ARTICLE 4.12 VALET PARKING SERVICES

For failure to pay a permit fee when due, the city manager or his designee may revoke the permit or add a penalty of ten percent of the original permit processing fee on the last day of each month after the due date, provided that the total penalty does not exceed fifty percent of the original fee.

Any person who operates a valet parking service prior to obtaining a permit shall pay a penalty of double the permit processing fee. The payment of the penalty shall not relieve such person from the obligations imposed by this article, or from the penalties otherwise prescribed herein.

(c)

Any person violating this article or any condition of a permit issued pursuant to this article shall be guilty of a misdemeanor and may be subject to revocation of any permit issued as set forth in section 4.12.043.

(1996 Code, sec. 10.2706)

§ 4.12.004 Operating requirements.

The permittee shall at no time, unless expressly authorized by the permit, park or leave standing any patron’s or guest’s vehicle upon any portion of a public right-of-way or other public property (including any publicly owned off-street parking space).

No operator shall park any patron’s or guest’s vehicle upon private property without express authorization by the owner or other person in charge of such private property.

(c)

No operator shall fail to provide adequate staffing to park vehicles so that traffic is not impeded by the activities of the permit. No vehicle may stop or stand at a drop-off or loading area for longer than five minutes.

(d)

Pedestrian walkways must not be blocked at any time during valet parking operations and operators must provide a minimum pedestrian passing clearance of five feet.

(e)

No operator shall fail to give a claim check to the owner upon receipt of each motor vehicle accepted for valet parking. The claim clerk shall explicitly state the terms and conditions under which the vehicle is being accepted.

(f)

Except where a patron or guest parks his or her own vehicle, the attendant parking a vehicle shall lock the ignition and the vehicle, remove the key and place the key in a safe place. The attendant shall not place the key in or upon the vehicle parked.

(g)

A copy of the operator’s permit must be displayed at every valet parking operation site.

(h)

Each permittee shall install and maintain, at each location in a nonresidential zone at which a patron or guest surrenders his or her vehicle for parking, a reflective sign with contrasting letters and numerals plainly visible from the street, displaying “Public Valet Parking,” the permittee’s name, the address and telephone number of the business, the time when the permittee is no longer on duty, and the parking fees, if any.

Valet signs must not be less than twenty-four by thirty-six inches in size. The “Valet Parking” and the maximum rate portion of the sign must have a minimum lettering/numeral size of three inches per character.

(i)

The permit holder and employees of the permit holder shall cause a placard, to be developed and furnished by the police department, to be displayed on the rearview mirror of any valet-parked vehicle at all times the vehicle is under the permit holder’s custody and control. The placard shall be placed so as to be visible from the outside through the front windshield of the vehicle.

(j)

The permittee, or his agents and employees, shall notify the city police department whenever a vehicle has been left in his or her custody for a period in excess of forty-eight hours without a prior contractual arrangement for such period of time in order to determine whether the vehicle is stolen or abandoned.

(k)

The permittee and all employees of the permittee who drive patrons’ or guests’ vehicles or who handle keys belonging to patrons or guests shall each have an appropriate current and valid driver’s license.

(1996 Code, sec. 10.2705)

§ 4.12.005 Insurance.

Prior to the issuance of a permit under this article, the applicant shall obtain a business auto liability policy, to include garagekeeper’s legal liability, with a limit of not less than one hundred thousand dollars for each accident.

The city shall be covered as an additional insured under the business auto liability policy of the permittee.

(c)

Insurance must be placed with insurers admitted in the state or have a current A.M. Best rating of no less than A+.

(d)

Any deductibles must be declared and approved by the city. Self-insurance is not approved in lieu of a policy of insurance.

(e)

The insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty days’ prior written notice by certified mail has been given to the city.

(f)

Prior to the issuance of a permit under this article, and at all times while the permit is in effect, the applicant shall maintain on file with the city proof of the insurance required herein and provide the city a copy of applicable insurance policies.

(g)

If the insurance policies issued to the permit holder pursuant to this article are cancelled for any reason, the permit issued under this article is automatically suspended. In order to reinstate the permit, the permit holder shall provide a new certificate and policy of insurance to the city.

(h)

The permittee shall maintain in force and effect at all times while the permit is in effect workers’ compensation insurance as required by law.

(1996 Code, sec. 10.2708)

§ 4.12.006 Indemnification of city.

The permittee, and any person acting under or pursuant to an operator’s permit, agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the city, its council and each member thereof and its officers, employees, board and commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments, and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of:

Any use or performance under the permit;

§ 4.12.007 Authority to issue additional regulations.

The activities and operations of the permittee and his or her employees, subcontractors or agents;

(3)

Any condition of property used in the operation; or

(4)

Any acts, errors or omissions (including, without limitation, professional negligence) of the permittee and his or her employees, subcontractors or agents in connection with the valet parking operation.

(1996 Code, sec. 10.2709)

The city manager or his designee may from time to time issue written regulations for distribution to applicants and permittees regarding the implementation of the provisions of this article, including, but not limited to, the safe and lawful conduct of all valet operations, permit application procedures and permit standards.

§ 4.12.009 Compliance with applicable laws.

Such regulations shall be binding upon applicants and permittees, who shall comply with such written regulations as a term and condition of the permit.

(1996 Code, sec. 10.2710)

§ 4.12.008 Authorized parking zones.

A valet parking operation in nonresidential zones may be conducted only at a location and during hours approved by the permit and designated by official valet parking signs stating the authorized location and hours of operation. Permits shall designate the specific location for which a valet parking operation in a nonresidential zone is approved. Valet parking operations are permitted as a special privilege and not as a matter of right and are considered temporary, nonpermanent and for a nonexclusive use of the specific location.

(1996 Code, sec. 10.2711)

Nothing in this article is intended to authorize or authorizes the parking of motor vehicles by valet parking operators and sponsors in a manner contrary to, and all permittees shall comply with, applicable state laws and local parking and traffic regulations, including the city code.

(1996 Code, sec. 10.2712)

§ 4.12.010 through § 4.12.040. (Reserved)

Division 2 Permit

§ 4.12.041 Required.

The city council finds that valet parking requires specific regulation in order to maintain the public health, safety and welfare of the citizens of the city. No person(s) shall engage in, conduct or carry on the business of valet parking, in a nonresidential zone, where movement of vehicles is on or over any public right-of-way or public property, without a city-issued valet parking permit.

(1996 Code, sec. 10.2703)

§ 4.12.042 Application; issuance.

Regular and temporary valet parking permits shall be issued as follows:

Generally.

All regular and temporary permit applications shall be completed on a form designed by the city and signed by the applicant; all forms shall be filed with the city manager or his designee a minimum of five days prior to the date requested for the issuance of the permit. Regular valet parking permits shall be issued annually. Renewal applications for regular permits shall be filed a minimum of thirty days prior to the expiration of any existing permit. Where the applicant is a corporation, association, partnership, or other legal entity, “applicant” shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent of such entity. All applicants for valet parking permits shall provide the following information with their applications:

(A)

The name and location of the business(es) to be served (if applicable);

(B)

The hours of operation and the number of employees of the operator who will be assigned to carry out the activity for which the permit is sought;

(C)

Information as to the seating capacity or other capacity of the business(es) to be served (if applicable);

(D)

A statement from the owner(s) or manager(s) of the business(es) requesting the services of the operator (if applicable);

(E)

The location(s) where vehicles will be parked or stored for the business(es) served (if applicable);

(F)

The name, location, and telephone number where a responsible person, employee, or agent of the operator will be available at all times during the hours of operation;

(G)

Disclosure of all prior valet parking permits issued to the applicant by the city during the prior twelve months;

(H)

A statement from the operator(s) of any parking facility designated as the parking or storage location(s) as to that facility’s ability to accept the cars, the number of spaces to be reserved for the permittee’s operations, the total number of spaces in such parking facility, and estimates of the percent of usage of the facility prior to and subsequent to the proposed activity for which the permit is sought. In cases where the parking facility is part of a building or premises devoted to other uses which require off-street parking, the statement shall also include information as to the number of parking spaces which were required by law to be provided in the parking facility to serve such other uses when said uses were established (for use in nonresidential zones);

(I)

A copy of the written contract or covenant between the applicant and the operator of the parking facility designated as the parking or storage location(s), which contract or covenant shall contain a provision that it cannot be canceled without at least sixty days’ notice to the other party and to the city (for use in nonresidential zones);

(J)

The location of any proposed signs for the valet parking service and any proposed attendant stand. An attendant stand, not exceeding four feet (4') in height, three feet (3') in width, or eighteen inches (18") in depth, shall be located on the private property adjacent to where the valet service is being performed. A sign, stating “Valet Parking” and not exceeding 24" by 36" in size, shall be installed on the face of the attendant stand. Only one attendant stand shall be permitted at any business address;

(K)

Proof that the applicant has insurance in force acceptable to the city risk manager;

(L)

Payment of a nonrefundable permit fee in an amount to be set by resolution adopted by the city council.

Temporary permit.

In a circumstance involving a nonrecurring special event or a special need of an applicant to commence operations prior to the time an application can be processed for regular permit issuance, a temporary parking permit for a period of operation not exceeding two calendar days may be issued by the city manager or his designee upon the submittal of an application, accompanied by the applicable fees, the certificate of insurance required by this article, and such other information as the city manager or his designee determines is necessary to assess the requested application.

(1996 Code, sec. 10.2704)

§ 4.12.043 Denial or revocation.

A permit may be revoked or denied by the city manager or his designee if:

The permittee, or his agents or employees, through carelessness, negligence or failure to make proper provision for the safeguarding of vehicles left in his custody, has facilitated or contributed toward the theft or conversion of any such vehicle;

The permittee, or his agents or employees, has failed to cooperate with the city police department in the investigation of any accident involving a patron’s vehicle, or a theft or other crime committed on a parking lot used or which arose out of the conduct of the business for which the permit was issued;

(3)

The permittee, or his agents or employees, knowingly delivered a vehicle in his custody to a person who is neither the registered owner thereof nor entitled to the custody of such vehicle;

(4)

The permittee has made a material misrepresentation in his application;

(5)

The business or valet operation of the permittee has substantially impacted traffic or disrupted the peace and quiet within any area of the city;

(6)

The valet parking operation at the specified locations is found to be incompatible with other uses in the vicinity;

(7)

The permittee has violated any condition of a previous or existing permit within the city during the past five years;

(8)

The proposed valet operation fails to comply with other criteria designated under this article for the issuance of a permit or any other rules or regulations governing valet parking;

(9)

The building, structure, premises or equipment used by the permittee to conduct business fails to comply with all applicable health, zoning, fire, building and safety laws of the state or the city; or

(10)

The permit holder and his employees fail to cause the placard required by section 4.12.004(i) to be displayed at all times a vehicle is in their custody and control.

An applicant/permittee shall be notified in writing when a permit is denied or revoked.

(1996 Code, sec. 10.2707)

§ 4.12.044 Special conditions.

Conditions reasonably necessary to protect the peace and tranquility of any area, mitigate traffic impacts, protect other uses in the area, or protect the public health, welfare and safety may be imposed on permits and may be modified, subject to the permit holder’s right to notice and the opportunity to be heard.