This information is provided for those restaurant operators who wish to establish an outdoor area to serve food and/or beverages on municipal property. This is referred to as a Sidewalk Café. Please see the Sidewalk Café Guidelines Brochure here, for comprehensive details on the Sidewalk Café application process.
Where can I apply for a Sidewalk Café Permit?
Applications for a Sidewalk Café permit may be submitted in person to the Planning, Building, and Development department located at the Wayne Thomson Building, 4343 Morrison Street Niagara Falls, Ontario L2E 6Z9 or by mail to City Hall, located at 4310 Queen Street L2E 6X5. They may also be submitted by email to [email protected].
You can find the application here.
Who can Apply?
All restaurants with a valid business license, in good standing with the City of Niagara Falls, and valid liability insurance may apply.
Please note, if you obtained a Sidewalk Café permit in 2024 or 2023, you may apply as a renewal in 2025.
What do I need to submit?
A completed application form, 3 copies of the proposed patio plan (if applying digitally 1 PDF copy of plan is needed), a valid insurance certificate naming the City as additional insured, and payment of the application fees must be submitted for a complete application. If your restaurant is licensed to serve liquor, you will also be required to submit a copy of the Alcohol and Gaming Commission of Ontario (AGCO) license.
Plans must be prepared by a qualified professional*, drawn to scale in metric, illustrating: the front of the restaurant, the outside dimensions of the sidewalk café area, the position of tables and chairs and other associated features or amenities i.e. fencing, barriers etc., and the total patio area calculation. The plans must show a minimum 1-metre-wide emergency evacuation route from the business operation to the street. See ‘Required Information’ section on Sidewalk Café application form for full details on what must be shown on the plan.
*Defined as an Ontario Land Surveyor, Ontario Landscape Architect, Certified Planning, Engineering, or Architectural Technologist or Technician.
Do I need insurance?
Please note that the City requires $5 Million Dollars in Commercial General Liability (CGL) insurance per incident, for Sidewalk Cafés occupying City Property. Along with your application (whether a new or a renewal), you will need to submit a Standard Certificate of Insurance for $5 million per incident, to indemnify the City of Niagara Falls. The City of Niagara Falls must be listed as an ‘ADDITIONAL INSURED’ on the certificate.
Visit our Certificates of Insurance page to get the current form. The correct form is entitled ‘Certificate of Insurance- Standard Liability Form’. The start and end dates on the insurance certificate must cover the Sidewalk Café operation period (April 1st to October 31st of the applicable year). An updated Certificate of Insurance must be submitted annually.
An updated certificate of insurance must be provided annually to maintain a Sidewalk Café permit.
Is there a fee?
For 2025, a new fee structure has been adopted based on a 3-year agreement with the City of Niagara Falls. Fees differ based on whether the application is a new application or a renewal application. Your application will be considered a ‘New application’ if you have never applied to the Sidewalk Café Program or obtained a Sidewalk Café permit prior to 2023. Your application will be considered a ‘Renewal’ if you applied and successfully obtained a permit for operation from the City in 2024 or 2023 and your café design has not changed.
Whether your application is a new application or a renewal, you will enter into a 3-year agreement with the City, if your application is approved and a subsequent permit issued. New applications will be subject to a $200 application fee plus an annual licensing fee of $15.00/ square metre of licensed café area. Renewal applications will be subject to a $150 renewal fee plus an annual licensing fee of $15.00/ square metre of licensed café area.
Visit the Planning Fees Schedule for the most current fees. Payment can be accepted in person via cheque or debit card (credit card payment is not available). The cheque should be payable to the City of Niagara Falls. Mailed applications will require cheque payment to be submitted with the application package. Please note that Small Frontage Sidewalk Cafés are permitted to operate without a permit, at no cost, provided an application (including a valid Certificate of Insurance) is submitted and approved, and all requirements are met. Small Frontage Sidewalk Cafés are a new category of Sidewalk Cafés introduced in 2025. There are no associated fees for Small Frontage Sidewalk Cafés, however, the following requirements must be met:
- Maximum dimensions: 0.8m deep x 5.5m wide
- A maximum of one or two tables, with up to 2 chairs per table
- Only permitted where the minimum pedestrian clearway is provided
- No fencing is permitted
- The chairs and tables must be removed from the sidewalk at the end of each business day
How long does the application process take?
The complete application shall be circulated to City Staff including the Planning, Zoning, Transportation, Building, and Engineering departments for review and comment. The application must be approved, and the permit issued prior to using any municipal lands.
Provided there are no concerns, a permit will be issued approximately 3 weeks from the date a complete application (including full payment) is received.
What does a General Overview of the Process Look Like?
Each application will be reviewed on its individual merit, based on particular conditions and consideration of location and municipal needs. The Sidewalk Café shall conform to any applicable provisions of the Zoning By-law, the Ontario Building Code, the Fire Code, Site Plan Control, and any other applicable regulations and policies.
Whether your application is a new application or a renewal, you will enter into a 3-year agreement with the City of Niagara Falls. During the 3-year term, the applicant will be required to fill out the ‘Sidewalk Cafe Annual Permit Form’ each year, pay the licensing fee, submit a valid insurance certificate to the City, and submit a copy of the Alcohol and Gaming Commission of Ontario (AGCO) license if your restaurant is licensed to serve liquor. By entering into this agreement, the application fee or renewal fee is waived for the next 2 years. See more details in section 10 of our Sidewalk Café Guidelines Brochure.
Do I need perimeter fencing?
A physical separation around the Sidewalk Café is required, if serving alcohol. Please check with the AGCO for full requirements.
Can I operate a Sidewalk Café on my own restaurant property?
Yes, Sidewalk Cafés located on private property would be subject to Site Plan Control. Please contact the Niagara Falls Planning, Building, and Development Department for more information regarding this process: [email protected] or 905-356-7521, ext. 4330.
