Barbara Lawlor, Nederland.  Gary and Jen Pekarek thought they would be open for business last Friday, July 1, getting in on the Fourth of July traffic. They had been working on their ice cream shop since November, trying to upgrade the 637 square foot rooms to meet ADA requirements, according to SAFEbuilt codes.

They imagined their nitrogen flash frozen fresh ice cream flying out the door and the money flying in. On Thursday, the couple was told that their vent fan in the bathroom, though brand new and totally adequate for the job, was not up to SAFEbuilt standards and they could not sell their ice cream. Apparently, their fan was meant for residential use, not commercial use, even though their maximum occupancy for the size of the business was 15.

"We thought we could work out a temporary plan, get the new fan in within a week, but they said no, we had to wait," said Jen, who was standing in front of Nederland Town Hall on Monday morning. A small group of people joined her, carrying signs that lauded the virtues of ice cream and small businesses.

"Where is the heart?"

"Ice cream, not power trips."

"Support small businesses."

" America was built on small businesses."

"Let me make ice cream."

While Gary and Jen explained the purposed of the peaceful protest, they handed out cups of freshly made ice cream. For free. And they planned to give away their product on the Fourth of July. If they couldn't make money on the busiest summer holiday, they might as well make friends and introduce themselves and their made-on-the-spot ice cream.

If Monday wasn't a profitable day, it paid off. On Tuesday, they were informed that they would get their permit and were now licensed to sell their Brain Freeze fresh frozen treat.

Nederland High School student, junior Toby Kane manned the shop, the tiny room which used to be The Shop, a consignment clothing store. Kane mixed up the individual orders with the nitrogen stored in large stainless steel containers in the shop.

This is not merely a matter of scooping the frozen confection into a cup or a cone, this ice cream is created on site. Toby says there are three basic flavors: vanilla, chocolate and strawberry. A serving of whipping cream is placed in the bowl with the desired flavor. Then the nitrogen is added and Toby begins stirring. As the cream freezes, he breaks it down into a creamy mixture according to the customer's preference.

Once the basic flavor is made, the customer gets to pick the additions, which include a variety of fruit, including mango, pineapple, strawberry, blueberry and an assortment of sparkles and marshmallows and M&Ms. Choosing is difficult. The custom made ice cream is rich, dense and delicious. People love the vapor show and rave about the taste.

It hasn't been an easy business venture for the retired couple. After renting the space in November, Jen and Gary though they would be in compliance within five weeks.

"And then the town told us we needed to have two ADA bathrooms which would have left us with little space. We hired a consultant and the town agreed to allow us one bathroom. Then we had to comply with building a ramp. We did that. Just before we were going to open, SAFEbuilt told us the bathroom vent was the wrong unit and we had to close our doors. The Town officials said there was nothing they could do. It was up to the SAFEbuilt people."

Gary has been a part of Nederland life since he was a boy scout in the area. He wanted to live in Nederland someday. He is a geophysicist and spent 35 years in an oil patch. His dream was to retire and open a liquid nitrogen ice cream store.

In the last couple of months, there have been a couple of small infractions: the Boulder County Health Department said that a shelf was needed and the fire department said he needed to charge his extinguisher. They both gave the couple a week to comply. SAFEbuilt was firm about the fan.

No, they could not open, no they would not get a week's reprieve. And then they did.

"I just wanted to open my ice cream business," says Gary. And on the Fourth of July, he was finally able to do so.

In the meantime, residents and tourists had a chance to try Nederland's newest ice cream treat for free. They will return.

(Originally published in the July 6, 2017 print edition of The Mountain-Ear.)