Chapter 6.30 — VALET PARKING

No corporation, partnership or other business entity or employee thereof shall solicit the storage or parking of any motor vehicle unless the corporation, partnership or business entity holds a valid and unrevoked valet parking permit. This chapter shall not apply to any business which provides such parking solely on its premises and does not use the public streets for pick-up, drop- off, or movement of vehicles.

(a) A fixed location valet parking permit shall be required for any valet parking operator who performs valet parking services at a business or place of public assembly that utilizes valet parking services on a daily or regularly scheduled basis. Any location which uses valet parking services at least once each week requires a fixed location valet parking permit. Applications for fixed location valet parking permits shall include verification by the owner of an off-street parking garage or lot that a specified number of parking spaces will be guaranteed for the use of the applicant.

(b) A special event valet parking permit shall be required of any valet parking operator who performs valet parking services at locations other than those defined as fixed locations in subdivision (a) of this section.

Special event valet parking permit holders shall provide the police department with seven days' advance written notice of the location, date, and hours of each special event valet parking operation which they may thereafter perform, or, if seven days' advance notice is impossible, the permit holders shall notify the police department as soon after the permit holder's services are engaged for an event as is possible. The police department shall have the right to prohibit the use of a special event valet parking permit at a given location if it finds that there are insufficient parking spaces in the locale and the permit holder has presented no adequate plan to park the vehicles legally.

There shall be no appeal from the department's denial unless the notice of an intended event at a particular location has been given 20 days before the event, in which case appeal shall be to the city manager.

(c) A holder of valet parking permit may charge a fee for the use of the valet parking service up to the amount approved by the council. (Ord. 1523 § 1, (1995); 1605 § 2, (1998))

Any person desiring a fixed location valet parking permit or a special event valet parking permit shall first make an application therefor by filing with the license collector a sworn application in writing on a form to be furnished by the license collector which shall give the following information:

(a) Name, residence, and telephone number;

(b) The previous address of the applicant during the five years immediately prior to the present
address of the applicant;

(c) Social security number and driver's license number, if any; whether the driver's license has
been revoked or suspended and the reason therefor;

(d) Birth certificate or other written proof acceptable to the police department that the applicant
is at least 18 years of age;

(e) Fingerprints (taken by the police department for criminal history information);

(f) Business, occupation, or employment of the applicant for the five years immediately
preceding the date of application;

(g) The business license and permit history of the applicant; whether such person, in previously
operating in this or another city or state, under license or permit has had such license or
permit revoked or suspended, the reason therefor, and the business activity or occupation
subsequent to such action of suspension or revocation;

(h) Whether such person has ever been convicted of any crime, including misdemeanor traffic
violations. If any person mentioned in this subsection has been so convicted, a statement
must be made giving the place and court in which such conviction was had, the specific
charge under which the conviction was obtained and the sentence imposed as a result of
such conviction;

(i) The location of the business or event at which the valet parking services will be performed,
the location of the drop-off and pick-up site, the off-street parking location at which
vehicles will be parked and the number of parking spaces available at that location;

(j) Such other identification and information necessary to discover the truth of matters
hereinbefore specified as required to be set forth in the application;

(k) The application will also include a separately signed waiver and release authorizing the city
of Burlingame, its agents, and employees to seek information and to conduct an
investigation into the truth of the statements made on the application and qualifications and
record of the applicant.
(Ord. 1523 § 1, (1995))

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors and each stockholder holding more than 10% of the stock of the corporation. The information hereinafter required shall be provided for each officer of the corporation. If the application is a partnership, the information hereinafter required shall be supplied for each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions above pertaining to a corporate applicant apply. (Ord. 1523 § 1, (1995))

All applications shall be accompanied by an investigation fee a filing fee as established by resolution adopted by the city council from time to time, in addition to any charges for processing fingerprints which may be assessed by the State of California, and no part of either fee is refundable. Upon receipt of said application, the license collector shall refer the application to the police department which shall interview the applicant or any other person and make any other investigation necessary to approve or deny the permit. (Ord. 1523 § 1, (1995); Ord. 1823 § 3, (2008))

At the time of the application for permit, the applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code. No business license shall be issued until the investigation is completed and the permit is approved. The business license shall be issued upon payment of the business license as provided in Chapter 6.04 of this code. (Ord. 1523 § 1, (1995))

The applicant shall meet the following insurance requirements throughout the term of any permit issued under this ordinance:

(a) Workers' compensation, with employers liability limits not less than one million dollars ($1,000,000.00) each accident, but only if permittee have employees as defined by the California Labor Code.

(b) Comprehensive general liability insurance with limits not less than one million dollars ($1,000,000.00) each occurrence combined single limit bodily injury and property damage, including contractual liability, personal injury, broadform property damage, products and completed operations coverage.

(c) Comprehensive automobile liability insurance with limits not less than one million dollars ($1,000,000.00) each occurrence combined single limit bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable.

(d) Garagekeepers' legal liability insurance with limits not less than five hundred thousand ($500,000.00) each occurrence, including coverage for fire and explosion, theft of the entire motor vehicle, riot, civil commotion, malicious mischief and vandalism, collision or upset.

Comprehensive general liability, comprehensive automobile liability and garagekeepers' legal liability insurance policies shall be endorsed to provide the following:

(1) Name as additional insured the city of Burlingame, its officers, agents, and employees.

(2) That such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of activities conducted under the permit, and that insurance applies separately to each insured against whom claim is made or suit is brought.

All policies shall be endorsed to provide that 30 days' advance written notice to the city of cancellation, nonrenewal or reduction in coverage. Certificates of insurance, satisfactory to the city, evidencing all coverage above shall be furnished to the city prior to issuance of a permit and renewal of a license or before commencing any operations under a permit, with complete copies of policies furnished to the city upon request.

(Ord. 1523 § 1, (1995))

The police department shall issue a permit if all required information has been furnished and the report filed finds that:

(a) The character of the applicant is satisfactory;

(b) Any owner, officer or partner of the business entity within four years prior to the date of application, has not been convicted of burglary, robbery, theft, receipt of stolen property, breaking or removing parts from a vehicle, malicious mischief to a vehicle, unlawful use or tempering by bailee of a vehicle, altering a vehicle identification number, or any offense related to the use of alcohol, narcotics or controlled substances;

(c) The number of proposed off-street parking spaces is sufficient to ensure that the valet parking operation will not be required to use public parking spaces, and such off-street spaces are not required parking for any other business or use during the time of proposed use for valet parking.

(d) The applicant has not knowingly and with intent to deceive, made any false, misleading or fraudulent oral or written statements in his or her application or to any person investigating his or her application.

The permit shall be denied if all of the above findings cannot be made or if all of the information required is not supplied to the city. The permit may be granted subject to receipt of criminal history information. If denied, the reasons therefor shall be endorsed upon the application, and the police department shall notify the applicant of the disapproval with a copy of the application upon which the reasons have been endorsed by first class mail.

(Ord. 1523 § 1, (1995))

In the event a fixed location permit has been denied, the applicant shall have 10 days from the date of mailing the notice within which to appeal to the city council by filing a written application for a public hearing with the clerk of the city. Notice and public hearing shall be given as follows:

(a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the council,
set a regular meeting thereof, within 30 days from the date of filing the appeal, and shall
give written notice of such hearing to the applicant at his or her address set forth in the
appeal by first class mail at least 10 days prior thereto.

(b) On the date set, the council shall hear the matter, and may continue it from time to time
before reaching a decision. If the council finds that the applicant has satisfactorily met all
of the requirements of this chapter, it shall order the issuance of the permit and business license. If it finds that the requirements have not been met satisfactorily, it shall deny the
permit and license.

(c) All findings of the council shall be final and conclusive upon the applicant.
(Ord. 1523 § 1, (1995))

Any permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of, or for causing or permitting violation of, any provision of this code or for any grounds that would warrant the denial of such permits in the first instance.

Prior to the suspension or revocation of any permit issued under this chapter, the permittee shall be entitled to a hearing before the city manager or his or her designated representative, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the notification of the reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of first class mail.

In the event of suspension or revocation of any permit, the permittee may appeal to the city council in the manner as provided in Section 6.30.080. (Ord. 1523 § 1, (1995))

(a) The chief of police is hereby authorized to promulgate rules and regulations after noticed hearing to implement this ordinance. Failure to comply with such rules and regulations, or with any other requirements imposed by this ordinance, shall constitute grounds for revocation of a permit.

(b) The permittee shall have the permit(s) required by this ordinance in its possession at the place where it is conducting any valet parking activity under the permit(s), and shall exhibit such permit(s) on demand of any peace officer.

(c) A drop-off and pick-up site upon a public street shall only be at the city approved passenger loading zone set forth in the permit. At no time shall vehicles be accepted for valet parking when stopped in a traffic lane, nor shall vehicles be returned to customers in a traffic lane.

(d) At no time shall a valet parking permittee use any public parking space on any street for valet parking. Unless expressly approved by the council, no valet parking permittee shall use any public parking space located in a city parking lot for valet parking.

(e) The permittee shall, upon the receipt of each motor vehicle accepted for valet parking, give to the owner or operator a claim check for said motor vehicle; said claim check shall show the corporate or business name of the permittee and shall explicitly state the terms and conditions under which the vehicle is being accepted.

(f) The permittee shall, within 10 days of the change of location of its off-street parking location, or of the name of the permittee entity or the change in one or more partners or officers or in the ownership of 10% or more of the corporate stock, inform the police department, in writing, of such change. (Ord. 1523 § 1, (1995); Ord. 1605 § 3, (1998))

(a) Every corporation, partnership or other business entity holding a permit under this ordinance shall maintain a continuously updated list of the names and residence addresses and current driver's license numbers of all of its employees who perform valet parking. Such list shall be maintained at the business address listed on the permit application, and shall be exhibited on demand of any peace officer.

(b) It is unlawful for any employee who has been convicted of any of the offenses listed in
Section 6.30.070(b) to perform valet parking.

(c) Every employee who performs valet parking shall wear conspicuously upon their person a
badge to be provided by the permittee, of a type and design previously approved by the
chief of police. Such badge shall contain the name or other individual identification of the
employee. In addition, while performing valet parking services, each employee shall wear
a brightly colored vest, shirt, or jacket that is readily visible to drivers of motor vehicles.
(Ord. 1523 § 1, (1995); 1605 § 4, (1998))

Nothing in this chapter is intended to authorize, or authorizes, the parking of motor vehicles by valet parking operators in a manner contrary to applicable state laws and local parking and traffic regulations. (Ord. 1523 § 1, 1995))