Council grants liquor license for Cape Mart, except for Sundays

Nearby residents showed up in droves to protest Monday night, but Shah Faisal can open his new Cape Mart convenience store on North Fountain Street now that the Cape Girardeau City Council has granted him a liquor license.

Council members said they had no choice but to grant the license at the council meeting, but neighbors did get one concession -- the council ruled the store won't be able to sell booze on Sunday.

"We are bound by this," council member Loretta Schneider told a roomful of residents after the unanimous vote. "Nothing is more important than your homes. We don't want this destroyed by anyone."

Council members said they felt obligated to approve the license at 238 N. Fountain St. because the previous occupant of the structure was an organics food store that sold specialty wines and beer. That store, Ganix, was operating as a nonconforming use in a area zoned for mixed-use development; it had been grandfathered in after the zone was changed from a commercial zone.

The council had previously denied the request of the applicant, Faisal, because of neighborhood opposition. At that meeting the council had denied the request because members thought the differences would be substantial because opponents characterized Cape Mart as a liquor store.

Because Ganix did not sell liquor on Sunday, the council opted to not allow Faisal to sell liquor on Sunday, though he could apply for a special-use permit at a later date to allow for that.

Faisal was not at the previous meeting, but he was at the meeting Monday, along with his attorney, Gordon Glaus. Faisal pledged to limiting his floor space to 15 to 25 percent for alcohol sales. He said he plans to open his store within the next two weeks.

Still, neighbors spoke for almost an hour about how they believe a store that sells liquor will disrupt their quiet neighborhood.

The Rev. Bob Towner is the rector of Christ Episcopal Church, which is about a block from the site of the store. He said the neighbors are school children, Cub Scouts, the Discovery Playhouse and several Alcoholics Anonymous meetings.

"The convenience of alcohol, tobacco and potato chips is not likely to be a positive aspect to any one of these neighbors," Towner said.

About 15 people stood up when Mayor Harry Rediger asked the opposition to rise.

At least once council member said she wishes her hands weren't tied.

"If I had a choice, I probably would not be voting the way I'm voting," council member Deb Tracy said.

smoyers@semissourian.com

388-3642

Pertinent address:

238 N. Fountain St. Cape Girardeau, MO