Cape Girardeau City Council unanimously rejects Sunday alcohol sales for Cape Mart

Owner Shah Faisal came armed Monday night with a lawyer, a petition with more than 200 signatures and about 15 supporters who all said they believed that allowing his Cape Mart store to sell alcohol on Sunday was the right -- and fair -- thing to do.

But all of that couldn't overcome a groundswell of opposition from other residents who said his store at 238 N. Fountain St. had brought with it crime, litter, panhandling and noise.

The Cape Girardeau City Council voted unanimously to reject Faisal's request for a special-use permit to allow Sunday alcohol sales, just six months after the council granted Faisal a six-day-a-week license for his relocated convenience store.

"Nothing is more important than your home and the pride you have in it, and that's what these residents have," council member Loretta Schneider said. "They want to protect that. I would not want it in my neighborhood if I were there. ... I certainly cannot support it."

Faisal implored to council to give him a chance for Sunday sales, saying it was placing his business at an economic disadvantage with nearby competitors who are allowed to sell booze on Sunday.

He argued that many of the complaints against him had been overblown and that he was "doing everything possible" to be a good neighbor. Signs forbidding loud music and littering have been put up, he said. He pays a worker to pick up trash and has even been talking with a Cape Girardeau police officer to encourage more tickets be given in his area.

"Don't punish me for these issues," he said. "The economy's bad enough. I'm trying to survive."

But apparently the opposition was too strong. The council chambers were nearly full Monday night, with supporters and opponents filling the room. Not every member spoke during the public hearing that preceded the vote. But of those that did, eight were against the proposal and seven were in favor, not counting Faisal and his lawyer, Gordon Glaus.

Faisal had asked for a hearing during the council's Sept. 19 meeting and represented an appeal of sorts. At that meeting, the council could have voted to accept the Planning and Zoning's recommendation of denial or Faisal could ask for a hearing, which he did.

Many of the same residents who discouraged the original liquor license from being granted six months ago were out in force Monday night. Also, the city's Planning and Zoning Commission had voted 6-1 to recommend to the council that the permit be denied.

"All of our fears have been realized," said Bryan Langlois, whose family owns the nearby Bellevue Bed and Breakfast. "We have more noise, we have more crime and we have more traffic."

But several spoke in support of Faisal's plan. Travis Bargeon, who lives one block from the store, said he believes opponents to Sunday sales simply don't like the clientele that Cape Mart attracts.

"He's a good guy, and he runs a good business," Bargeon said of Faisal. "I think the underlying issue, the issue no one has talked about, is that they don't like his customers. If that's not the case, why is he being singled out? I think it's a shame the way he's been treated during this process."

But the council was not swayed. Council member Meg Davis Proffer said she lives and works close to Cape Mart and she shares the concerns of those who are against Sunday sales.

"I've picked up beer bottles, and I have concerns for my safety now," she said.

Mayor Harry Rediger said the council wasn't taking anything away from Faisal and that he is still allowed to operate his store just as he has for the last six months.

"Give them a day of rest," council member Deb Tracy said. "I don't think that's too much to ask for that neighborhood."

smoyers@semissourian.com

388-3642

Pertinent address:

238 N. Fountain St., Cape Girardeau, MO

401 Independence St., Cape Girardeau, MO