City officials scrutinize Pearl Street Mall strip club

Officials: Nitro Club afoul of zoning laws

Ryan Morgan, Daily Camera

Published January 10, 2008 at 6:29 a.m.
Updated January 10, 2008 at 4:09 p.m.

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Photo by Marty Caivano / Daily Camera

A skull and crossbones marks the alley entrance to the Nitro Club, a fully nude strip club on Boulder's Pearl Street Mall.

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Employees at one of the Pearl Street Mall's newest businesses may have to put their shirts on at the end of the month. After an outcry, Boulder's zoning officials are taking a closer look at the city's only downtown strip club.

Nitro Club opened quietly last month in an alley behind the Pearl Street Mall between Broadway and 11th Street. Boulder zoning officials paid the club a visit on Dec. 19, five days after a Camera article about the club appeared.

Their conclusion: The club's owner, Michael Cobb, is violating zoning laws, and he has to fix them by Jan. 31 if he wants to stay open. Cobb may also have to submit to a use-review process before the Planning Board, and his business wouldn't stay open if officials rejected his plan.Appearing before any city board is something Cobb had managed to avoid before his business opened. He didn't apply for a liquor license, so he stayed below the city's radar. He declined to comment Wednesday afternoon as he repaired the front door of his business.

Brian Holmes, Boulder's zoning administrator, said his office is trying to figure out which regulatory category Nitro Club fits into.

Cobb's business doesn't serve alcohol -- instead, patrons are told they can bring their own. The city has asked Cobb whether his business serves food. If not, it won't qualify as a tavern or restaurant, and instead, its zoning designation would likely be an "indoor amusement establishment."

"And that would require a use review," Holmes said. "We're looking at a number of categories, we have to see where their use would fit."

The city's liquor regulators are also looking into whether Cobb's bring-your-own plan is legal, Holmes said.

Asked whether Nitro is coming under extra scrutiny because of media attention and complaints from the City Council, Holmes said it's not uncommon for the city to investigate zoning violations following objections from the public.

"More often than not, zoning issues come to us because of complaints," Holmes said. "So I think we are handling this identically to any other case."

The city found 20 zoning compliance problems during the inspection. Officials said Cobb didn't apply for a landmark alteration certificate for the historic building when he installed the door from the alley.

Zoning officials also cited the club for a lack of handrails on stairwells and for work that had been done without proper permits. The city's Fire Department also raised red flags, including the need for a working sprinkler in the club's VIP room.

Boulder Deputy Mayor Crystal Gray said she's glad to see the review under way. But, she said, the city needs to decide how to deal with businesses like strip clubs ahead of time, instead of reacting.

"I think the City Council needs to ask if Boulder should have any ordinances or codes or zoning requirements when there are sexually oriented businesses," she said. "Most cities have those requirements. We need to be proactive and look at this."

Zoning violations

During a Dec. 19 inspection, city building officials found more than 20 zoning violations. Here are some of Nitro Club's shortcomings, as described in a letter from the city to owner Michael Cobb.

Fire code: Inspectors want Cobb to verify that his interior furnishings, including plastic bead curtains, comply with "flame spread" ratings.

Sprinklers: The club needs to expand its sprinkler coverage in its VIP room and add more sprinkler coverage where it's currently blocked.

Lights: Officials said the club needs to install more emergency lights.

Hands-off: Inspectors said the club needs to add handrails to ramps and stairwells, and to add "finger grips" to existing handrails in one stairwell.

Not permitted: Officials said Cobb didn't request or receive the proper permits before conducting plumbing and electrical work.

Door: Cobb should have applied for a landmark alteration certificate before installing a new frosted-glass door on the club, officials said.

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Comments

January 10, 2008

7:05 a.m.

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seeingeyeseesall writes:

Boulder = bunch of hypocrites! "Oh, we're soooo liberal!" What a crop of goobers.
January 10, 2008

7:19 a.m.

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Scott writes:

My home town, Lincoln, Nebraska, pulls the same type of stunt. When a strip joint opened on the edge of downtown the fire inspector and health inspector came in and ripped the establishment a brand new one. Then as an aside they told the owner that if he put some clothes on the girls they, the inspectors, would forget about all of the "violations."

Yup, good ol' Stonerville. Out of one side of their mouth they claim to be the center of the "inclusive" universe, out of the other side ....

Scott
January 10, 2008

7:29 a.m.

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pdt2139 writes:

There is no other way to show that you are a free spirited town then having topless entertainment. If they had a musical in Boulder that was about saving trees and the characters were naked I am sure they would allow that. They did allow hanging penises in their Library. Welcome to the Communist Town of Boulder.

I do agree the life safety hazards do need to be address and that is for any business in any city. Also, plumbing and electrical work has to be permitted and comply with the IBC (International Building Code) and again that is true in any municipality. I say if they have no ordinances against sexually oriented business let the tops fly and the dollar bills roll. It is only fair but then again it is the Boulder Republic.
January 10, 2008

7:57 a.m.

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RJS07 writes:

gee, maybe if Boulder spent more time tending to what is actually their business, they'd have the proper ordinances, etc. in place before things like this happen. Instead, they've spent too much time trying to run the rest of the world.
January 10, 2008

8:31 a.m.

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Scott writes:

RJS07, to add to your comment:

The People's Democratic Republic of Boulder (PDRB) could also also stop issuing such stupid ordinances/proclamations such as calling pet owners "pet guardians" or declaring the PDRB a nuclear free area, etc..

Scott
January 10, 2008

8:54 a.m.

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gr8fuldude writes:

Actually if the city wanted this problem to go away, they should just ask a judge to award possession of the club to those two clowns in the land grab case through "adverse possesion" laws...
January 10, 2008

9:07 a.m.

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Retread writes:

How are all those college girls supposed to pay their way through college?
January 10, 2008

9:20 a.m.

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Diff writes:

The OH SO proper Boulderites with all the tastefully gray cars are as usual going to tell and regulate how everyone else should live their life. Boulders liberalism is long gone, and is now just a myth or at best window dressing.
Club Nitro sounds pretty lame as a topless club goes, but since they are reasonably discrete, only open at night I believe and not advertising with a flashing neon sign "GIRLS GIRLS GIRLS" I think they should be left alone!
(maybe a sign on the door warning of nudity would be appropriate, so someone does not walk in not expecting it...)
Live and let Live so to speak. IT's about the choice to go inside or to not go.
The bring your own booze thing is something new that might be subject to review - I have never heard of that in Colorado (?)
They should receiver the SAME treatment and review as any business would, and not be targeted.
I might just have to stop and check it out sometime, just to say I did before it is gone... because I would bet it will be gone.
(Power to the people)
January 10, 2008

9:39 a.m.

Suggest removal

Elwood writes:

Boulder the Hypocrit capital of the world!
I wonder how many of the other businesses in Boulder have finger grips on hand rails? I've never heard of them much less seen them. I think all businesses in Boulder need to have this kind of inspection done and see what kind of violations are being ignored because the business is Green or PC.
January 10, 2008

10:32 a.m.

Suggest removal

fortyfive writes:

shake what your mama gave you, why in blue blazers that if they can shake it for the men in their lives and not get paid, then why can't they GET paid to shake it behind closed doors, i'm willing to wager my ss check that the very same men that is opposed to this night spot will in fact try to get with the women on a private setting and hide it from allto see and know. as it have been said many eons ago, we have only one choice on earth, that is the woman that elates our lives and damn right i will love to see them extend their womans rights to do away with those laws that hinder their freedom. for the men sitting on the citys side, i say dont hide your lust for this and any other endevor that women enjoy......be a man and stand up for their rights.....let them shake it admit it.... you love it too
January 10, 2008

10:48 a.m.

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benn writes:

ah, good to see that Boulder envy is still alive and well.
January 10, 2008

10:56 a.m.

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miltshook writes:

You know, I'm a liberal, and I have no problem with strip clubs existing, but WHERE is the question. I don't think the city of Boulder is being hypocritical at all. If someone wanted to put a strip club right next door to the Disneyland Hotel, I don't think it's unreasonable for people to object at all.

I think you should look at the sneaky so-and-sos who opened this club in the first place. They were trying to open a strip club, and not let anyone know they were opening the strip club. Who are the real hypocrites here? Boulder is trying to enforce its laws, and the owners of this dive are trying to own a strip club, and pretend it isn't one. "Bring Your own Booze?" WTF is that crap? Who's responsible when some 19 year old kid gets drunk off his ass while watching some strippers, and then plows into a bunch of people on the way home.

There is a reason for zoning laws, and liquor licenses, and it's not just to inconvenience the business owners...
January 10, 2008

11:08 a.m.

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rathmone writes:

um, the 19 year-old is responsible, miltshook. It's called being an adult.
BYOB is sketchy, but only if patrons are allowed to pour their own drinks. If that's how Nitro does it, then that has to change. If the bar holds onto the booze and distributes it according to law, ie no overserving, then why not?
fire/ADA zoning laws, of course they've gotta play ball. but simply based on what they're selling, let 'em alone. The door is pretty well hidden. It's not like tourists are wandering the back alleys looking for Abercrombie and the Boulder bookstore
January 10, 2008

11:44 a.m.

Suggest removal

Diff writes:

That bring your own is an interesting point.
I know that was the routine think in UTAH and in Kansas some years ago. Essentially they had private clubs. Maybe that is what he is going for here. Maybe a good thought as well! It could be one way around the stupid no smoking in bars rule, but as I recently learned at an Eagles club (in Broomfield) the city has reached inside their walls as well and now must comply with the No Smoking ban.
Government: Get out of consenting and informed adutls lives and let us make out own choices!
- IT'S CALLED FREEDOM -

I wonder if any one remembers that?
January 10, 2008

2:46 p.m.

Suggest removal

wow writes:

When I read the Camera's first report about Nitro, according to them, passersby on the mall couldn't even see the place, so who is the city council refering to when they cite complaints? If Boulderites are going to complain about something, maybe they ought to look into their city approving business plans without reading them first. Cute how they can go back now and act like they didn't know... Do they really think it's better to be seen as incompetent rather than permissive. Good grief... stoopid Boulder, I knew this would happen. Oh no...naked ladies, is that some kind of exploitation? We must make it go away. Please...one thing for sure, the girls aren't local... no hairy legs or armpits in sight at a strip club.
January 10, 2008

2:55 p.m.

Suggest removal

CWW writes:

It's nice the city can worry about this when there are crooked judges and land thieves right under their noses. Boulder gives the rest of Colorado a black eye.
January 10, 2008

3:35 p.m.

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jajknight writes:

obviously the owner is a Global Warming Denier. Did you hear how staff at a coffee shop refused to serve a customer who had ordered a 'black coffee', believing it to be ‘racist.’ He wasn’t served until he changed his order to 'coffee without milk'. -VidLord.com
January 10, 2008

3:49 p.m.

Suggest removal

Diff writes:

A last word people - something so many have too long forgot...

FREEDOM!

Government: Get out of consenting and informed adutl's lives -and let us make OUR OWN choices!
- IT'S CALLED FREEDOM -

Remember that one word
-when next you go to the polls!

OUT....
January 10, 2008

4:44 p.m.

Suggest removal

jsvaldez writes:

What we have here is a classic example of local government in the sense that if they don't like a particular establishment they will find violations such as "finger-grips" on a handrail. While on the other hand, if they are somehow connected to an establishment in whatever fashion, they will usually look the other way on code issues. I'm opposed to strip clubs as I believe they are places that further addictions and do not edify a person, on the other people are free to make their own choices of what types of clubs to go to, but come on, BYOB? This place sounds real classy.
January 10, 2008

5:26 p.m.

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joggle writes:

Almost any town requires extra permits for modifications to historical buildings and Boulder is notorious for difficulties in modifying the outside of commercial buildings, especially historic ones on Pearl St. It seems to me that this guy tried to do virtually everything under the radar though and never even gave the Boulder permit office a chance. Heck, even in Lafayette you need to get a permit if you want to replace a water heater or replace windows in your own house technically (with some caveats). It's an easy process that anyone can do if they simply do a little research. People tend to simply higher contractors assuming they will get whatever permits are needed (ha!) and don't take the initiative to make sure everything's done correctly.

Now if he had made permit requests that were refused, then he'd have something to complain about.

I hope he's able to keep the place open. Just fill out the paperwork, have the inspection and be done with it (hopefully). I work on Pearl St and have yet to hear anyone complain about (or even mention) the existence of this club. So long as the neighbors are happy (ie, not too much noise), who cares if there are naked women in there?
January 10, 2008

7:30 p.m.

Suggest removal

wiseg writes:

Hey Boulder,
I've been there. Here's what will ultimately happen. The Supreme Court says these adult businesses have a right to open otherwise its a violation of their right to free speech. Save your community some time and money (attorney fees to fight the adult industry).
The solution: Decide where in your fine city you want to locate adult businesses and immediately establish ordinances that regulate their location, signage, etc.
January 11, 2008

10:12 p.m.

Suggest removal

5280Rocks writes:

The BYOB and smoking has been done before in Colorado, successfully, as in other states this type of club is considered a private club so the patrons are not forced to comply with the no smoking laws and the liquor licensing . As for 19 year olds getting hammered and then driving, I would guess the owners of this club would not allow under age drinking, they have invested too much time and effort into the club to lose it due to something so stupid. This same line of thinking would be reasonable concerning any overindulgence.....I would guess they police this issue tighter than most clubs due to all eyes being on them. ID's being checked and consumption being carefully watched.
The violations do seem a little silly, nitpicking trying to come up with catchy tag lines for new stories "club cited with 20 violations", this gets a viewers (or readers) attention causing them to have a quick negative view of the club due to its non-conformity. I am curious to know if ANY other establishment has EVER been cited for finger grips. Also, isn't this space leased? Wouldn't the sprinklers been up to code with the business that vacated before The Nitro Club moved in? This seems a bit fishy.
The door issue is odd as well, it is possible the owners were not aware of the Landmark Alteration certificate being needed and would have filed if they had known (why risk something as small as altering a door), and even if they were being sly, if a new business is preparing for opening on the mall, doesn't someone check out the "alterations" being done to the outside of the building as the work is being done? Wouldn't this have been noticed long before the media brought this club to the Citie's attention? Wouldn't it truly have been watched to make sure the face of the building was not permanently altered to change the historical value? This seems a bit weird.
Even as it stands, it seems as if all the "violations" are fairly easy to fix, possibly trying to hit the owners in the pocketbook to see if they will back down.
January 11, 2008

10:13 p.m.

Suggest removal

5280Rocks writes:

And one more thing, I saw a bit on the news about this club last night (channel 2) which led me to google Nitro Club, there was a girl on the segment talking about how she and her employees have had nothing but trouble since the club opened........this seems unlikely since the city would have been made aware of any complaints from this woman and/or her employees through the police reports or complaints, unless this woman and her employees are just allowing this sort of thing to happen without consequence, I know if my car was Keyed or if there was urine all over and litter, I would talk to the manager or owner (who ever I could get in contact with) as soon as the incidents occurred to make them aware of the problem(s) and to see if we can resolve them. Also, I am not sure if the spot was vacant before this club opened, but the alley seemed well lit (on the News) and doesn't a place like this have bouncers, so people in the alley would actually be a bit safer, as well as cars being less likely to be vandalized due to the area being more frequently used?

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City officials scrutinize Pearl Street Mall strip club

Officials: Nitro Club afoul of zoning laws

Ryan Morgan, Daily Camera

Published January 10, 2008 at 6:29 a.m.Updated January 10, 2008 at 4:09 p.m.

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Published January 10, 2008 at 6:29 a.m.
Updated January 10, 2008 at 4:09 p.m.