Supporting Businesses in this Challenging Time – Sidewalk Use Bylaw - Staff Report

Background

The City has been approached (see attached letter) by the BC Restaurant and Food Services Association to work creatively and collaboratively with restaurant and cafe operators in Langford. They request that the City work quickly to enable local businesses to expand current patio areas, add new patios, and permit dining, liquor service and manufacturer’s sampling in controllable public spaces. These proposed changes are intended to help businesses balance the competing requirements of maintaining physical distancing yet trying to achieve the volume of sales pre-COVID-19.

Specifically, the City has been asked to support:

1. Increased flexibility for patio types and sizes (including consideration for pre-detailed designs and formats), expedited permitting including applications and renewals, as well as the number of patios allowed;

2. Increase the space use of existing patios or picnic areas to allow chairs to be spread out to meet distancing requirements (i.e. many patios have more space than the current floor plans allow them to use);

3. Allow pop-up outdoor dining and manufacture sampling spaces;

4. Allow and increase the use of parklets and public space for dining;

5. Allow any increase in patio, picnic area or outdoor space be considered a continuation of an establishment’s existing approved alcohol service area or manufacture’s sampling area to provide samples and not require additional endorsements or authorizations.

6. Coordinate with any relevant bodies—such as the Liquor and Cannabis Regulation Branch, Fire Department, WorkSafe BC, etc.—to reduce red tape and speed approval timelines wherever possible.

Commentary

Staff have reviewed the requests from the BC Restaurant and Food Services Association and feel that most of their requests are achievable, with the exception of permitting of expanded alcohol service area, as this is within the purview of the Province.

Staff also believe that these suggestions are not only applicable to restaurant and café owners/operators, but to any retail business wanting to expand their floor area to meet the variety of challenges associated with COVID-19.

To this end, staff have drafted the attached bylaw for Council’s consideration. To summarize, the bylaw:

• Enables any restaurant, café or retail business to apply to use a portion of the City sidewalk or private property sidewalk near their business for the purposes of expanding their operations (in light of social distancing requirements);
• Delegates the authority staff to issue, amend, suspend or cancel sidewalk use permits;
• Requires a valid business license, proof of insurance, support from the property owner/adjacent businesses and conformance with other City bylaws for a sidewalk use permit to be issued;
• Allows sidewalk use permits to be issued for up to one year;
• Allows for fixtures to remain on the sidewalk (e.g. picnic tables) during the duration of the licensing period, and requires the license holder to keep the area clean;
• Ensures that minimum travel paths for accessibility and COVID-19 are respected;
• Provides for the necessary safety measures; and
• Allows for the business to operate on the sidewalk from 7:00 a.m. to 9:00 p.m. daily.

Should Council support this bylaw, staff would engage with interested businesses, onsite and in-person, to advise them of this opportunity.

Staff would also send a letter to the Liquor and Cannabis Regulation Branch and other necessary stakeholders to ask for their support in this initiative, including allowing any increase in patio, picnic area or outdoor space be considered a continuation of an establishment’s existing approved alcohol service area or manufacture’s sampling area to provide samples and not require additional endorsements or authorizations.

Financial Implications

None.

Legal Implications

The City’s lawyers have been consulted in the drafting of this bylaw and their recommendations have been incorporated.

Options

That Council:

1. Give 1st, 2nd and 3rd reading and then adopt Bylaw 1917.

OR

2. Does not give any readings to Bylaw 1917 at this time.

Respectfully submitted,

Submitted by:
Braden Hutchins, Director of Corporate Services

Concurrence:
Adriana Proton, Manager of Legislative Services

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Lorne Fletcher, Manager of Bylaw Enforcement

Concurrence:
Chris Aubrey, Fire Chief

Concurrence:
Cory Manton, Manager of Parks and Recreation

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Darren Kiedyk, Chief Administrative Officer

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