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With purchase of city lot, Mistler plans outdoor dining for South Beach

By Howard B. Owens

Some time this summer, downtown will have another outdoor dining venue.

On Monday, the Batavia City Council approved the sale of a small downtown parcel to South Beach Restaurant owner Ken Mistler.

The 1,900-square-foot lot is adjacent the restaurant. Mistler intends to convert a portion of it to a seating area and an outdoor grill.

The lot, currently known as Kiwanis Memorial Park, will be divided so that a portion will remain green space with a six-foot-wide walkway dedicated to the Kiwanis Club. 

The purchase price is $1,000, which Mistler said is exactly the appraised value for the lot. He said in order to make the purchase, the city required him to pay for a professional appraisal, which cost $700.

"I think it's going to enhance downtown, and bring more people to downtown," said Fifth Ward Councilwoman Kathy Briggs. "I'm excited about it."

Mistler said that's exactly his goal. He hopes the new place will help promote downtown, generate more revenue for his employees and allow him to add three more staff members.

"This is for downtown," Mistler said. "Batavia is a small community and I like what goes on here."

When completed, the grill will serve customers both inside and outside the dining area. It will also be a place where people can drive to, park at the curb, and get a quick hamburger or hot dog. Walk-up customers will also be welcome.

Still undecided is what alcohol service will be available. If Mistler wants a cash bar outside, he needs to get another liquor license. Or he could knock a hole in the wall behind his current bar and service customers through a window. Or customers could buy liquor inside and bring it out to the patio.

As for the Kiwanis, Mistler said he is offering them the walkway as a place to sell bricks as a fund raiser every five years. He said he will supply the labor to lay the bricks and if the Kiwanis don't sell them, he will, and donate the money to the Kiwanis.

George Richardson

Don't they have waitresses in Batavia? Why can't they take drink orders and walk to the bar? Why would the outside need another liquor license? Y'all are weird like Austin.

May 24, 2011, 2:11pm Permalink
Chris Charvella

Nys Liquor licenses are tied to the property. if the parcel Ken is buying has a different address, he'll have to get a nother license. IIRC he also had to get separate licenses for upstairs/downstairs. A little ridiculous if you ask me.

May 24, 2011, 2:19pm Permalink
George Richardson

I think Batavia could find a more fitting location for Kiwanis Park, maybe with a Jungle Gym, a slide, swings and a Softball Field. But it does look like Batavia sold part of a park on the cheap, doesn't it. "Boost Batavia, it's good for you."

May 24, 2011, 2:22pm Permalink
John Roach

George, it was no real park. It was a space between two buildings that had a nice walkway and some plants and some flowers. It looked nice, but was really only a shortcut to Main Street.

May 24, 2011, 2:28pm Permalink
George Richardson

John, I know that but if I had stood there on July 4th, 2000 in honor of my deceased Kiwanis member I would be like, WTF? Get out of my face, are you serious? JAVOTEYET?

May 24, 2011, 2:38pm Permalink
Irene Will

Ken Mistler might want to check with the County Treasurer/Real Property office. I'm wondering if he just files a deed combining the two parcels into one parcel with only one tax map number, but keeping the same address, if then he might NOT need to get a new liqour license. I don't know the liqour laws, but that might be one way to get around it. I could be wrong - but it's worth checking into.

May 24, 2011, 2:46pm Permalink
Chris Charvella

Bud, I'll agree with that. I deal with people who are trying to get liquor licenses all the time and the general consensus is that the average person would rather pull their own tongue out than go through the application/approval process.

May 24, 2011, 2:48pm Permalink
George Richardson

"It is one more way for NYS to collect money from business owners."
Maura, you sound just like all of us and what can we do about it but vote? JAVOTEYET?

May 24, 2011, 2:50pm Permalink
Rachael Scott

Maybe I'm crazy, but I think guys like this should be getting tax breaks- ones who bring in business and ideas to struggling or small economies- and not the big oil companies.

May 24, 2011, 4:11pm Permalink
Billie Owens

Amen, Rachael, and that goes for all mega-corporations. The elected folks always talk about helping the middle class. My mother always taught me "action walks."

May 24, 2011, 9:36pm Permalink

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