POLICY REPORT
DEVELOPMENT AND BUILDING
Date: September 1, 1995
Dept. File No. PAJ
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Food Service Establishments -
Amendment re Restaurant Seating
RECOMMENDATION
A. THAT the Director of Planning be instructed to make
application to amend the definitions of "Restaurant - Class
1" and "Restaurant - Class 2" in the Zoning and Development
By-law, generally in accordance with Appendix A, to:
(i) specify that all types of seats (inside, outside, chairs,
stools, benches) are counted as seats; and
(ii) increase the minimum number of seats from nine to
seventeen;
FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary by-law;
AND FURTHER THAT the application and by-law be referred to a
Public Hearing, together with the recommendation of the
Director of Planning to approve the application.
B. THAT, subject to approval of A at Public Hearing, the Director
of Legal Services be instructed to bring forward the following
amendments to the License and Health By-laws, generally in
accordance with Appendix B, at time of enactment of the
amendments to the Zoning By-law:
(i) amendments to the definitions in the License and Health
By-laws to achieve consistency with the definitions of
restaurant in the Zoning and Development By-law; and
(ii) amendments to the Health By-law to require limited
service food establishments to provide a public washroom,
usable by staff (at present, they are required to provide
a staff washroom only).
C. THAT, subject to approval of A and B, the Building By-law be
interpreted to permit limited service food establishments to
be considered a Group E occupancy in determining washroom
requirements.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A,
B and C.
COUNCIL POLICY
Council policy on establishments selling prepared food for consumption
on the premises is reflected in the regulations of the Zoning and
Development, License, Parking, Health and Building By-laws. These
include:
- Zoning and license definitions which exclude retail and other
establishments with less than nine inside seats for the consumption
of prepared food from the regulations which apply to restaurants;
- Parking regulations which, in general, outside the Downtown
District, require more parking for restaurants than retail uses;
- Health regulations which require staff and public washrooms based
on the number of staff, and the total number of inside and outside
seats provided for customers for the consumption of food;
- Building regulations which require washrooms based on number of
persons (occupancy).
SUMMARY
Staff have reviewed the various policies and regulations which apply to
food service establishments. There is an inconsistency in how seats are
counted for the purpose of determining when an establishment becomes a
restaurant. Staff recommend that the Health Department policy of
counting all seats, whether chairs, stools, benches, or inside or
outside seats, be adopted, rather than the Planning and Permits and
Licenses policy of counting only inside chairs. Staff have also
considered increasing the maximum number of seats that a food service
establishment can have before it becomes a restaurant. RECOMMENDATIONS
A and B would specify how
seats are counted in relevant definitions in the Zoning and Development,
License and Health By-laws and would increase the current threshold of
nine seats, at which point an establishment becomes a restaurant, to
seventeen seats. However, the seventeen seats would include all seats.
There is also an inconsistency in how washroom requirements are applied.
Although the Health By-law requires two public washrooms for any food
service establishment with seats for customers, staff currently do not
require a public washroom until a food service establishment has nine or
more seats. Only a staff washroom is required for establishments with
less than nine seats. RECOMMENDATION B (ii) would incorporate the
requirement for only one washroom in the Health By-law, but would
require the washroom to be for public use. RECOMMENDATION C would
clarify washroom requirements in the Building By-law.
If Council approves A, B and C, only one washroom would be required for
food service establishments with less than seventeen seats, and a food
service establishment would not become a restaurant until it has at
least seventeen seats.
PURPOSE
This report responds to the following Council directives:
- That staff report on amending the Zoning By-law to allow an
increase in the number of inside seats permitted for
restaurant/cafes, and that enforcement of the current by-law be
withheld until receipt of the report (November 5, 1993); and
- That staff report on conflicting requirements between the Zoning
and Health By-laws with respect to food service establishments (May
2, 1995).
BACKGROUND
In 1993, the Robson Street Business Association expressed concern to
staff and Council about enforcement of the City's regulations which
require additional washrooms and parking if an establishment selling
prepared food has more than eight inside seats. The Association asked
that the by-laws be amended to allow up to sixteen inside seats before
higher washroom and parking standards are applied.
Current Regulations and Policies
The Zoning and Development By-law defines "Restaurant-Class 1" and
"Restaurant-Class 2" as "the use of premises for the sale of prepared
food to the public where at least nine seats are provided for customers
...". (Class 1 and Class 2 restaurants differ in the amount and type of
entertainment and dancing they are permitted to provide.) The By-law
does not specify the type of seats but staff administrative policy, for
the purpose of development and building permit approval, and licensing,
is to exclude outside seats and counter or bar stools from this number.
For the purpose of calculating washroom requirements, however, Health
Department staff count all types of seats.
There are a number of implications of this definition and staff
administrative policies:
- Take-out establishments, coffee bars, delicatessens, bakeries,
clothing stores, fitness centres, etc. can sell prepared food
without need for development permit approval or license for
restaurant use if less than nine inside seats are provided. The
License By-law classifies and defines the prepared food component
of such establishments as "Limited Service Food Establishments",
and this term is used to describe them in this report.
- Limited service food establishments are classified as a retail use
for zoning purposes. In three zoning districts (C-2B, C-2C, C-
2C1), these establishments are outright approval uses, whereas
restaurants are conditional approval uses.
- As retail uses, limited service food establishments are required to
provide less parking in most areas of the city than restaurants.
(For example, a 300 m› retail use/limited service food
establishment would be required to provide three parking spaces in
a C-2 District, whereas a restaurant of the same size would be
required to provide 22 parking spaces.)
- Limited service food establishments with eight inside seats and no
outside seats are not required to provide any public washrooms;
however the required staff washroom is expected to be accessible to
the public in emergencies. When an establishment exceeds eight
seats, whether it is a limited service food establishment (eight
inside and some outside seats) or a restaurant (more than eight
inside seats), an additional washroom is required.
- Limited service food establishments can be fairly large because
outside seats, on private property, and counter and bar seats are
not included in the eight seat maximum. (Counter and bar seats may
be included if staff consider their number to be excessive.)
- Limited service food establishments pay a lower license fee ($279)
than restaurants ($403).
- Limited service food establishments are not permitted to serve
liquor because restaurant use approval is required before staff
will support a liquor license application.
In summary, the above regulations and policies allow limited service
food establishments to pay a lower annual license fee, provide fewer
washrooms, and, in some districts, to provide less parking and be
processed an as outright rather than a conditional approval use. They
cannot, however, obtain a liquor license.
DISCUSSION
Council has asked staff to report on conflicting requirements between
the Zoning and Health By-laws with respect to food service
establishments.
Council has also asked staff to report on allowing an increase in the
number of inside seats that an establishment can have before it is
subject to the higher washroom and parking standards applicable to
restaurants. The Robson Street Business Association has requested that
the number be increased from eight to sixteen seats. The Vancouver
Branch of the Restaurant and Food Services Association is opposed to an
increase in the eight seat maximum.
Conflicting Requirements
The requirements are not technically conflicting since the Zoning and
Health By-laws regulate different things. However, whether or not
Council decides to change the number of inside seats permitted for a
limited service food establishment, staff recommend a number of by-law
and policy amendments to achieve greater consistency in how the various
regulations are applied. These include:
- An amendment to the definitions in the Zoning, License and Health
By-laws to stipulate the minimum number of seats that a restaurant
must have and the type of seats included. Staff recommend that all
seats be included (i.e., inside and outside, chairs, stools,
benches, etc.). This would achieve consistency with respect to
seating in how the various By-laws
are applied to food service establishments. (The Parking and
Building By-laws do not need amending since they rely on the Zoning
By-law definitions.)
- An amendment to the Health By-law regulations to reflect the lower
washroom standard that staff now apply to limited service food
establishments, but to require that the one washroom provided be a
public washroom, usable by staff, rather than a staff washroom
only.
- An addition to the interpretations of the Building By-law to permit
limited service food establishments to be considered a Group E
occupancy for the purpose of determining washroom requirements.
The main impact of the above changes would be on limited food service
establishments that have stools, benches or outside patio seats in
addition to their inside seats. If the number of seats permitted for a
limited service food establishment is not increased, these
establishments would become restaurants by virtue of having more than
eight seats in total.
There would also be a change to the washroom standards for limited
service food establishments since the Health By-law does not allow
access to public washrooms through the food preparation area. This
means that all new limited service food establishments will be required
to have a washroom that it is accessible from a public hallway, as is
the case for restaurants. The proposed amendment to the Health By-law
would also require the food preparation area to have a handbasin for
food handler use.
If Council adopts the proposed amendments to the Health By-law, existing
limited service food establishments which only have a staff washroom
accessible through the food preparation area would be grandfathered.
Health Department staff would prefer to discourage its use by the
public, except in emergencies.
There would be a relatively small impact on parking requirements.
Parking standards for restaurants significantly exceed retail standards
only when an establishment is greater than 100 m›, and since outside
seating is not counted in floor area, additional parking is not required
for outside seating.
Increasing Number of Seats
In considering whether the number of seats should be increased before an
establishment is considered a restaurant, staff contacted adjacent
municipalities to ascertain how they classify and regulate food service
establishments. Unfortunately, there is little consistency in
treatment. Some municipalities apply higher standards once an
establishment has one seat, some apply the same standards regardless of
number of seats, some only allow outside seats if inside seats are
reduced accordingly, or limit outside seats to a percentage of inside
seats. Most that use a seat standard count outside seats, though not
always sidewalk seats. In short, there is no standard in use by another
municipality that seems suitable for Vancouver. No other municipality
presently applies different regulations at nine seats, though two do at
eleven seats.
Staff have found it difficult to determine the appropriate point to
trigger higher washroom and parking requirements. Staff are comfortable
with the present limit of eight seats, because it represents a very
small scale food service establishment, and in practise allows for more
than eight seats due to the extreme difficulty in enforcing the exact
number of seats on any given day.
However, staff also recognize the trend to an increasing number of
coffee houses, delicatessens and other food service establishments which
provide a variety of food and beverages for relatively quick consumption
on the premises, if the customer so desires. Staff also acknowledge the
lively element these establishments add to streets and shopping areas.
To the extent that washroom requirements impede these establishments,
due to the cost of providing and maintaining the facilities, and the
amount of non-revenue-producing floor area required for them, there is
an argument for allowing a greater number of seats than eight before
higher standards apply. Staff feel that up to sixteen seats is
reasonable based on the number of people that one washroom can serve and
provided that all seats are counted. Beyond sixteen, staff feel that
higher washroom and parking standards should apply. Approximately two
parking spaces are foregone if the number is increased from eight to
sixteen.
If Council decides to increase the number to sixteen, the following
washroom standards would apply:
Number of Seats Number of Water Closets/Washrooms (See Note)
0-16 1 (public, available for staff)
17-25 2* (1 male & 1 female public, available for staff)
26-50 3* (1 male & 1 female public & 1 staff**)
51-100 5* (2 male & 2 female public, & 1 staff**)
* No change from present standard.
** Separate male and female required if staff exceeds 6; additional
staff washrooms required if staff exceeds 20.
Note: Number of washrooms equals number of water closets (toilets)
for 50 and under seating capacity. Over 50 seating capacity
or over 100 staff, the number of water closets required
exceeds the number of washrooms and hand basins. (i.e., one
washroom could contain four water closets and two handbasins).
Prior to drafting this report, staff discussed the idea of increasing
the number of seats that a limited service food establishment can have
before it becomes a restaurant with the President of the Vancouver
Branch of the B.C. and Yukon Restaurant and Food Services Association.
The Association feels that any establishment selling prepared food for
consumption on the premises is a restaurant, and is therefore opposed to
any increase in seating capacity which would allow establishments to
operate as restaurants without being classified as restaurants for the
purpose of regulation. The Association is concerned about
establishments being treated equally, and with non-customer use of
restaurant washrooms, due to a lack of public washrooms in most areas
of the city. Staff agree this is a legitimate concern. The proposed
requirement of a public washroom for limited service food establishments
should alleviate some of this concern.
Council should be aware, however, that most complaints that staff
receive on food service establishments are about noise, with outside
seating being a particular problem. If Council increases the number of
seats to sixteen before restaurant approval is required, there will
likely be an increase in food service establishments with nine to
sixteen seats. This may result in a greater number of complaints and
conflicts with residential uses.
Some mixed-use strata-title developments do not allow restaurant use as
part of the strata corporation's regulations. If the City allows more
retail uses to operate as restaurants, without being classified as
restaurant, there could be some concerns from adjacent residents.
However, staff note that many establishments already have sixteen or
more seats, without restaurant approval, because present policy does not
include stools and outside patio seats, and because enforcement action
has been withheld for almost two years. Consequently, the impact of the
increase should not be significant.
It is difficult for staff to determine how many seats limited service
food establishments will actually have if Council increases the maximum
number to sixteen. Staff suspect the current limit of eight results in
some establishments having ten to fourteen seats, or even more. If the
number is increased to sixteen, there will undoubtedly be abuses of this
limit also. While staff will resume enforcement action once Council has
acted on this report, infractions of the seating limit will be a
continuing problem.
At present, limited service food establishments cannot obtain a liquor
license. Staff believe this policy should generally remain in effect.
However, staff would be prepared to consider a liquor license
application for a limited service food establishment, providing it met
the Health and Building By-law regulations for restaurants.
CONCLUSION
Staff have reviewed the washroom and other requirements for food service
establishments and have put forward recommendations to improve
consistency in the application of regulations, and to increase the
seating capacity of limited service food establishments.
* * * APPENDIX A
PROPOSED AMENDMENTS TO ZONING AND DEVELOPMENT BY-LAW DEFINITIONS
(RELATED TO RECOMMENDATION A)
Underlining indicates amendment/addition
Restaurant - Class 1, which means the use of premises for the sale of
prepared food to the public where at least seventeen seats of any kind,
including chairs, stools and seats on benches, whether inside or
outside, are provided for customers consuming food purchased in the
establishment, where any live entertainment is provided by no more than
two persons, and where there is no dancing by customers and no use of
any amplified musical instrument, but does not include Drive-in
Restaurant or Drive-through Service;
Restaurant - Class 2, which means the use of premises for the sale of
prepared food to the public where at least seventeen seats of any kind,
including chairs, stools and seats on benches, whether inside or
outside, are provided for customers consuming food purchased in the
establishment, and where live entertainment is provided by three or more
persons, or where there is dancing by customers or the use of any
amplified musical instrument, but does not include Drive-in Restaurant
or Drive-through Service;
APPENDIX B
Page 1 of 2
PROPOSED AMENDMENTS TO LICENSE AND HEALTH BY-LAWS
(RELATED TO RECOMMENDATION B)
Underlining indicates amendment/addition
LICENSE BY-LAW
Definitions
"Limited Service Food Establishment" means any premises where food that
is not prepackaged is prepared and served, and where no more than
sixteen seats of any kind, including chairs, stools and seats on
benches, whether inside or outside, are provided for customers consuming
food purchased in the establishment.
Restaurant means, without a qualifier, both a Restaurant - Class 1 and a
Restaurant - Class 2.
Restaurant - Class 1 means any premises used for the sale of prepared
food to the public where at least seventeen seats of any kind, including
chairs, stools and seats on benches, whether inside or outside, are
provided for customers consuming food purchased in the establishment,
where any live entertainment is provided by no more than two persons,
and where there is no dancing by customers and no use of any amplified
musical instrument.
Restaurant - Class 2 means any premises used for the sale of prepared
food to the public where at least seventeen seats of any kind, including
chairs, stools and seats on benches, whether inside or outside, are
provided for customers consuming food purchased in the establishment,
and where live entertainment is provided by three or more persons, or
where there is dancing by customers or the use of any amplified musical
instrument.
HEALTH BY-LAW
Definitions
"Limited Service Food Establishment" means any premises where food that
is not prepackaged is prepared and served, and where no more than
sixteen seats of any kind, including chairs, stools and seats on
benches, whether inside or outside, are provided for customers consuming
food purchased in the establishment.
"Restaurant" means any premises used for the sale of prepared food to
the public where at least seventeen seats of any kind, including chairs,
stools and seats on benches, whether inside or outside, are provided for
customers consuming food purchased in the establishment. APPENDIX B
Page 2 of 2
Regulations
4-35A Notwithstanding Section 4.33, any limited service food
establishment shall be permitted to operate with a public washroom only,
provided that a handbasin for the use of food handlers is located within
the food preparation area.