The Nampa City Council on May 6 denied a new liquor-by-the-drink license application for the Warehouse Nightclub, 1020 First Street South, by a 5-1 vote after concluding the application did not qualify for the grandfathering provision in the city’s recently amended alcohol code.

Councilman Sebastian Reynolds moved to deny the license; the motion carried 5-1. Council members voting to deny were Rodriguez, Bills, Haverfield, Jingula and Reynolds; Councilman Griffin voted no. The council did not record a named second in the motion on the public record.

City staff and legal counsel told council the nightclub’s conditional use permit (CUP) for an entertainment/nightclub use had been approved by the Planning and Zoning Commission in June 2024 and the applicant had applied for a city liquor license on Aug. 8, 2024. But a city ordinance adopted in early August 2024 changed how new liquor-by-the-drink licenses are issued: licenses issued after the ordinance’s effective date must be tied to a restaurant that derives at least 60% of gross sales from food services unless the license was already “in effect” on the effective date. Legal counsel advised the council that the grandfathering language applies only to licenses already in effect on Aug. 9, 2024; pending applications that had not yet been issued do not qualify for the exemption and therefore must satisfy the restaurant requirement.

Rodney (city legal counsel) explained the distinction between CUPs and liquor licenses: “A CUP is subject to Idaho’s local land use planning act… a liquor license is a distinct process governed differently,” and that the term “in effect” in the city code was dispositive for the grandfathering provision.

Planning staff confirmed the CUP remains in force because the applicant submitted building permits and other documentation, but that the CUP does not override the liquor-license requirements. Staff also said the applicant recently obtained state and county approvals that were prerequisites to the city’s license application.

Council members who voted to deny said they were balancing the letter of the new city ordinance with the practical difficulties applicants face in completing multi-step permitting processes. Several members said they preferred that establishments provide food service with liquor sales but acknowledged the applicant had worked through the CUP process. Councilman Griffin said he would prefer the applicant be allowed the license; he was the lone dissenting vote.

Legal counsel and staff told the council several options that would remain available to the applicant: apply for a beer-and-wine license (which is not subject to the restaurant requirement), comply with the city’s restaurant/food-sales requirement and reapply, or consider other routes. Council members noted that the denial only affected the city license; the applicant could operate with beer and wine if desired.

The council’s action was immediate: the motion to deny passed and staff confirmed the license would not be issued. The council and staff also discussed the timeline when the ordinance was discussed and adopted (public hearings around Aug. 5–9, 2024) and the applicant’s Aug. 8 submission date to show why the grandfather clause did not apply to a license not yet “in effect.”

Members of the public and council acknowledged that the decision may require the applicant to revise plans or reapply; several council members asked staff to facilitate clarity about next steps for the applicant.

Ending: The council’s vote resolves the city’s licensing outcome for the Warehouse Nightclub; the applicant may pursue alternative license types, add food service to meet the restaurant requirement, or seek further administrative or legal remedies available under city code.