Council sets hearing for Cape Mart Sunday liquor sales

Shah Faisal's request for a public hearing on his store selling liquor on Sundays quashed the debate Monday night before it really got started.

But following the Cape Girardeau City Council's regular meeting, the discussion overflowed into the hall, with the Cape Mart owner approaching one of his staunchest opponents.

"What did I do wrong?" Faisal asked. "I'm trying everything I can think of."

Faisal's question largely went unanswered and so will his biggest one -- at least until Oct. 17. That's when the council set a public hearing to hear Faisal's request for a special-use permit to expand his alcohol sales to include Sundays.

The council had the request on the agenda Monday, perhaps ready to rule on Faisal's request that had been recommended for denial by the Planning and Zoning Commission. The six council members -- Loretta Schneider was absent -- could have either voted to accept the commission's recommendation or ask for a public hearing themselves.

But Faisal was also legally entitled to ask for a hearing, and he did. That prompted Mayor Harry Rediger to cut off the discussion until the hearing, when they will entertain all comments.

The Oct. 17 agenda will also include an ordinance asking the council to offer its first-reading vote before considering the matter for a final time at the first meeting in November.

After the meeting, council members said they were going to keep an open mind and weigh all the testimony and requirements before rendering their votes.

"I have to look at all the facts," council member Mark Lanzotti said. "I want to hear the public input. That, to me, is honest analysis. I want to hear about what transpired from when it opened to date. I'll listen to pro and con and then try to make an informed decision."

During the meeting, Lanzotti did ask that the council be made aware of the factors that they need to consider as part of a special-use permit request in a "residential urban mixed-density" zoning district that normally doesn't allow it.

Some questions that the council will weigh are general findings, city manager Scott Meyer said, that include whether the business produces too much traffic, is bad for the community overall or to the neighborhood specifically.

"You have to follow the procedure, and this is part of the procedure," Meyer said. "Typically, the council will consider if any one of these findings are true. If they are, then they can deny the special-use permit."

People who live near Cape Mart said they intend to show up again at next month's meeting to tell the council that all of those findings are true. Residents complained of loitering, panhandling, traffic increases, graffiti and loud noise.

Scott Browning, for example, owns an apartment building that is less than a half-block from Cape Mart. He's had a panhandler ask for money and a break-in -- both firsts in the 50 years his family has owned the building.

"I've never had that happen before," Browning said. "There's more trash around, it's just a negative to the neighborhood. I can't prove there's a direct relationship between these things and the store going in, but I have to say it's all happened since it opened."

Browning also said he doesn't like the store being there at all, a commercial building in a residential neighborhood. He notes that three private residences sit right in front of the store.

"I just think it's inappropriate," he said. "And it's certainly adding insult to injury to allow them to go ahead and sell alcohol there on Sunday, too."

Faisal has his supporters, too. Travis Bargeon, who lives on Bellevue Street less than two blocks from Cape Mart, said he finds the it unfair that the store can't sell alcohol while other similar stores in Cape Girardeau can.

"It doesn't seem right," Bargeon said. "I'm going to be here next month to support him, for sure."

Faisal's attorney, Gordon Glaus, suggested that the opposition is a vocal minority and pointed out that Faisal has collected a petition with more than 300 signatures from supporters.

But Glaus said that his client is contented to have the opportunity to make his case before the council next month.

"Any time you have an open and fair hearing, it benefits both sides," Glaus said. "But we're definitely going to make our case and see what happens."

smoyers@semissourian.com

388-3642

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