Public streets and rights-of-way protect individual freedom
of travel and the unobstructed flow of commerce. The City of Santa
Monica recognizes that the use of public streets and rights-of-way
for valet parking operations, while providing a public benefit to
some by making parking more convenient, may also impede travel, interfere
with the rights of many others using the streets and the rights-of-way,
and may affect the public safety and create a public nuisance. The
City may therefore permit and restrict valet parking operations as
a special privilege, not as a matter of right. The approval of any
permit for the use of the public right-of-way is on a temporary basis
and is for a nonexclusive use of the public right-of-way. Permittees
shall have neither property interest in nor any entitlement to the
granting or continuation of any permit for the use of any public right-of-way.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
For purposes of this Chapter, the following words shall have
the following meanings:
shall mean any company engaged in the business of valet parking.
shall mean any company permitted by the City of Santa Monica
to operate, for profit, a valet parking service that would use the
public right-of-way for pick-up, drop-off and/or movement of vehicles
to be parked.
shall mean any area dedicated for public use as a public
street, pedestrian way, or other thoroughfare, including but not limited
to, streets, roadways, parkways, alleys, sidewalks, and pedestrian
ways.
shall mean and include a business establishment engaged in,
conducting or managing the parking of other persons' motor vehicles,
whether such persons are employed by, or under contract to, the business,
residence or other organization for which the vehicles are being parked
or whether such persons are operating independently thereof.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
The City Council finds that valet parking requires specific
regulation, in order to maintain the public health, safety and welfare.
No person(s) shall engage in conduct or carry on the business of valet
parking where movement of vehicles is on or over any public right-of-way
or public property without a City-issued valet parking permit.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
Regular and temporary valet parking permits shall be issued
as follows:
(a)
All regular permit applications shall be completed on a form designated
by the Transportation Management Division, and signed by the applicant
under penalty of perjury. All forms shall be filed with the Transportation
Management Division a minimum of thirty days prior to the date requested
for the issuance of the permit. Regular valet parking permits shall
be issued annually. Renewal applications shall be filed a minimum
of thirty days prior to the expiration of any existing permit. Where
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:
(1)
The name and location of the businesses to be served (if applicable);
(2)
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;
(3)
Information as to the seating capacity or other capacity of the businesses
to be served (if applicable);
(4)
A statement from the owners or managers of the businesses requesting
the services of the operator (if applicable);
(5)
The location(s) where vehicles will be parked or stored for the businesses
served (if applicable);
(6)
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;
(7)
Disclosure of all prior valet parking permits issued to applicant
by the City of Santa Monica;
(8)
The routes to be used between the passenger loading zone or other
vehicle pickup point and the parking or storage location;
(9)
A statement from the operator(s) of any parking facility(ies) 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(ies),
and estimates of the percent usage of the facility(ies) prior to,
and subsequent to the proposed activity for which the permit is sought.
In cases where the parking facility(ies) 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(ies)
to serve such other uses when said uses were established;
(10)
A copy of the written contract or covenant between the applicant
and the operator of the parking facility(ies) 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;
(11)
The location of any proposed signs for the valet service and any
proposed attendant stands;
(12)
Proof that the applicant has insurance in force satisfying the requirements of Section 6.120.090 acceptable to City of Santa Monica Risk Manager;
(13)
Payment of a nonrefundable permit fee and space use fee in an amount
to be set by resolution adopted by the City Council.
(b)
Temporary Valet Parking Permits. In a circumstance involving a non-recurring
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 seven calendar days may be issued by the Director of Planning
and Community Development upon the submittal of an application, accompanied
by the applicable fees, the certificate of insurance required by this
Chapter, and such other information as the Director determines is
necessary to assess the requested application.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01; amended by Ord. No. 2458CCS § 14, adopted 5/27/14)
(a)
The permittee shall at no time, unless expressly authorized by the
permit, commit or do any of the following acts:
(1)
Receive, take possession of (for the purpose of parking or temporary
storage until the return of the same to the patron or guest), or move
a patron's or guests vehicle upon any portion of the public right-of-way
or other public property; or
(2)
Park and 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).
(b)
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 queuing is allowed on the public right-of-way at any time.
No vehicle may stop or stand at a drop-off or loading area for longer
than fifteen minutes.
(d)
Pedestrian walkways must not be blocked at any time during valet
operations and 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 check
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 complete with route diagram must
be maintained at every valet parking operation site.
(h)
Each permittee shall install and maintain, at each location at which
a patron or guest surrenders his or her vehicle for parking, a yellow
reflective sign with blue 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. If fees
are charged, such fees also shall be stated as follows:
(1)
Rates per hour;
(2)
Rates per fraction of an hour, if any;
(3)
Rates for subsequent hours or fractions thereof; and
(4)
The maximum charge.
All fractions of time must be spelled out in letters. 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)
Valet zones shall be a minimum of one parking space in length not
to exceed forty feet. Except as provided in Section 6.120.150, for
the Downtown District, valet zones shall be a minimum of two parking
spaces not to exceed fifty feet in length.
(j)
At each closing time, the operator shall lock or cause to be locked
each vehicle, except those locked by the person bringing the vehicle
to the valet parking service, if a key is available, and shall deposit
or cause to be deposited such key with a responsible person at a safe
and convenient place, to be delivered to the person who parked the
vehicle upon surrender of the parking ticket if one was given to such
person, or otherwise upon proof that such person has the right to
possess the vehicle.
(k)
The permittee, or his or her agents and employees, shall notify the
Santa Monica 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.
(l)
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 California driver's
permit.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
(a)
For failure to pay a permit fee when due, the Transportation Planning
Manager 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.
(b)
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 Chapter, or from the penalties otherwise
prescribed herein.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
(a)
A permit may be revoked or denied by the Transportation Planning
Manager if:
(1)
The permittee, or his or her agents or employees, through carelessness,
negligence or failure to make proper provision for the safeguarding
of vehicles left in their custody, has facilitated or contributed
toward the theft or conversion of any such vehicle; or
(2)
The permittee, or his or her agents or employees, has failed to cooperate
with the Santa Monica Police Department in the investigation of any
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;
or
(3)
The permittee, or his or her agents or employees, knowingly delivered
a vehicle in their custody to a person who is neither the registered
owner thereof nor entitled to the custody of such vehicle;
(4)
The permittee does not have a valid Police permit from the City of
Santa Monica;
(5)
The permittee has made a material misrepresentation in his/her application;
(6)
The business or valet operation prescribed by the permittee has substantially
impacted traffic or disrupted the peace and quiet within any area
of the City;
(7)
The valet parking operation at the specified locations is found to
be incompatible with other uses in the vicinity;
(8)
The permittee has violated any condition of a previous or existing
permit within the City of Santa Monica during the past five years;
(9)
The proposed valet operation fails to comply with other criteria
designated under this Section for the issuance of a permit or any
other rules or regulations governing valet parking;
(10)
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 of California or the City
of Santa Monica.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
(a)
Prior to the issuance of a permit under this Chapter by the Transportation
Planning Manager, the applicant shall maintain 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.
(b)
The City of Santa Monica 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 of California
or have a current A.M. Best rating of no less than A:6.
(d)
Any deductibles must be declared and approved by the City of Santa
Monica. 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 Chapter, 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 Chapter are cancelled for any reason, the permit issued under
this Chapter 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.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
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: (1) any use or performance
under the permit; (2) 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.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
(a)
The Director of Planning and Community Development may from time
to time issue written regulations for distribution to applicants and
permittees regarding the implementation of the provisions of this
Chapter, including, but not limited to, the safe and lawful conduct
of all valet operations, permit application procedures and permit
standards.
(b)
Such regulations shall be binding upon applicants and permittees,
who shall comply with such written regulations as a term and condition
of the permit.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
A valet parking operation may be conducted only at a location
and during hours approved by the director 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 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. Where multiple valet parking operation locations on any
particular street are found by the Director of Planning and Community
Development to unreasonably and regularly interfere with the use of
available street parking, the Director may issue a permit that designates
the same location for a second or more valet parking operations.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
(a)
Nothing in this Chapter 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
Santa Monica Municipal Code.
(b)
If a parking meter is present at the location reserved for valet
parking, the permittee need not use the parking meter but may, during
the hours of authorized valet parking operations at that location,
cover the parking meter in a manner approved by the Director of Planning
and Community Development. Parking meter covers will be issued by
the Director.
(c)
A parking meter cover fee may be charged, which fees shall be set
from time to time by resolution of the City Council.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
(a)
Conditions reasonably necessary to protect the peace and tranquility
of any residential 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.
(Added by Ord. No. 2000CCS §
1, adopted 3/6/01)
