Palm Desert Municipal Code Ch. 10.50 Valet Parking

For purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.

"Permittee"

means any person or other legal entity holding a valid valet parking permit issued by the city pursuant to this chapter.

"Public right-of-way"

means any area of the city dedicated to public use, including but not limited to public streets, roadways, parkways, alleys, sidewalks and pedestrian ways.

"Special permit"

is a valet parking permit issued for a one-time special event or purpose. Valet parking activity of more than one day's duration or occurring more than once per year shall be presumed to require a standard permit unless, for good cause shown, the city manager or his or her designee deems otherwise.

"Standard permit"

is a valet parking permit issued for ongoing or regularly occurring valet parking activity.

"Valet parking"

is the use of a parking attendant to park the cars of guests or patrons of a land owner or occupier within the city. It is immaterial whether such parking activity occurs on private property or public rights-of-way.

"Valet parking contractor"

is a person or other legal entity who contracts with an owner or occupier of land located within the city to provide valet parking services to the customers or guests of said owner or occupier of land.

(Ord. 1143 § 2, 2007)

A. No person or legal entity shall engage in valet parking within the city without a valid valet parking permit issued by the city in the manner provided by this chapter. Permits issued prior to the adoption of the ordinance codified in this chapter shall remain in force and effect for the term of their original issuance, but in no event shall any such permit remain in effect longer than one year from its date of issuance.

B. Valet parking contractors who apply for permits pursuant to this chapter shall include with their application materials a signed letter of consent from the land owner or occupier whose guests or patrons will be serviced by the valet parking contractor. The code compliance department shall prescribe and provide forms for such letters of consent. The forms shall, at a minimum, contain a promise by the land owner or occupier to share legal responsibility with the permittee for the permittee's compliance with this chapter.

(Ord. 1143 § 2, 2007; Ord. 1296 § 10, 2015)

An application for a permit pursuant to this chapter shall be filed with the city manager or his or her designee. There shall be submitted such information as is deemed necessary in order to evaluate and act upon the permit application. Each written application shall include the following information: an outline of the method of operating the vehicle parking service including, but not limited to, the hours of operation, the location(s) from which vehicles will be picked up, and to which they will be delivered to the patrons or guests, the location(s) where vehicles will be stored or placed, and the location(s) of any proposed signs and any proposed attendant stands, proof of insurance (including workers' compensation insurance) and current city business license.

(Ord. 1143 § 2, 2007)

Each applicant for a standard permit or a special permit under this chapter shall pay an application fee in accordance with the applicable schedule and at the rate provided by the latest city council resolution. Standard permits are valid for one year, if not sooner revoked. Permittees seeking to renew an existing permit shall also file an application for a permit, and the fee charged for such application shall be in accordance with the applicable schedule and at the rate provided by the latest city council resolution.

(Ord. 1143 § 2, 2007)

Permits as applied for shall be issued by the city manager, or designee, provided all requirements of this chapter and other applicable ordinances and laws have been, or will be, met fully by the applicant, and that such permit can be issued subject to prescribed conditions adequate to assure that there will be no undue interference with normal traffic flow on public rights-of-way, and otherwise to protect the public safety and other persons' property rights and their rights to coequal use and enjoyment of public property. Any permit application may be denied for failure to satisfy the above conditions.

(Ord. 1143 § 2, 2007)

A. The issuance of any permit pursuant to this chapter shall, if appropriate, have conditions attached thereto, reasonable and adequate to protect the public heath, safety and welfare. The city manager or his or her designee shall have discretionary authority to prescribe any such necessary or appropriate conditions, deletions or changes in permits approved.

B. All permits shall contain the following minimum conditions:

1. All valet parking activity in the city must be conducted pursuant to an approved valet parking plan, in accordance with Section 25.46.040, which includes provisions for insurance for the patrons to the satisfaction of the city attorney.

2. Regulations imposed by the Alcoholic Beverage Control should be incorporated with valet parking permit applications.

3. Valet parking may not impede, infringe upon, or discourage self-parking. Permittees shall allow self-parking customers to park their cars in convenient spaces. Permittees shall not prevent customers from utilizing those spaces which are nearest to building entrances. Permittees may designate in their valet parking plan a reasonable area of a parking lot for the exclusive use of valet parking. Such exclusive areas shall be a reasonable distance from building, but shall in no event encompass the spaces closest to building entrances.

4. All valet parking applications shall be reviewed individually by the city manager or his or her designee.

5. Permits issued to the requesting valet parking permittee may be reviewed periodically for adjustment and overall evaluation, based upon field observation by the city staff.

6. Use of public rights-of-way by the valet parking permittee for drop-off or pick-up purposes or storage is not permitted unless special circumstances, i.e., unavailability of adequate parking, is documented and approved by the city pursuant to valet parking plans.

7. Valet parking operations for a given land owner or occupier shall be limited to no more than one-half the total designated capacity of the lot. If the parking spaces assigned exclusively for valet use are full, then the permittee may park cars in the self-parking area. Likewise, if the parking spaces assigned to self-parking are full, then the permittee shall allow self-parkers to use designated valet spaces.

8. Valet parking operations shall not interfere with the traffic flow and general public access along, in or out of dedicated rights-of-way and private driveways.

9. Designated handicapped spaces cannot be used for valet parking.

10. Valet parking operations shall not be conducted in a manner that will interfere with fire department access and any specific requirements of the fire department.

11. Applicant shall comply with all applicable city code provisions and regulations of the city and state, including but not limited to those pertaining to traffic, noise and nuisances.

12. No sign shall be installed on public rights-of-way for the purpose of valet parking circulation except with approval pursuant to the valet parking plan. Visible signs, of equal size to valet parking signs, with directional arrows shall be placed at appropriate locations to direct potential patrons to the designated self-parking areas. As a part of the permit application, the permittee shall agree to place approved signs to inform motorists/patrons of the availability of valet as well as self-parking spaces. The sign specifications shall meet standards set forth in the valet parking plan. Such signs shall not be placed along the public right-of-way, or any other location, which might expose the public to potential safety problems.

13. Any change in the use, ownership, business or valet parking permittee shall require approval of a new or modified permit by the city.

14. The city may change, add or delete certain conditions, including those specified above, to reflect new policies and requirements.

15. Permittee proposals for shared parking facilities require a letter of agreement/approval from other land owners or occupiers sharing the same parking facility.

16. Permittee employees shall wear clothing that indicates, at a minimum, the permittee's name, logo or similar approved identification.

17. Specific drop-off lanes or established fire lanes cannot be used for valet parking.

18. Routine inspections and field observations will be conducted by city staff to insure compliance with the regulations set forth in the valet parking plan and this chapter.

19. All valet parking permits shall be renewed on an annual basis.

20. Valet parking that utilizes public rights-of-way or property for any aspect of the operation shall not charge a fee for valet service.

21. Gratuities are not prohibited.

(Ord. 1143 § 2, 2007; Ord. 1296 § 11, 2015)

A. Any violation of this chapter is a misdemeanor punishable by a fine of not more than one thousand dollars as follows: for the first such offense under a standard or special permit, one hundred dollars; for the second such offense under a standard of special permit two hundred fifty dollars; for the third, five hundred dollars; for the fourth such offense one thousand dollars. The citation shall be issued by a police officer or code compliance officer, and shall be issued to, and payable by, the valet parking contractor. A citation may be issued for any of the following reasons:

1. Any acts done under the permit have interfered with the normal flow of vehicular or pedestrian traffic on any public right-of-way;

2. The permittee or permittee's employees have failed to comply with a provision of the city code, including but not limited to those provisions pertaining to signage, traffic, noise, and nuisances;

3. The permittee has failed to maintain a current business license as required in Title 5 of this code;

4. There was given any false or fictitious information in connection with the application for and obtaining of the permit;

5. There has been a violation of or a failure to comply with any condition attached to the permit or any provision or regulation of this chapter or of any other applicable rules or regulations;

6. The permittee has created unsafe conditions, including obstruction of traffic flow, patrons' stopping, opening doors or disembarking outside the valet parking zone, and reckless driving of attendants;

7. The permittee has failed to store patrons' vehicles only in parking spaces approved in the license;

8. Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason continued operations under the permit will be inimical to the public safety or general welfare of the community.

B. Revocation or modification of any permit may be in addition to any penalties otherwise provided by law.

(Ord. 1143 § 2, 2007)

A police officer, or a code compliance officer, may suspend all operations at a valet parking station and a valet parking zone, except for retrieval of vehicles already subject to valet parking, for the remainder of one evenings' hours of operation (which may extend into the early morning hours of the next day), upon the issuance of two citations in one evening (which may extend into early morning hours of the next day).

(Ord. 1143 § 2, 2007)

A. Any person aggrieved by any action of the city manager or his or her designee in administering the provisions of this chapter may appeal to the planning commission by completing the appropriate appeal form and submitting the form to the city clerk's office for scheduling at a commission meeting.

B. Any person aggrieved by the action of the planning commission in administering the provisions of this chapter may appeal to the city council by completing the appropriate appeal form and submitting the form to the city clerk's office for scheduling at a council meeting.

C. The city council may call up any item for review by the council as set forth in Section 25.86.040.

D. The action of the city council is final.

(Ord. 1143 § 2, 2007)