Cape removes 'quirk' from business, liquor license process

Cape Girardeau officials are changing the way they handle business and liquor licenses, removing what they call a "quirk in the current system" that is sending mixed signals to new business owners.

The Cape Girardeau City Council gave first-round approval Monday night to an ordinance that would require that applicants for such licenses comply with city codes before the license is issued.

Under the current system, the city can only withhold a license if the applicant owes the city any taxes or fees. Other requirements, such as compliance with zoning laws, building codes and health and sanitation, were handled separately -- and usually after the issuance of the license.

That sometimes caused confusion, said assistant city manager Heather Brooks, who prepared a council report on the matter. Occasionally, she said, a business owner assumed the issuance of the license translated into overall city approval that all city codes had been met.

In reality, other problems sometimes still existed, she said, such as improper zoning, issues related to fire inspections or not being up to building code.

"We realized we were sending mixed messages," Brooks said. "It doesn't happen often, so I don't know that we considered it a problem. We considered it more a quirk in the current system."

It's a matter of putting the cart before the horse, council member John Voss said. The rule change should help remove some confusion and ambiguity for potential business owners and make the process run more smoothly, he said.

"As we find small defects in our ordinances, we want to correct them," Voss said. "Things should probably be done a certain way so it's an orderly process to help avoid some frustration and hassle."

The proposed ordinance -- which the council will give final consideration to at its Dec. 5 meeting -- still requires that all taxes and service charges be paid before the license is issued.

But new portions have been added to say no liquor or business license shall be issued unless the building and premises for which the license is sought comply with all applicable provisions relating to zoning, subdivision regulations, development and building codes. The new ordinance also requires the applicant's property to conform to all of the city's health and sanitation requirements.

If the council approves the final reading of the ordinance Dec. 5, as it is widely expected to, it will take effect 10 days later.

"It just doesn't seem logical that we give them a license if they don't meet all the requirements to occupy the building or don't have proper zoning," city manager Scott Meyer said. "This ordinance will wrap all that up that before we issue a license to make sure they meet all the city requirements."

smoyers@semissourian.com

388-3642

Pertinent address:

401 Independence St., Cape Girardeau, MO