Bicknell council approves building permit and business license allowing motel rooms above downtown theater

The Bicknell Town Council on Aug. 7 approved a building permit and a business license for Curtis Allred to operate a movie theater with motel-style rooms above the building on Main Street.

The business license was approved after a motion and second; the council voted in favor on both the building permit and the license. Council members discussed how the rooms should be classified — as short-term rentals subject to the towns short-term rental ordinance or as a motel/hotel — and whether that classification would require additional septic or water-meter infrastructure.

The issue drew sustained discussion because the towns short-term rental ordinance applies different requirements to short-term rentals than to motels or hotels. Curtis Allred told the council he had already obtained federal and state tax identification numbers and health permits and that completing the local process had required substantial time and expense. He said he had considered running the business as a single business entity and that his CPA advised against operating two separate businesses out of the same building.

"I've done all of my due diligence. I am perplexed at why the town wants to regulate something that the state already regulates," Allred told the council, referring to health and septic regulation.

Council members and planning commissioners noted that the towns short-term rental ordinance was written to limit short-term rentals and encourage long-term rentals; they said the ordinance does not clearly exempt motels or hotels and can create burdensome requirements if applied literally to a motel. Several council members said they did not want to rewrite the entire short-term rental ordinance to accommodate a single applicant but that the council could consider a variance or a more narrowly tailored change in the future.

Council member Weston said approving a motel classification "makes sense" given septic constraints but opposed rushing a change to the short-term rental ordinance. Council member Carrie Brinkerhoff and others said they were inclined to approve the permit and license to help keep the theater open.

Council action: a motion was made to approve Allreds building permit and passed. The council then moved to grant a business license for a movie theater and a hotel above the theater; that motion was made, seconded and approved.

Officials and the applicant discussed outstanding operational details, including whether the theater and motel would operate under one business license or two and how water-metering and septic responsibilities would be handled. The council noted the towns ordinances and state health rules can overlap and said those infrastructure issues may require separate permitting or county/state approvals.

The council directed staff to process the approved permits and licenses with the towns building inspector and to follow up on any outstanding inspection or licensing requirements.

Curtis Allred thanked the council for approving the permits and said he would complete any remaining paperwork with the building inspector.

Votes and formal actions associated with this item are recorded in the meeting record.