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Kenmore outdoor dining resolution sparks confusion, village clarifies intent to support local businesses

The Village of Kenmore Board voted unanimously to amend a resolution in place since 2004, but not before addressing misconceptions about what the changes would mean for local establishments.
Kenmore outdoor dining resolution sparks confusion, village clarifies intent
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KENMORE, N.Y. (WKBW) — Kenmore business owners and residents voiced their concerns Tuesday night over changes to the village's outdoor dining regulations.

The Village of Kenmore Board voted unanimously to amend a resolution in place since 2004, but not before addressing misconceptions about what the changes would mean for local establishments.

The wording in the resolution was amended to include "without the express authorization of the village" in Section 2 under Sec. 25-341. - Restrictions for A, E and H.

Sec. 25-341. - Restrictions.

(a) No tables, benches, seats, planters, decorations or signs shall occupy or block any existing parking spaces without the express authorization of the village, nor may such furnishings block parking meters, trees, utility poles, mail boxes, exits or entrances, or be located so as to block or impede pedestrian or vehicular traffic.

(b) All furnishings and fixtures are to be maintained in a satisfactory state of repair, cleanliness and appearance.

(c) Reserved.

Many residents and business owners initially feared the proposal would add more restrictions to outdoor dining, potentially banning outdoor music and limiting Kenmore's vibrant atmosphere. However, village officials clarified that the amendment actually aims to expand how businesses can apply for outdoor dining permits.

"We already went through the planning board. What's the idea of changing the process of before, you know, a business who's already established also businesses coming in knowing that something like this could change. So when you look at a lot and you're like, we came in, we got this approved, and you look at nothing on the side, is no outdoor dining allowed on the side of a restaurant or business?" said Chris DiCesare, Fattey Beer Company co-owner.

After hearing from concerned community members, village officials explained that the resolution intends to make outdoor dining regulations more permissive, not more restrictive.

"I agree with you that there are things in this law that are currently written that need to be changed, that we're not addressing tonight. That doesn't mean we're adding them, they were already on the books. We want to work with businesses to be more permissive but also be respectful to the residents," said Brittany Jones, Village of Kenmore Trustee.

Jones added, "I think this is step one to be a bit more permissive in a way that we haven't in the past and then look to find ways where we can make it even more permissive so that we invite really great businesses that are really good to our community."

One notable change in the amended resolution is that the annual application fee will increase from $50 to $100. Business owners will need to submit their applications to the building inspector annually.

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