Chapter 15.30
VALET PARKING
Sections:
15.30.020 Permit – Required – Application – Fee.
15.30.030 Issuance conditions.
15.30.040 Operating procedures.
15.30.050 Special or one-day permits.
15.30.060 No rights established.
15.30.070 Violation – Penalty.
15.30.010 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
“Applicant” means a valet parking operator making an application for a permit.
“Attendant” means a person who performs any service relating to valet parking.
“Parking Manager” means the City Manager or designee.
“Permit” means a permit which allows a person or business to provide valet parking.
“Valet parking” means receiving a vehicle from the vehicle operator, whether or not a fee is charged, and parking it for the vehicle operator.
“Valet parking operator” means any person that provides valet parking.
“Valet parking service” means a parking service provided to accommodate patrons of any business establishment, which service is incidental to the business of the establishment and by which an attendant on behalf of the establishment takes temporary custody of the patron’s motor vehicle and moves, parks, stores or retrieves the vehicle for the patron’s convenience.
“Valet parking service zone” means a regulated segment of curb in the public right-of-way for which a permit has been issued pursuant to this chapter. [Ord. 1208 § 2, 2012.]
15.30.020 Permit – Required – Application – Fee.
A. Except as provided in subsection B of this section, no person shall conduct valet parking service without a valid permit issued in accordance with this chapter. A separate permit is required for each valet parking service zone served.
B. Any person that provides valet parking entirely on private premises without the use of a valet parking service zone is exempt from regulation under this chapter.
C. Application for a valet parking operator permit shall be made to the Parking Manager on forms provided by the Parking Manager for that purpose. Each valet parking operator permit issued shall be for a one-year period only, commencing on July 1st, and shall have designated thereon the name and address of the permittee and the business establishment to be served by the permittee. The fee for each permit is set forth in subsection F of this section.
D. Application for the renewal of a valet parking operator permit shall be made to the Parking Manager on forms provided by the Parking Manager for that purpose not less than 60 days prior to the expiration of the permit to be renewed. The fee for a permit renewal is set forth in subsection F of this section.
E. Valet parking operator permits are not transferable or assignable.
F. The fees for valet parking permits are:
1. New valet location: $250.00.
2. Annual renewal fee: $75.00.
These fees may be adjusted from time to time with the City’s master fee schedule, which shall supersede this subsection F. [Ord. 1208 § 2, 2012.]
15.30.030 Issuance conditions.
A. No valet parking operator permit, or renewal thereof, shall be issued unless the applicant agrees to park all cars entrusted to him or her in legal off-street or legal on-street sites.
B. No valet parking operator permit, or renewal thereof, shall be issued unless the applicant provides proof to the Parking Manager that he or she has obtained liability insurance covering all valet parking service zones at which he or she operates or seeks to operate in the minimum amounts of:
1. General liability coverage at least as broad as ISO Commercial General Liability Form 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than $1,000,000 per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. Garage liability coverage will be accepted if it meets the coverage requirements for general liability.
2. Automobile liability coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than $1,000,000 per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the permittee.
3. Garagekeeper’s liability coverage shall be provided with limits not less than $500,000.
4. Workers’ compensation insurance with statutory limits and a waiver of subrogation for the City of Sausalito, its officials, employees and volunteers listing the policy number.
5. Employers’ liability insurance with limits of not less than $1,000,000.
Further, applicant shall provide the Parking Manager with the following additional insured endorsements, which shall read:
6. For general liability insurance, ISO Commercial General Liability Form CG 20 12 07 98, Schedule:
The City of Sausalito, its officials, employees and volunteers shall be covered by policy terms or endorsement as Additional Insureds as respects liability arising out of activities performed by or on behalf of Permittee, products and completed operations of Permittee, and premises owned, leased or used by Permittee.
7. For automobile liability insurance:
The City of Sausalito, its officials, employees and volunteers shall be covered by policy terms or endorsement as Additional Insureds as respects auto liability as required by Permit.
For all coverages, applicant shall provide the Parking Manager with endorsements which shall read:
8. Permittee’s insurance coverage shall be primary as respects the City of Sausalito, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Sausalito, its officials, employees or volunteers shall be in excess of Permittee’s insurance and shall not contribute to it.
No failure to comply with reporting provisions of the policies shall affect coverage provided to the City of Sausalito, its officials, employees or volunteers.
Permittee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
The City of Sausalito will be provided with a minimum of thirty (30) calendar days’ written notice of cancellation or material change in the policy language or terms.
9. Insurance shall be placed with insurers with a Best’s rating of not less than A:V. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this subsection B must be declared to the Parking Manager and approved by the City of Sausalito in writing.
C. No valet parking operator permit, or renewal thereof, shall be issued unless the applicant provides proof to the Parking Manager that the business establishment for which the valet parking service is to be provided has made available a valet parking service zone at least 44 feet (two parallel parking spaces) in length for the pickup and delivery of patron’s vehicles. Should frontage of adjacent business establishments be necessary to accommodate the required length, the written permission for the use of the public right-of-way fronting each adjacent business establishment during the days of the week and times of the day proposed by the applicant shall be provided to the Parking Manager. The public right-of-way fronting residential property may not be used for any portion of a valet parking service zone.
Where the valet parking service zone is proposed on street, the business establishment shall apply to the Parking Manager for the designation of a curb loading zone or tow zone, and no permit shall be issued for the operation of a valet parking service at that establishment unless and until the designation has been approved by the City Council and the curb loading zone or tow zone signs have been installed.
D. No valet parking operator permit, or renewal thereof, shall be issued unless the applicant provides proof satisfactory to the Parking Manager that, with respect to each business served, the valet parking operator has available, legal off-street parking spaces equal in number to 15 percent of the occupancy content of that business as determined in accordance with SMC 10.40.110. A space is available if owned or leased by the valet parking operator or if the valet parking operator has a contractual right to place a vehicle in that space.
The lease of an off-street, private space by a valet parking operator shall be for a term at least coextensive with the duration of the permit and shall not be subject to cancellation except upon 30 calendar days’ prior notice to the Parking Manager. Upon termination or lapse of the permittee’s lease, any permit issued to him or her shall automatically expire.
E. No valet parking operator permit, or renewal thereof, shall be issued to any applicant who has been found in violation of any provision of this chapter two or more times within the 180-day period prior to the date of the application or three or more times within the 365-day period prior to the date of the application. [Ord. 1208 § 2, 2012.]
15.30.040 Operating procedures.
A. Every business establishment for which a valet parking permit is issued shall, during the hours of service, display an 18-inch by 24-inch valet parking permit sign issued by the Parking Manager. The valet parking permit sign is to be attached to the existing loading zone pole during the hours of operation. The valet parking permit sign shall only be displayed and the zone shall only be in effect during the hours that valet service is provided. A permittee’s improper display of or failure to display the valet parking permit sign, or use of such sign to restrict or exclude public parking at unauthorized times or locations, shall subject the operator to the penalties set forth in this chapter and other applicable provisions of this code. Every permittee providing service must post the name of the operator and rate, if any, onto the valet parking permit sign in four-inch dark blue lettering. The Parking Manager shall inspect such establishments to verify that the name, and rates, if any, are accurately and properly posted, and shall suspend any permit for as long as the permittee fails to post its rates and name as required herein.
B. No valet parking operator shall park patrons’ vehicles upon the public way or municipal parking lots except under lawful conditions. When a patron’s vehicle is parked in a municipal parking lot as defined in Chapter 15.20 SMC, the valet parking operator shall compensate the City at the posted legal rate for the use of said space by any member of the public without special privileges. Should a patron’s vehicle be parked at a metered space within the zones established under Chapter 15.24 SMC, the valet parking operator shall compensate the City at the posted legal rate for the use of said space by any member of the public without special privileges.
C. The fine for any parking or moving violations incurred by a vehicle while in the custody of a valet parking operator shall be the sole responsibility of the valet parking operator and shall, upon the occurrence of a final determination of liability, constitute a debt due and owing to the City. The valet parking operator’s failure to pay any such fine upon notice by the City shall subject the operator to the penalties set forth in this chapter and other applicable provisions of this code. The Parking Manager is authorized to seek restitution with respect to any fine paid by the patron of a valet parking operator.
D. Every valet parking operator shall place on the dashboard of each patron vehicle a sign or placard of a size no smaller than eight and one-half inches by 11 inches in such a manner so as to be conspicuously visible through the windshield of the patron vehicle. The sign or placard shall contain the following information in red or black letters no less than one inch high: “This Vehicle Parked By (Valet Parking Operator) For Customer of (business establishment).” In addition, each attendant of valet parking operator shall, while on duty, wear conspicuously placed on his clothing an insignia which identifies the valet parking operator for whom the attendant is working.
E. All valet parking attendants must, upon taking custody of a patron’s vehicle, issue a numbered receipt to each patron containing the name, address and telephone number of the company providing the valet service, a statement that the company has liability insurance as required by SMC 15.30.030(B), the charge for the valet service, the time and date the valet parking operator took custody of the vehicle, and the license plate number of the vehicle. When a valet parking attendant returns custody of the vehicle to the patron, the attendant must time-stamp the receipt with the time and date the valet parking operator surrendered custody of the vehicle, and return said receipt to the patron.
F. Every valet parking operator or attendant shall carry on his or her person a valid California driver’s license at all times while in control of a patron’s vehicle. In addition to the penalties otherwise provided for violation of this section, any person violating this subsection shall be subject to a fine of not less than $500.00 nor more than $1,000 for each offense. Any penalty for violation of this subsection shall be assessed against, and shall be the responsibility of, the holder of the valet parking operator permit.
G. No valet parking operator may use one-day residential parking permits or other special parking privileges issued by the City in the conduct of that operator’s valet parking business.
H. A valet parking service operator may reduce the length of the required minimum 44-foot length for the pickup and delivery of patron’s vehicles to 22 feet to accommodate the parking of one vehicle for a person with a disability whose vehicle cannot be operated by the attendant. The valet parking operator may not charge the patron for the use of the space. The vehicle must display either a valid special identification license plate issued pursuant to Section 5007 of Division 3, Article 8 of the California Vehicle Code, or a valid distinguishing placard issued pursuant to Section 22511.55 or 22511.59 of Division 11, Chapter 9 of the California Vehicle Code. [Ord. 1208 § 2, 2012.]
15.30.050 Special or one-day permits.
The Parking Manager may, in her or his discretion, issue special or one-day permits for valet parking. Such permits shall, unless expressly waived by the Parking Manager, comply with all of the provisions hereunder, and applications for such permits shall be submitted no later than 72 hours prior to the date of the event. [Ord. 1208 § 2, 2012.]
15.30.060 No rights established.
Nothing in this chapter is intended to establish any legal right to provide a valet parking service or any legal property interest in a valet parking permit. [Ord. 1208 § 2, 2012.]
15.30.070 Violation – Penalty.
Any person found in violation of any provision of SMC 15.30.020 or 15.30.040 shall be guilty of an infraction and fined not less than $500.00 and not more than $1,000 for each offense in addition to any fines specified therein for specific offenses, and each day that an offense continues shall constitute a separate and distinct offense. In addition, the license of a valet parking operator who has been found in violation on three such offenses within a 180-day period shall be revoked by the Parking Manager. [Ord. 1208 § 2, 2012.]
15.30.080 Appeals.
The denial, modification, revocation, or suspension of a valet parking permit, or the issuance of civil penalties, may be appealed in writing within 10 business days after notice of such action. Appeals shall be heard by the City Manager or designee. A ruling on appeal shall be final and shall not be subject to further review. [Ord. 1208 § 2, 2012.]