The owner of a Cape Girardeau convenience store has appealed a decision by a city board to deny a variance needed for him to continue to sell liquor.

The city council will consider the appeal when it meets today at city hall.

City staff has recommended the requested liquor license be denied.

City planner Ryan Shrimplin said in a written report The Outlet convenience store on the city�s south side has become �a haven for loiterers and alleged intoxication, littering, harassment of children and other activities detrimental to the neighborhood.�

Renewing the liquor license would �adversely affect the right of adjacent property owners and residents,� he wrote.

The board of adjustment voted 5-0 last month to deny the request. Board action followed a public hearing where members of a neighborhood group voiced opposition to the request, citing concerns about homeless and intoxicated people loitering and littering the ground around The Outlet.

The store at 341 S. Sprigg St. is within 200 feet of the Salvation Army building, which is considered a church, city staff said.

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.

A south-side neighborhood group, SNAP (Stop Needless Acts of Violence Please), submitted a petition with nearly 160 signatures in opposition to the license-renewal request. The Salvation Army, by email, also opposed the license request, according to board chairman Charles Haubold.

But Ahmed Raza, who owns the convenience store, said, through his attorney, the license should be granted. He has submitted a petition with 367 signatures in support of his request, according to his attorney.

Adam Gohn, Raza�s attorney, wrote in a five-page letter to the council �Mr. Raza should not be blamed and punished for loiterers that spend time in the numerous abandoned/condemned buildings across the street from his store, or for isolated instances of people walking down a public street.�

Gohn said the board of adjustment three years ago granted a liquor license for the same establishment when it had a different owner.

He said �the board found that a unique condition did exist because the buildings along this street generally had little to no setback from the property lines, which placed them in closer proximity to each other than buildings in other districts. This condition has not changed.�

The business was subsequently sold to Raza�s Cape Corp. As the new owner, Raza applied for and received a liquor license last year, Gohn said.

City officials subsequently discovered the new license required consent from the adjustment board. City officials said they allowed the license to remain in effect through the end of June.

Gohn said, �There is no doubt that this block of Sprigg Street has long been plagued� by loiterers and litterers.

�Many buildings are abandoned or are owned by absentee property owners or landlords. This was true before Mr. Raza purchased this business and will remain true after his business closes,� Gohn wrote.

Denying the liquor license will not address the problem, the attorney said.

Revoking the license will force Raza to close the convenience store and �remove a taxpaying, helpful and productive business from an area that is lacking in any commercial activity,� he said.

City staff have said Raza could still operate a convenience store, just not sell alcohol.

But Gohn said alcohol sales comprise nearly 50 percent of the store�s gross profit.

�Furthermore, if Mr. Raza is unable to continue to sell alcohol, he will be charged a 40 percent restocking fee on top of the lost sales,� the attorney wrote.

According to Gohn, the convenience store will be forced to close within two months if the liquor license is not renewed.

Raza has cleaned up the property and installed security cameras, according to the letter.

Gohn said Raza �bought this business with the intent of making it better, which by all accounts he is trying to do. He would not have purchased this business if his efforts would result in a denial of his liquor license.�

mbliss@semissourian.com

(573) 388-3641