[Adopted 5-9-2015 by L.L.
No. 1-2016]
Valet parking shall be permitted when authorized by a license
issued by the Village Clerk.
In addition to such other signs as may be permitted by the Village,
additional temporary/portable signs stating "Valet Parking" and the
name of the business may be erected at a location approved by the
Police Commissioner of sufficient size to be visible from the street
to the extent deemed by the Police Commissioner to be necessary to
inform the public of the valet parking operation. Such temporary/portable
signs shall be displayed and maintained on private property and shall
not be placed in the public right-of-way. Such signs shall only be
displayed during valet operation hours and shall be removed at the
end of each day.
The stopping or standing of vehicles for pickup and for delivery
and the parking thereof by the valet parkers shall be solely at locations
which: do not prohibit the stopping or standing of vehicles; do not
unreasonably interfere with traffic; do not interfere with public
parking areas; may not reserve public parking areas for valet parking;
and do not unreasonably interfere with the peace and quiet of nearby
property owners. The applicant shall submit a valet parking plan sufficiently
describing the proposed valet operation, to be approved in advance
by the Police Commissioner.
Except to avoid an imminent accident or when directed by a police
officer, under no circumstances shall a vehicle which is stopped,
is standing or is otherwise being operated on the public streets of
the Village for valet parking purposes, which is being operated by
or directed by the valet parkers or someone on behalf of the valet
parkers or on behalf of the owner, operator, manager, or any other
agent or employee of the principal use for which the valet parking
is being provided, violate any of the provisions of the New York State
Vehicle and Traffic Law or the ordinances or local laws of the Village
of Atlantic Beach.
The valet parkers shall, at all times, operate the vehicles
which they are parking in a manner so as not to adversely affect nearby
property owners. Valet parkers shall only operate valet vehicles to
and from permitted valet parking locations. Accordingly, the valet
parkers shall not permit the radios in the vehicles they are operating
to be heard outside the vehicles; shall not operate the vehicles they
are parking in such a manner as to cause their tires to "squeal" or
make other noises by rapidly accelerating or decelerating, except
to avoid an accident; and shall not sound their horn except to avoid
an accident, and then only to the minimum extent necessary.
An application for a Village license shall be submitted on a
form promulgated by the Village Clerk. Such license for valet parking
at a specific location may be issued for a period of one year and
shall automatically expire at the end of said year unless renewed
by the permittee, with the approval of the Police Commissioner, for
another year.
Upon initial application for a valet parking permit, pursuant
to this chapter and upon subsequent renewals of such permit, the applicant
shall pay a fee to the Village as shall be set from time to time by
resolution of the Board of Trustees.
A.
No person or legal entity shall operate or permit to be operated,
on any premises in the Village, a valet business without a current
valet license having been issued by the Village Clerk.
B.
Notwithstanding that an applicant has not received any summonses
or been found guilty of any violations of the New York State Vehicle
and Traffic Law or the Village's ordinances and local laws, the
Police Commissioner shall not be precluded from temporarily suspending
or revoking a license, or denying a license or a renewal of a license
if there is sufficient evidence for the Police Commissioner to believe
that the applicant or the individuals who will be responsible for
the business or the valet parking operations have not or will not
comply with the conditions set forth in this section or with the laws,
ordinances and regulations of the Village of Atlantic Beach and/or
the State of New York.
Any determination of the Police Commissioner under § 130-22 hereof is reviewable by the Board of Trustees, provided that a written letter of appeal is filed with the Village Clerk within 15 days after a written determination of the Police Commissioner has been served upon the licensee/applicant in any manner permitted for personal service on an individual or corporation under the laws of the State of New York. In the event of a timely appeal, the Board of Trustees shall consider the matter under such due process standards as it shall promulgate and render its decision expeditiously.
As a condition of the grant of a license or any renewal thereof,
the applicant shall provide proof of general liability insurance acceptable
to the Village, insuring against damage to the property of customers
or other persons in the area caused by the actions of the applicant/licensed
valet company and/or its agents or employees. Such insurance shall
be in the amount of a minimum of $1,000,000 for each occurrence/$2,000,000
general aggregate. The certificate holder is to be listed as an additional
insured as required by written contract.
As a condition of the grant or renewal of a valet operator's
license, the applicant shall provide the name and phone number of
a responsible representative of the valet company who is ready, willing
and able to address any and all issues arising during the period of
operations in an expeditious manner. Such information shall be kept
current at all times by the licensed valet company.
Any person or legal entity who shall commit a violation of any
section of this article shall be guilty of a violation punishable
by a fine not exceeding $1,500 per instance or by imprisonment for
a period not exceeding 15 days, or by both such fine and imprisonment.
The provisions of this article are severable, and if any sentence,
section, or other parts of this article should be found to be invalid,
such invalidity shall not affect the remaining provisions, and the
remaining provisions shall continue in full force and effect.
