Vittoria Trattoria fined $880 for enclosed patio tent

As restaurants try to make their patios more comfortable for patrons as the weather turns colder and wetter, some are running afoul of the pandemic-era rules, while others are trying to figure out how or whether they can stay open.

Vittoria Trattoriawasfined $880 and FratelliKanatawas issued an official warning because the tents protecting their patios don't allow for enough ventilation.

While many others are following the rules for outdoor dining the only option available to them since the province placed harsher restrictions on Ottawa restaurants and bars earlier this month they are struggling to find a way to surviveduring colder months.

When restaurants and barswere allowed to reopen for in-person service back in July, the province and Ottawa Public Health (OPH) laid out a long list of requirements for owners, including rules about patios.

"If the outdoor dining area is covered by a roof, canopy, tent, awning or other element, at least two full sides of the outdoor dining area must be open to the outdoors," according to provincial orders and OPH's guidance for restaurants.

Keeping the walls of tents rolled up wasn't a major concern during the warm summer months. But as the temperature has fallen in recent weeks, the city's bylaw department took to social media last week to remind dining establishments of the tent rules.

Some didn't get the message.

After receiving complaints about how closed in their tents seemed, bylawissued Fratelli Kanataon Terry Fox Drivea warning on Friday, and fined Vittoria Trattoriaon Rivergate Way$880 on Sunday evening.

Bylaw had called Vittoria Trattoria last week to warn them about the tent,but co-owner Domenic Santaguidasaid the message left with a staff member didn't seem very official, so he thought it was a crankcall.

Santaguidasaid he's planning to challenge the fine, but he's more worried about how the restaurant can stay open under the current rules.

"We're trying it, but 30 per cent is the maximum we feel that we can open and still kind of give our guests a good experience," Santaguida told CBC.

"Even though they've said we can have the patios going until January, I don't know how anyone expected patios to be going until January with no sides."

The covered patio at Vittoria Trattoria is in the parking lot, so there isn't any protection from the elements from adjacent buildings. He said he's always had at least some of the tent open, but having two walls completely exposed isn't viable.

Santaguida said the 40 seats on the patio was a quarter of the restaurant's pre-pandemic capacity. The outdoor dining allowed him to hire three employees full time.

"But not with the sides 50 per cent open," he said. "It'sjust not feasible."

Winter patios more money, red tape

According to John Borsten, whoowns the Zak'srestaurant chain and is a partner in a number of other restaurants, the patio rules of keeping two sides of the tent open are relatively well-known in the industry.

"It makes sense if you think that dining inside is dangerous," he said but it's a big challenge for restaurants "to be able to stay in the game."

Many owners are assuming that the ban on indoor dining will continue past the 28-day minimum set by the province. They're trying to buy tents and heaters, which are hard to find and expensive, Borstensaid.

As well, trying to operateoutdoors in winter comes with more municipal red tape.

Thetents that most restaurants have up now won't withstand snow, so they'll have to be replaced.

However, due to their size and construction, some winter-worthy tent setups will require building permits from the city. And, as it stands, it's restaurants that will have to pay to clear snow from patios oncity property.

These details are still being worked out between businesses and city officials. But it's a lot of work and expense for an experiment that may not pan out, Borsten said.

"This is a crazy situation and you've got to have the wherewithal to hang in there," he said. "And the biggest problem is just how every two weeks is a whole new game I mean, will people eat out there when it's 20 C?

"I don't know, but I'm going to find out."