Sidewalk Café and Pop-Up Patio Program

The Sidewalk Café and Pop-Up Patio Program applies to the use of City roads or sidewalks for adjacent eating and drinking establishments to serve food and drinks to patrons.

Sidewalk cafés and pop-up patios allow food and beverage businesses to expand their space outdoors for the summer season, from April 1 to October 31. They provide additional outdoor space for businesses to attract clients who want to enjoy the warmer season. However, additional space does not necessarily increase your occupancy limit. Building, fire, and environmental health regulations still apply for the purpose of determining occupancy limits for your establishment.

Sidewalk Café is a group of tables, chairs and other accessories situated and maintained on a public sidewalk for the consumption of food and beverages sold to the public from an adjoining business.

Pop-up Patio is a group of tables, chairs and other accessories situated and maintained on a roadway, which includes the temporary conversion of designated parking stalls located on a roadway for the consumption of food and beverages sold to the public from an adjoining business.

In order to add a sidewalk café or pop-up patio to your business, you must:

Have professional drawings of the proposed sidewalk café or pop-up patio (if any ramps or decking are proposed) including:

  • A complete site plan showing dimensions of the property and location of all existing buildings and structures
  • A complete floor plan of the patio or deck showing dimensions and square footage
  • A complete floor cross section of the patio or deck showing the materials being used
  • Elevation drawings showing the maximum height from the average finished grade level

All drawings must be to scale.

Obtain a Development Permit

  • Development Permit Application Form 1A and Form 6C
  • Permit fee of $350
  • Letter of intent that includes the hours and days of operation
  • Photographs of parent business frontage and proposed permit area
  • Site plan showing:
    – location and dimensions of proposed permit area
    – location and dimensions of passageway free and clear of any obstructions (if the proposed permit area includes a sidewalk)
    – location and relative distance of any permanent fixture placed by the City
    – location of the business entrance
    – the number of tables and chairs for the sidewalk café or pop-up patio
    – the type of fence or railing required
    – Any proposed amenities or accessories such as heaters, flower baskets, umbrellas, awnings, display tables and chairs, etc.
  • Plans for ramp or deck if applicable
  • Proof of a valid business license
  • Proof of minimum $5 million general liability insurance with City of Whitehorse named as additional insured in accordance with the City’s Lease, Encroachment and Property Use Policy.

Obtain a Building Permit (if any ramps or decking are required)

  • Application for Commercial, Industrial, Institution Building Permit Form
  • Application fee of $150
  • Plans for ramp or deck

Apply for Liquor License from the Yukon Liquor Corporation (if serving alcohol)

  • Application fee of $150
  • Annual fee depends on seating capacity and type of liquor license you apply for

Request a Health Inspection, Building Inspection and Fire Inspection prior to beginning operations

Here is a summary of the regulations that food and beverage establishments must respect when applying to develop a sidewalk café or pop-up patio.
The complete guidelines can be found in the Lease, Encroachment and Property Use Policy and Sidewalk Café and Pop-up Patio Bylaw 2021-27. You must be able to meet all the criteria laid out in these documents.

Please note that a Development Officer has authority to attach conditions and limit the term of the permit.

All sidewalk cafés and pop-up patios:

  • Must be generally adjacent to business frontage
  • Cannot be within 6 m of a stop sign or intersection unless appropriate traffic control measures are in place
  • Cannot block access to an adjacent building or fire department connections, fire hydrants or utility maintenance features
  • Must call for inspection prior to beginning operations
  • Decks or ramps must meet design requirements of Building Code for accessibility standards. Decks will require a design sealed by a structural engineer.
  • Must be wheelchair accessible
  • No permanent modifications are allowed (e.g.: no anchoring in asphalt, no removing trees, etc.)
  • Design, materials and colours must complement the parent business’ facade
  • Insurance must be kept in force at all times
  • Patios must be kept in a neat and tidy condition at all times
  • Noise during operation should not unreasonably disturb other users or adjacent residents. Noise is regulated by Sections 42 and 43 of the Maintenance Bylaw.
  • Hours of operation shall be the same as the parent business and not later than 11 p.m.
  • The sidewalk café or pop-up patio must be removed at the end of each season. All other modifications made to the permit area must be removed upon expiry of the Development Permit

Sidewalk Cafés:

  • A minimum 1.6 m of sidewalk must remain free and clear from obstructions for pedestrian use
  • Partitions are required if serving alcohol. Partitions shall be designed in accordance with 2.10.8 of the Lease, Encroachment and Property Use Policy
  • Decks are not permitted, except to level a significant grade difference or to harmonize indoor/outdoor seating levels
  • Advertising cannot be affixed to partitions

Pop-up Patios:

  • Cannot occupy more than 3 angle or 2 parrallel parking spaces
  • Must provide 6 m between the outside edge of the patio to the inside limit of the traffic lane (i.e.: the centre line of the road in most cases)
  • Must be Downtown
  • Cannot occupy an accessible parking space
  • Must allow adequate space for vehicle access/egress from adjacent parking stalls and/or driveways
  • Must have partitions that separate the patio from vehicular traffic along all street sides and pedestrian traffic along the sidewalk side
  • Decks or ramps must be designed and build in accordance with National Building Code regulations
  • Advertising cannot be affixed to partitions

Economic Development
4061 4th Avenue
Whitehorse, YT
867-334-1083
[email protected]

Land & Building Services
6 – 151 Industrial Road
Whitehorse, YT
867-668-8346
[email protected]

Yukon Government Environmental Health
2 Hospital Road
Whitehorse, YT
867-667-8391
[email protected]

Yukon Liquor Corporation
9031 Quartz Road
Whitehorse, YT
867-667-5245
[email protected]

Whitehorse Fire Department
305 Range Road
Whitehorse, YT
867-668-8685
[email protected]