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Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: November 15, 2021 Report Number: PDS-060-21
Submitted By: Ryan Windle, Director of Planning and Development Services
Reviewed By:
File Number:
Report Subject:
Andrew C. Allison, CAO
PLN 37.0.1
By-law Number:
Resolution#: PD-233-21
Seasonal Sidewalk Patio Program Results 2021, Guidelines, and
Procedures
Recommendations:
1. That Report PDS-060-21 and any related communications be received for information;
2. That all interested parties and any delegations be advised of Council's decision.
Municipality of Clarington
Report PDS-060-21
Report Overview
Page 2
In 2017, Council approved a pilot project to permit restaurants in downtown Bowmanville and
Newcastle to establish sidewalk patios within Municipal rights -of -way. Staff developed
guidelines and approval procedures in support of the program and coordinated the design
and construction of patio and sidewalk extension infrastructure at one restaurant location in
each of the two downtowns. An outdoor patio was added to Orono's downtown in 2020.
Interest in the Program has been steady over the last few years. Throughout the ongoing
COVID-19 pandemic, it has provided an opportunity for restaurants to offer sit-down dining,
al fresco.
This report provides an overview of the 2021 Sidewalk Patio Program and updates in light of
the experience implementing the Program to date.
1. Background
1.1. Seasonal sidewalk patios were identified by Council as a streetscape element that
would help to enliven Clarington's historic downtowns. Sidewalk patios are located
within the municipal right-of-way and are intended to improve liveability, enhance
pedestrian experience, and support local businesses.
1.2. In May 2017 Council adopted the recommendations of Planning Services Department
Report PSD-033-2017 to:
(i) Approve a pilot project to permit restaurants in downtown Bowmanville and
Newcastle to use on -street parking to establish seasonal sidewalk patios;
(ii) Direct staff to develop guidelines and approval procedures for privately initiated
seasonal sidewalk patios on municipal rights -of -way for the 2018 summer
season; and
(iii)Allocate $15,000 from the 2017 and prior years' Community Improvement Plan
(CIP) grant funds for Bowmanville and Newcastle to provide an incentive to
assist an eligible restaurant with the implementation of a patio.
1.3. In 2018, Report PSD-006-18 presented guidelines and approval procedures for
sidewalk patios, and Council approved the Application process for Seasonal Sidewalk
Patios on Municipal Property.
1.4. The Seasonal Sidewalk Patio Program was developed in consultation with restaurant
owners in the Bowmanville and Newcastle downtowns and the applicable Business
Municipality of Clarington
Report PDS-060-21
Page 3
Improvement Associations (BIA). Input considered in the development of the Program
included (i) assurance the patios would be available for more than a single season to
the restauranteurs in order to justify their investment in the patio infrastructure (outdoor
furniture, lighting, heaters etc.), and (ii) the ability to serve alcohol within the patio areas.
1.5. Walsh's Snug in Newcastle and Three -Six Kitchen in Bowmanville participated in the
pilot Program and operated patios during the inaugural 2018 season. Staff worked with
the restaurants to ensure the patio platforms met accessibility requirements and were
sized to accommodate the desired number of seats/servers and liquor license
requirements.
1.6. Feedback collected from participating restaurants and patrons after the first sidewalk
patio season in 2018 was generally positive. Restaurant owners advised the patios
were a success that translated into new customers, and additional staff. Planning
Services staff conducted a survey of patio patrons that indicated the sidewalk patios
were a welcome addition, and visitors had stopped in the downtown areas because of
the patios. Often these patrons went on to visit other local shops. Both Three -Six
Kitchen and Walsh's Snug operated their patios again throughout the 2019 season.
Walsh's Snug has continued to participate in the Program each season. Three -Six
Kitchen has opted out of the patio during the pandemic in order to focus on curbside
pick-up.
1.7. In 2019, Council adopted the recommendation in Report PSD-002-19 which expanded
the Seasonal Sidewalk Patio Program to Orono, and included the allocation of funds
from Orono's CIP to provide a similar incentive for the platform construction.
1.8. In preparation for the 2020 season, the Program Guidelines, Application Form, and
Sidewalk Patio License Fee were updated to reflect feedback received and experience
gained through the implementation of the Program. Such changes were outlined in
detail in Report PSD-053-19. Additional modifications to the Program were
implemented throughout the 2020 season in order to adjust to the evolving pandemic
situation. These changes, initially outlined in Report PDS-005-21, have been carried
forward through the 2021 season and are summarized in Section 2, below.
2. The 2021 Sidewalk Patio Season
2.1. The 2021 Sidewalk Patio Season again took place while the Province was under
pandemic -related service restrictions, which presented unique challenges and
opportunities. Program participation has remained steady relative to the 2020 season,
as restaurants made the most of patios to offer patrons a sit-down al fresco dining
option.
Municipality of Clarington Page 4
Report PDS-060-21
2.2. Walsh's Snug and the Massey House in Newcastle, and Fire Hall Bistro in Orono
operated sidewalk patios throughout the 2021 season. Endivine Bar and Grill in
Bowmanville applied to establish a sidewalk patio at the beginning of the season but
chose not to pursue its application, given the reduced capacity of the patio, and their
much larger COVID-19 Temporary patio located behind the restaurant. As noted, Three -
Six Kitchen opted to focus on the curbside pick-up component of the business rather
than use the parking spaces in front of their restaurant for the patio.
Figure 1: Walsh's Snug Patio, Newcastle
Figure 2: Massey House Patio, Newcastle
Figure I Fire Hall Bistro Patio, Orono
Municipality of Clarington
Report PDS-060-21
Page 5
2.3. Star Apples restaurant in Bowmanville also re-established its sidewalk patio this
season, using a similar configuration to the patio as previous years. The patio is entirely
contained on private property and therefore no application was required. The same is
true for the Newcastle House.
2.4. Council allocated funding totalling $15,000 from the downtown Community Improvement
Plan grant funds for each community to support the cost of the construction of patio
infrastructure for newly participating restaurants in 2021. No new seasonal patios were
constructed and installed during the 2021 season. The funds allocated in 2021 will be
carried forward and made available to support new additions to the Program in 2022,
should we receive any requests.
2.5. Restaurants have provided feedback indicating the importance of sidewalk patios to the
business during a time when conventional operations have not been possible. Other
feedback has related to the functionality of the sidewalk patio infrastructure given
physical distancing requirements significantly reduce seating capacity.
2.6. Staff has also heard the $1,725.00 Sidewalk Patio License Fee, and the costs
associated with patio infrastructure, patio furniture, and safety and landscaping barriers
presented challenges to those participating in the Program, particularly given the
ongoing impacts of the pandemic on businesses' revenues.
2.7. Clarington's COVID-19 Community Improvement Plan approved by Council in fall 2020
includes a grant program to assist with patio -related costs, subject to the restaurant
satisfying the eligibility criteria and a financial means test. However, it has been noted
that documentation requirements to satisfy the means test are onerous for businesses
during this particularly stressful time.
2.8. Seasonal sidewalk patio infrastructure remained in place until the last week of October
this year, at which point removal was necessary to prepare for winter road maintenance.
I I imele1v/ 1115Lai an Me
2.9. This annual report typically deals exclusively with Clarington's Seasonal Sidewalk Patio
Program. However, it is important to provide a brief overview of patios in the context of
the COVID-19 pandemic.
2.10. In June 2020, the Alcohol and Gaming Commission of Ontario (AGCO) announced that
liquor sales licensees were able to temporarily extend their patios or temporarily add a
new licensed patio adjacent to the premises for the duration of 2020, once they were
permitted to open. Licensees were required to demonstrate the municipality did not
Municipality of Clarington Page 6
Report PDS-060-21
object to the patio, and they were able to comply with applicable physical distancing
requirements.
2.11. In December 2020, the Province announced amendments to a number of regulations to
support businesses as they recover. These included amendments to Ontario Regulation
719 under the Liquor License Act to enable an extension of the permission for
temporary patios. Subsequently, the Registrar of the AGCO indicated support for the
continuation of the current permissions until the end of 2021.
2.12. In 2020, Council directed staff to (i) adapt the existing Sidewalk Patio Program process
and application form to deal with temporary COVI D-1 9-related patios (ii) work with
participating restaurants to ensure all applicable safety and accessibility requirements
are met, and (iii) incorporate a grant program to support the cost of establishing outdoor
seating areas into the COVID-19 CIP.
2.13. Thirteen local restaurants took advantage of the opportunity to create outdoor eating
areas to offset the restrictions on indoor dining. In some cases, temporary patios were
located along municipal rights -of -way while other businesses created outdoor seating
areas on private property, typically by reducing parking space availability.
2.14. Costs associated with the set-up and furnishing of new or expanded COVID-19-related
outdoor seating areas are eligible for funding under the Adaptation to Outdoor
Operation grant included in the COVID-19 CIP. Qualifying restaurants were
encouraged to apply for a grant to assist with such costs.
2.15. Modifications to the COVID-19 CIP were approved by Council in June 2021 to address
implementation challenges, and to account for second and third wave Iockdowns. The
Plan was also amended to exempt restaurants applying for a grant to cover the
Sidewalk Patio Licence Fee from the means test requirements.
2.16. Staff will monitor new information relating to patios as it becomes available and will
continue to work with participating restaurants for the duration that the temporary patio
permissions are in effect. Adjustments to the temporary COVID-19-related patio process
may be necessary as the pandemic situation evolves and new adaptation strategies
emerge.
3. Guidelines and Approval Procedure for Seasonal Sidewalk
Patios
3.1. In 2018, Municipal staff developed a Seasonal Sidewalk Patio approval process and an
application form that outlines all the applicable requirements and guidelines
(Attachment 1). The process and form have been reviewed and updated as necessary
Municipality of Clarington
Report PDS-060-21
Page 7
after each patio season to reflect feedback received on the process, experience gained
through the implementation of the program, and the actual operating costs.
3.2. In preparation for the 2022 season, a condition has been added to the application form
(Attachment 1) under the patio Design Requirements section to address patio
enclosure and heating, as follows:
`The outdoor patio shall remain open on all sides and shall not contain any source of
heating.'
3.3. The above noted condition has been added to address concerns brought forward by
Emergency and Fire Services in response to safety issues arising during the previous
two pandemic patio seasons. Restaurants pursuing such patio components will be
required to submit necessary documentation detailing the design of any proposed
enclosure or heating source to be reviewed and explicitly approved by the Municipality
on case by case basis each season. Any exceptions to the condition would be detailed
in the written letter of approval of the Seasonal Sidewalk Patio application.
3.4. The Municipality has been responsible for design and construction of the patio
infrastructure in order to ensure any rerouting of the sidewalk (if necessary) and
install/removal is carried out in a safe and appropriate manner. The Municipality
provides off -site winter storage of the patios.
3.5. In 2020, staff worked closely with the contractor who constructed the three new
sidewalk patios for the 2020 season in an effort to increase efficiency and decrease the
cost of the patio set-up/removal process and maximize the Municipality's investment in
sidewalk patio infrastructure. Through this collaboration, the design of the patio
infrastructure was standardized, enabling it to be installed at and used by any qualifying
restaurant. Further, the patios have been constructed to enable them to be transported
in a standard pick-up truck, simplifying the process and reducing the need for and cost
of specialized rental equipment.
3.6. Initially, the installation and removal of the patio was carried out by a contractor
arranged by the Municipality, the cost of which was to be covered by the Sidewalk Patio
License Fee. Beginning in fall 2019, Public Works staff has handled the set-up/removal
of patio infrastructure. This modification to the process has helped to reduce and better
anticipate costs. Restaurant owners are responsible for the patio area once installed,
including safety barriers and planters, furniture, lighting etc., and are required to provide
site plan drawings of the patio area proposed to occupy municipal property. As the
patios age their replacement will be the responsibility of the restaurant and meet the
design and construction plans to be approved by the Municipality.
3.7. In preparation for the 2020 patio season, the Sidewalk Patio License Fee was increased
by 15% to $1,725 to better reflect the costs associated with the set-up/removal of the
Municipality of Clarington
Report PDS-060-21
Page 8
patios at the beginning and end of each season. A License Fee increase is not
recommended at this time; however, the Fee may be subject to an annual increase
(approximately 3%) applicable to all Planning applications. The Fee is an eligible cost
under the COVID-19 CIP grant program, and as a result of the recent amendment to the
COVID-19 CIP, is exempt from the financial means test component of the CIP Program.
3.8. Restaurants applying for sidewalk patios are responsible for obtaining (i) the necessary
insurance to address municipal right-of-way occupancy, and (ii) a liquor licence to cover
the sidewalk patio area. Council direction was to restrict applications to restaurants that
have liquor licences and are open in the evening and on weekends. This requirement
was meant to address the goal of "enlivening the downtowns". In 2020, Council modified
the guidelines to enable restaurants in Orono without liquor licences to participate in the
Program.
3.9. Coffee shops and cafes that do not have liquor licences have historically placed tables
and chairs adjacent to their storefronts. This practice continued throughout the 2021
patio season as businesses adapted operations during the pandemic. Provided this
street furniture is maintained by the cafe owner and does not narrow the sidewalk
beyond 1.8 metres, they have been allowed. However, should the furniture impede
pedestrian access, Municipal By-law Enforcement has the right to remove the
impediment as outlined in the Boulevard By-law 2013-066.
3.10. The application form and patio design requirements contained in the Guidelines have
been reviewed with the Accessibility Coordinator and the Accessibility Advisory
Committee. All patios must comply with requirements of the Accessibility for Ontarians
with Disabilities Act. Seasonal Sidewalk Patio Applications are reviewed to ensure the
location, design and layout and ingress/egress meet the applicable requirements under
the Act.
4. Community Support
4.1. Feedback from the community relating to the Program in 2021 has been minimal. As in
past years, the community appears to have embraced the presence of sidewalk patios
during the summer months.
4.2. The BIAs and CIP Liaison Groups have been kept apprised of the Seasonal Sidewalk
Patio Program, the adapted process to provide for temporary COVI D- 1 9-related patios,
and the COVID-19 CIP grant programs to assist with the costs of outdoor seating areas.
4.3. BIAs generally agree the outdoor patios serve as a people generator and enliven the
street, thereby achieving the Program objectives. CIP Liaison Group members feel the
Program has been successful and support continuation and expansion of sidewalk
Municipality of Clarington
Report PDS-060-21
Page 9
patios in future years. Staff are mindful that a balance between the removal of parking
spaces with the addition of patios in the municipal right-of-way has to be maintained.
4.4. Initial concerns relating to safety and loss of parking appear to have subsided as the
Program has been implemented. To date, there does not appear to have been a
negative effect on the parking supply in the downtown areas, however each Seasonal
Sidewalk Patio application is and will continue to be reviewed in this context.
4.5. Clarington Tourism has featured outdoor patios as part of its promotions in recent years.
Tourism operators have received positive feedback from visitors indicating that sidewalk
dining opportunities are appreciated.
4.6. In support of the expansion and continued success of the Seasonal Sidewalk Patio
Program, and the enhanced importance of patios to support restaurants' operations
during the COVID-19 pandemic, the unexpended downtown CIP funds allocated in 2021
to support new participants in the Seasonal Sidewalk Patio Program will be carried
forward and made available for the 2022 season.
5. Concurrence
5.1. This report has been reviewed by the Director of Public Works who concurs with the
recommendations.
6. Conclusion
6.1. The purpose of this report is to provide an overview of the 2021 sidewalk patio season
and outline proposed updates to the Program for 2022.
6.2. 2021 was an active patio season. Patios provided an opportunity for sit-down dining
during periods of the pandemic when indoor service was not permitted.
6.3. Revisions have been made to the patio design requirements outlined in the application
form to address patio enclosures and heating sources. Staff will continue to work with
participating restaurants to ensure the continued success of the outdoor patios.
6.4. Sidewalk patios have been successful in animating the street and drawing visitors to the
downtown areas. To support the continued success of the Seasonal Sidewalk Patio
Program, the unexpended funds allocated in 2021 from the downtown CIP programs will
be carried forward to support new patios in 2022.
Staff Contact: Sarah Allin, Planner II, 905-623-3379 extension 2419 or sallin(a)_clarington.net .
Attachments:
Municipality of Clarington
10
Report PDS-060-21
Attachment 1 — Seasonal Sidewalk Patio Application Form; 2022
Interested Parties:
List of Interested Parties available from Department.
Page
Attachment 1 to Report PDS-060-21
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
c1tv;w4onSeasonal Sidewalk Patios on
Municipal Property Application Form
Municipality of Clarington
Planning Services Department
Please ensure all information is included in the application. Incomplete applications will
not be accepted. Please return this application by 4:00 PM on or before March 1 sc
Business Information
Owner Name:
Phone Number:
Registered Name of Business:
Operating Name of Business:
Street Address of Business:
Postal Code:
E-Mail:
After Hours Contact 1 Name:
Phone number:
After Hours Contact 2 Name:
Phone Number:
Checklist
Requirement
Y/N
Copy of complete Seasonal Sidewalk Patio Application Form
Copy of the vendor permit for the business
Site Plan, including dimensions (see appendix A)
Copy of current liability insurance (see appendix B)
Patio Sidewalk License Fee payment
Copy of AGCO liquor license for principal establishment and sidewalk patio*
Municipal Information Form for the Alcohol and Gaming Commission of Ontario
(AGCO)*
Fees
Patio Sidewalk License
$1725
Fire Review and Inspection
As per the Fees By-law, as amended
Municipal Information Form for the AGCO
No charge
All applicable fees, as detailed in this application and/or as cited in the Municipality of
Clarington's Fee By-law, as amended from time to time, must be submitted with the
completed Application.
*Not required for restaurants in Orono that do not hold a liquor license.
Page 1 of 7
Attachment 1 to Report PDS-060-21
I/We hereby make application to the Corporation of the Municipality of Clarington
("heretofore and hereafter "Clarington") to occupy the right of way for the purpose
described and agree to abide by the conditions of this permit and other applicable
Municipal bylaws. I/We agree to assume all liability and/or cost as a result of road
occupancy to maintain the work area and to indemnify and save harmless Clarington
until final completion and approval. I understand this is a competitive process and that
application for a patio does not guarantee that I will be selected. I understand that the
project is not guaranteed to continue in future years.
Agreement
I, the undersigned have read and understood the information provided and agree
to abide by all conditions and provisions listed on this permit application, and
permit, if issued.
Authorized Representative
1► .HM12
Signature:
Date:
Page 2 of 7
Attachment 1 to Report PDS-060-21
Appendix A — Site Plan and Design Requirements
Your patio design must conform to the following requirements.
Site Plan Requirements:
a. Location and dimensions of the patio entrances, exits, and access to
washrooms, in accordance with the Integrated Accessibility Standards for the
Design of Public Spaces;
b. Location and use of the adjacent buildings and their entrances and exits;
c. The location and dimensions of the patio and its entrances and exits;
d. Area of the patio in square metres;
e. Width of sidewalk occupied in metres;
f. Length of sidewalk occupied in metres;
g. Number of parking spaces occupied;
h. Width of sidewalk that will remain unobstructed (to be at least 1.8 metres);
i. The location and dimension of any umbrellas, tents, awnings, etc.;
j. The location, height, and construction material to be used for the boundary fence,
gate location, and width of gate;
k. Location of fire extinguishers;
I. Location of tables, chairs, other furniture or installations, etc. and the distance between
them to demonstrate how your patio will be accessible to patrons with limited mobility;
m. Location of all municipal services and/or assets within or adjacent to the patio (e.g.
location of curbs, municipal parking spaces, sidewalks, hydrants, storm sewer grates,
manholes, trees, hydro poles, streetlights, benches, garbage cans, sign poles, etc.).
Identify whether any of these elements would need to be removed or relocated to
accommodate the design. Additional fees may apply for removal or relocation, if such
modification is permitted);
n. The access to municipal improvements such as trees;
o. The location of Durham Region or GO Transit stops close to the patio;
p. The address of your business;
q. The number of seats on your patio; and
r. The maximum occupant load of your business and patio according to the Ontario
Building Code.
Design Requirements:
a. All patios must maintain the requirements of the Accessibility for Ontarians with
Disabilities Act (AODA). These guidelines set out basic requirements of the AODA.
It is the responsibility of each business to ensure their own compliance with the Act;
b. A minimum passable sidewalk width of 1.8m must be maintained at all times to
ensure accessibility for pedestrians;
c. Patios are not permitted to reduce the width of the traffic lanes of the public street. A
minimum street width of 6m must be maintained at all times to ensure adequate
width for emergency vehicles;
d. Patios are not permitted to occupy more than 2 parking spaces;
Page 3 of 7
Attachment 1 to Report PDS-060-21
e. Entrances to the patio, aisles within the patio, and all public areas must be
maintained in a manner that ensures the accessibility of patrons of all levels of ability
(preferably 860mm);
f. Design materials must be in keeping with the heritage character of downtowns;
Plastic and polyvinyl is not permitted. Composites are permitted provided their
appearance fulfills the above noted requirement(s). For input on potential
design concepts, contact the Planning Services Department;
g. Awnings, umbrellas and other fixtures must be maintained in good condition and
repair;
h. Barriers between the sidewalk extension and the patio should feature planting
boxes and are to be maintained by the restaurant;
i. No objects are permitted to overhang the sidewalk;
j. The outdoor patio shall remain open on all sides and shall not contain any source of
heating; and
k. The Applicant may only occupy and use the outdoor patio after any installed
structures have been approved in writing by Clarington.
Clarington responsibilities:
Temporary sidewalk design, location and dimensions, grade, construction material,
safety and load bearing will be Clarington's responsibility. Construction will be
undertaken by a contractor;
k. Exterior barriers encroaching into on -street parking spaces must be affixed with
high- visibility reflective markers for nighttime visibility;
I. Wooden sidewalk extensions may include safety traction tape to reduce the chances
of pedestrians slipping; and
m. Installation, removal and winter storage of constructed temporary sidewalk or patio.
Appendix B — Liability Insurance Requirements
Please provide proof that you are compliant with the following liability insurance
requirement:
You must hold and provide General Liability Insurance from an insurer licensed in the
province of Ontario for $2 million per occurrence with an aggregate limit of no less than
$5 million to the Corporation of the Municipality of Clarington against any liability for
property damage or personal injury, negligence including death which may arise from the
applicant's operations under this agreement. The Corporation of the Municipality of
Clarington must be included as an "Additional Named Insured". In addition, the
Commercial General Liability shall contain Cross Liability and Severability Clauses and
Products & Completed Operations coverage including a standard contractual liability
endorsement.
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Attachment 1 to Report PDS-060-21
Appendix C — General Conditions
Your operation of an outdoor patio must conform to the following requirements.
General conditions:
a. Any person or persons intending to occupy a portion of the municipal right of way for
any purpose, including a portion of the sidewalk, boulevard, or on -street parking must
first receive permission from Clarington;
b. Patios will not be installed prior to April 30 and will be removed no later than
October 30 of each year. For Bowmanville, installation will be after Maplefest and
removal will be prior to Applefest;
c. Permission to install a patio for a season does not entitle a business to any
right or expectation to be able to install a patio in subsequent seasons;
d. Any required sidewalk extensions must be completed before obstruction of a sidewalk
for construction or operation of a patio;
e. The Applicant assumes all maintenance and liability for the patio and may be required
to undertake alterations or repairs as are required by Clarington to maintain safety and
accessibility;
f. Clarington retains the right to access the patio and/or sidewalk extension if needed for
maintenance or emergency access to municipal property;
g. Permission to occupy the municipal right of way becomes null and void if the applicant
should fail to meet the requirements set out in this application and other applicable
documents, in which case, Clarington shall be at liberty to take any action it deems
necessary to repair the patio or to reinstate the site to its original condition for public
protection at the expense of the Applicant. In all cases the decision of Clarington staff
is final;
h. The Applicant shall maintain access to all public and private properties for the duration
of the work;
i. All municipal property, including the sidewalk, lighting, or other features will be
returned to their initial condition or repaired of any damages. Damages not repaired
by the Applicant will be repaired or replaced by Clarington at the Applicant's cost.
j. No business shall be eligible to operate an outdoor patio unless the business is
in compliance with all Clarington's requirements;
k. The Applicant shall be deemed to be the "constructor" and the "owner" for all purposes
under the Occupation Health and Safety Act for the railings and restaurant features on
the sidewalk. The Applicant shall further be deemed to be the "occupier" for all
purposes under the Occupiers Liability Act;
I. The Applicant agrees to indemnify and save Clarington harmless from and against all
losses, damages, actions or causes of action, suits, claims, demands, penalties,
interest and/or legal fees on a substantial indemnity basis arising in connection with
any matter that may arise from the issuance of a permit hereunder or the activities that
occur on a patio;
m. Clarington retains the right to access any planters, baskets, light posts, or other
infrastructure for watering, maintenance, or other matters. Clarington may elect not to
Page 5 of 7
Attachment 1 to Report PDS-060-21
install planters at the location of the patios;
n. Any costs, expenses or liabilities incurred by Clarington as set out above may be
collected by Clarington by means of invoicing for the costs; and
o. The Applicant agrees to provide Clarington with a letter from a qualified person, after
patio construction/installation and before beginning operations, confirming that
construction completed is in general conformance with the approved design.
Operating Requirements
a. At a minimum, restaurants operating an outdoor patio must be open during the
following hours: Tuesday to Saturday: 11:30 AM to 9:00 PM;
b. The operations of the business and patio must comply with Clarington's Noise By -
Law (2007-071), as amended;
c. The owner shall ensure that the area around the patio is kept clear of litter, waste,
cigarette butts, and refuse. The restaurant will inspect on a daily basis;
d. No person shall operate an outdoor patio on any municipal property other than that for
which permission has been granted;
e. No person shall permit the consumption of alcoholic beverages within any outdoor
patio area unless such area is licensed under the provisions of the Liquor License Act
to permit the consumption of alcoholic beverages and unless such outdoor patio
extension is operated in conjunction with a business holding a valid Liquor License;
f. Where such premise is licensed to permit the consumption of alcoholic beverages,
no person shall serve or allow the consumption of alcoholic beverages contrary to
any law; and
g. Outdoor patio operations are permitted only during hours authorized by the
Municipality of Clarington. Patio operations must cease between the hours of 10:00
PM and 7:00 AM, except for Fridays and Saturdays in July and August, during which
patios are permitted to remain open until 11:00 PM. Patrons are not permitted to be in,
or remain in, the patio area outside of authorized hours of operation. Clarington
reserves the right to change these hours.
Page 6 of 7
Attachment 1 to Report PDS-060-21
Appendix D — Post -submission evaluation
Submission of a complete application is not a guarantee of permission being granted for
an outdoor patio. Applications will be evaluated by staff to determine which will be
selected. Applications will be circulated to appropriate departments and partner
organizations for their comments.
Criteria
Criteria
Explanation
Location
Sites that are located in ways that are complementary to the existing
street design and require less extensive change to existing use and
management patterns will be preferred.
Design
Material choice — Appropriate heritage materials and design.
Streetscape — Attractive design elements for both patrons and
edestnans.
Safety
Sites that pose fewer challenges to traffic and pedestrian movement and
si htlines will be preferred.
Accessibility
Sites that more fully ensure the accessibility of the sidewalk and patio for
all patrons, in part through greater sidewalk width, will be preferred. Sites
should not reduce accessibility by proposing the displacement of parking
designated for persons with disabilities.
Potential
Preference will be given to patios that offer greater potential to
demonstrate the economic benefit of the program.
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