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Nitro strip club owner fights Boulder over club's status

Strip club trying to avoid Planning Board review

Ryan Morgan, Daily Camera

Published February 21, 2008 at 6:39 a.m.
Updated February 21, 2008 at 6:39 a.m.

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An order of ice cubes, soda and cut fruit with a side of naked ladies ought to fit under Boulder's definition of "restaurant," the owner of a downtown strip club is arguing.

Boulder's zoning officials earlier this month told the owner of the Nitro Club that his business, which sits behind the Pearl Street Mall between Broadway and 11th Street, is an "indoor amusement establishment," and not a restaurant.

So owner Michael Cobb is appealing the zoning designation to the city's Board of Zoning Adjustment. If those appointed officials decide Nitro is a restaurant, the business would be able to go about its topless way. If not, Cobb would have several hurdles to clear to keep his club open.

Under city zoning laws, it's legal to open a restaurant downtown without jumping through any hoops. Operating an indoor amusement establishment, however, requires going through a use review process before the Boulder Planning Board.

If the board rejected Cobb's request, he would have to close his business.

The city's zoning officials have said that while Cobb is technically serving food in the form of sodas and "set-ups" of cups, ice and cut-fruit for the booze that members bring themselves, that service is a secondary use.

Michael Gross, Cobb's attorney, said the "indoor amusement" category appears aimed at places like arcades and skating rinks that attract minors.

"The Nitro Club limits admissions to adults for limited evening hours, and entertainment is provided that involves expressive dancing with a component of nudity," Gross wrote.

Gross said Nitro has received a license to serve food from the Boulder County Department of Health, and isn't much different from the dozens of other downtown Boulder bars that offer alcohol and entertainment in the form of pool tables or, in the case of one new bar, a mechanical bull.

Unlike the rest of those businesses, Nitro doesn't have a liquor license, which is why it was able to open under city officials' radar. Instead, patrons who pay a membership fee are allowed to bring their own booze.

Gross said his client is determined to keep the Nitro Club open.

"He's in this for the long haul," he said.

That could mean some legal shimmying. For example, Cobb might start making the entire club membership-only, because the city's definition of "indoor amusement establishment" refers to businesses "without a membership requirement."

Jennifer Bray, a spokeswoman for the city's public works department, said zoning officials met with Cobb and Gross. Their hearing before the Board of Zoning Adjustment will likely take place the second week in March, she said.

Comments

  • February 21, 2008

    7:01 a.m.

    Suggest removal

    DahmersCookbook writes:

    These sleazy politicians are trying to strip him of his rights.

  • February 21, 2008

    7:56 a.m.

    Suggest removal

    AngelontheSidelines writes:

    Hang penis sculptures, and invite underage kids to see the display.

    That way diversity education will overrule prudish fun police.

  • February 21, 2008

    10:29 a.m.

    Suggest removal

    immunizer writes:

    Hey Earl, what the hell is interruptive art? I don't suppose you mean interpretive, do you? You are aware there is a difference between those two words, right?

  • February 21, 2008

    10:35 a.m.

    Suggest removal

    Dhakala writes:

    It's so funny to see this place slip under the blue-nose radar. The owner is going to lose, of course, but he's having a good time.

  • February 21, 2008

    11 a.m.

    Suggest removal

    LOUIE writes:

    Can I please have my diiner topped with whipped cream, please? I guess the City of Boulder decides the menu items to be offered in a private restaurant club. Throw up some hot wings, offer cheesecake, anything else missing from the menu? Does the place have a functional kitchen area, what appliances make it a kitchen? How about a prep table and a knife, is that ok? What a hell is up with Boulder? It's a fruit and salad dinner club and the yuppies love it; leave the guy alone, it's a treehugger's menu!

  • February 21, 2008

    12:15 p.m.

    Suggest removal

    Radar writes:

    your tax dollars at work....kind of

  • February 21, 2008

    12:53 p.m.

    Suggest removal

    KP13 writes:

    If you don't like boulder, then don't go there!

    Boulder is on of the best towns in America.!

  • February 21, 2008

    2:41 p.m.

    Suggest removal

    Chal writes:

    Boulder, the land of fruits and nuts . . . . . and, KP13, I don't go there. I spend my money somewhere other than a socialist haven.

  • February 21, 2008

    3:53 p.m.

    Suggest removal

    SteveC writes:

    bizzman, That was so wrong! I'm still laughing!

  • February 21, 2008

    4:29 p.m.

    Suggest removal

    Diff writes:

    I visit everyday - as work in Boulder. Boulder - not the Nitro club
    Nice place to visit - it's pretty, the streets are clean, great views - (The drivers are worse than most tho)
    But I would not want to live there!
    The Nitro will go down, and not just because of the City and the fight - but because as this type of club goes it is LAME-
    Unless maybe they can get the rich college kiddies to go there regularly -
    Better not let in the frat boys tho - unless you want the place trashed.
    This is all good for a laugh, and will be fun to watch it play out!

  • February 21, 2008

    6:36 p.m.

    Suggest removal

    Acemon writes:

    You can't "own" a dog or cat in Boulder -- you're just their caretaker -- but show some nipple or a bare butt and suddenly it's unhealthy, unwholesome, and downright disgusting. Hah! So much for a liberal, enlightened community. The hypocracy of Boulder is revealed once again.

  • February 21, 2008

    9:31 p.m.

    Suggest removal

    DangerKallisti writes:

    *Sigh*

    Do you see now, Mike, why I left Boulder County forever, and wouldn't even come back for your pretty club? You can't win with these fools.