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OpinionJanuary 24, 1995

To the editor: The Jan. 23 editorial suggests the city council, in dealing with the liquor license application for Regina's House of Dolls, should have deliberately rejected or postponed a decision so the city could enact ordinances to prohibit or regulate the conduct in the nightclub. ...

Al Spradling Iii

To the editor:

The Jan. 23 editorial suggests the city council, in dealing with the liquor license application for Regina's House of Dolls, should have deliberately rejected or postponed a decision so the city could enact ordinances to prohibit or regulate the conduct in the nightclub. The editorial irresponsibly suggested that the council vote down the liquor license and let the applicant sue the city. Not only would the council be wrong for voting down something that is legal, it would be irresponsible to expose the city to damage awards and awards of attorney's fees when the council could not justifiably sustain its position.

The city cannot ban the type of conduct proposed by Regina's House of Dolls. It can regulate the conduct through appropriate ordinances. The city can restrict the time, place and manner of conduct, which, in essence, the city has done through the liquor license. There are additional actions the city may take to regulate this industry, which will be under consideration. The city council will be examining the Blue Springs ordinance and other ordinances that exist regulating the strip bar industry. However, regulating the strip bar industry and issuing a liquor license are not dependent on each other.

The editorial begs that if the city has no leeway in issuing a liquor license, then it should be handled administratively. Some cities do handle the issuance of liquor licenses administratively through a liquor control commission. Cape Girardeau has opted for a different procedure and wants to ensure that the requirements are met before a license is issued.

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The editorial also misses the mark when it declares that the city ordinances allow churches to have the last word on taverns as neighbors. Our ordinances authorize the issuance of a liquor license even though consent has not been obtained from a church or school.

The city has never said its hands are tied on strip joints. If a strip joint qualifies for a liquor license, it must be issued. The city council will be reviewing ordinances in the very near future to see whether or not they should be adopted to regulate the time, place or manner of strip joints under constitutional guidelines.

AL SPRADLING III, Mayor

Cape Girardeau

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