Cape council discusses alcohol ordinance at Monday meeting

In one of its final acts of the year, the Cape Girardeau City Council took the first step toward amending the section of the city code regarding alcoholic beverages.

Discussions first began in August, with council ultimately deciding in September to postpone the vote until city staff could conduct more research. On Monday night, council members felt they finally had enough information to give initial approval to the ordinance that will prohibit those younger than 21 from entering an establishment that sells "intoxicating liquor" without a parent or legal guardian present.

The ordinance also prohibits contests that involve drinking or awarding alcoholic drinks, selling an unlimited number of drinks during a set period of time for a fixed price and selling alcoholic drinks at below cost. Mandatory server training is another new condition.

The measure is designed to cut down on underage drinking in the city, a problem law enforcement officers claim is more frequent in establishments that allow entry to minors.

Councilman Wayne Bowen said there was concern among the council that restaurants which sold alcohol might feel targeted by the ordinance, which was not the intent. It was one of the issues city staff was tasked with researching further over the summer.

"Several of us asked about places that primarily are restaurants but do serve alcohol," Bowen said. "We didn't want a problem with restaurants or coffee shops being on the border."

Cape Girardeau police chief Wes Blair said he visited the Springfield, Missouri chief of police to discuss their ordinances, which inspired some of the amendments featured in the measure proposed in Cape Girardeau. Blair said he specifically asked how the city moved forward if an establishment claimed it was a restaurant and not a bar -- meaning it earns more than 50 percent of sales from food prepared on the premises.

He said the Springfield chief told him they have "not ever" faced that issue, but had options to deal with such matters. The city has the ability to audit receipts to determine what percentage of an establishment's earnings come from food, a technique Blair said Cape Girardeau could also use.

City attorney Eric Cunningham pointed out the ordinance includes language about the "primary purpose" of the business, which could also help avoid the issue.

In addition to restaurants earning the majority of sales from food, exemptions to the ordinance include:

• bowling alleys with five or more lanes;
• golf courses with nine or more holes;
• a sports complex or community center owned by a public entity;
• locations with a business license to operate as a public building, public grounds or public hall as defined by city codes, only during the hours of 6 a.m. to 10 p.m.; and
• temporary permits issued pursuant to city codes to any charitable or religious organizations that have 501(c)(3) status with the Internal Revenue Service.

The measure was given unanimous approval by the city council, minus the vote of absent councilman Victor Gunn. The final vote to officially approve the ordinance will not take place until the Jan. 5 meeting.

srinehart@semissourian.com

388-3641

Pertinent address:

401 Independence St., Cape Girardeau, Mo.