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A Sidewalk Café is an outdoor seating area, located within the public right-of-way, which functions as an outdoor seasonal extension of the primary business of food and/or beverage service and may include other outdoor seating areas. A Sidewalk Café requires a valid Sidewalk Café Permit as approved by the City of Windsor. There are three types of Sidewalk Cafés Permits offered through the City of Windsor:
3-Season Café: Operates from March 1st to November 30th.
Year-Round Café: Operates from January 1st to December 31st. A year-round café requires one (1) heater (propane or electric) for every ten (10) people that will occupy the sidewalk café, and heaters must be included on the Certificate of Insurance.
Mini Cafés: A non-licensed sidewalk café with a maximum of 2 small tables and 8 chairs. The mini café can be a maximum of 55 square feet and cannot extend more than 6 feet into the right-of-way. Railings are not required for a mini café.
In March 2016, City Council approved a resolution to institute a $0.50 incremental increase in annual sidewalk café fees over a six (6) year period.
The following was the annual fee breakdown:
There are also additional costs that are applied to all three types of Sidewalk Café Permit applications:
Due to the rising permit costs and the indemnity fee, Sidewalk Cafés have become cost-prohibitive to downtown merchants, with many merchants no longer constructing sidewalk café enclosures. This is a negative trend that the DWBIA seeks to mitigate through a Sidewalk Café Program.
Sidewalk Cafés help create an atmosphere of pedestrian friendliness, vitality and walkability essential to the commercial vibrancy of the downtown. The Downtown Windsor BIA recognizes the positive effects of sidewalk café culture in the downtown, and deems it critical to explore ways of mitigating the Sidewalk Café Permit costs to downtown merchants.
The Sidewalk Café Program seeks to assist merchants by advancing the merchant the $1,000 refundable indemnity fee retained by the City as part of the Sidewalk Café Permit application. The DWBIA will enter into an agreement with approved merchants whereby the merchant will reimburse the $1,000 indemnity fee once said fees are refunded by the City.
Upon completing a Sidewalk Café Permit application, the merchant will be required to complete and submit a Sidewalk Café Program application form to the DWBIA. A copy of the Sidewalk Café Permit application will also be required. Applications will be reviewed by the DWBIA Board in accordance with the Program Guidelines listed below, and the City of Windsor’s Sidewalk Café Handbook. Subsidies will be awarded only to merchants whose Sidewalk Café applications have been approved by the City of Windsor. Applications will be assessed through three (3) categories: Mini Cafés, Restaurants, and Bars.
Mini Cafés: These sidewalk cafés are non-licensed and may include up to 2 small tables and 8 chairs. The Mini Cafés do not have an enclosure or affixed furniture. Mini Cafe applicants may include fast-casual, bistro and retail establishments.
Restaurants: These sidewalk cafés may be licensed but primarily serve food. These may include an enclosure with affixed furniture.
Bars/Pubs: These sidewalk cafés are licensed and primarily serve alcoholic beverages. These may also include an enclosure with affixed furniture.
The applicant or merchant is responsible for any damage to the right-of-way, and is liable for its repair. Damages must be repaired by the end of the season before the final inspection by the City’s Engineering Department Inspector. Failure to repair damages could result in the rejection of future applications and other DWBIA programs and services.
In accordance with the Smoke-Free Ontario Act, no smoking or vaping is allowed at a sidewalk café, or areas within 9 metres of the sidewalk café. Violation of these regulations could result in the rejection of future applications.
For any questions please contact us.