Tate McCullough was one of the partners in the new restaurant and convenient store which originally closed down in September of 2011. The men bought it a month later, but because it has now been closed more than a year they had to reapply for the license.
Under Ada County Code, a business outside city limits has to get 75 percent of neighbors within 1,000 feet to approve of the license. Because the business is on a remote part of Highway 21 there are only two residents that fit that criteria. Under that scenario they could only get 100 percent or 50 percent.
According to McCullough, they received a yes from one neighbor, but hadn't heard from the other. After waiting, they put in the request with the county and were denied. They are appealing that decision which could be changed by the commissioners this Wednesday at their meeting.
We talked with that neighbor who said he did respond with a no because he had concerns over when, and how the business would operate. He noted problems several years ago with previous owners.
The new owners told KBOI that they didn't receive any response until after they put in their application. They said they aren't mad at their neighbor.
They also aren't upset with the county, who had no choice but to deny their request because it didn't meet code. The owners would like to see the radius expanded on who has a say in the license approval.
"We started to realize that it wasn't really the neighbor we were having a problem with," said McCullough. "He is fully within his rights as the code goes, our issue is more with the code itself."