Sidewalk Cafe Permit in Ontario
Sidewalk cafe permit applications have become more complicated in Ontario Canada where i live and work. Gone are the days when Licenced Restaurants, Cafe and Food establishments could set up a sidewalk or boulevard cafe in the warmer months without any need to contact the city. Things have changed. A sidewalk cafe has to have a permit and cities like Toronto, Ontario even require CAD drawings to be submitted instead of hand sketches along with lots of other documentation to address Ontario building code compliance and with local by laws.
Most cites and towns on Ontario assign an operating time limit to sidewalk cafes in the case of Burlington, Ontario this is April 15 to October 31. This is a departure from the regulations about patios during the pandemic, where restaurant owners were encouraged to serve people outside even during the winter months. The pendulum of regulation has swung quite far in the opposite direction now with boulevard cafe permits getting the Building and Bylaw departments, Fire Department, Parks and Forestry and even corporate legal departments a say in whether or not you can serve customers out in the open.
Sidewalk Cafe Permit Requirements
Some cities in Ontario still use the older term "boulevard cafe permit" to refer to the sidewalk cafe permit. Its important to use the correct terminology in the application process.
The most important aspect of the CAD drawings is a site plan that shows the specific location of the cafe with respect to roads and neighbouring residential homes. It has to show evidence that the sidewalk cafe complies with all the local building public safety codes such pedestrian clearances, fire hydrant locations, hydro power pole locations, transit ramps, disabled person access ramps, visual screens to shield neighbouring homes. The locations of barbeques and propane space heaters have to be shown as well as declarations that these items are fire department and NFPA code compliant.
You must show proof that you have appropriate ramps for people with physical disabilities as well as show fence heights and planter positions and colours to assist people with visual impairments. The Sidewalk Cafe Permit system is basically a long checklist of public safety conditions.
Additional files and documents
In the past a hand sketch would suffice but as new by laws and code requirments have come into force, there has been a push on the part of the building department to have all these shown on a formal CAD drawing
Permit applications also require sufficient photographs of the patio area to describe its area and location as well as PDF documents like Propane heater declarations which you have to sign to acknowledge you are taking responsibility for assuring the safe use of these appliances and that they are fully NFPA compliant.
A certificate of proof of liability insurance is usually also required, for licenced establishments this is often $5,000,000 liability requirement.
Once the documentation package is ready all the components need to be uploaded to the building department in a specific manner and order. Its easy to miss a file or a document because requirements vary from one type of sidewalk cafe to another.
Missing a file can cause the building department to reject your application and make you restart the process from the beginning. There are of course fees for sidewalk cafe permits and you may also be charged an additional fee based on the area of your sidewalk cafe.
If you are in need of sidewalk cafe permit and you need help in tackling the process please give me a call. I can put the entire documentation package together along with any necessary CAD drawings. I can also make the application and make sure all the documents are sent and the confirmation emails are received. This is important because nowadays permit departments dont even offer phone numbers where you can contact officials.
Toronto's CafeTO program
The City of Toronto, Ontario has initiated a grant called The CaféTO Property Improvement Program to cover the cost of improvements in creating a new sidewalk cafe. As of August 2023 the grant will cover up to $5000 or half of a minimum of $10,000 in improvements toward costs such as new chairs and tables and a further $2500 in some case toward the installation of AODA ramps other compliance features as well as drawings and professional fees.
In this CBC news article Toronto deputy mayor Jennifer McKelvie talks about how some restaurants that have had sidewalk cafes for the past 10-20 years could end up getting rejected "This is important because we have to be diligent in how we use public space for profit," said McKelvie, while discussing ramps and the need for access by emergency vehicles.
In a news release, the city said staff are now required to conduct detailed reviews of curb lane café applications with input from multiple departments, such as emergency services and the TTC.
Toronto's sidewalk cafe application process is by far the most complicated in the Province. Toronto restaurants can typically expect to pay anywhere $1500 to $3500 a year for sidewalk cafe permits under the CafeTO program. In spite of this the fees collected are not expected to cover more than 50% of the administration costs. It is almost that these fees will continue to increase. As well city staff have talked about reducing the number of days a sidewalk cafe can be open.
Once a restaurant receives approval by email, there can still be delays especially in the case of curb lane cafes because they still have to wait for city traffic to check out the site for the installation of traffic safety measures.
