The owners of a popular establishment largely credited with creating an strong independent music scene in Kelowna have told city council they will close their doors next year if they can’t find a way to regulate their establishment so it’s not forced to break the law.

Quinn and Katrina Best say they may give up on the Habitat, located at the end of Leon Avenue, if the city and provincial liquor control board can’t find rules suitable for them to continue their work.

“We’ve always been very mindful of the enforcement that could be taken against our business,” said Katrina Best.

“We’ve basically said no to dozens of events based on them being in that grey area.”

Their grey area exists because the business hosts events for teenagers as well as young adults, holds church-style services for homeless people and local families on Sundays, while operating with a restaurant-style liquor licence originally designed to cover caterers.

To date, they have not been able to find a liquor licence that covers a venue as diversified as their space under B.C.’s regulations and the licensing advice they are given has been known to fluctuate depending on the regulator they speak with, the couple said.

Their work often contravenes their licensing requirements, as a result, and the licence they need to host most of their popular music shows, ultimately means converting themselves to a bar, which is banned under the zoning of their property.

It has all been enough, the young couple said.

They’re tired of hearing about how Leon Avenue will be revitalized by the city, ignoring their own efforts in sponsoring that change and receiving nothing in return.

“People want to know, is this area changing?” asked Quinn, noting he’s now 29 years old and hearing the same promises he heard when he first conceived of the venue in his early 20s.

His wife is now in her final year of medical school on the coast and applying for residencies, which could take her elsewhere to raise her family if Kelowna does not offer them what they need.

Their establishment is now the third largest in the downtown core and the host venue for the Western Canadian Music Awards, which the city spent $40,000 to secure.

With the licensing and zoning of the facility all mixed up, they’re really not capable of handling the event, they said.

It’s a mess so complicated the young couple hired a consultant to find them the right rules to follow and have been told they could likely secure a special venue licence designed for the Squamish Events Centre to help that venue host some of the events associated with the upcoming 2010 Olympics; but they need the city to agree to a re-zoning in order to do it.

And their plight didn’t appear to hold much weight with many on council during Monday’s meeting.

“I for sure couldn’t support just a wide open zoning for this,” said Coun. Luke Stack, noting he would be more comfortable with the situation if the couple waited until a review of Kelowna’s policies on nightlife in the area has been completed.

Stack was one of several city councillors who appear worried the couple’s dedicated pitch might be dedicated to a more sinister end.

Should they secure the zoning, the pair would be able to sell their business with bar zoning and Kelowna would find itself with another bar in an area where they’ve specifically banned the establishments.

Earlier this year another one-time restaurant owner’s proposal to fill the A&B Sound building on Leon Avenue with a bar was rejected and a thorough policy review of the city’s nightlife is now underway.

City staff have been asked to research whether covenants could be put on the Habitat property to protect the city’s interests, so councillors could offer up a re-zoning compromise without stifling the couple’s ability to re-license the establishment.

jsmith@kelownacapnews.com