Council rejects change to liquor ordinance

After about a dozen of emotional testimonies Tuesday night, the Cape Girardeau City Council unanimously rejected a proposed change to the city code reducing the distance places that sell liquor have to be from churches and schools.

Any business with a liquor license will still be at least 200 feet from such buildings.

"It's a very black-and-white issue. We either change the ordinance or not," Mayor Jay Knudtson said during the study session before the meeting.

He told council members that even though the issue was emotional, they should make their decisions for the entire community, rather than on the basis of one business owner.

The request to change the liquor law came from Debby Erlbacher, owner and manager of Francine's Gardens, which lies just over 100 feet from Trinity Lutheran School. Erlbacher told the council that she and her son attended the school and that her granddaughter currently attends Trinity Lutheran so her interest was to protect the area and school while increasing her business' profits.

Francine's Gardens staff members, guests and photographers all told the council that Erlbacher always has the neighborhood and the safety of patrons in mind when conducting business.

"I find it interesting that no one from the school came to oppose" the ordinance, Erlbacher said after the meeting.

Several neighbors of Francine's Gardens voiced concerns about the possible license grant, mostly about noise. "We're afraid if they give this to her what will stop her from having a bar open six nights a week. We don't want that kind of noise," said neighbor and property owner Cheryl Hoffman.

With the defeat of the ordinance change, Erlbacher was unsure about the plans for her business.

"We might just have to find out what happens to the economy with our absence," she said.

Taxi proposal postponed

A second issue discussed was an ordinance amending current requirements for taxicabs. The owners of Designated Driver and the Hushpuppy Saloon requested that the council postpone voting on the ordinance. The owners said the new proposals would hurt their businesses. Knudtson and the council agreed a postponement would be fair, allowing taxi service owners to collaborate with committee members on the proposal.

Permits granted

In other business, an ordinance granting a special-use permit to Trifecta Development LC and Family Video passed unanimously to turn the Hardee's on Broadway into in a small strip mall. BAC Enterprises were granted its request for residential construction at 1000 N. Frederick St. Brenda Ware Lewis was granted a special-use permit to maintain and operate a day care at 805 S. Sprigg St.

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