SUPPORTS ITEM NO. 3
CS&B COMMITTEE AGENDA
OCTOBER 26, 1995
POLICY REPORT
LICENSING
Date: October 5, 1995
TO: Standing Committee on City Services and Budgets
FROM: General Manager of Engineering Services
SUBJECT: Sidewalk Cafe Review
RECOMMENDATION
A. THAT large sidewalk cafes continue to remove their railings
in the winter from October 31st to March 1st, except where
grade problems would preclude a small cafe operation. In
these cases, a small cafe with a platform and railings could
be permitted.
B. THAT sidewalk cafe permits continue to be issued to
restaurants and limited service food establishments only.
C. THAT Sidewalk Cafe guidelines (Appendix A) be amended so
that all sidewalk cafes within 200 feet of residential
development have mandatory closing hours of 11:00 p.m., with
earlier hours being instituted at the discretion of the City
Engineer.
D. THAT Large Sidewalk Cafe guidelines (Appendix A) be amended
to permit structures (to a maximum height of 2 feet above
the sidewalk) to harmonize indoor and outdoor seating
levels.
E. THAT the temporary 6 month EA I position approved for the
Sidewalk Cafe program be continued and combined with the
annual temporary 6 month position responsible for the
Produce Display program to create a regular full-time EA I
position. The cost of this position will be recovered
through revenue from the programs.
CONSIDERATION
F. THAT staff advise the Liquor Control and Licensing Branch
(LCLB) that the City supports a change to provincial
regulations to allow small sidewalk cafes without railings
to serve alcoholic beverages with food and to change the
Small Sidewalk Cafe guidelines (Appendix A) accordingly.
COUNCIL POLICY
Council has authorized the City Engineer to approve sidewalk cafes on
City streets to add interest to the sidewalk and to provide a service
to customers and the business community. Guidelines for this process
were most recently amended on February 3, 1994 when Council approved
the recommendations of the "Sidewalk Cafes - Proposed Changes to
Administration and Guidelines" report (Appendix B).
Council adopted the Central Area Pedestrian Weather Protection policy
in 1978 and amended it most recently on November 9, 1993. It
encourages awnings and other protective elements, which provide a
supportive environment for window shopping and other active pedestrian
street uses, enhance the appearance of pedestrian oriented shopping
area, and improve the economic viability of such areas.
On February 18, 1993, Council approved the Yaletown report, which
stated that the historical nature of Yaletown should be preserved and
included "Yaletown Dock Guidelines" specifying that sidewalk cafe by-
laws must be adhered to in this area.
SUMMARY
This report reviews minor issues within the City's successful sidewalk
cafe program and recommends revised guidelines regarding year-round
opening. The new guidelines would allow establishments to maintain a
year-round small cafe with platform and railings if the structure is
necessary to level grade differences in the sidewalk.
The feasibility of allowing pub patios on City streets was reviewed.
Based on past experience, staff anticipate that sidewalk seating for
liquor only service would lead to complaints of noise and rowdy
behaviour, which would erode public support for the program as a
whole. Therefore it is recommended to continue to restrict the
program to food service establishments only.
It is put forward for Council's consideration that the City inform the
Province that Council supports amending provincial regulations to
allow restaurants to serve alcoholic beverages at small sidewalk cafes
without requiring railings. This would also allow large sidewalk cafe
operators who serve alcohol to continue operations through the winter
season.
The increasing popularity of the Sidewalk Cafe program has led to more
conflicts between operators and residents in mixed use areas.
This report advises Council that staff recommend implementing
restrictive closing hours on sidewalk cafe operations in areas where
there are residential uses.
Due to the over 80% increase in the number of businesses in the
Sidewalk Cafe program and the continuing growth in this and other
street activity programs the previously approved 6 month temporary
Engineering Assistant (EA) I position should be continued and merged
with the 6 month temporary EA I position responsible for the Produce
Display program. This creates a permanent EA I position with salary
recovered through sidewalk cafe and produce display revenues.
PURPOSE
This report reviews the Sidewalk Cafe Program and addresses the issue
of year-round operation for sidewalk cafes; permitting pubs to have
sidewalk cafe permits; closing hours; and guideline changes related to
cafe structures.
BACKGROUND
On February 16, 1995, Council requested a report back on the
feasibility of amending the Sidewalk Cafe program guidelines to allow
an expanded year-round operation of sidewalk cafes.
The City's sidewalk cafe program is very successful in providing a
service for both the public and restaurant businesses. Sidewalk cafes
add interest, variety and attraction to the streetscape; they increase
business and exposure for restaurants and cafes. Allowing these uses
optimizes sidewalk use.
City regulations allow for two types of sidewalk cafes:
1. A large sidewalk cafe that operates with railings from March 1 to
October 31, and which may operate as a small sidewalk cafe from
November 1 to the end of February.
2. A small sidewalk cafe of up to 3 tables and 6 chairs, which does
not have railings and can operate year-round.
Currently,there are122 large sidewalkcafes and 62small sidewalk cafes.
DISCUSSION
In June 1995, cafe operators were surveyed regarding year-round use
and other issues. Their responses are tabulated as Appendix C.
The Sidewalk Cafe review and survey identified a number of issues.
A. Year-Round Sidewalk Cafe Operation
An extended season has been requested by several of the large
cafe operators who wish to take advantage of fair weather days in
the winter months.
On February 3, 1994, Council expanded the sidewalk cafe season
from 7 months to 8 months (now March 1st - October 31st).
Council also approved the small sidewalk cafe program, which
permits operators to have up to 3 tables and 6 chairs (with no
railing) on City sidewalk year-round. Large Sidewalk Cafe permit
holders have access to this program (at no additional charge) so
that they may operate year-round but they must remove their
railings (and any other structures) from October 31 to the end of
February.
For several operators, operating in the winter as a small cafe
program does not work because
- a platform (which requires a railing for safety) may be
required because of grade problems;
- railings are desired to better control the outdoor space and
to provide customer comfort; and
- a liquor license cannot be obtained for the sidewalk cafe
unless the cafe has railings.
Other cafe owners do not want to operate their cafe in the winter
but wish to leave the railings up because of the costs of removal
and storage of the railings and furniture.
Staff have evaluated the option of permitting year round large
operations. The following is a list of the pros and cons.
Positives
- increases profile for restaurant (off-set by appearance if
not actively used);
- reduces costs for cafes as no removal/storage costs
(possibly off-set by charges for sidewalk use);
- allows liquor service;
- corrects grade problems with platforms (small cafes cannot
currently); and
- gives more control of the outdoor space to restaurant
operators.
Negatives
- reduced demand for and use of in winter;
- non-operation/storage of railings/furniture in winter;
- storage space collects litter;
- reduced sidewalk area for pedestrians;
- pedestrians cannot take advantage of awning protection;
- prevention of pedestrian window shopping for adjacent
businesses;
- potential pedestrian hazard if not in use;
- increased fees to reflect increased use of sidewalk;
- need to further review parking and other development
impacts;
- increased pressure to allow structures on sidewalk to
provide weather protection;
- more permanent fixtures make access for utility and street
works more difficult; and
- legal concerns regarding permanent loss of street area.
After considering pros and cons staff recommend several changes
to make small winter cafes more possible for all operations.
However, the continuation of large sidewalk cafes year-round is
not recommended.
Grade Levelling
Some restaurants that do wish to actively operate year round
cannot because of grade problems. Therefore, it is recommended
that these be allowed to operate as a small sidewalk cafe with a
platform and railings year round.
Liquor at Small Sidewalk Cafes
Small sidewalk cafes cannot serve alcohol with food because
provincial regulations require railings for liquor service;
however, some of these establishments would like to provide this
service to their customers. Therefore, staff puts forward for
Council's consideration that the City advise the Liquor Control
and Licensing Branch of support for a change to allow small
sidewalk cafes without railings to serve alcoholic beverages with
food. This will also allow large sidewalk cafe operators who
serve alcohol to continue their full operations as a small
sidewalk cafe during the winter season.
The Chief Constable does not support this change.
B. Pub Patios on Sidewalks
Current-Council approved guidelines only allow food service
establishments to have sidewalk cafe permits. Recently, there
have been requests from establishments licensed to sell liquor
without food service.
Due to concerns regarding noise levels and the increased
possibility of rowdy behaviour, the consumption of alcohol
without associated dining has not been seen as a desirable
addition to the streetscape and therefore City policy has not
permitted such seating on the sidewalk.
These possibilities remain serious concerns, especially where
commercial and residential uses co-exist. Staff have noted that
most noise complaints are directed at establishments that,
although licensed as restaurants, have operations that resemble
"pubs."
Therefore, it is recommended that sidewalk cafes remain
restricted to food service establishments only. This
recommendation is supported by the Chief Constable.
C. Closing Times
The Police have informed us that they are called upon to resolve
noise complaints which generally are disruptive to the
neighbourhood without exceeding the proscribed decibel level
necessary for enforcement by the Health Department. In the past,
imposing closing hours based on residential complaints has been
the only method of regulating noise levels in sidewalk cafes.
When complaints indicate that a closing time needs to be imposed,
an appropriate time is set for all sidewalk cafes in the
immediate vicinity. This has been necessary only in
neighbourhoods that have mixed commercial and residential uses.
For instance, closing hours of 11 pm Sunday to Thursday and 12
midnight on Friday and Saturday are in effect for the Yew Street
area sidewalk cafes.
Imposing closing times on a complaint basis allows flexibility
and ensures that limitations are not imposed where no problem has
been identified by the neighbouring community.
However, imposing restrictions on only select sidewalk cafes can
create resentment and charges that staff is forcing an
establishment to be less competitive. There seems to be a trend
towards later openings and there is some feeling that mandatory
closing hours restrict business unnecessarily. Selective
restrictions are also more difficult for LCLB inspectors and
Police to enforce.
One proactive solution, which would reduce significant
competitive differences, the onus on residents to complain, and
enforcement difficulties, would be to mandate base closing hours
of 11:00 p.m. for all sidewalk cafes that are within 200 feet of
residential development.
In the Large Sidewalk Cafe survey, many responded that this was a
"neighbourly" hour and would also satisfy their customers.
It should be noted that Health Department staff originally
suggested a 10:00 p.m. closing to forestall further conflicts,
while the Chief Constable suggested 10:00 p.m. Sunday to Thursday
and midnight Friday and Saturday. However, staff agree that an
11:00 p.m. closing each day would be satisfactory, provided that
earlier hours are individually set where necessary, and that
closing times appear on the permit for the sidewalk cafe. Staff
recommends this option for Council's approval.
D. Sidewalk Cafe Structures
All sidewalk cafes in the "Large Sidewalk Cafe" program are
required to have a demarcation that separates the sidewalk cafe
from pedestrians. Currently, decking or any raised structure is
permitted only where there is a significant difference in grade
(slope) in the sidewalk from one part of the sidewalk cafe area
to another.
Many sidewalk cafe operators have requested (and some have
installed, without approval) decking for other reasons. These
vary from physical reasons (e.g. to harmonize indoor and outdoor
seating levels) to aesthetic or economic reasons (e.g. to attract
increased public attention to the restaurant). In the survey of
sidewalk cafe operators, 84% responded that they would like to
install decking at their own discretion.
The presence of a deck alters the relation of the sidewalk cafe
to the sidewalk and pedestrians. If the only separation between
pedestrians and patrons is an open railing, the sidewalk cafe
seems to be an integral part of the streetscape. If a deck is
present or if the railing structure is visually closed, the
sidewalk cafe seems removed from the sidewalk. If the deck is
raised significantly, then the restaurant patrons can seem
imposing to pedestrians. This detracts from the ambience
originally intended for the Sidewalk Cafe program.
It has also been noted by staff that once a structure has been
erected, it is difficult to achieve its removal.
Therefore, it is recommended that the guidelines be extended only
to allow decking to harmonize indoor and outdoor seating levels
(not more than 2 feet above the sidewalk level), in addition to
decking for grade levelling purposes, and not for any other
purpose.
STAFFING LEVELS
On February 3, 1994, Council approved a six months temporary EA I
position for implementation of the new program. The program has grown
approximately 80% since that time.
The large sidewalk cafe program has grown by 20% and the small
sidewalk cafe program has increased by 50% (to 62 cafes) in its second
year of operation (1995). If these programs are to run effectively,
it is necessary to bring new cafes into the program, assure timely
approvals for new applicants, and ensure that Council's guidelines are
followed. This requires the 6 month EA I position annually.
Due to the continuing growth in this and other street activity
programs, staffing levels should be rationalized by linking this
position to the 6 month temporary EA I position in the Produce Display
program, which has been approved annually since 1988. This creates a
permanent EA I position at a salary of approximately $27,200, which
will be recovered through sidewalk cafe and produce display revenues.
Sidewalk Cafe fees were restructured on February 3, 1994; this
restructuring, plus growth in the program led to an increase from
$59,400 (1993) to $91,800 (1994). Revenues for 1995 are estimated to
rise to $125,000. The Produce Display program revenue is
approximately $30,000 annually.
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APPENDIX A
GUIDELINES FOR
SIDEWALK CAFES (SMALL)
* Changes from previous guidelines are underlined.
Each approved sidewalk cafe shall:
1. directly abut the restaurant so patrons and servers do not cross
the flow of sidewalk pedestrian traffic.
2. be adjacent to the restaurant's property (frontage or flankage).
3. have minimum sidewalk width of 3.0 m (10 ft.) or a minimum
sidewalk width of 3.7 m (12 ft.) if there are curbside
obstructions, e.g., lamp standards, signs, etc.
4. have a mandatory closing hour of 11:00 p.m. if they are in or
within 200 feet of areas that have residential uses.
5. not block access to Fire Department connections or exits from the
adjacent building.
6. carry insurance satisfactory to the Director of Risk Management.
7. have no more than 3 tables, which may be a maximum of 20" wide,
with 2 seats per table placed flush against the building and
taken in when closed; no umbrellas are permitted.
8. not serve liquor. (REMOVE)
9. have a valid business license as a restaurant or a limited
service food establishment.
10. pay an annual permit fee of $200.00, $50.00 of which is to be
paid upon application and is non-refundable.
PLEASE NOTE: Inspections of the site may be carried out by the
Engineering Department before, after, and during the
sidewalk cafe operations. However, the City is under
no obligation to perform such inspections and these
inspections in no way relieve the applicant from the
obligation to comply with these guidelines and the
terms of the Sidewalk Cafe Permit.
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GUIDELINES FOR
SIDEWALK CAFES (LARGE)
* Changes from previous guidelines are underlined.
The guidelines for sidewalk cafe design are quite general to encourage
a variety of looks by restaurant owners. Each approved sidewalk cafe
shall:
1. directly abut the restaurant so patrons and servers do not cross
the flow of sidewalk pedestrian traffic.
2. be adjacent to the restaurant's property (frontage or flankage).
3. leave sufficient unobstructed sidewalk width for the comfortable
passage of pedestrians. This will be a minimum of 2.5 m (8 ft.)
in most commercial areas, and up to 3.7 m (12 ft.) or more in
areas of high pedestrian volumes such as near intersections. To
maintain the spacious heritage nature of Yaletown a 3.0 m (10
ft.) width will be maintained.
4. have a mandatory closing hour of 11:00 p.m. if they are in or
within 200 feet of areas that have residential uses.
5. not block access to Fire Department connections or exits from the
adjacent building.
6. carry insurance satisfactory to the Director of Risk Management.
7. be marked off by means of planters or railings that have an
'OPEN' appearance. Bollard and chain fencing is not permitted as
it poses a hazard to pedestrians with a visual disability. The
maximum height allowed is 1 metre (40") and the minimum is .75 m
(30"). The use of plants is encouraged.
8. be constructed so that it can be completely removed within 24
hours if required. Platforms and structures are permitted only
to level a significant grade difference in the sidewalk or to
harmonize indoor and outdoor seating levels.
9. have some covering for the general seating area. Umbrellas or
canopies may be used; however, if a canopy is used, it may NOT
use supports which rest on City street allowance; umbrellas may
not be attached to railings.
10. not be installed earlier than March 1st and must be removed from
the City street allowance by October 31st each year; 3 tables and
up to 6 seats can be used year round, in accordance with the
guidelines for small sidewalk cafes.
11. have a valid business license as a restaurant or a limited
service food establishment.
12. obtain a liquor license extension if liquor is to be served in
the sidewalk cafe.
13. enter into a license agreement with the City.
14. pay an annual permit fee based on location and square footage,
$100 of which is to be paid upon application and is non-
refundable (semi-annual payment allowed due March 1st and July
1st).
PLEASE NOTE: Inspections of the site may be carried out by the
Engineering Department before, after, and during the
sidewalk cafe operations. However, the City is under no
obligation to perform such inspections and these
inspections in no way relieve the applicant from the
obligation to comply with these guidelines and the terms
of the Sidewalk Cafe Permit.
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APPENDIX B
CITY OF VANCOUVER
M E M O R A N D U M
From: Maria Kinsella, City Clerk Date: 4th February, 1994
Refer File: 2635
To: Ken Dobell, City Manager
Dave Rudberg, City Engineer
Victoria Garland, Director of Housing & Properties
Ken Stoke, Director of Finance
Jack Perri, Director of Permits & Licenses
John Mulberry, Director of Legal Services
Subject: SIDEWALK CAFES - PROPOSED CHANGES
TO ADMINISTRATION AND GUIDELINES
Please be advised that on February 3, 1994, City Council approved the
following recommendations of the City Services & Budgets Committee,
with regard to the above matter:
A. THAT the City Engineer expand the sidewalk cafe program to
permit small cafes, without railings, on a year-round basis.
B. THAT program administration be streamlined with the City
Engineer assuming responsibility to administer the permit
charges for all approved sidewalk cafes.
C. THAT a revised fee schedule, as shown on Appendix B of the
Policy Report dated December 31, 1993, be approved. This
includes the option of a semi-annual payment and a 1/2 year
option at 1/2 fee (min. $200.00).
D. THAT the revised Sidewalk Cafe Guidelines, contained in
Appendix A of the Policy Report dated December 31, 1993, be
approved, with the following amendment: small sidewalk cafes
be allowed to have a maximum of three tables and six seats,
where the restaurant's frontage allows.
E. THAT a temporary full-time EA 1 position be approved for 6
months in 1994 with a review prior to 1995 to assist in
administering the Sidewalk Cafe program at a cost of $15,800
to be recovered through increased revenue from the program.
F. THAT the City Engineer meet with community-minded sidewalk
cafe operators to explore the possibility of their assuming
responsibility for sidewalk litter generated by their patrons
by:
- purchasing City litter containers, and
- arranging for pick up and disposal of the litter.
CITY CLERK
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APPENDIX C
SIDEWALK CAFE SURVEY
- 25 Responses (21%)
- 120 Mailed
SERVICE FROM CITY STAFF
1. How can City staff improve our service to you?
CITY SERVICE
Good Service 6
Other Comments: Needs improvement
Sidewalk cleaning
Restrict program to restaurants not Limit food
service
Shorten processing time
Allow year-round
Departments should focus on their own concerns
One Department should deal with all outside
issues
No Response 13
TIME OF YEAR RESTRICTIONS
The following questions ask you how you would like to use
your sidewalk cafe area if year-round use was permitted.
Currently, the full sidewalk cafe is permitted from March 1st
to October 31st, after which all structures and railings must
be removed from the sidewalk, and only 3 tables and 6 chairs
are allowed.
Yes No
2. Would you like to keep your sidewalk cafe
fully operational (for all twelve months?) 21 4
3. If so, how will you make the sidewalk cafe attractive to
customers during the cold and rainy months of the year?
SUGGESTED WINTER IMPROVEMENTS
Method No. of Respondents
Heaters 12
Awnings 6
Flowers 6
Enclosure 4
Decor 4
Umbrellas 3
Drapes 1
Trees 1
Clean and Dry 1
4. If not, would you prefer to:
Yes No
a) leave the sidewalk cafe railings and/or
decks set up for all twelve months and
operate fully only during (part of) the
current base period (Mar. - Nov.)? 3 1
b) operate also whenever it was sunny between
November and March? 4 0
c) operate also on weekends for the colder
months? 3 1
d) store sidewalk cafe furniture in this space
during months when the cafe is not in use.? 2 2
e) remove everything between October 31st and
March 1st? 0 4
HOURS OF OPERATION
Sometimes the needs of neighbours and customers differ; the
operator and the City must consider both.
5. What hours of operation do you think would be
neighbourly?
From_______ to________ Sun. - Thurs.;
from_______ to________ Fri. - Sat.
6. What hours of operation would your customers prefer?
From_______ to________ Sun. - Thurs.;
from_______ to________ Fri. - Sat.
SUGGESTED CLOSING TIMES
No. of Respondents
Neighbourly Customers Prefer
Hours Sun. - Fri. - Sun. - Fri. -
Thurs. Sat. Thurs. Sat.
9:00 p.m.
10:00 p.m. 11 3 7 1
11:00 p.m. 6 7 1 3
12 Midnight 3 7 8 8
1:00 a.m. 2 4 5 5
2:00 a.m. 0 1 0 4
3:00 a.m. 1 1 1 1
Later 0 0 1 1
LIQUOR RESTRICTIONS
Yes No
7. Would you be interested in serving liquor
in the sidewalk cafe? 10 4
8. Would you like to be able to serve liquor
without being required to install a railing? 4 16
PERMIT FEES
Yes No
9. Would you like decking to be permitted:
a) only to compensate for a slope in the
sidewalk? 5 11
b) also to compensate for a difference
between the floor level of the restaurant
inside and the sidewalk level outside? 12 7
c) also to compensate for a badly cracked
sidewalk surface? 13 6
d) at the operator's discretion, provided that
the installation meets City guidelines? 21 4
CAFE DESIGN - DECKING
Yes No
10. Should cafe operators who wish to have
full-time use of the sidewalk pay a
different rate than those who vacate
the sidewalk for part of the year? 13 12
11. What charge would be appropriate for
year-round use?
WINTER CHARGES
No. of
Suggested Charge Respondents
Current Charge
(No Extra Charge) 5
Current Charge Plus 50% 7
Other 3
No Response 7
Yes No
12. Should operators pay market rate for the
square footage of the sidewalk cafe? 5 19
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