Sidewalk Café and Pop-Up Patio Program

A 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.

A 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]