Business

Could an Old Town Bluffton restaurant really be named ‘Fricken Chicken’?

Michael Kronimus, co-owner of B2K, LLC and an architect with KRA architecture and design, submitted an application to the Town of Bluffton for a 5,000-square-foot two-story building at 7 Johnston Way in Old Town Bluffton.

He said the building was approved by the planning commission Aug. 24, but something unusual happened at that meeting.

At the last minute, he said, a member of the commission asked if Kronimus’ proposed first-floor tenant would consider changing the name of his business.

That proposed tenant is Andes Fricken Chicken.

“The planning commission has nothing to do with the name,” Kronimus said. “I mean, the planning commission has to do with height, size color, width, landscaping, you know, all that stuff.”

Kronimus said he told the member he had no control over what the potential tenant decided to name his restaurant, but that he would bring the feedback to the owner.

“We (asked the owner about the name) already,” he said. “And he’s deciding what he wants to do.”

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Andes Fricken Chicken has yet to apply for a business license or sign any type of lease, Kronimus said, but he planned to confirm the lease with the potential restaurant owner, Andrew Fishkind of May River Contracting, within the next few weeks.

Several attempts were made Tuesday to reach Fishkind for comment.

Kevin Icard, planning and community development manager with the town, said the planning commission was not reviewing the specific business or it’s name during that meeting, despite the question raised by the commission member, Terry Hannock, to change the name.

When asked why anyone on the commission would request a name change if they were not a part of its review process, Icard said, “I think (Hannock) stated at the meeting that that was his personal request that he just wanted to express.”

“Fricken” is an alternative for a similar-sounding cuss word.

Two calls to Hannock on Tuesday were not returned.

However, Icard said the town would try not to dictate how someone named their business.

“Free speech is very important,” he said. “It’s very important to the town as we do not want to infringe on anyone’s rights of how they name it, as long as from an offensive standpoint if there are obscene words, pick the list, you can imagine, we would bring that to the attention of the applicant.”

Terry Finger, who has served as the town attorney for more than 10 years, said he had never been asked about the legality of business names.

“First Amendment issues would be something that would come to my mind,” he said. “But I don’t think our ordinances specifically delineate criteria for names.”

He said he didn’t know if a business could legally use a profanity in its name, but if the town asked him, he said he didn’t think it needed to give a business license to a business that had profanity in it.

“Speech is very protect,” he said. “But doing business in a town is a privilege, not a right.”

Madison Hogan: 843-706-8137, @MadisonHogan

This story was originally published September 13, 2016 at 4:30 PM with the headline "Could an Old Town Bluffton restaurant really be named ‘Fricken Chicken’?."

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