Temporary Patio Registration

In response to the Province of Ontario’s Stage 2 – Reopening Ontario Plan the City of Quinte West offers an expedited process to allow for temporary patio spaces.
Address(Required)
Patio location(Required)
Will alcohol be served on the patio?(Required)

General information

Applicant's name(Required)
Building owner's name(Required)

General safety requirements

All Patios on private and City property (except municipal road allowances):

◾ Owners are encouraged to contact the Hastings and Prince Edward Health Unit to confirm their requirements at 1-888-444-3659.

◾ The patio must be open air - no tents/structures/canopies.

◾ Patios with 60 persons or less shall be provided with one or more means of egress (minimum of one – 3'- 0" (900mm) opening or swing gate).

◾ Patios with greater than 60 persons, shall provide two remote means of egress (minimum of two – 3'-0" (900mm) openings or swing gates that open out from the patio).

◾ A fence or barrier surrounding the patio is required if alcohol is being served.

◾ Fences or barriers must be secured.

◾ Patio umbrellas, planter boxes, signs, sandwich boards, etc. must not overhang or extend beyond the patio area.

◾ Patio must not extend in front of adjacent tenant spaces.

◾ Patios must not obstruct a designated fire route.

◾ Patios must not obstruct or impede existing sidewalks.

◾ Patio locations should limit the number of parking spaces lost and shall not obstruct or remove accessible parking spots.

◾ There must be access to a fire extinguisher inside or outside the building and 3'-3" (1 m) clearance for the fire department connection.

◾ The organization of tables, seating and access must be accessible and barrier-free.

◾ Business name and logo may appear on fencing, but other banners and signs are prohibited.

◾ The size of the patio should be limited as necessary to minimize disturbance where there are nearby residential dwellings. Patio service shall be closed by 11:00 pm unless otherwise extended by the City.

◾ No open-air fires (bonfires, no solid fuel permitted) allowed within the patio.

◾ In an emergency maintenance/repair situation the patio elements will be removed by others to allow for the maintenance/repair activities. In a non-emergency maintenance/repair situation, notice will be provided to the applicant to have the patio elements removed to allow for maintenance/repair activities.

Additional Requirements for Patios Encroaching on City Property (except municipal road allowances):

◾ A sketch showing the dimensions of the patio area and location is required to be submitted to the City.

◾ City Staff will inspect the patio area within 24 hours of the registration application being submitted.

◾ The City will undertake the physical closure of the patio area ensuring a safe barrier between the patio area and public property. Alternatively, the business owner can install the barrier with City approval.

◾ Business owner is responsible for setting up patio space internally.

◾ Requests for patios on municipal road allowances will be considered on a site-by-site basis.

Accepted file types: pdf, doc, docx, jpg, jpeg, gif, png, tif, Max. file size: 98 MB.
Accepted file types: pdf, doc, docx, jpg, jpeg, gif, png, tif, Max. file size: 98 MB.

Declaration:

I hereby declare that the construction of the patio at the above noted location will comply with the general safety requirements outlined on this registration form and the Provincial Regulations for social distancing. I understand that if the patio is on City property, I am agreeing with the insurance, indemnification and release clauses outlined in Appendix 1, and I will provide a Certificate of Insurance to the City of Quinte West Attention: CAO within five (5) business days of registration.

I acknowledge the patio is temporary in nature until Provincial Emergency Order regarding indoor dining is revoked, unless otherwise extended by the City as a result of the Province’s plan, and may be terminated by the City with 48 hours’ notice (operational safety concerns are identified in which case no notice is required). This registration form does not imply authorization of a permanent patio or imply approval for matters under Provincial jurisdiction. Currently, there are no applicable City fees or charges for temporary patios.

APPENDIX 1

SECTION 1

INSURANCE - FOR PATIOS ON CITY PROPERTY ONLY

Insurance required

1.01 The Grantee will obtain and maintain during the full term of this agreement a general liability policy of insurance which includes without limitation the following provisions:

(a) the City of Quinte West to be added as an additional insured;

(b) the policy contains a cross liability clause or severability of interest clause;

(c) minimum limits of $2,000,000.00 all-inclusive, including bodily injury & property damage, contractual liability, host liquor liability and products and completed operations;

(d) provide for thirty (30) days prior written notice of cancellation; and

(e) shall not contain any special limitations on the scope of coverage afforded the City, its officers, officials, employees, agents or volunteers.

Deductibles

1.02 All applicable deductibles shall be borne by the Grantee and the Grantee shall pay all deductibles when same become due and payable.

Certificates of insurance

1.03 The Grantee shall file with the City an annual Certificate of Insurance at the following address:

Attention: CAO - City of Quinte West

City of Quinte West

7 Creswell Drive

P.O. Box 490

Trenton, ON

K8V 5R6

Email: cao@quintewest.ca

SECTION 2

INDEMNIFICATION AND RELEASE

Indemnification by Grantee

2.01 The Grantee shall, at its sole cost, effort and expense, indemnify, keep indemnified and save harmless the City from and against:

(a) all claims, actions or proceedings for loss, injury (including death), damages or compensation, whether to real or personal property, wherever situated, by any person, firm or corporation (including, but not limited to, any member, employee or agent of the Grantee, invitee, or third party), whether claiming through or under the Grantee or otherwise, caused by reason of, or in any way attributable to the Grantee’s use of the Encroachment Area;

(b) any charges, costs, legal fees and expenses incurred by the City in connection with or arising out of all claims or demands, including the expenses of any action or proceeding pertaining to such claims or demands.

Release by Grantee

2.02 In addition to the indemnification provided in section 2.01, and without limitation, the Grantee agrees that, except where caused by the gross negligence or willful misconduct on the part of the City, and, despite anything else in this agreement, the City will not be liable for, and hereby releases the City from, the following:

(a) any and all claims, actions, causes of action, damages, demands for damages and other liabilities

(b) any indirect or consequential damages, including, but not limited to, loss of profit.

Indemnities survive termination

2.03 The indemnities and release in this agreement will survive the expiration or earlier termination of this agreement.

I have read and agree to the declaration, safety guidelines and additional requirements.(Required)

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