Cape Girardeau's board of adjustment refused Thursday to grant a variance needed for a south-side convenience store to continue to sell liquor.
The board voted 5-0 against the request from the owner of The Outlet convenience store for renewal of the license. Board action followed a public hearing at which members of a neighborhood group voiced opposition to the request, citing concerns about homeless and intoxicated people loitering and littering the ground around the store.
A store supporter, however, said closing down the business would not solve the problem of people loitering at the corner of South Sprigg and Morgan Oak streets.
City staff had recommended the board deny the request to allow the convenience store to sell alcohol.
City code prohibits granting of liquor licenses to any establishments within 200 feet of a church, school or any other building regularly used as a place of religious worship without consent of the adjustment board. The Outlet, located at 341 S. Sprigg St., is within 200 feet of the Salvation Army building, which is considered a church, city staff said.
The SNAP (Stop Needless Acts of Violence Please) neighborhood group submitted a petition with 158 signatures in opposition to the liquor-license-renewal request. The Salvation Army earlier had registered its opposition in an email, board chairman Charles Haubold said.
Real estate agent Tom Meyer also expressed opposition in a letter, SNAP member Carolyn Ervin-Mobley told the board.
She said students, who walk from the bus stop to the Salvation Army for an after-school program, frequently have been harassed by drunks outside The Outlet.
Ahmed Raza, who owns the business, said earlier this week when he acquired the business last year, he was not aware he would need the board's approval.
The city board in June 2015 granted a consent for a liquor license at that location for the previous convenience store owner, according to city planner Ryan Shrimplin.
When Raza bought the business, the city mistakenly granted a new liquor license without going back to the board for consent, Shrimplin said in advance of Thursday's meeting.
Raza said before the meeting without a license to sell liquor, he likely would close the store.
Police Lt. Brad Smith told the board police have responded to numerous complaints of loitering, littering, weapons violations and other activities in and around the convenience store over the past year.
Smith said police "don't want to shut down any business," but the department doesn't believe The Outlet staff can address the problems. He added it is the business' responsibility to police the area.
The area has been the site of numerous complaints to police for a number of years, but he said many of those loitering in the area "seem to gravitate toward The Outlet," Smith said.
But store manager Erica Williams said the store staff has made every effort to keep people from loitering around the store.
Williams said she has been employed at the store since 2016. Raza bought the business in April 2017, she said.
"I see every day the issues around that area," she told the board. "It is horrible," she said, but added that "it is getting better."
Williams said the store has "taken out restraining orders" against some of the loitering people. Many of them, she said, have mental problems, and hang out around the entire intersection.
She said they have called police on numerous occasions to address the problem.
Raza's brother, Sami Ullah, said taking away the liquor license will not solve the problem.
"This is not just a store issue. This is an area issue," he told the board.
Although the decision to deny the variance was unanimous, board member William Whitlock said, "I think this is more of a problem for the city than the convenience store operator."
He added, "The city council needs to take some action."
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