The use of public sidewalks, parking spaces and road rights-of-way in the Beach Avenue corridor may be permitted for restaurants, bakeries, delicatessens and merchant displays at the discretion of the District of Peachland.

To apply for a Sidewalk Café or Merchant Display please complete the application below:

• Sidewalk Patio Application Form

The following is information on the regulation requirements for the establishment of a Sidewalk Café or Merchant Display in the District. For the full details please review:

• Sidewalk Café, Merchant Display and Mobile Vending Encroachment Bylaw No. 1983, 2012
• Sidewalk and Right-of-Way Occupancy Policy PRO-267

Licence Area General Provisions

1) Licence Agreement - All sidewalk cafes and merchant displays located on public sidewalks or road rights-of-way including parking stalls are required to enter into a Licence and Encroachment Agreement with the District which will be valid for a 3-year term unless a shorter term is specified within the agreement.

2) Seasonal Operation - Regardless of the purpose of the sidewalk or right-of-way occupancy under District Policy PRO-267 and pursuant to Sidewalk Café, Merchant Display and Mobile Vending Encroachment Bylaw 1983, 2012; Licences granted are effective between the dates of April 1st (with the approval of the Director of Operations) and November 1st each year unless otherwise specified.

3) Security Deposit - A security deposit of $200 is required as part of the Licence and Encroachment Agreement.

4) Liability Insurance - Proof of insurance must be provided to the District. The licencee must indemnify, save harmless, release and forever discharge the District from any and all damages, injuries or claims arising from their use of public space.

• Establishments without a Liquor Licence - Insurance required is $2,000,000
• Establishments with a Liquor Licence - Insurance required is $3,000,000

5) Maintenance - The licence area and the immediately surrounding area will be cleaned each day, before and after closure of the business and any waste, discarded debris, food stains and refuse container that belongs to the business shall be removed.

6) Safety - A licence will not be permitted where it may interfere with safe vehicle and pedestrian movement including within 6 m (20 ft) of a stop sign or a location where visibility or safety is a deciding issue. Unless appropriate traffic control measures and 3rd party approvals are in place.

Sidewalk Café

A sidewalk café is an outdoor seating area located within public space directly adjacent to a restaurant or licenced establishment located on the ground floor of a building used seasonally for the purpose of serving food and/or beverages to patrons; it may also be referred to as a sidewalk patio.

In addition to the Licence Area General Provisions, the following shall apply to all Sidewalk Café's:

1) Location
• All sidewalk cafés proposed by a business to be located on the public sidewalk or in the area containing public parking stalls must be located directly adjacent to the existing business.
• Sidewalk cafés shall not extend onto the sidewalk or onto parking spaces which are within the frontage of adjacent businesses without the written consent and the agreement of those adjacent businesses.
• No table or chairs shall be placed within 1.2 m (4 ft) of a bus stop, taxi stand, fire hydrant or counter service window or within 0.6 m (2 ft) of any building entrance or exit.

2) Area
• Sidewalk cafés are limited to the use of a portion of a sidewalk or parking stall or both to a maximum seating area of 350 sq ft (excluding sidewalk and access areas)
• A maximum of 3 parking stalls may be used
• Where the remaining depth of the stall permits the stall will be posted for use as "small car parking only"
• No post barricades will be placed at the head of each of the parking stalls used

3) Occupancy Load
• The occupancy load of a sidewalk café must not exceed the regulation requirements of the Provincial Liquor Licencing, Regional Health Authority or the BC Building Code (e.g., 12.9 sq ft per person)

4) Pedestrian Circulation and Access
• A sidewalk café must leave a minimum of 1.8 m (6 ft) of public walkway which shall remain unobstructed, unused and clear for pedestrian traffic
• The sidewalk café must provide an unobstructed access of a minimum of 0.6 m (2 ft) on either side of the entrance of the building

5) Public Walkway
• All sidewalk cafés that utilize public parking stalls shall install a wooden platform that conforms to the District's specifications
• The licencee will bear all costs of construction and maintenance and must have all required permits for working in the District's right-of-way prior to construction
• The walkway must be constructed of pressure treated spruce, pine or fir that is of No. 1 or 2 grade as per Canadian standards and the spacing of the boards must not exceed 0.6 cm (0.25")
• Where the sidewalk café projects into an area currently occupied by parking stalls, turns in direction along the walkway must be at an angle consistent with that of the adjoining parking spaces (e.g., 45 degrees)
• There must be no changes in elevation between the top of the sidewalk/curb and the top of a constructed walkway; no stairs or steps along the length of the walkway are permitted
• The walkway surface must be non-slip
• Either a fence or concrete planters must separate the public walkway from the roadway and any adjoining parking stalls
• Concrete planters must be a minimum of 1.2 m (4 ft) in length and 0.6 m (2 ft) in height

6) Fencing
• Fencing enclosures will be a minimum height of 0.92 m (3 ft) and a maximum height of 1.02 m (3 ft 4")
• Enclosures will be discreet in colour, design, material and finishes to reduce visual clutter. Dark painted ornamental iron, steel stainless steel and aluminum fencing is preferred
• The with of access opening in the perimeter fence accessing the sidewalk café will not be less than 1.5 m (5 ft) and no greater than 2 m (6.5 ft)
• A sidewalk café fenced enclosure will have post spacing between 1.2 m (4 ft) and 1.5 m (5 ft)
• A top rail should allow planter boxes to be mounted on the enclosure. Planter boxes shall not protrude into the width of the walkway and any planter boxes shall not exceed 0.3 m (1 ft) in width by 1.5 m (5 ft) in length.
• Pickets above the top railing are not permitted
• A kick rail should be positioned 0.15 m (6") from the finished grade of the sidewalk to guide the visually impaired

7) Awnings and Pergolas
• Retractable awnings and pergolas will be considered by the District on a case by case basis and subject to review and approval of the Licencing Inspector

8) Supporting Posts for Fences or Pergolas
• Supporting posts should be anchored to generate significant strength yet allow for easy removal

9) Furniture, Equipment and Supplies
• No cooking, storage, cooling, refrigeration or other equipment is to be located in the sidewalk café area without written permission of the District
• A sidewalk café will not use disposable plates, cups or containers for providing food and beverages services unless they are used for takeout orders to be consumed off site

10) Signage
• No signage will be permitted to display any commercial advertisements for goods, products or companies other than the business operating the sidewalk café. Third party advertising is not permitted except on pre-printed umbrellas.
• A "No food or beverages allowed beyond this point" sign must be posted

11) Menu Board
• One menu board no larger than 0.7 sq m (7.6 sq ft) with a maximum height of 1.09 m (3.6 ft) and a maximum width of 0.64 m (2.1 ft) is allowed within the café site

Merchant Displays

A merchant display is an outdoor display area located within public space directly adjacent to a business located on the ground floor of a building. This includes racks, displays, outdoor tables, outdoor bins, etc.

In addition to the Licence Area General Provisions, the following apply to all Merchant Display Licences:

1) Location
• Merchant displays established on a public sidewalk must be located directly adjacent to the existing business

2) Area
• Merchant displays must ensure that a minimum of 2 m (6 ft) of sidewalk remains unused and clear for pedestrian traffic

3) Signage
• No signage will be permitted to display any commercial advertisements for goods, products or companies other than the business operating the merchant display. Third party advertising is not permitted

4) Hours of Use
• All displays must be removed from the site by 11:00 pm daily