"Applicant" means the person who applies for a licence under this bylaw;

"Chief Building Official" shall mean the Director of Planning and Development Services/Chief Building Official or designate for The Corporation of Loyalist Township;

"Council" shall mean the Council of The Corporation of Loyalist Township;

"Designated area" means an area designated for the operation of an outdoor restaurant patio or sidewalk restaurant patio;

"Director" shall mean the Director of Administrative Services or designate for The Corporation of Loyalist Township;

"Fire Chief' shall mean the Fire Chief or designate for The Corporation of Loyalist Township;

"Highway" includes the entire right-of-way of a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for or used by the general public for the passage of vehicles;

"Medical Officer of Health" shall mean the Medical Officer of Health for the Kingston Frontenac Lennox and Addington Health Unit or designate;

"Municipality" shall mean The Corporation of Loyalist Township;

"Outdoor Restaurant Patio" shall mean an outdoor area used only on a seasonal basis in conjunction with any restaurant type where seating accommodation is provided and where alcoholic beverages may be served to the public for consumption on the premises;

"Person" shall include a corporation or partnership;

"Provincial Offences Officer" shall mean an individual appointed by by-law or other agencies designated by Council who are responsible for the administration of this by-law;

"Sidewalk Restaurant Patio" shall mean an outdoor area used only on a seasonal basis in conjunction with any restaurant type where seating accommodation is provided and where alcoholic beverages may be served to the public for consumption on the premises and which is located wholly or partially on the municipality's property pursuant to a valid and subsisting encroachment agreement or lease as the municipality shall deem appropriate.

2.1 The Director or designate is responsible for the administration of this by-law.

2.2 All Provincial Offences Officers with authority to enforce the by-laws of the municipality are responsible for enforcing the provisions of this by-law.

2.3 If at any time, the Director determines as a result of evidence provided, that the operation of an outdoor restaurant patio or sidewalk restaurant patio, as defined in section 1 of this by-law, does not conform with the requirements of this by-law, the licence may be suspended or revoked.

3.1 Persons wishing to operate an outdoor restaurant patio or sidewalk restaurant patio, as defined in Section 1 of this by-law, within the boundaries of The Corporation of Loyalist Township, shall make application to the Director and said application shall be on the approved form attached as Schedule 'A' to this by-law.

3.2 No person who does not hold a valid outdoor restaurant patio or sidewalk restaurant patio licence, issued by the Director under the authority of this By-law, shall operate an outdoor restaurant patio or sidewalk restaurant patio within the municipality.

3.3 The following procedure shall be applicable in respect to the granting of an outdoor restaurant patio or sidewalk restaurant patio licence:

(a) the applicant shall submit an application not less than thirty (30) days prior to renewal of an outdoor restaurant patio or sidewalk restaurant patio licence;

(b) the applicant shall determine the proposed location for the designated area and shall, if located on private property, provide a letter from the property owner or property manager permitting the use of his/her land for the proposed use;

(c) the applicant shall pay to the municipality a non-refundable application fee in the amount identified in Section 3.7;

(d) the applicant shall complete an application for a licence in the form attached as Schedule 'A' to this by-law;

(e) the applicant shall submit a site plan which clearly shows the designated area along with the location of parking, signage and refuse containers;

(f) the Director shall circulate the application to all municipal departments to determine if the application meets the municipality's standards;

(g) The Director shall approve all applications for outdoor restaurant patios or sidewalk restaurant patios.

3.4 In addition to the application form, fee and other matters required by Section 3, the proposed location for the designated area shall comply with the following criteria:

(a) no portion of the designated area shall be located on a highway or any part thereof;

(b) no portion of the designated area shall be located directly in front of an entrance to or exit from a building;

(c) the designated area shall not be located within 50 metres of a signalized intersection as measured from the property line closest to the signalized intersection;

(d) the designated area shall be set back at least twelve metres from a highway measured from the property line closest to the highway;

(e) the parking, signage and refuse requirements indicated in the site plan shall be within the designated area;

(f) the surface area of an outdoor restaurant patio or sidewalk restaurant patio shall not exceed the interior licensed floor area of the restaurant (as licensed under The Alcohol and Gaming Commission of Ontario);

g) where the patio is elevated above grade on a structure, the height of the deck surface should be no greater than one (1) metre;

(h) platforms should be supported by posts or ground beams which meet the requirements of the Ontario Building Code;

(i) the premises shall not be used or furniture positioned in such a manner as to obstruct exit from the restaurant;

(j) the chairs and tables shall be kept clear from all existing doorways and sidewalks adjacent to the patio in the interests of public safety;

(k) all outdoor restaurant patio and sidewalk restaurant patio objects, structures and other materials shall be stored off-site outside of the permit period;

(l) all signage shall be in accordance with The Corporation of Loyalist Township's sign by-law;

(m) outdoor restaurant patios or sidewalk restaurant patios facing onto a residential street must be cleared and closed by 11:00 p.m. All other outdoor restaurant patios or sidewalk restaurant patios must be cleared and closed by 12:00 Midnight;

(n) all other applicable municipal by-laws and agreements, Provincial Codes and Acts.

3.5 The operator of the outdoor restaurant patio or sidewalk restaurant patio shall be responsible for maintaining the area and keeping it free of dust, papers and rubbish of any kind on a daily basis.

3.6 Upon receipt of a written application to the municipality for an outdoor restaurant patio or sidewalk restaurant patio licence, the application shall include a statement containing full description of the purpose for which the area is to be used, and upon payment of the prescribed licence fee, and subject to compliance with all other sections of this By-law, the Director shall approve an outdoor restaurant patio or sidewalk restaurant patio licence.

3.7 The fee for an outdoor restaurant patio or sidewalk restaurant patio licence shall be included with the application for the licence and will be the sum of:

a) Initial application - two hundred and fifty dollars ($250.00);

b) Renewal application (if for consecutive years and no changes have been made to design and layout) - one hundred dollars ($100.00).

3.8 Any fee paid for an outdoor restaurant patio or sidewalk restaurant patio licence shall be credited to the person paying it, or to any "bona fide" purchaser of the business who carries on the business, during the year in which the licence is issued.

3.9 Every outdoor restaurant patio or sidewalk restaurant patio licence issued under this by-law shall take effect on the day it is issued and expire on the 31st day of December in the year in which it was issued.

3.10 Although the requirements in Section 3 - Licensing are standard for all applications, other requirements, depending on the individual proposals, may be requested by the Director.

3.11 Any person who operates an outdoor restaurant patio which is an integral part of the building structure or has received approval, through the site plan approval process, shall be exempt from this by-law.

4.1 All regulations prescribed by the Alcohol and Gaming Commission of Ontario shall be adhered to. The revocation of any outdoor restaurant patio or sidewalk restaurant patio licence may be enforced after a breach of the Alcohol and Gaming Commission laws of Ontario.

4.2 The period of operation for licensed outdoor restaurant patios or sidewalk restaurant patios may be anytime between January 1st to December 31st of each year.

4.3 Any employee or agent of a person to whom an outdoor restaurant patio or sidewalk restaurant patio licence has been issued shall, when required by any Provincial Offences Officer of the municipality, exhibit the licence to operate the outdoor restaurant patio or sidewalk restaurant patio.

4.4 Upon demand by any Provincial Offences Officer of the municipality, any person to whom an outdoor restaurant patio or sidewalk restaurant patio licence has been issued, or the employee or agent of such person, shall exhibit it, failing which such person, employee or agent shall be guilty of an offence unless such licence is accounted for satisfactorily.

4.5 The operator of every outdoor restaurant patio or sidewalk restaurant patio shall at all times comply with the requirements of the Medical Officer of Health and prior to the issuance of an outdoor restaurant patio or sidewalk restaurant patio licence under this By-law, supply the Director with written confirmation of compliance in this regard.

4.6 The licensee shall at all times indemnify and save harmless The Corporation of Loyalist Township from all loss, costs and damages which the municipality may suffer, be at or be put to for or by reason or on account of any matter of thing which may occur, be done or arise by reason of the use of the premises to gain access to or egress from the premises or anything which may be done thereon or which may be neglected to be done thereof by the licensee, his/her/its agents, servants or others.

4.7 The licensee, for a sidewalk restaurant patio, shall provide and maintain at his/her/its sole expense, liability and property damage insurance in the minimum amount of two million dollars ($2,000,000.00) to protect the municipality against all liability and shall complete an insurance certificate, all to the satisfaction of the Director.

5.1 Notwithstanding anything contained in this by-law, any person may make application to the Director to be granted an exemption from any of the provisions of this by-law:

Grant of Exemption

Upon receipt of a written application for Grant of Exemption to this by-law, the Director may refuse to grant any exemption or may grant the exemption applied for. Any exemption granted shall specify the time period, not in excess of six months, during which it is effective and may contain such terms and conditions as the Director determines to be appropriate.

The Director shall consider all applications for exemption and shall only grant an exemption, or an exemption on conditions, where:

i) the request is necessary and in the public interest;

ii) the duration of the requested exemption is reasonable.

Details of Application for Exemption

The application shall contain:

i) the name and address of the applicant;

ii) a statement of the particular provision or provisions of the by-law from which exemption is sought;

iii) the period of time, of a duration not in excess of six months, for which the exemption is sought;

iv) the reasons why the exemption should be granted; and

v) a statement of the steps, if any, planned or presently being taken to bring about compliance with the by-law.

6.1 The Director or designate, is responsible for the enforcement of this by-law and Council hereby delegates to the Director or designate, the authority to suspend or revoke any outdoor restaurant patio or sidewalk restaurant patio licence.

6.2 An outdoor restaurant patio or sidewalk restaurant patio licence issued under the provisions of this By-law may be revoked by the Director when:

(a) Written notice has been received from the Medical Officer of Health, the Chief Building Official or the Fire Chief stating that the outdoor patio or sidewalk restaurant patio is operating contrary to required standards; or

(b) The Licensee has been served notice of non-compliance with the terms of this By-law, by a Provincial Offences Officer.

7.1 If a court of competent jurisdiction declares any provision, or part of a provision, of this by-law to be invalid, or to be of no force and effect, it is the intention of Council in enacting this by-law that each and every provision of this by-law authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.

8.1 Every person who contravenes any provisions of this by-law shall be guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act and to any other applicable penalties.

9.1 That By-law 2004-056 and any other by-laws or portions thereof conflicting with this by-law are hereby repealed.

9.2 This by-law shall come into force and take effect upon the date of its passing.

Enacted and passed this 12th day of March, 2012.

SCHEDULE ‘A’ to BY-LAW 2012-025

APPLICATION FOR OUTDOOR RESTAURANT PATIO OR SIDEWALK RESTAURANT PATIO

APPLICANT’S NAME:  _____________________________________________________________                                                                 

BUSINESS NAME:       _____________________________________________________________

BUSINESS ADDRESS:  ____________________________________________________________

TELEPHONE NUMBER_____________________________________________________________                                                                                                               

IF APPLICATION IS MADE ON BEHALF OF A CORPORATION, STATE

ADDRESS OF HEAD OFFICE: _______________________________________________________

_______________________________________________________________________

TELEPHONE NUMBER (Daytime number)   ___________________________________________                                                       

PURPOSE FOR WHICH AREA IS TO BE USED:  _______________________________________

_______________________________________________________________________

NUMBER OF TABLES AND CHAIRS:    ________________________________________________

ALCOHOL  & GAMING COMMISSION APPROVAL RECEIVED: ____________________________

I, _________________________________, swear that the information given in this application and any

supporting documents are true and complete and I understand that false statements could result in the revocation of a licence, if granted.

Sworn before me at Loyalist Township in the

County of Lennox and Addington this _____

Day of _____________, 201___.                                                                                                                                                                                                                                              Signature of applicant

_____________________________________                        _______________________________

            Commissioner etc.                                                                    (Applicant print name) 

Personal Information contained on this form is collected under the authority of the Municipal Act, 2001, c.25 and By-law 2012-025 and well be used to determine eligibility for licensing purposes only.

The documents noted below must accompany the application for Outdoor Restaurant Patio or Sidewalk Restaurant Patio Licence.    A licence will not be issued until all required documents have been received.         

These documents will be retained on file for a minimum of two (2) years as part of the application, for reference in subsequent years.

REQUIRED DOCUMENTS: