Article II — Pedicab Owners

It is unlawful for a pedicab owner to drive or operate a pedicab, or allow a pedicab to be driven or operated by a driver, within the city unless the owner has a valid pedicab owner permit. Pedicab owner permits are the property of the city and are not transferable to any other person. (Ord. 1951 § 1, 2018)

• A. The pedicab owner permit application form shall be in a form prescribed by the city manager.

• B. The applicant shall provide the following:

  1. The applicant's full name;

  2. The name(s) of the owner's business or company that will be operating one or more pedicab in the City in relation to the permit;

  3. The applicant's business and residence addresses, phone numbers including cell phone, and email address;

  4. The applicant's date of birth, and proof that the applicant is 21 years of age or older;

  5. Identification in the form of a current and valid motor vehicle driver's license or identification card issued by any state or territory of the United States, or a valid passport;

  6. Proof of a valid city business license;

  7. Certificates and endorsements evidencing the owner's insurance and capacity for indemnification as required by this chapter;

  8. Agreement to the city requirements of Live Scan fingerprinting and a comprehensive background check of the applicant, and payment of the city's established fee for same;

  9. Agreement and covenant to employ and ensure the presence of an onboard safety monitor, who is over 21 years of age and has completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control, or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control, whenever alcoholic beverages are consumed on any pedicab of the owner operating within the city; and

  10. Such other material as the city manager may require to evaluate the fitness of the applicant to be granted a pedicab owner permit.

• C. Each applicant must sign the application, which shall contain a warning that the application may be denied or the permit suspended, modified, or revoked if the applicant misrepresents facts relevant to the fitness of the applicant to be granted a pedicab driver permit.

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City of Palm Springs, CA § 5.41.040

PALM SPRINGS CODE

§ 5.41.070

• D. The city manager shall investigate the facts stated in an application for a pedicab driver permit and other relevant data.

(Ord. 1951 § 1, 2018)

The City shall charge an annual nonrefundable fee to recover the cost of activities associated with the administration, regulation, and issuance of pedicab owner permits in an amount as may from time to time be determined by city council resolution. A pedicab owner permit shall be valid for a period for one year from the date of issuance.

(Ord. 1951 § 1, 2018)

A pedicab owner permit shall be renewable annually 30 days prior to the expiration of the existing permit. The renewal fee shall be set by a city council resolution. (Ord. 1951 § 1, 2018)

• A. At all times, each pedicab owner shall indemnify, keep indemnified, save harmless, and defend the City, its officers, agents and employees from and against any injury, loss, damage, liability, claim and expense of any kind which the City or any of its officers, agents and employees may sustain, incur or pay and from all actions that may be connected with any of pedicab operations arising from or related to that owner's pedicab owner permit, or any pedicab driver permit related thereto.

• B. To ensure a continued capacity to indemnify pursuant to this section, each pedicab owner shall procure and maintain at its sole cost, during the term of the permit and any renewals thereof, from an insurer admitted in California or having a minimum rating of or equivalent to A:VIII in Best's Key Rating Guide, comprehensive general liability insurance, endorsed to cover the use of all pedicabs operated pursuant or in relation to the permit, with a combined single limit of at least one million dollars ($1,000,000) for each occurrence, and two million dollars ($2,000,000) general aggregate. Coverage shall be at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, and shall apply to all of the operations of that owner's pedicab(s) in the city. In addition to this coverage, each owner of a fourwheeled pedicab shall procure and maintain an additional ten million dollars ($10,000,000) general umbrella insurance policy that covers all of that owner's four-wheeled pedicab operations within the city.

• C. The city, its officials, employees, and agents shall be covered as additional insureds with respect to liability arising from the operations of pedicabs insured pursuant to this requirement. Said insurance shall be primary insurance with respect to the city, and shall contain an endorsement requiring 30 days prior written notice from insurers to the city and pedicab owner before any cancellation or change of coverage.

• D. Each pedicab owner holding a permit shall file certificates of insurance and original endorsements containing the original signature of a person authorized by the insurer to bind coverage on its behalf and evidencing the coverage required herein for approval, as to sufficiency and form, prior to commencing operations pursuant to the permit. The City

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.41.070

§ 5.41.070

reserves the right to require complete certified copies of all policies at any time.

• E. Insurance under this section may provide for such deductibles or self-insured retention as may be acceptable to the City's risk manager. In the event such insurance provides for deductibles or self-insured retention, each pedicab owner permittee shall fully protect the City, its officials and employees in the same manner and to the same extent as they would have been protected had the policy not contained any deductible or retention provisions.

deductibles or self-insured retention as may be acceptable to the City's risk manager. In the event such insurance provides for deductibles or self-insured retention, each pedicab owner permittee shall fully protect the City, its officials and employees in the same manner and to the same extent as they would have been protected had the policy not contained any deductible or retention provisions.

• F. Insurance required herein shall not be deemed to limit any pedicab owner's liability for any injury, loss, damage, liability, claim and expense of any kind incurred in relation to any pedicab that operates within the city under this chapter. Any modification or waiver of these insurance requirements shall only be made with the written approval of the city's risk manager.

• G. Certificates and endorsements evidencing the coverage described in this section shall be provided to the city.

• (Ord. 1951 § 1, 2018)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.41.080

§ 5.41.100