Temporary Outdoor Patio Program

Temporary Outdoor Patios shall:

• Be permitted within BIAs, certain municipal property and on private property.
• Be available to cafes, restaurants, bars and other businesses provided the intended use is for gathering space only (no retail allowed on outdoor patios).
• Comply with all applicable City of Hamilton By-laws.
• If applicable under the City of Hamilton Licensing By-law 07-170, hold a valid municipal business license
• Adhere to all applicable public health requirements.
• Permit alcohol service or consumption of alcohol with Alcohol and Gaming Commission of Ontario (AGCO) and City of Hamilton approval.
• if a liquor licensed establishment, obtain approval of the patio from the City of Hamilton through the Temporary Outdoor Patio Program to allow extension of the valid indoor liquor license outward and must notify the Alcohol and Gaming Commission of Ontario of the approval. Duration of the approval, and any applicable conditions, are to be made through upload of documentation to the applicant’s personal iAGCO portal.
• Under the Liquor Licence and Control Act, 2019 O. Reg 746/2, ensure the capacity of the area to which the extension would apply allows for at least 1.11 square metres per person and demonstrate sufficient control over the area to which the extension would apply
• Provide proof of commercial general liability insurance ($5 million) coverage endorsed to include the City of Hamilton as additional insured.
• Be compliant with the Accessibility for Ontarians with Disabilities Act (AODA) and maintain a minimum of 1.2 meters of unobstructed passage for pedestrians and review the Accessibility for the Temporary Outdoor Patios section.
• On-street and/or pedestrian by-pass structures will be permitted in any legal on-street parking space (i.e. unrestricted, metered, or time-limited parking), but shall not be permitted in through traffic lanes, rush hour routes or lanes marked as no parking/no stopping/accessible parking.
• Any occupancy of the roadway must conform to the Ontario Traffic Manual (OTM) Book 7 for Temporary Conditions and the Ontario Traffic Council Restaurant Patio Guidelines (April 2022). This includes the applicant sourcing crash barriers and other required traffic control devices to surround the on-street structure by a certified OTM Book 7 supplier, the closure of any live lanes downstream from an occupied parking space and appropriate cones/signs may be required as per OTM Book 7 and the Ontario Traffic Council Restaurant Patio Guidelines, April 2022.
• Require 2/3 buy-in from all businesses on the affected block(s) through petition if not within a BIA.
• Require that the applicants be responsible for the management and operation of any approved Temporary Outdoor Patios, including ensuring they are staffed at all times when open, to ensure proper use and cleaning.
• Be permitted until October 31, 2024. The applicant is responsible for removal of the patio and returning the space to its original form no later than 7 am on November 1.

Temporary Outdoor Patios shall NOT:

• Have any negative impacts with respect to pedestrian safety, accessibility, emergency services, public transit, private accesses, etc.
• Change the existing occupancy load of the food service location (as of February 23, 2022).
• Permit smoking, pursuant to the Smoke-Free Act and ‘no smoking’ signage shall be posted at the entrance/exit.
• Permit outdoor food preparation which includes the use of open flame or propane BBQs (unless from City of Hamilton licensed food service vehicles or street food vending permitted to operate).
• Electrical power cords or any other devices that cross the travelled portion of the boulevard (sidewalk) are not permitted.
• Permit the construction of structures with any area greater than 10m2 or the use of tents greater than 60m2.
• Permit outside amplified music/sound without an approved Noise Exemption Application Permit.
• Permit obstruction of stormwater flows or block stormwater drains. The Applicant shall be responsible for clearance of any debris or snow and overall maintenance to ensure free flow of water.

Accessibility for Temporary Outdoor Patios

Designing for Accessibility

Ensuring accessibility for the Temporary Outdoor Patio Program includes meeting requirements from the Accessibility for Ontarians with Disabilities Act (AODA), City of Hamilton accessibility requirements and accessibility criteria specific to the Temporary Outdoor Patio (TOP) program. All accessibility requirements are equally important and together they create a program that is accessible to all Hamiltonians.

Pedestrian Clearway

The pedestrian clearway is the most important area of the street for the safe, accessible and efficient movement of pedestrians. The sidewalk is how people and customers of all ages and abilities access local shops, restaurants, offices, transit stops and other services and pedestrians have the first priority for its use.

A minimum pedestrian clearway of 1.5 metres is required. The installation of sidewalk patios requires the operator to ensure the pedestrian clearway of 1.5 metres is protected.

AODA Compliance

It is the responsibility of the business owner to maintain compliance with the Accessibility for Ontarians with Disabilities Act (AODA) at all times. Please ensure your establishment adheres to the accessibility standards noted in the AODA, including:

• Do not allow your patio or customer queuing area to impede any existing barrier-free access or sidewalk clearance for people using mobility devices to your establishment or that of your neighbouring businesses
• Ensure any barricades/boundaries (railings, planters, pylons, etc.) to identify the patio area are cane-detectable, to provide people with low or no vision a means of identifying boundaries cafés in the curb lane.

Cane-detectable means that a person with low vision or no vision is finding their way on the sidewalk with a white-cane. Planters and/or fencing must have a solid base so a white-cane can be used to tap along the bottom of the element to determine where to safely walk.

If you do not maintain a minimum pedestrian clearway width of 1.5 metres, a City of Hamilton enforcement officer will require you to adjust your patio dimensions upon inspection. Patio operators that are the subject of AODA complaints may have a City of Hamilton enforcement officer investigate and follow up with the patio owner.

Patio Design Guidelines

Patio operators can make several choices that will increase accessibility for all Hamiltonians in their patio areas. You need to consider when making decisions about your patio elements:

• Consider people using mobility devices when determining what type of furniture you will set out in your patio area. For example, picnic tables significantly limit the ability for a person using a mobility device to access a surface on which to dine and are often the entire width of the curb lane closure therefore impeding movement.
• When determining seating arrangements in your patio area, install some tables with room underneath to accommodate people using mobility devices. Ensure that there are clear routes and maneuvering space for people using mobility devices.
• Picnic tables can limit accessibility. If your primary seating arrangement is picnic tables, ensure you have another table type available to accommodate people using a mobility device.
• Protruding objects with a small base can be particularly harmful. Be cautious with service stands, tables, umbrella bases and other pieces of furniture with tops that extend into the pedestrian clearway.
• Advertise whether you have accessible washrooms on your website.

It is the responsibility of the business owner to comply with the Accessibility for Ontarians with Disabilities Act at all times.

If within a BIA, you will need to submit BIA's Written Endorsement(PDF, 91.66 KB) for the Temporary Outdoor Patio.

If not in a BIA, you will need to speak with neighbouring businesses and get 2/3 to sign off on the Temporary Outdoor Patio (the project team will provide more information).

If your dining establishment is on private property and you are a tenant (not a landlord or owner).

You must complete the Consent of the Owner or Landlord Form(PDF, 47.53 KB) and submit as part of your application.

Prepare a detailed sketch or site map of the proposed Temporary Outdoor Patio.

• Sketches/maps on municipal property must include dimensions of the patio/dining area, location of entrances/exits from the building and from the patio/dining area, location of any fire department connection and municipal fire hydrant, type of barrier being used.
• Sketches on-street or pedestrian by-pass must be  in accordance to SK-1 and SK-2(PDF, 66.69 KB) or Pedestrian Bypass SK-3(PDF, 106.95 KB). All on-street patios shall have a minimum of 4.5 metres clearance between the street centreline (on a street with a single lane in each direction) and the edge of the patio, if adjacent to a marked bike lane, the traffic clearance will be 0.25 metres from the edge of the bike lane.

Applicant is required to pay application fee for Temporary Outdoor Patios.

*Applicable only to municipal property applications - sidewalks, alleyways, and metered parking spaces

You can pay your fees online or in person at 330 Wentworth Street North, Hamilton.

There are 3 different types of Outdoor Patios based on the patio location:

Once your application has been submitted, a member of our team will contact you within 2 business days to discuss further and identify next steps. Once a complete application has been received, the total approval time is up to 5 business days.

Liquor licensed business owners who wish to serve liquor on their Temporary Outdoor Patio must notify the Alcohol and Gaming Commission of Ontario of the approval and permit obtained from the City of Hamilton. Duration of the approval, and any applicable conditions, are to be made through upload of documentation to the applicant’s personal Alcohol Gaming Commission Ontario portal.