Patio restrictions tough to swallow
Restaurateur in Kelowna fights city hall over umbrellas, signage
Kamel Abougoush is not against bylaws. But he is against stupid bylaws. And he definitely considers the three bylaws that threaten to close down his 30-seat patio at The Grateful Fed restaurant at 509 Bernard Ave. in downtown Kelowna stupid.
“If I sound desperate, it’s because I am desperate,” said Abougoush.
“I’m looking for help from city hall to help me succeed as a business, not stand in my way.”
Abougoush shakes his head and points as he describes what the City of Kelowna considers to be his offences.
First off, there are the four colourful umbrellas shading tall tables.
The city’s Bernard Avenue Patio Guidelines (which are different and stricter than guidelines for other parts of downtown) state umbrellas must be at least six feet eight inches high and encroach no more than eight inches over the pedestrian walkway for safety reasons.
The Grateful Fed’s umbrellas are about seven feet high, but they overhang the sidewalk by about two feet.
Abougoush feels the extra overhang shouldn’t be an issue because the umbrellas are so high that no one is going to run into them while strolling by.
Next is the four signs he slots into specially made frames on the patio’s railing, announcing daily specials.
Guidelines say signage on patio perimeter railings isn’t allowed and must be removed.
Third, that sandwich board sign announcing $5 happy hour 4-7 p.m. and $5 appies all night long can’t be on the sidewalk.
Abougoush said the sandwich board is actually neighbouring Valley First Credit Union’s unused patio entitlement and he has Valley First’s permission to place it there.
Scared by the city’s email to revoke his patio licence, Abougoush has taken the railing signs down and brought the sandwich board onto his patio behind the railing.
However, he’s left the umbrellas up.
“People won’t sit out on your patio on a hot, sunny, summer day without shade,” he said.
Abougoush’s run-ins with city hall started a few years ago after Bernard Avenue was revitalized with wider sidewalks and more and bigger restaurant patios were allowed, along with a new set of guidelines.
Abougoush received warnings about his infractions, culminating in two $500 fines last summer.
He fought those penalties, and the city’s director of corporate services, Rob Mayne, told Abougoush he didn’t have to pay the fines because the guidelines were under review.
Mayne died suddenly earlier this month, so we can’t check that fact.
However, The Okanagan Weekend did contact property officer Tammy Abrahamson, the city employee who sent Abougoush the list of infractions and notice asking him to “attend to this matter immediately to avoid any disruption to your patio licence.”
As a matter of city protocol, Abrahamson said she wasn’t authorized to speak with media.
She suggested I email her my questions about the matter and she, or someone else, would get back to me.
I sent the email Thursday afternoon and sent a reminder Friday morning but heard nothing back.
Abougoush said Mayor Colin Basran and city councillors have eaten lunch as a group at The Grateful Fed eight times over the past two years.
He said the mayor and councillors Tracy Gray and Brad Sieben, in particular, indicated what he’s doing with his patio isn’t an issue.
“Sure, I want the mayor to do something,” said Abougoush.
“I tried last summer and will try again now to get new bylaws. The city shouldn’t make it difficult for people to do business when it comes to things like this.”