the vaping of any substance in playgrounds, recreation and sports centres, schools, and within 20 metres of those properties.

Under the SFOA, 2017 patios are defined as an area where food and drink is served including outdoor areas where seating tables are provided for patrons to consume their meal or beverage. Bar and restaurant owners as well as event operators must:

• Give notice to staff and patrons that smoking or vaping is not allowed in the smoke-free and vape-free areas.

• Post “No Smoking” and “No Vaping” signs, or a dual “No Smoking and No Vaping” sign at entrances, exits and washrooms of the smoke-free and vape-free areas, in appropriate locations and in sufficient numbers, to ensure that staff and customers are aware that smoking and vaping is not allowed.

• Ensure that no ashtrays or similar items remain in the smoke-free and vape-free areas.

• Ensure that workers and customers do not smoke or vape in smoke-free and vape-free areas.

• Ensure that someone who refuses to comply with Ontario’s smoking and vaping laws does not remain in the smoke-free and vape-free area.

The health unit provides signs free.

Public health recommendations for expanding licensed patios and alcohol service on municipal property

In order to minimize the above potential risks, the WECHU recommends the following:

• Require all licensed establishments to submit an application to the City of Windsor for any proposed expansions to patios where alcohol and food will be served to allow for pro-active inspections.

• Request consultation with public health inspectors and Tobacco and Vaping Enforcement Officers for all issued permits involving new or expanded areas where food and drink is served.

• Require that designated alcohol service and consumption areas for both patios and Special Occasion Permit (SOP) events are physically separated from non-designated areas by maintaining the current Municipal Alcohol Policy for the City of Windsor (2015) (MAP), “Requirements for Outdoor Temporary Liquor Facilities” (p. 23), including the use of temporary fencing if necessary.

  • Maintaining fenced areas reduces the risk of liability and helps ensure safety requirements are met, such as monitoring and controlling entries and exits, and enforcing sales regulations including not serving underage patrons. Proper barriers also help with ensuring no outside alcohol is brought into a space, supervising patrons for their safety while consuming alcohol, and ensuring that expelled patrons remain out (OPHA, 2019).

  • Barriers containing the event to one defined space also allow for enhanced security and improved enforcement and compliance with regulations such as those found within the Smoke-free Ontario Act, 2017.

• Require signage at designated exit points to ensure alcohol does not travel outside of designated spaces

• Ensure that expansion areas for patios or event spaces under a Special Occasion Permit (SOP) with alcohol service are not adjacent to areas where youth or vulnerable populations frequent (e.g. youth-serving facility access, mental health or addiction facility access, playground or recreational equipment in a park).

• For the time being, require physical distancing measures to be demonstrated in permits for patio expansions, and SOP applications where food and drink will be served on municipal property.

• Specify the times permitted for alcohol service and retain permissible times stated in the current MAP (OPHA, 2019).

• Ensure that municipal staff are able to monitor and enforce relevant municipal bylaws at all times that alcohol service is authorized, if on municipal property such as a park (OPHA, 2019).

• Install security cameras on municipal property where alcohol is being served, and encourage licensed establishments to do the samCeon(Lsoielidmat,e2d0A1g8e)n.da - Council Meeting July 13, 2020