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Sidewalk Seating/Café

  1. Collection of Personal Information

    Personal information is being collected under the authority of the Municipal Government Act for the purpose of processing this Sidewalk Seating/Café application. This information is protected under the privacy provisions of the Freedom of Information and Protection of Privacy Act.  If you have any questions about the collection of this information, contact the Manager of Planning and Development at (403) 762-1215, Town of Banff, P.O. Box 1260, Banff AB, T1L 1A1.

  2. Operation Information
  3. Please note – permitted hours of patio operation are 7am to 10pm. If hours of operation are limited, the sidewalk seating area will be required to be removed from the public roadway in periods of non-use.

  4. Proposed Sidewalk Seating Café Area
  5. Pedestrian zone is the area dedicated exclusively to the movement of pedestrians on a public sidewalk.

    Sidewalk seating/café areas shall leave the following unobstructed sidewalk width to accommodate pedestrian traffic:

    a) a 2.0m pedestrian zone on Caribou Street and Wolf Street,
    b) a 2.5m pedestrian zone on Bear Street, Lynx Street and Buffalo Street; and,
    c) a 3.0m pedestrian zone on Banff Avenue, Marten Street and Elk Street.

  6. Level of Service *

    Sidewalk seating areas are considered one of the following three sidewalk seating area types:

    Counter Service means a seating area where patrons must access an interior counter to obtain food and/or beverages. 

    Table Service means a sidewalk seating area where patrons are served food and non-alcoholic beverages at a table by staff. Table service seating areas are not licensed by the Alberta Gaming, Liquor & Cannabis Commission (AGLC) for the consumptions of alcohol.

    Full Service means a sidewalk seating area where patrons are served food, beverages, and alcoholic beverages at a table by staff. Full service seating areas are licensed by the Alberta Gaming, Liquor & Cannabis Commission (AGLC) for the consumption of alcohol.


  7. The applicant is encouraged to review the Town of Banff Sidewalk Seating/Café Policy C7005 (PDF) to ensure the proposed sidewalk seating application is compliant with Council objectives prior to submitting application to the Planning and Development Department. Application fees are charged on an annual basis. The rate is based on the direction provided in Schedule ‘O’ of the Town of Banff Fees and Charges Bylaw (PDF).

  8. The permit holder is required to obtain and carry valid comprehensive general liability insurance which includes the following:

    1. The Town of Banff is named as additional insured,
    2. State the period covered by the insurance policy i.e. commencement date and expiration date of policy,
    3. Be for a minimum amount of $5,000,000 in respect of any single occurrence,
    4. Indemnify the Town of Banff against all claims of any kind arising from any negligent act either by the permit holder or the permit holder’s agents; and,
    5. Be in a form and with an insurer to the satisfaction of the Town of Banff.

    The permit holder is required to notify the Town of Banff of any material change or cancellation of their general liability insurance within 30 days of this change.

  9. NOTE: Incomplete applications will not be accepted. More detailed information may be requested during review of the application.
  10. INDEMNITY

    To indemnify and save harmless the Town of Banff and its officials, officers, employees, servants and agents from all costs, losses, damages, compensation and expenses (including Counsel fees) of any nature whatsoever suffered or incurred by the Town and sustained or caused by my occupation or possession of the Premises, and from all claims, demands, suits and judgements against the Town and its officials, officers, employees, servants and agents, or either of them, on account of or in respect of the Premises or of the occupation or possession or use thereof by me or my servants, agents, contractors, licensees. I will comply with all Town of Banff Guidelines, Laws and Bylaws now in force or which may hereafter come into force in the Banff.

     The Licensee shall, without limiting its obligations or liabilities herein and at its own expense, provide and maintain insurance with insurers licensed in the Province of Alberta and in forms and mounts acceptable to the Town of Banff. When requested by the Town of Banff, the Licensee shall provide certified copies of the required policies.

  11. RESPONSIBILITIES
    1. I agree to produce the permit for inspection when so requested by any Town of Banff Bylaw Services Officer, Director of Planning and Development or their designate.
    2. I agree to be solely responsible for the adherence by all persons connected with this business to the permit requirements. I will comply with all Town of Banff Guidelines, Laws and Bylaws now in force or which may hereafter come into force in the Town of Banff.
    3. By signing below I am verifying the accuracy of the above information and I understand that the Sidewalk Seating/Café Permit is the property of the Town of Banff, is non transferable and that the Director of Planning and Development or their designate may revoke or suspend the permit if the permit area is required for any street works, utility installation or special event or if any terms and conditions of the permit are not adhered to. 
    4. I hereby submit this application on behalf of my business for a Sidewalk Seating/Café Permit from the Town of Banff. If granted I will comply with each and every obligation contained in the Sidewalk Seating/ Café Policy C7005, laws, bylaws and guidelines now in force or which may come into force in the Town of Banff. This Permit is the property of the Town of Banff and must be surrendered immediately upon request from the Town of Banff Bylaw Services Officer, Director of Planning and Development or their designate.
    5. Every sidewalk seating area shall be temporary in nature and designed so that the entire structure and its appurtenances including but not limited to chairs, tables, fencing, bollards and planters can be easily removed during periods of nonuse. The Town of Banff reserves the right to request the user to remove the sidewalk seating area within 24 hours if required.
  12. AUTHORIZATIONS
  13. Property Owner Authorization

    In this capacity, I have examined the contents of the application, certify that the information submitted with it is correct insofar as I have knowledge of these facts, and concur with the submission of the application.  I / the registered company/ or corporation/ or ownership group acknowledge that the lands described in the application may be subject to applicable laws, regulations, and guidelines including, but not limited to, the Town of Banff Land Use Bylaw, the Banff National Park Management Plan, and the Canadian Environmental Assessment Act. I / the registered company/ or corporation/ or ownership group agree to comply with all provisions of the Town of Banff Land Use Bylaw and any other applicable legislation, if this application is approved. 

  14. Applicant Declaration
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  16. This field is not part of the form submission.