Enjoy the music while you can: Number Thirty Eight is fighting to renew its cabaret license.
has already responded, sending a letter outlining its concerns about Cowles's recommendation:
"The venue combines an indoor bar and eating area with an outdoor entertainment stage and volleyball area. Food will be served by rotating chefs to include such fare as pizza, sandwiches and other 'international bar fare.' 30 to 40 percent of the gross revenue will be from food and nonalcoholic drink," Plotkin wrote."Garage doors open the venue from its interior to exterior spaces. Operating hours will be Monday through Thursday from 3 p.m.
In early July 2020, Kilroy signed off on Plotkin's recommendations, and granted the licenses for Number Thirty Eight.The venue — whose name refers to Colorado's status as the 38th state in the union — opened three months later, and immediately began hosting free performances of all different types of musical acts outdoors. Almost as immediately, some neighbors began complaining about noise.
According to Ritchie, the music is so loud that"you can hear it when you are in the shower, when working and thinking of issues or during work conversations, there is the sound and thumping in the background." When Riedesel returned to the area one Friday in June 2021, he measured the sound from Bryant's deck while a band was playing outside at Number Thirty Eight between 6:30 and 7 p.m. The peak sound hit 76.7 dB. Since the decibel scale is logarithmic, a measurement of 76.7 dB at that time is"roughly three times what is allowed by the Denver noise ordinance," Cowles wrote. Riedesel issued a noise-ordinance violation warning to Number Thirty Eight following that inspection.
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