City council denies Yellowstone Cigar Company alcohol license after zoning review

Bridal Falls — The Bridal Falls City Council voted unanimously to deny the application by Yellowstone Cigar Company LLC for a permanent alcohol license after a public hearing on the business’s proposed location.

City Clerk testimony and a zoning review showed the cigar shop’s address lies inside a Traditional Neighborhood (TN) zone, which the city’s zoning code does not permit for “drinking establishments.” "The zoning code doesn't permit a drinking establishment," the City Attorney told the council during the hearing. Community Development Services also confirmed the site is within the TN zone and noted separate licensing rules require a 300-foot separation from schools and houses of worship, which the clerk and council members said the site likely does not meet.

The City Clerk told the council the application had proceeded through initial intake, police department review and a zoning verification; the zoning finding prevented staff from issuing an administrative license and required the matter be presented to council. The City Attorney explained that because the proposed use is not allowed in the TN zoning district, the council was the only city body with authority to deny a permanent license at this stage.

Council members asked questions of Community Development Services and the City Attorney about whether the 300-foot separation from a church applied and whether a temporary or special-event permit would be treated differently. Staff said the 300-foot distance is a separate licensing standard (not a zoning rule) and that temporary permits follow a different process. The council noted the applicant had been informed previously by zoning staff that the location was potentially inconsistent with zoning.

After closing the hearing and entering the testimony into the record, councilors voted to deny alcohol license application number 3538596 presented by Yellowstone Cigar Company LLC. The roll call vote was: Council President Burton Shaw — yes; Councilor Radford — yes; Councilor Ziel Dingman — yes; Councilor Larson — yes; Councilor Freeman — yes; Councilor Bradford — aye. The council did not adopt any alternative finding or direct staff to pursue a variance; the denial was recorded as the action on the permanent license application.

The city clerk noted that an applicant seeking to locate a drinking establishment in the TN zone would need either to relocate to an appropriately zoned parcel or pursue the separate licensing/variance processes applicable to distance restrictions and zoning changes.