Patio Reopening Guidelines

Covid-19 Patio Program Guidelines

This guide provides you with the information you need to open or expand your patio for the purposes of offering food or drink to the public pursuant to the province's Phase 2 Framework and the Town's Covid-19 Patio Program.

As part of the program, Owners of Establishments who wish to participate must first complete the Undertaking and Acknowledgement Form below. If your patio is wholly contained on private property, once your Form is complete, you may open your patio, subject to inspections and enforcement meant to ensure compliance with the Program requirements and provisions of applicable legislation. If you wish to expand your patio onto the Municipally-owned Right of Way (sidewalk/boulevard), you will also have to apply for and obtain a Right of Way Activity Permit. With this Permit, you will have to also agree to indemnify the Town against losses related to your use of the Right of Way and provide proof of insurance.

Please also note that, as the Province and the Town continue to respond and adapt to the Covid-19 Pandemic, regulations and conditions, that may impact the Program or your operation, may change. You are advised to stay informed. Please check the Town's website at www.innisfil.ca/COVID19 and the Province's website at www.ontario.ca/page/emergency-information for updates and new information.

Pre-Opening Recommendations:

The Simcoe Muskoka District Health Unit has published guidance for reopening a food premise for outdoor dining - Please click here to read these guidelines.

The Ministry of Labour has provided health and safety guidance for the Restaurant and Food Services Sector (www.ontario.ca/page/resources-prevent-covid-19-workplace).

These guidance documents supplement, but do not replace, guidance from Simcoe Muskoka Health Unit about food safety, or the Ontario Food Premises Regulations.

OWNER'S ACKNOWLEDGEMENT AND UNDERTAKINGS

RE: COVID PATIOS PROGRAM

Please complete all applicable sections. Please note that it is an offence under By-Law 033-020 to operate a Covid Patio without first submitting to the Town a complete Acknowledgement and Undertaking (and obtaining a Right of Way Activity Permit, where required).

Patio Location
Street Number
Street Name
Business Name
Patio Location (with respect to front door)			* If Patio occupies Parking Spaces, include number of Parking Spaces Occupied

Does your patio extend onto, or interfere with access to municipal property (such as a sidewalk, road or other land)?

Note: If the proposed patio is located wholly or partly on municipal property, a Right of Way Activity Permit will be required, including indemnities and insurance.

As a condition to Permit approval, I, on behalf of the Establishment, agree to indemnify and save completely harmless the Town, its agents, employees or servants, from and against all claims, demands, losses, damages, debts, actions, causes of action, suits, proceedings or costs whatsoever, at law or in equity, suffered or incurred by the Town whether directly or indirectly, as a result of the use authorized by this Permit, including but not limited to the operation of the Covid-19 Emergency Patio on municipal property, or as a result of any other matter or thing in connection therewith or pertaining thereto, including the carrying out of my obligations under the Town's Roads By-law or the Permit, or which may arise either directly, or indirectly, by reason of the operation of the Covid-19 Patio on municipal property pursuant to the Permit, whether with or without negligence on my part or on the part of anyone for whom the Establishment may be responsible at law, including employees, servants and agents. This includes claims in tort, contract or otherwise.

By clicking here, I confirm that I have read and understand, acknowledge and agree to the Indemnities provided above.

Prior to the operation of a Covid-19 Patio on municipal property pursuant to this Permit, and until such time as the Covid-19 Patio is removed entirely from municipal property, the Applicant shall obtain and maintain insurance coverage as outlined below, provided by (an) insurance company/ies licensed to transact business in the Province of Ontario and of satisfactory financial standing to the Town. Evidence of such insurance shall be provided to the Town in the form of a Certificate of Insurance signed by an authorized signatory prior to the commencement of any Works and annually thereafter for the duration of the Permit.

Commercial General Liability insurance policy with limit of not less than $2,000,000.00 per occurrence/$5,000,000.00 aggregate that insures against third party claims for bodily injury (including death), personal injury and/or property damage as a result of actual or alleged negligence of the Applicant and/or its employees, servants and agents. This policy shall include:

The Corporation of the Town of Innisfil as Additional Insured;
Cross Liability/Severability of Interests Clause;
Contractual Liability;
Minimum thirty (30) days written notice of cancellation or non-renewal to the Town;

By clicking here, I confirm that I have read and understand, acknowledge and agree to the terms of insurance required by the provision above.

Patio Description

Gross Floor Area of Phase 2 Patio:		(square meters)
Proposed Occupancy:

Establishment Owner:
Phone Number
E-Mail Address

By clicking here, I confirm that I am the Owner of the Establishment.


Property Owner:
Phone Number
E-Mail Address

Limitation

The undersigned understands and acknowledges that the COVID-19 Emergency Patio Program permits the extension or construction of a Phase 2 Patio in accordance with provincial regulations and recommendations of public health officials is on a time limited basis during the period ending on the earlier of:

3:00 a.m. on January 1, 2021 (the date provided by the amendment to the Liquor License Act), or
the day upon which the Program ends by resolution of Council.

Notwithstanding the foregoing, the undersigned understands and acknowledges that the Town may order the removal of the Phase 2 Patio or any portion thereof in accordance with Town By-Law 033-20, Schedule V.

By clicking here, I confirm that I have read and understand the Limitations provided above.
By clicking here, I confirm that I acknowledge and agree that this Program is operated on a time limited basis, at the end of which my Patio will be removed

Undertakings

The undersigned undertakes to:

Comply with all relevant and applicable:
- provincial legislation, regulations and Orders, including but not limited to the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, the Building Code Act, 1992 S.O. 1992, c. 23, as amended, the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, the Liquor Licence Act, R.S.O. 1990, c. L.18, as amended, and the Liquor Control Act, R.S.O., 1990, c. L.19 and all Regulations and Codes established thereunder, including the Fire Code and the Building Code;
- the recommendations and Orders of the Provincial Medical Officer of Health and the Simcoe Muskoka District Health Unit;
- the By-Laws and Orders of the Town, including the Town By-Law 033-20, being the Town's Emergency Measures By-Law, and Town By-Law 07-93, being the Town's Drainage By-Law;
- the Guidelines attached hereto at Schedule A. `
Ensure that the COVID-19 Emergency Patio is removed and the property restored upon the earlier of:
- The completion of the Town's COVID-19 Emergency Patio Program;
- The issuance of an Order under Town By-Law 033-20.
Obtain the written consent of the owner of the privately-owned property permitting the proposed patio, in advance, a copy of which is to be maintained and provided to the Town upon request.
Permit access, as required for the purposes of inspection and enforcement, for Town, Fire and Health Unit Staff.

By clicking here, I confirm that I have read and understand, acknowledge and agree to the Undertakings provided above.

Guidelines

Location

Phase 2 Patios shall be wholly situate within the limits of privately-owned property, unless a Right of Way Activity Permit is obtained (insurance and indemnities provided) for patios on the Municipal Right of Way.
Phase 2 Patios shall abut the Establishment.
Phase 2 Patios shall NOT occupy any space in a parking lot reserved for accessible parking, unless alternative accessible parking is provided.
Phase 2 Patios shall NOT occupy any parking aisle or driveway.

Access

Phase 2 Patios shall NOT compromise barrier-free access to or from the patio entrances/exits, washrooms and/or designated barrier-free spaces.
Phase 2 Patios shall NOT compromise fire or emergency access or designated fire routes.
Phase 2 Patios shall NOT compromise access for City Staff, County Staff or utility companies who may need access for repair or maintenance of facilities, structures or otherwise, such as fire hydrants and connections, electricity elements, natural gas connections, trees/plants, pipes, cables, wires, poles, waste/recycle bins, etc.
Patio enclosure minimum limits: All hydrants offset: 1.5m; Gas assets or meters: 0.6m; Utility vaults: 1.5m.

Furnishings, Shelter and Other

Phase 2 Patios shall NOT contain fixed or permanent structures, furnishings, etc;
Phase 2 Patios shall only contain temporary shelter, such as umbrellas or shade screens, but shall NOT contain tents, roofs, etc.;
Dedicated waste receptacles are located within the patio footprint;
Phase 2 Patios shall NOT contain outdoor cooking facilities or meal preparation areas.

(*Platforms, walking surfaces, awnings or roofs will require the benefit of a building permit. )

Partitions

There must be demonstrated demarcation and sufficient control over the Phase 2 Patio by way of physical barriers, such as curb stops, etc. to ensure the safety of patrons from adjacent activities and to ensure compliance with Liquor Control requirements, if applicable.
Where fencing is used, same shall:

not be less than 1.07m in height;
Be weighted by footplates or stable mass planter boxes;
Shall not extend beyond the area of the Phase 2 Patio, or attached to trees, Town property or utilities, etc.

Occupancy and Capacity

The number of patrons is limited to a maximum of 50% of the design capacity of the indoor establishment subject to maintaining a minimum distance of two metres between patrons from different households;
For licensed patios, the capacity shall not exceed 1.11 square metres per person.

By clicking here, I confirm that I have read and understood , acknowledge and agree to the Guidelines provided above

By clicking here, I confirm that the information provided above is true.