Chapter 5.120 — VALET PARKING

For purposes of this chapter, the following words shall have the following meanings:

"Public right-of-way" shall mean any area dedicated for public use as a public street, pedestrian way, or other thoroughfare, including but not limited to, roadways, parkways, alleys, sidewalks, and pedestrian ways.

"Valet parking service" shall mean and include a business establishment engaged in, conducting or managing the parking of other person's motor vehicles, whether such persons are employed by, or under contract to, the business, residence or other organization for which the vehicles are being parked or whether such persons are operating independently thereof. (Prior code § 6369(a); Ord. 90-269 § 1, 1990)

1. Application Requirements. In addition to the requirements prescribed by the Director, an applicant for a valet parking service license shall provide the following information with the application:

   • (a) The name and location of the business to be served (if applicable);

   • (b) The hours of operation and the number of employees of the operator who will be assigned to carry out the activity for which the license is sought;

   • (c) Information as to the seating capacity or other capacity of the business operation to be served (if applicable);

   • (d) A statement from the owner or manager of the business to be served requesting the services of the operator (if applicable);

   • (e) The location(s) where vehicles will be parked or stored for the business served (if applicable);

   • (f) The routes to be used between the passenger loading zone or other vehicle pickup point and the parking or storage location;

   • (g) A statement from the operator of any parking facility designated as the parking or storage location as to that facility's ability to accept the cars, the number of spaces to be reserved for the licensee's operations, the total number of spaces in such parking facility, and estimates of the percent usage of the facility prior to, and subsequent to the proposed activity for which the license is sought. In cases where the parking facility is part of a building or premises devoted to other uses which require off-street parking, the statement 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;

   • (h) A copy of the written contract or covenant between the applicant and the operator of the parking facility designated as the parking or storage location, which contract or covenant shall contain a provision that it cannot be canceled without at least thirty

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City of West Hollywood, CA

§ 5.120.020 BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.120.030

days' notice to the other party and to the city; and

• (i) The location of any proposed signs for the valet service and any proposed attendant stands.

2. Short-Term License. In a circumstance involving a non-recurring special event or a special need of an applicant to commence operations prior to the time an application can be processed for regular license issuance, a short-term license for a period of operation not exceeding seven calendar days may be issued by the Director upon the submittal of an application, accompanied by the applicable fees, and the certificate of insurance required by this chapter. Any other requirement of this chapter may be waived by the Director in connection with a short-term license if the Director finds and determines that it would be impossible or impractical for the applicant or licensee to comply with such requirement and that compliance with such requirement is not necessary in order to protect the interest of the city or the public peace, health or safety. Nothing in this chapter shall preclude the reissuance of any such special license or the issuance of any new special license.

(Prior code § 6369(b); Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)

1. Operating in the Public Rights-of-Way. The licensee shall follow its approved valet route plans. The licensee shall at no time, unless expressly stated on the license, commit or do any of the following acts:

   • (a) Receive, take possession of (for the purpose of parking or temporary storage until the return of the same to the patron or guest), or move a patron's or guest's vehicle upon any portion of the public right-of-way or other public property; or

   • (b) Park and leave standing any patron's or guest's vehicle upon any portion of a public right-of-way or other public property (including any publicly owned off-street parking space).

2. Parking on Private Property. It shall be unlawful for any operator to park any patron's or guest's vehicle upon private property without express authorization by the owner or other person in charge of such private property.

3. Parking Lot Attendants. The licensee shall employ parking lot attendants sufficient in number to park vehicles so that traffic on highways or sidewalks or both will not be impeded by the activities of the licensee.

4. Locking of Vehicles. Except where a patron or guest parks his or her own vehicle, the attendant parking a vehicle shall lock the ignition and the vehicle, remove the key and place the key in a safe place. The attendant shall not place the key in or upon the vehicle parked.

5. Sign Requirements.

   • (a) Each licensee shall install and maintain, at each location at which a patron or guest surrenders his or her vehicle for parking, a sign plainly visible from the street with letters and numerals in contrasting colors, showing the licensee's name, the address and telephone number of the business, the time when the licensee is no longer on duty, and the parking fees, if any. If fees are charged, such fees also shall be stated as follows:

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City of West Hollywood, CA § 5.120.030

WEST HOLLYWOOD CODE

§ 5.120.030

  - (1) Rates per hour; 

  - (2) Rates per fraction of an hour, if any; 

  - (3) Rates for subsequent hours or fractions thereof; and 

  - (4) The maximum charge; 

  - (5) The numbers and lettering used in subsections (5)(a)(1) through (4) shall be no less than six inches in height and shall be of uniform size and font. 

• (b) All fractions of time must be spelled out in letters.

• (c) Valet Signs on the Public Right-of-Way.

  • (1) Each licensee is permitted to place one freestanding portable sign on the sidewalk at each parking lot entrance under the following conditions:

    • (i) The sign shall be limited to ten square feet in area and the top of the sign shall be no higher than five feet above the grade of the public right-of-way.

    • (ii) All numbers and lettering that refer to the parking rates charged shall be of uniform size and font.

    • (iii) Signs shall not cause hazard to pedestrian movement or be placed in a manner that obscures the view of vehicles entering or exiting the parking lot.

• (iv) Prior to placing a temporary valet sign on the public right-of-way, the licensee shall first obtain an encroachment permit from the office of the City Engineer which:

        - (A) Specifies the precise location where the sign shall be placed; 
  
        - (B) Indemnifies the city from any claims resulting from the placement of the sign. 
  
  - (2) It is unlawful for any valet sign to be placed on the PROW that has any flashing, blinking, revolving, scrolling, or similar lighting effect affixed to it. 
  
  - (3) The sign shall be used solely for directing the public to parking facilities which are located within the City of West Hollywood. 
  

  • (e) No signs shall be posted, pursuant to this section, which would be in violation of Chapter 19.34 of the West Hollywood Municipal Code.

6. Rate Restrictions. The operator of a valet parking service shall not charge any higher rates for parking than those rates posted.

7. Closing Time. At each closing time, the licensee shall lock or cause to be locked each vehicle, except those locked by the person bringing the vehicle to the valet parking service, if a key is available, and shall deposit or cause to be deposited such key with a responsible person at a safe and convenient place, to be delivered to the person who parked the vehicle upon surrender of the parking ticket if one was given to such person, or otherwise upon proof that such person has the right to possess the vehicle.

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS § 5.120.050

§ 5.120.030

8. Parking Longer Than Forty-Eight Hours – Notice to Sheriff. The licensee, or agents and employees, shall notify the Sheriff whenever a vehicle has been left in his or her custody for a period in excess of forty-eight hours without a prior contractual arrangement for such period of time in order to determine whether the vehicle is stolen or abandoned.

9. Employee Identification. The licensee and all employees of the licensee who drive patrons' or guests' vehicles or who handle keys belonging to patrons or guests shall each have an appropriate current and valid California driver's license. Every person required to have a driver's license pursuant to the provisions of this chapter shall produce and exhibit the license when requested by any city official authorized to issue, inspect or collect permit and license fees, or authorized to enforce the provisions of this chapter or of the City of West Hollywood Municipal Code.

10. Business License Renewal. At the time of renewal of the license, the licensee shall submit to the Business License Officer a current copy of its liability insurance policy and a route plan which has been approved by the Transportation Division within the previous six months.

(Prior code § 6369(c); Ord. 90-269 § 1, 1990; Ord. 12-887 § 1, 2012)

In addition to the grounds for revocation stated in Section 5.08.190, a license may be revoked if:

1. The licensee, or agents or employees, through carelessness, negligence or failure to make proper provision for the safeguarding of vehicles left in their custody, have facilitated or contributed toward the theft or conversion of any such vehicle; or

2. The licensee, or agents or employees, have failed to cooperate with the Sheriff or with the police to aid in the detection of any theft or other crime committed on a parking lot used or which arose out of the conduct of the business for which the license was issued; or

3. The licensee, or agents or employees, knowingly delivered a vehicle in their custody to a person neither the registered owner thereof nor entitled to the custody of such vehicle.

(Prior code § 6369(d); Ord. 90-269 § 1, 1990)

1. Prior to the issuance of a license under this chapter, the applicant for such license shall provide proof of having in full force and effect the following insurance policies: An automotive liability insurance policy, as required by subsection (c) of Section 5.08.120. In addition, such insurance policy shall include garage liability coverage of $25,000; and

2. The licensee shall maintain in force and effect at all times while the license is in effect Workers' Compensation insurance as required by law.

3. Prior to the issuance of a license under this chapter, and at all times while the license is in effect, the licensee shall maintain on file with the Director proof of the insurance required hereunder.

4. If the insurance policies issued to the licensee pursuant to this chapter are canceled for any reason, the license issued under this chapter is automatically suspended. In order to reinstate the license, the licensee shall file a new certificate of insurance and provide proof

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City of West Hollywood, CA § 5.120.050

WEST HOLLYWOOD CODE

§ 5.120.060

of such to the Director.

(Prior code § 6369(e); Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)

Every person licensed pursuant to this chapter shall sign an indemnification agreement as required by subsection (d) of Section 5.08.120.

(Prior code § 6369(f); Ord. 90-269 § 1, 1990)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.122.010

§ 5.122.030