Eligibility

Only licensed Eating Establishments and Banquet Halls are eligible to receive a permit to operate a Temporary Outdoor Patio.

Temporary Outdoor Patios are not permitted without a permit from the City.

A permit application must be completed with the applicant attesting that he or she meets all of the requirements to set up a Temporary Outdoor Patio. A business licence with an endorsement for a Temporary Outdoor Patio shall be issued within two days; however, applicants may set up a Temporary Outdoor Patio upon submission of their application.

Application

Applicants need to declare that they have permission from the landlord (if applicable), $2 million general liability insurance, and have read, understood and will abide by all permit requirements and relevant by-laws.

There is no fee for application.

Application for Special Event Permit for Special Outdoor Patio (PDF)

Requirements for Patios

For Eating Establishments, patio shall not exceed one hundred percent (100 per cent) of the gross floor area of the associated Eating Establishment.

For Banquet Halls, patio shall not exceed Fifty percent (50 per cent) of the gross floor area of the associated Banquet Hall.

Patios may be permitted to occupy required landscaped areas provided they do not disturb any existing vegetation.

Patios may occupy parking spaces to a maximum of 20 per cent of the total parking provided on the lot.

Patios shall not be permitted to occupy accessible parking spaces.

No additional parking shall be required for a Temporary Outdoor Patio.

Patios shall not impede pedestrian or vehicular access to the site.

Patios shall not be permitted in any yard located between the building containing the main Eating Establishment or Banquet Hall and any Residential Zone.

The perimeter of a Temporary Outdoor Patio that occupies a driving surface, such as a parking lot, or on which alcohol is served, shall be enclosed by a temporary fence:

(a)      of no less than one metre in height;

(b)      that is self-supporting, plumb and in good repair;

(c)       that is of a construction that will not under normal circumstances allow a person to pass through or underneath it; and

(d)      that has reflective markings that are spaced no more than two (2) metres from each other.

Access to any enclosed area shall:

(a)      be attended by a dedicated staff member of the Eating Establishment or Banquet Hall; and

(b)      meet all of the accessibility requirements under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 and its relevant regulations.
 

(a)      be at least five metres from a point at the edge on any driving or parking surface that is directly in front of a fire hydrant or fire department connection;

(b)      provide an unobstructed pathway to such fire hydrant or fire department connection that is at least five metres wide at any point;

(c)       not encroach on or occupy any laneway or other area deemed a fire route;

(d)      not encroach onto or occupy any portion of the Right of Way; and

(e)      not encroach on or occupy any portion of the following, if designated for persons with a disability: a drive isle, driveway, parking space, or area/access point.
 

Tables and seating must be arranged so as to allow for Social Distancing between members of different patron parties, while all seated.

Notwithstanding any of the requirements in this Part, the Police Chief, Fire Chief, Chief Building Official or Director may impose further conditions or requirements that they deem appropriate to safeguard public safety or mitigate nuisances.

Operating Requirements

Every Owner shall ensure that all recommended health measures for Eating Establishments and Banquet Halls, established by a Public Health Officer, are implemented and followed while the Eating Establishment or Banquet Hall is in operation.

Every Owner shall make every reasonable effort to ensure that all patrons of the Eating Establishment or Banquet Hall adhere to any and all applicable legislation (e.g., AGCO regulations) and by-laws.

The use of musical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audiovisual presentations, music concerts and shows, shall not be permitted.

No Person shall operate or conduct any business activity, other than seating and food services as intended from the Eating Establishment or Banquet Hall.

No Person shall allow permit or cause an unsafe condition or activity to exist or remain on a Temporary Outdoor Patio.