(A) For the consideration of the city allowing place seating on any public sidewalk or in the public right-of-way, the person or business entity shall obtain a sidewalk dining license from the city.
(B) Duration. The license shall not be issued for more than a single calendar year.
(C) Effective date. Upon issuance of a sidewalk dining license by the city and payment of the annual license fee by the licensee, the licensee is permitted to place seatings on the public sidewalks in the designated sidewalk dining area on a continuous basis from March 1 until November 31.
(D) Fixed seatings. The sidewalk dining license shall state the maximum number of permissible seatings and define sidewalk dining area where they are permitted to be set up.
(E) No assignment. Any license issued by the city to allow for a sidewalk dining area on the public sidewalks shall not be assigned or transferred to third party without the prior written consent of the Administrative Officer.
(F) Revocable license.
(1) A license may be revoked by the city upon seven (7) days’ written notice upon a finding by the Administrator Officer that the licensee has violated any terms of this subchapter, has failed to abide by the terms or conditions set forth in the license, or upon a finding by the Administrative Officer that the licensee has violated other city ordinances or state or federal law. A sidewalk dining license may also be revoked by the Administrator Officer if the licensed establishment has two or more convictions for violating the city’s noise control ordinance or Criminal Nuisance Ordinance within a twelve (12) month period, or the licensee or an employee of the establishment has been convicted of serving alcohol to a minor.
(2) If a sidewalk dining license is revoked, the licensee shall be eligible to reapply for a license after a one (1) year has passed from the date of the license revocation.
(3) If an emergency exists, as determined by the Administrative Officer or any public safety officer, and it is found to be necessary to preserve public safety or preserve public travel on the adjoining roadway or public sidewalk, the Administrative Officer may summarily suspend the sidewalk dining license and require that the sidewalk dining area be cleared for seventy-two (72) hours duration before having to issue any subsequent written notice or findings otherwise required by this section.
(4) The licensee may appeal any revocation or suspension to City Council of Bellevue within seven days of the notice of revocation. Licensee shall not be entitled to any compensation, damages or rebate for revoked or suspended licenses even if the license is subsequently reinstated by the City Council of Bellevue after appeal. If a former licensee fails to appeal a license revocation within the time frame set forth herein, such decision shall not be subject to further review.
(Ord. 2012-05-02, passed 6-13-12; Am. Ord. 2019-02-02, passed 3-13-19)