Outdoor Reception Rules: Event Space or Outdoor Gathering?

That's a great idea. They do serve food, so I'll check if they have their food license but I would think they do... And they have a full kitchen so yes, maybe if the caterer just uses it, it would be fine?

Thank you!

Dancing is not licensed, so it's an activity that can take place anywhere. The clause to ban it ensures it won't happen.

Food service is licensed. If the venue doesn't have a food license, it can't serve food anyway.

Because your venue is not the one preparing and serving the food, the restaurant rules don't apply. It might be different if the caterer is using the venue kitchen facilities overseen by the venue manager. Maybe get your venue to talk directly to the caterer?

Interesting... So according to what you outlined, Meeting & Event Spaces are exempt from the "Outdoor Gathering" rules... But only for non-food related events? You're right that they don't mention anything about food in the Meetings & Events section but I would think that if it were prohibited, they would have mentioned it since they specifically call out no dancing. I feel like I'm in some crazy puzzle. So below I had read:

"Is it the fact that the caterer is from outside the actual event space that I'm having an issue?"

I think so.

If you look at SCHEDULE 3, SECTION 1, it states:

For greater certainty, the limits in clause (1) (c) apply to a social gathering associated with a wedding, a funeral or a religious service, rite or ceremony, such as a wedding reception

And SCHEDULE 3, SECTION 3 states:

3.1 The prohibitions on attendance at a social gathering in subclause 1 (1) (b) (ii) do not apply with respect to attendance at,

(a) a meeting or event space operating in compliance with section 4 of Schedule 1;

(b) a food or drink establishment operating in compliance with section 1 of Schedule 2;

So the 25% deal for meeting and event spaces seem to be geared towards meetings and sit down based events without food and drink, like lectures or town halls, while wedding receptions are specifically outlined in Schedule 3 section 1 ie private gathering limits. Because certain venues are running their own food operation and are therefore technically a restaurant, that hard number limit doesn't apply. Notice how Section 4 makes no mention of food in their other uses clauses? I think the event space rule is based on spaces that can be used for events but not necessarily a food handling premise. And if your caterer is not using the venue's kitchen to make and serve the food, then they're technically not operating as a restaurant.

Thanks so much Hank! That's very helpful to understand. Schedule 1 Section 4 (4) [further down from what you mentioned about the camps] it does call out that event spaces can be rented for purposes outside of those listed, as long as they following the following guidelines (capacity 25%, 6 people per table, no dancing, and the list goes on...) which is why I thought receptions would fall under that specific clause.

I'd have to check on my event spaces' food license. I know that they serve food there, they just aren't equipped to serve the food for my wedding. Is it the fact that the caterer is from outside the actual event space that I'm having an issue?

Understood on the square footage. I used the entire outdoor patio space, where they usually have tables & chairs set up. So it isn't the "total" outdoor space available, but specific to that patio section.

Event spaces in Step 2 are technically only allowed to operate for very specific reasons: camp, child care, social services, government services, etc. A wedding reception can only be allowed in an event space if the space has a valid food handling license, which would make them a "restaurant" and therefore an operator that can control that kind of thing. It sounds like because your caterer is an external vendor and therefore not the operator nor a contractor of the venue, they're using the private gathering rules. It's like getting take out and bringing it to your backyard.

Does your venue normally seat 190 people in a dining capacity outdoors though? I ask this because you mention a space of 1900 sq ft and dinner seating is usually 10 sq ft per person at normal events. While event venues are allowed 25% of their outdoor space, this calculation is based on what is normally used as the event area, not the total square footage based on its combined outdoor real estate. For example, if your venue is a golf course with several acres of land that has a cafe patio that normally seats 40 people pre-covid for refreshments, you wouldn't calculate the your gathering limit based on space that includes the green. It would be 25% of whatever that space that seats 40 is.