Cape policy is to work with businesses that have liquor license issues

Once a business has a license to sell liquor in Cape Girardeau, whether at a bar by the drink or in the original package at a retailer, the city is reluctant to take it away.

Every year, licensees face renewal before July 1. Each location that has a license must go through a review of police calls, timeliness of tax payments, fire safety inspections and other scrutiny. This year, the Royal N'Orleans, 300 Broadway, closed July 1 because it couldn't meet conditions set when the city council renewed the license, the only liquor retailer that failed to meet the city's terms.

For the Royal N'Orleans, one issue was the inability of the upscale restaurant to meet fire codes. But other bars, such as the Main Street Bar, 701 N. Main St., where police make frequent stops, or Mollies Cafe and Bar at 11 S. Spanish St., where the owners have unpaid taxes, remain in business.

In all, there are 105 active liquor licenses in Cape Girardeau. Those licenses cover bars, restaurants, convenience stores, grocers and wholesalers. The great majority of liquor licensees have few or no issues with the city when renewal time approaches.

"The city has taken an approach that says we need to do everything within our means to allow these establishments to stay in business," Mayor Jay Knudtson said. "If they perform in such a way that there are safety issues, then perhaps we need to take drastic measures."

Frequent police calls aren't enough for the city to take action on its own, Knudtson said. Incidents involving police often receive the scrutiny of state liquor regulators and the city prefers to allow those actions to decide a licensee's fate, he said.

Main Street Bar faced revocation of its state liquor license earlier this year after an incident in September when a man who refused to drop a pistol during a fight was wounded by police officer Joey Hann. Bar owner Rick Werner appealed, and the case was settled when Werner agreed to pay a $200 fine. The bar will be on probation for 90 days, said Mike O'Connell, spokesman for the Division of Alcohol and Tobacco Control.

According to figures from the police department, officers were called to Main Street Bar nine times in the year that ended June 30. That was the third-most visited liquor retailer, behind Club Moxy, 107 N. Main St., with 13, and Rhymers, 10 S. Plaza Way, which was formerly known as Shamrock's. When Shamrock's changed names, it also changed owners and the police calls have stopped, Lt. Barry Hovis said.

In each case where there are large numbers of calls, the owner is asked to meet with police to discuss the issues that bring officers, chief Carl Kinnison said.

"We work with them to reduce the potential for violence and the potential for harm in their establishment," Kinnison said.

A large number of calls isn't necessarily bad, especially if it is bar employees calling to report problems and asking for help, Kinnison said. "It is not the number of calls or necessarily the types of calls, it is how it is managed," he said.

When the council needed to vote on Main Street Bar's license, there was no settlement with the state. The renewal was granted because the city knew that if the state license were revoked, the city license would be worthless.

"One of the ones I have struggled with the most is Main Street Bar," Kinnison said. "We kind of decided to go along with what the state recommended as far as a penalty there."

In the case of Mollies, owner Merriwether Investments owed $56,000 in unpaid taxes on property elsewhere in the city. To give the owners time to make the payments, the council gave the restaurant a 30-day temporary license. City ordinances forbid the issuance of liquor licenses when there are unpaid taxes, and the city code does not include a provision allowing a 30-day temporary license.

While city attorney Eric Cunningham agreed that the temporary license isn't contemplated by the code, he said it was a reasonable step to give Merriwether Investments time to make the tax payment.

"I am sure the city council was doing what it would at any other time," Cunningham said. "They are not in the business of hurting local businesses."

rkeller@semissourian.com

388-3642

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Pertinent Addresses:

300 Broadway, Cape Girardeau, MO

701 N. Main St., Cape Girardeau, MO

11 S. Spanish St., Cape Girardeau, MO

107 N. Main St., Cape Girardeau, MO

10 S. Plaza Way, Cape Girardeau, MO

401 Independence St., Cape Girardeau, MO