Chapter 10.45 — VALET PARKING

"Valet parking" means providing the service of parking vehicles for persons attending any business, activity, or event where that service uses any city street or alley or city parking facility.

(Ord. 4603 § 2 (part), 1999)

(a) No person (including any natural person, partnership, firm, association or corporation) shall engage in, conduct, or carry on the activity of valet parking without having obtained a valet parking permit. A valet parking permit shall be required for providing the service of parking vehicles for persons attending any business, activity, or event (whether located within or without the city) if that service uses any city street or alley or city parking facility as the location for either (i) transferring operation of the vehicle from its driver to the provider of the valet parking service, (ii) parking the vehicle, or (iii) transferring the vehicle to or from the parking location. For purposes of this chapter, a city street is considered to be used for valet parking if any portion of the traffic lanes, curbside parking, or driveways within a city sidewalk is the location where the vehicle is parked or where operation of the vehicle is transferred from its driver to the valet parking service provider.

(b) The city manager or designee of the city manager may grant a revocable permit for valet parking upon written application therefor, and upon certain findings, as set forth in Section 10.45.050.

(Ord. 4603 § 2 (part), 1999)

(a) Application for a valet parking permit shall be made by an authorized representative of the valet parking service for which the application is made.

(b) Application shall be made on a form or forms supplied by the city and shall, at a minimum, include:

(1) The name and location of the business, activity or event proposed to be served, along with a statement signed by an authorized representative for that business, activity or event confirming that there is a need for the proposed parking service and consenting to the service. A separate application shall be made for each location where the valet parking service provider will provide valet parking services to a business, activity or event.

(2) Information as to the amount of seating or other measure of the capacity of the business, activity or event to be served.

(3) The duration of operation, the hours of operation and the number of employees of the applicant who will be assigned to provide the parking services for which the application is being sought.

(4) The name, location and telephone number where an authorized representative of the applicant will be available at all times during the hours of proposed operation under the permit.

(5) The location or locations where vehicles are proposed to be parked or stored during parking operations, and the number of parking spaces in each location that the applicant has the right to use for parking or storing vehicles.

(6) The location of any proposed signs and any proposed attendant stands, and the routes proposed to be used between any proposed passenger loading location and the proposed parking or storage location.

(7) A signed statement from the owner or person in control of any parking facility designated in the application as a location where vehicles are proposed to be parked or stored, stating the parking facility's availability to accommodate the vehicles proposed by the applicant to be parked or stored; the number of spaces in such parking facility; and an estimate of the amount (percentage) of use of the parking facility with and without the applicant's proposed use. Where the parking facility is part of a building or premises devoted to other uses that require off-street parking, the statement shall also include information as to the number of parking spaces that are required by law to be provided in the parking facility to serve such other uses.

(8) A copy of a written contract or covenant giving the applicant the right to use each facility for parking or storage proposed by the application, which contains a provision precluding cancellation of the applicant's right except by giving at least ten days' prior written notice of such cancellation to the applicant and the city.

(Ord. 4603 § 2 (part), 1999)

The application shall be accompanied by a nonrefundable application fee, as set forth in the municipal fee schedule.

(Ord. 4603 § 2 (part), 1999)

The city manager or designee may approve the issuance of a revocable permit to an applicant upon the determination that the proposed valet parking service activity would not unduly restrict the reasonable flow of traffic; would not unduly restrict public parking activities; would not create a hazard to public safety; and would not otherwise be detrimental to the public interest. Such determinations shall include a specific finding that the applicant has presented satisfactory proof that it has the right to use a sufficient number of private off-street parking spaces to provide for the reasonably expected number of vehicles that it will be parking or storing pursuant to the permit.

For any business or activity which is proposed to provide valet parking service in excess of one year, the permit shall be operative for one year from its issuance and shall be renewable annually upon submission of the required application and fees unless sooner suspended or revoked. For any business, activity or event which is proposed to provide valet parking service for a duration less than one year, the permit shall be operative for the duration provided in the permit unless sooner suspended or revoked and the permit shall be nonrenewable.

(Ord. 4603 § 2 (part), 1999)

(a) No valet parking permit shall be issued or remain in effect unless there is in full force and effect a policy of comprehensive general liability insurance containing coverage provisions and limits prescribed by the risk manager, executed by an insurance company approved by the risk manager, whereby all persons who carry out the activities described in the permit are insured against claims, loss, or liability for damage to property and for injury to or death of any person as a result of the permittee's operations in the city of Palo Alto.

(b) Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the city, addressed in care of the city clerk, at least thirty days immediately prior to the time such cancellation becomes effective.

(c) Such policy of insurance shall name the city, its officers, agents and employees as additional insureds.

(d) The permittee, its officers, agents and employees shall indemnify, defend and hold harmless the city, its officers, agents and employees from any loss, liability, claim, injury or damage arising or alleged to arise from the willful or negligent acts or omissions of the permittee, its officers, agents or employees in connection with the activities described in the permit.

(e) The permittee shall maintain workers' compensation insurance for each person engaged in the valet parking service to either drive a vehicle of a customer or handle keys of a vehicle of a customer.

(Ord. 4603 § 2 (part), 1999)

(a) Any permit issued pursuant to this chapter may be revoked at any time with or without cause, by giving the permittee ten days' prior written notice.

(b) The permit shall require that the permittee use a specified route of travel between the vehicle drop-off and pick-up area and the parking location. The permit shall also require that patron's vehicles are not left parked or standing in loading/unloading zones more than the minimal time necessary to accomplish passenger loading/unloading. The permit shall prohibit the parking of patron's vehicles in public on-street parking spaces. If the permit allows overflow valet parking in designated public parking facilities, such overflow parking shall be permitted only after five p.m. on normal business workdays (Monday through Friday, excepting holidays), but such overflow parking shall be permitted on weekends (Saturday/Sunday) and holidays without restriction as to time of day. Overflow parking shall not be permitted in public parking facilities on any occasion when the private parking spaces required by permit are not fully utilized. Overflow parking shall be authorized only for designated public parking facilities which are underutilized by the general public.

(c) The permit may allow the permittee to use a specified number of on-street parking spaces for pick-up and drop-off of vehicles. The permittee shall be required to pay to the city a fee as set forth in the municipal fee schedule for the use of such parking spaces.

(d) The permit shall specify the location, size and content of any signage or attendant stands permitted at the vehicle pick-up and drop-off location.

(e) The permit shall specify the days of the week and hours of the day when the parking services are permitted. The permit shall provide for temporary suspension of the right to conduct valet parking activities using any street or alley or city parking facility which is temporarily closed or restricted for vehicular traffic because of construction or because of special events.

(f) The permit may permit the use of designated public parking facilities for overflow valet parking when private parking facility spaces are fully utilized and certain public parking facilities are underutilized, and no fee shall be charged for the use of those public parking facilities.

(g) Any permit issued pursuant to this section may be subject to such additional terms and conditions as the city manager or designee considers reasonably necessary to protect the public health, safety and welfare.

(Ord. 4603 § 2 (part), 1999)

(a) The permittee and its employees shall at all times obey all traffic rules and regulations.

(b) The permittee shall provide adequate staffing to avoid the queuing of cars in travel lanes. No double parking or blockage of travel lanes shall be allowed.

(c) The permittee shall keep a minimum of six feet of sidewalk clearance at all times, and shall not interfere with pedestrian traffic.

(d) The permittee shall maintain the valet parking permit at the site of its operations, or at such other site as may be specified in the permit, and shall produce it for inspection by any public officer or member of the public upon request.

(e) The permittee shall not park any patron's vehicle in public on-street parking spaces. The permittee shall not park any patron's vehicle in public parking facilities unless all private parking spaces required to be utilized by its permit are fully utilized. The permittee shall not park any patron's vehicle in public parking facilities other than those designated for overflow parking in its permit or at times other than those in which overflow parking is authorized by the permit.

(f) The permittee shall not allow any person engaged in the valet parking service to either drive a vehicle of a customer or handle keys of a vehicle of a customer unless the permittee has certified that the person has a valid California driver's license and has not been convicted of reckless driving or driving while under the influence of alcohol or narcotics within seven years preceding that date of certification. The permittee shall submit to the city a monthly list of such employees, certifying by name of employee and dates of employment that these conditions have been met. Each employee while engaged in the valet parking service to either drive a vehicle of a customer or handle keys of a vehicle of a customer shall display on that employee's person plainly visible identification provided by the valet parking service permittee.

(Ord. 4603 § 2 (part), 1999)

The city manager or designee may suspend for a period of up to one year, or may revoke, a valet parking permit if there is reasonable cause to believe that:

(a) The permittee has operated or managed the valet parking service in a manner which violates any provision of this chapter or any restriction or

prohibition imposed in the permit;

(b) Any employees of the permittee engaged in providing valet parking services under the permit have violated any provision of this chapter or any restriction or prohibition imposed in the permit and the permittee has permitted them to do so, or failed to prevent them from doing so. The employer shall be responsible for those acts of its employees which are done in the course and scope of their employment;

(c) The permittee willfully made a materially false or misleading statement, or omission of fact on any application, or in any supplementary materials submitted or in any interview conducted in the processing of the application for the permit;

(d) The permittee is operating or managing the valet parking service in a manner which poses a danger to the health and safety of employees, customers, and/or the public.

Whenever the city manager has reasonable cause to believe that grounds for the suspension or revocation of a permit exists, the city manager or designee shall give the permittee written notice stating the alleged grounds for the suspension or revocation and the effective date of the suspension or revocation. This notice will be by certified mail or personal delivery to the permittee, and shall provide the permittee with information on the appeal process.

Upon receipt of a request for an appeal hearing, the city manager or designee shall notify the permit holder in writing by personal delivery or certified mail of the date, time, and place of the hearing, which shall not be less than ten business days after the service of the notice. At the hearing, the permittee shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the appeal, as stated in the written request for an appeal hearing. If the permittee requires the services of an interpreter for the hearing, the applicant shall arrange for the services of a court-certified interpreter at the permittee's expense. Within ten business days after the hearing, the city manager or designee shall issue a written decision which states whether the permit shall be suspended or revoked, the length of any suspension and the effective date of the suspension or revocation. The decision of the city manager or designee shall be served on the permittee by personal service or by certified mail. The decision of the city manager or designee shall be final and not subject to appeal.

Upon a written decision of the city manager or designee which suspends or revokes a permit, the permittee shall surrender the permit to the city manager immediately after service of the notice of the written decision.

No application for any valet parking permit issued under this chapter shall be accepted by the city manager from the same applicant within one year following revocation of a permit issued under this chapter or while the applicant has a suspended permit.

(Ord. 4603 § 2 (part), 1999)

Any person who violates any provision of this chapter or of any permit restriction issued pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Chapter 1.08 of this code. The permittee(s) named in any permit issued pursuant to this chapter shall be also be punishable as a misdemeanant for the conduct of any person employed in the provision of the valet parking service which violates any restriction of the permit if the permittee(s) aid or abet or conspire for the commission of those permit violations.

(Ord. 4603 § 2 (part), 1999)

When signs are posted restricting the parking or standing of vehicles in designated on-street parking spaces for valet parking only during designated time periods, no person shall stop, stand or park any vehicle in violation of those restrictions except for the purposes of immediate loading or unloading of passengers either for valet parking or for patronizing the business, activity or event for which valet parking is provided. Violation of this section shall be citable as a parking violation punishable by a parking penalty as provided in Chapter 10.60. Any vehicle stopped, standing, or parked in violation of this section shall be subject to removal under the authority of California Vehicle Code Section 22651 subdivision (m).

(Ord. 4603 § 2 (part), 1999)