Patios 101

Oct. 30, 2020 10:00 a.m.

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Top 5 things to know about creating, expanding or operating a dining patio in Vaughan


Do you own or operate a dining patio in Vaughan? For local restaurants, banquet halls and other eating establishments that have adapted to modified Stage 2 restrictions and are exploring ways to prolong their patio season, the City’s By-law and Compliance, Licensing and Permit Services department is reminding you to keep these things top of mind.
 
1. The City has further extended its permit deadline to create or expand a dining patio in Vaughan.
 
On June 19, Mayor Maurizio Bevilacqua issued the first directive under the City’s new Emergency Measures By-law to allow local eating establishments and banquet halls to temporarily expand or establish additional patios until Nov. 1, while maintaining physical distancing. On Oct. 21, Council voted to further extend the temporary permit deadline until the end of the declared state of emergency in Vaughan – it will remain in effect until 14 days beyond this date.
 
Businesses can begin the patio expansion process by completing an application form (PDF) and emailing it to bylaw.licensing@vaughan.ca. Only licensed eating establishments and banquet halls are eligible to receive an approval to operate a temporary outdoor patio, otherwise it will not be permitted. Upon completion of the application, the applicant must confirm the establishment meets all the requirements to set up a temporary outdoor patio. These include ensuring the space:
  • complies with all applicable laws
  • does not exceed 100 per cent of the floor area for restaurants and is at a maximum of 50 per cent for banquet halls
  • only occupies 20 per cent of provided parking spaces, not covering accessible parking spaces
  • does not obstruct vehicular or pedestrian accesses
  • does not provide music 
A business licence with an endorsement for a temporary outdoor patio will be issued within two business days; however, applicants may set up the patio once they submit their application.
 
2. Operators must follow health and safety measures in place from York Region Public Health and the Government of Ontario.
 
If an establishment is operating with appropriate outdoor dining measures, as per provincial and regional guidelines, the following steps must be followed:
  • Take reservations
  • Limit the number of patrons allowed in the outdoor space at one time
  • Ensure enough space between tables to allow for movement – a minimum of two metres (six feet)
  • Ensure access to on-site facilities is limited to the patio/outdoor dining area, food pick-up, payment, washrooms or for other health and safety purposes 
3. If portable heating appliances are being used, ensure safety protocols are being followed.
 
Businesses using portable heating appliances must:
  • ensure the heater is officially certified with CSA Group/ULC Standards.
  • designate the heater for outdoor use only.
  • have an anti-tilt feature that automatically shuts off the heater.
  • install the heater on a non-combustible solid surface, and avoid setting up on grass, uneven sidewalks or under fire escapes.
  • follow all manufacturer safety requirements for the safe transportation, operation and storage of fuel if using a propane or other fueled heating appliance. 
4. Patios cannot be enclosed.
 
In accordance with Ontario regulations, patios cannot be enclosed. However, they can be covered with the use of an awning or tent. If covering a patio area, here are some guidelines:
  • At least two full sides of the outdoor dining area must be open. These open patio sides must also not be substantially blocked by a physical barrier.
  • Building permits are not required for tents that cover under 60 square metres in aggregate floor area and are not attached to a building. 
5. Any violations can be reported to Access Vaughan for By-law’s investigation.
 
All outdoor dining and patio inquiries should be directed to Access Vaughan at 905-832-2281 or by email at accessvaughan@vaughan.ca. All violations reported through the City’s contact centre will be directed to Vaughan’s By-law and Compliance, Licensing and Permit Services department for investigation.
 
Vaughan’s By-law team – in partnership with public health officials, York Regional Police and other levels of government – remains at the forefront in applying and enforcing new provincial regulations passed under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA), in addition to implementing directions of the York Region Medical Officer of Health and the City’s COVID-19 Emergency Measures By-law. To further assist in the fight against COVID-19, proactive public education efforts and increased enforcement have also been initiated by By-law Officers across the city.
 
Looking for more information?
 
As the pandemic evolves, the City continues to consider innovative options that will allow businesses to offer temporary alternatives that align with provincial and public health mandates. Stay up to date with the latest response efforts by frequently checking vaughan.ca/COVID19. Citizens are also encouraged to sign up for the City’s eNewsletter at vaughan.ca/CityUpdate and follow the City’s Twitter, Facebook and Instagram for news as it is released.  
 
Those who feel unwell, and believe they have symptoms related to COVID-19, should contact York Region Public Health or Telehealth Ontario at 1-866-797-0000. For additional information and resources on the virus, visit York Region's website at york.ca/COVID19.
 
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