Beverly Hills Municipal Code Art. 15 Automobile Parking and Shuttle Services

No person shall engage in, conduct, or carry on the business of automobile parking and shuttle service where movement of vehicles is on or over any public street, alley, right of way, or public property without a permit issued under the provisions of chapter 1, article 1 of this title. (Ord. 99-O-2328, eff. 6-4-1999)

"Automobile parking and shuttle service" shall mean any person, firm, or corporation engaging in the activity of parking or shuttling vehicles for patrons, guests, or other persons, whether employed by or under contract to the business or other organization for which the vehicles are being parked or whether such activity is operated independently. (Ord. 99-O-2328, eff. 6-4-1999)

In addition to the requirements of section 4-1-102 of this title, at the time of filing the application with the city the applicant shall furnish the following information:

A. The name and location of the business to be served and a signed statement from the owner or manager of the business to be served that there is a need for the services of the automobile parking shuttle service;

B. Information as to the seating or other capacity of the business operation to be served;

C. The hours of operation and the number of employees of the automobile parking and shuttle service who will be assigned to carry out the activity for which the permit is sought;

D. The name, location, and telephone number where a responsible person, employee, or agent of the automobile parking and shuttle service will be available at all times during hours of operation;

E. The location or locations where vehicles will be parked or stored during operation;

F. The routes to be used between any passenger loading zone or other vehicle pick up point and the parking or storage location;

G. A signed agreement in the form required by city from the owner or lessee of any parking facility designated as the parking or storage location as to that facility's availability to accept permittee's vehicles, the number of spaces in such parking facility, and estimates of the percent of usage of the facility prior to, and subsequent to, the proposed use by permittee. In cases where the parking facility is part of a building or premises devoted to other uses which require off street parking, the agreement 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. Such agreement shall also contain a provision that the written contract or covenant between the applicant and the operator of any parking facility designated as the parking or storage location, cannot be cancelled without at least thirty (30) days' notice to the other party and to the city; and

H. The location of any proposed signs and any proposed attendant stands. (Ord. 99-O-2328, eff. 6-4-1999)

In addition to the criteria set forth in section 4-1-103 of this title, the permit shall be issued unless the transportation official finds that:

A. The proposed automobile parking and shuttle service would unduly interfere with normal traffic flow on public streets, alley, or other public property, or would create a hazard to public safety.

B. Any of the automobile parking and shuttle service owner(s), including, without limitation, the corporate officers of a corporation, fail to meet the criteria set forth in section 4-1-103 of this title. (Ord. 99-O-2328, eff. 6-4-1999)

A. An automobile parking and shuttle service shall not park or leave standing at the following locations, any vehicle for which automobile parking and shuttle service is rendered:

1. Upon a public street, alley, or public property unless written authorization has been granted by the city.

2. Upon any private property unless the written authorization has been granted by the owner or lessee of such property.

B. An automobile parking and shuttle service shall at all times maintain the permit required by this article at the site of its operations, or at such other site as may be designated by the permit.

C. Any person violating this section shall be subject to an administrative citation as provided by title 1, chapter 3, article 3 of this code or such other penalties as determined by the city prosecutor. (Ord. 99-O-2328, eff. 6-4-1999; amd. Ord. 10-O-2588, eff. 10-22-2010)

A. In a situation involving a nonrecurring special event or an urgent need to commence automobile parking and shuttle service operations prior to the time an application can be processed for regular permit issuance, a short term temporary permit for a period of operation not exceeding forty five (45) calendar days may be issued upon the submittal of an application therefor, accompanied by the applicable fees and the indemnification and certificate of issuance required by this article.

B. The permittee, or any person employed by or engaged in automobile parking and shuttle service operations that seeks a special short term temporary permit as described in subsection A of this section, shall not be required to obtain an identification card as set forth in section 4-2-1510 of this chapter, except as provided in subsection C of this section.

C. An automobile parking and shuttle service that obtains a special short term temporary permit more than twice in a twelve (12) month period shall be required to obtain identification cards for the owner(s) or corporate officer(s) of the automobile parking and shuttle service as required in section 4-2-1510 of this chapter.

D. All temporary permit applications as described in subsection A of this section shall be subject to review by the police department. If the police department determines that additional traffic control is necessary to protect the public safety and welfare due to the impacts of the permit or the event for which parking or shuttle service is being provided, then police or other appropriate personnel shall be assigned as deemed appropriate by the police department and the applicant shall compensate the city for the cost of such personnel by depositing the anticipated cost of such personnel prior to their assignment. Any specially assigned personnel shall be deemed to be on regular duty. (Ord. 99-O-2328, eff. 6-4-1999; amd. Ord. 07-O-2541, eff. 1-5-2008)

It shall be a condition of each permit issued pursuant to this article that the permittee agrees to indemnify, hold harmless, and defend the city, and its council and each member thereof, and every officer and employee of the city, from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought by any person and from all costs and expenses of litigation brought against the city, and its council and each member thereof, and any officer or employee of the city, by reason of injury to any person, including, but not limited to, officers and employees of the permittee, or damage, destruction, or loss of property of any kind whatsoever and to whomsoever it may belong, including, but not limited to, that of the permittee, resulting directly or indirectly from any or all activities and operations of the permittee, or any person employed by the permittee, performed under or pursuant to such permit or any or all activities, operations, and conditions in any manner connected therewith or pertaining thereto. Such indemnity shall include, but not be limited to, any and all liabilities, demands, claims, damages, losses, costs, and expenses caused, or alleged to have been caused, by any negligent or other act of any such permittee. (Ord. 99-O-2328, eff. 6-4-1999)

Upon issuance of the permit, and at all times during the time the permit is in effect, the permittee shall comply with the following insurance requirements:

A. The permittee shall carry, maintain, and keep in full force and effect, a policy or policies of comprehensive general liability insurance with minimum limits of one million dollars ($1,000,000.00) per occurrence, combined single limit coverage and two million dollars ($2,000,000.00) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee.

B. The permittee shall carry, maintain, and keep in full force and effect, insurance coverage commonly known as garage keeper's legal liability coverage with minimum limits of two hundred fifty thousand dollars ($250,000.00) per occurrence and one million dollars ($1,000,000.00) in the aggregate. Garage keeper's legal liability coverage may be secured as a separate insurance policy or secured as part of an insurance policy or secured as part of an insurance policy providing other required coverages.

C. The permittee shall carry, maintain, and keep in full force and effect, a policy or policies of comprehensive vehicle liability insurance covering personal injury and property damage with minimum limits of one million dollars ($1,000,000.00) per occurrence, combined single limit, covering any vehicle in the possession of the permittee, its agents and employees in conjunction with the operation of vehicles pursuant to the permit.

D. The permittee shall carry, maintain, and keep in full force and effect workers' compensation insurance as required by law.

E. Deductibles not to exceed five thousand dollars ($5,000.00) per occurrence are authorized in connection with the comprehensive general liability coverage, garage keeper's legal liability coverage, and comprehensive vehicle liability coverage.

F. The permittee shall maintain on file with the city clerk a certificate or certificates of insurance on the city's form, showing that the policies of insurance required by this section are in effect in the required amounts and showing the amount of any deductibles. The policies of insurance required by this section shall contain an endorsement naming the city as an additional insured. All of the policies required under this section shall contain an endorsement specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this section.

G. The insurance provided by the permittee shall be primary to any coverage available to city. The policies of insurance required by this section shall include provisions for waiver of subrogation.

H. The insurance required by this section shall comply with the provisions of title 3, chapter 4 of this code. (Ord. 99-O-2328, eff. 6-4-1999)

In addition to the restrictions imposed on the transfer of permits in section 4-1-112 of this title, the permit shall not be transferred if at the time the transfer form is completed by the applicant, less than sixty (60) days remains until expiration of the permit. (Ord. 99-O-2328, eff. 6-4-1999)

The permittee and any person employed by, or engaged in automobile parking and shuttle service operations and who drives a vehicle of a customer, or who handles keys of a vehicle of a customer shall obtain an identification card issued under the provisions of chapter 1, article 2 of this title. In addition to the criteria set forth in section 4-1-203 of this title, the transportation official shall deny, suspend or revoke the identification card if the applicant:

A. Has been convicted of a felony or misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics.

B. Has made a material misrepresentation in the application.

C. Within the preceding seven (7) years from the date of application, the applicant has been convicted of or pleaded guilty to reckless driving or driving under the influence of alcohol or narcotics within seven (7) years preceding the filing of the application in any state.

D. Within the preceding twelve (12) month period from the date of the application, the applicant has been convicted or pleaded guilty to two (2) or more moving violations or has been determined to be at fault by the department of motor vehicles in two (2) or more accidents in any state.

E. The applicant is less than eighteen (18) years of age and does not possess a valid driver's license issued by the state of California or the applicant's driver's license issued by the state of California has been suspended or revoked. The identification card shall be automatically revoked upon the suspension or revocation of applicant's California driver's license.

F. Has physical impairments which create a material risk to persons or property.

When one or more of the findings is negative to the applicant, an identification card may be conditionally issued to the applicant where unique circumstances exist, and provided the appropriate conditions are imposed to protect the public health, welfare, and safety. (Ord. 99-O-2328, eff. 6-4-1999)

Any identification card issued under this article shall be automatically revoked upon the suspension or revocation of the identification card holder's California driver's license. (Ord. 99-O-2328, eff. 6-4-1999)

A. Where the identification card is denied pursuant to section 4-2-1510 of this chapter, the applicant has fourteen (14) days from the date of the denial to appeal the decision to the transportation official for a hearing.

B. Prior to the suspension or revocation of an identification card, the holder of the identification card shall be notified in writing of the grounds for suspension or revocation, and a hearing before the transportation official shall be held thereon. Notice of the hearing shall be given at least ten (10) days prior to such hearing.

Where the identification card is automatically revoked pursuant to section 4-2-1511 of this chapter, the identification card holder shall be notified in writing of the grounds for the automatic revocation and the identification card holder has seven (7) days from the date of the automatic revocation to appeal the decision to the transportation official for a hearing. (Ord. 99-O-2328, eff. 6-4-1999)

The decision of the transportation official regarding the denial, suspension or revocation of the identification card shall be rendered within five (5) days of the hearing. The decision shall be in writing, and shall set forth the findings and reasons for the decision, and the applicant or holder of the identification card shall be notified in writing in accordance with title 1, chapter 5, article 1 of this code. (Ord. 99-O-2328, eff. 6-4-1999)

Any final decision of the transportation official denying, suspending or revoking an identification card under this article may be appealed to the traffic and parking commission. Any appeal shall be filed with the transportation official within fourteen (14) days of the decision by the transportation official. The traffic and parking commission shall hold a hearing on the appeal, and the appellant shall be given at least ten (10) days' notice of such hearing. The hearing shall be held under the rules of procedure adopted by the traffic and parking commission. The traffic and parking commission shall have the authority to sustain, modify, or overrule the decision of the transportation official. The decision shall be in writing, shall set forth the reasons for the decision and the appellant shall be notified in writing in accordance with title 1, chapter 5, article 1 of this code. Any decision rendered by the traffic and parking commission under this section shall be final and shall not be appealable to city council. (Ord. 99-O-2328, eff. 6-4-1999)

The transportation official shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of provisions of this article, and when duly promulgated, such rules and regulations shall be in full force and effect. The permittee and any person employed by, or engaged in automobile parking and shuttle service operations and who drives a vehicle of a customer, or who handles keys of a vehicle of a customer who is required to obtain an identification card pursuant to section 4-2-1510 of this chapter, shall comply with such rules and regulations and any violation shall constitute a violation of this code subject to an administrative citation as provided by title 1, chapter 3, article 3 of this code or such other penalties as determined by the city prosecutor. (Ord. 10-O-2588, eff. 10-22-2010)