Seeking solutions

For three years Francine's Gardens on Pacific Street in Cape Girardeau has been the location for about 50 weddings a year in outdoor gardens, a setting preferred by many brides. And those weddings feature wedding receptions where liquor is served, even though Francine's Gardens doesn't have a liquor license. Instead, it relies on the liquor licenses of caterers. This is allowed under current city ordinances. But the owner of Francine's, Debby Erlbacher, would like to have her own liquor license, and she has asked the city council to allow such licenses for establishments that are at least 100 feet from churches and schools. The ordinance currently requires a separation of at least 200 feet.

Erlbacher told the council last week that she has a letter from Trinity Lutheran School less than 200 feet away on Pacific Street consenting to the liquor license for Francine's. Even though state statutes allow for letters of consent, the city attorney says the U.S. Supreme Court has ruled that the letters unconstitutionally usurp the city's legislative authority.

While Erlbacher is seeking a revised ordinance that could apply to similar situations throughout the city, there might be other alternatives. For example, the city could adopt an ordinance of its own authorizing consent letters and allowing licenses in cases like this for businesses that have been serving liquor without any police-enforcement problems.

Another possibility might be to allow the city council to decide on a case-by-case basis to grant liquor licenses inside the current ordinance's 200-foot limit.

Erlbacher's request raises an interesting issue for the council. Francine's Gardens is a business that provides a high-quality service. Finding a way to help it thrive makes more sense than looking for ways to block it.