For purposes of this chapter, the following words shall have
the following meanings:
shall mean any area dedicated for public use as a public
street, pedestrian way, or other thoroughfare, including but not limited
to, roadways, parkways, alleys, sidewalks, and pedestrian ways.
shall mean and include a business establishment engaged in,
conducting or managing the parking of other person's 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.
(Prior code § 6369(a); Ord. 90-269 § 1, 1990)
1.
Application Requirements. In addition to the requirements
prescribed by the Director, an applicant for a valet parking service
license shall provide the following information with the application:
(a)
The name and location of the business 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 license
is sought;
(c)
Information as to the seating capacity or other capacity of the business
operation to be served (if applicable);
(d)
A statement from the owner or manager of the business to be served
requesting the services of the operator (if applicable);
(e)
The location(s) where vehicles will be parked or stored for the business
served (if applicable);
(f)
The routes to be used between the passenger loading zone or other
vehicle pickup point and the parking or storage location;
(g)
A statement from the operator of any parking facility designated
as the parking or storage location as to that facility's ability to
accept the cars, the number of spaces to be reserved for the licensee's
operations, the total number of spaces in such parking facility, and
estimates of the percent usage of the facility prior to, and subsequent
to the proposed activity for which the license 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;
(h)
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, which contract or covenant shall contain a provision
that it cannot be canceled without at least thirty days' notice to
the other party and to the city; and
(i)
The location of any proposed signs for the valet service and any
proposed attendant stands.
2.
Short-Term License. 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 license
issuance, a short-term license for a period of operation not exceeding
seven calendar days may be issued by the Director upon the submittal
of an application, accompanied by the applicable fees, and the certificate
of insurance required by this chapter. Any other requirement of this
chapter may be waived by the Director in connection with a short-term
license if the Director finds and determines that it would be impossible
or impractical for the applicant or licensee to comply with such requirement
and that compliance with such requirement is not necessary in order
to protect the interest of the city or the public peace, health or
safety. Nothing in this chapter shall preclude the reissuance of any
such special license or the issuance of any new special license.
(Prior code § 6369(b); Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
1.
Operating in the Public Rights-of-Way. The licensee shall
follow its approved valet route plans. The licensee shall at no time,
unless expressly stated on the license, commit or do any of the following
acts:
(a)
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 guest's vehicle upon any portion of the public right-of-way
or other public property; or
(b)
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).
2.
Parking on Private Property. It shall be unlawful for any
operator to 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.
3.
Parking Lot Attendants. The licensee shall employ parking
lot attendants sufficient in number to park vehicles so that traffic
on highways or sidewalks or both will not be impeded by the activities
of the licensee.
4.
Locking of Vehicles. 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.
5.
Sign Requirements.
(a)
Each licensee shall install and maintain, at each location at which
a patron or guest surrenders his or her vehicle for parking, a sign
plainly visible from the street with letters and numerals in contrasting
colors, showing the licensee's name, the address and telephone number
of the business, the time when the licensee is no longer on duty,
and the parking fees, if any. If fees are charged, such fees also
shall be stated as follows:
(b)
All fractions of time must be spelled out in letters.
(c)
Valet Signs on the Public Right-of-Way.
(1)
Each licensee is permitted to place one freestanding portable sign
on the sidewalk at each parking lot entrance under the following conditions:
(i)
The sign shall be limited to ten square feet in area and the
top of the sign shall be no higher than five feet above the grade
of the public right-of-way.
(ii)
All numbers and lettering that refer to the parking rates charged
shall be of uniform size and font.
(iii)
Signs shall not cause hazard to pedestrian movement or be placed
in a manner that obscures the view of vehicles entering or exiting
the parking lot.
(iv)
Prior to placing a temporary valet sign on the public right-of-way,
the licensee shall first obtain an encroachment permit from the office
of the City Engineer which:
(2)
It is unlawful for any valet sign to be placed on the PROW that has
any flashing, blinking, revolving, scrolling, or similar lighting
effect affixed to it.
(3)
The sign shall be used solely for directing the public to parking
facilities which are located within the City of West Hollywood.
6.
Rate Restrictions. The operator of a valet parking service
shall not charge any higher rates for parking than those rates posted.
7.
Closing Time. At each closing time, the licensee 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.
8.
Parking Longer Than Forty-Eight Hours – Notice to Sheriff. The licensee, or agents and employees, shall notify the Sheriff
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.
9.
Employee Identification. The licensee and all employees
of the licensee 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 license. Every person required
to have a driver's license pursuant to the provisions of this chapter
shall produce and exhibit the license when requested by any city official
authorized to issue, inspect or collect permit and license fees, or
authorized to enforce the provisions of this chapter or of the City
of West Hollywood Municipal Code.
10.
Business License Renewal. At the time of renewal of the
license, the licensee shall submit to the Business License Officer
a current copy of its liability insurance policy and a route plan
which has been approved by the Transportation Division within the
previous six months.
(Prior code § 6369(c); Ord. 90-269 § 1, 1990; Ord. 12-887 § 1, 2012)
1.
The
licensee, or agents or employees, through carelessness, negligence
or failure to make proper provision for the safeguarding of vehicles
left in their custody, have facilitated or contributed toward the
theft or conversion of any such vehicle; or
2.
The
licensee, or agents or employees, have failed to cooperate with the
Sheriff or with the police to aid in the detection 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 license was issued; or
3.
The
licensee, or agents or employees, knowingly delivered a vehicle in
their custody to a person neither the registered owner thereof nor
entitled to the custody of such vehicle.
(Prior code § 6369(d); Ord. 90-269 § 1, 1990)
1.
Prior to the issuance of a license under this chapter, the applicant for such license shall provide proof of having in full force and effect the following insurance policies: An automotive liability insurance policy, as required by subsection (c) of Section 5.08.120. In addition, such insurance policy shall include garage liability coverage of $25,000; and
2.
The
licensee shall maintain in force and effect at all times while the
license is in effect Workers' Compensation insurance as required by
law.
3.
Prior
to the issuance of a license under this chapter, and at all times
while the license is in effect, the licensee shall maintain on file
with the Director proof of the insurance required hereunder.
4.
If
the insurance policies issued to the licensee pursuant to this chapter
are canceled for any reason, the license issued under this chapter
is automatically suspended. In order to reinstate the license, the
licensee shall file a new certificate of insurance and provide proof
of such to the Director.
(Prior code § 6369(e); Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
