Lil’s may be out of luck in Florence: state denies liquor license

Sunday, July 16, 2000 | 10:55 a.m.

Howard Heffelfinger, Montana Department of Revenue hearing examiner, recommended the department deny Town Pump's application for a liquor license, citing insufficient public demand or need for the license.

"The community showed we can make a difference ... each one of us," said Denny Guenzler, a Florence resident who opposes the application. "We couldn't have done it without the whole community. I think it is wonderful. Praise the Lord."

Town Pump, which owns casinos across Montana, is still hopeful that Mary Bryson, Department of Revenue director, will reject Heffelfinger's recommendation and approve the license.

Bryson must affirm the recommendation for it to be final.

"The process is not over yet," said Tom Richardson, Town Pump general counsel in Butte. "We would hope they won't adopt the recommendation of the hearing examiner."

Richardson said he received Heffelfinger's finding Friday morning and hadn't had an opportunity to read through it.

"We were surprised with the recommendation," he said. "We believe we did meet all the criteria for the license application."

If Bryson concurs with Heffelfinger's finding, Town Pump could appeal to District Court and ultimately the Montana Supreme Court.

In the past, some department decisions have ended up before the high court, Heffelfinger said. He didn't have figures immediately available as to how many were reaffirmed.

"But more often than not, the department's decisions are affirmed," he said.

Town Pump has until Aug. 3 to object to Heffelfinger's decision.

Heffelfinger said he expects Bryson would render a final decision within 60 days after she receives oral and written arguments.