they are working on a resolution.

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