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HomeMy WebLinkAbout71.176 ORDINANCE NO. 71 - 176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADDING ARTICLE 4-80 TO CHAPTER 4 OF THE SARATOGA MUNICIPAL CODE RELATING TO VALET PARICING The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1. The City Council of the City of Saratoga hereby adds Article 4-80 to Chapter 4 of the Saratoga Municipal Code to read as follows: Article 4-80 Valet Parking Sexvice Sections: 4-80.010 Definition of Valet Parking Service 4-80.020 Definition of Valet Parking Loading Zone 4-80.030 Definition of City Manager 4-80.040 Operation Allowed Only in Valet Parking Loading Zone 4-80.050 Permit Required 4-80.060 Application for Permit; Fee 4-80.070 Receipt and Determination by City Manager 4-80.080 Liability Insurance 4-80.090 Qualifications of Parking Valets; Permits 4-80.100 Transferability of Permit 4-80.110 Authority of City to Designate Street Parking Locations and Times 4-80.120 Suspension or Revocation of Permit 4-80.130 Appeals to City Council 4-80.140 Violation of Article; Penalties 4-80.150 Annual Review 4-80.010 Definition of "Valet Parking Service." As used in this Article, the term "valet parking service" means the business of using the city streets for the purposes of loading and unloading passengers to and from vehicles and for the parking of those vehicles. 4-80.020 Definition of "Valet Parking Loading Zone." As used in this Article, the term "valet parking loading zone" means a public place along side the curb of the street or elsewhere, designated by the City as a valet parking/loading zone and reserved exclusively for the use of valet parking service and persons using such service. 4-80.030 Definition of "City Manager." As used in this Article, the term "City Manager' means the City Manager or his designee. 4-80.040 Operation Allowed Only in Valet Parking Loading Zone. A valet parking service shall only be operated in connection with a designated valet parking loading zone. 4-80.050 Permit Required. (a) No person shall engage in the business of operating a valet parking service in the City without first obtaining a permit pursuant to this Article. (b) Any person desiring to operate a valet parking service for which a permit. is required under the provisions of this Article shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter and pay the license fee specified in Section 4-05.100. No such business license shall be issued unless and until the applicant has first obtained a valid permit under this Article. 4-80.0650 Application for Permit: Fee. (a) Any person desiring to obtain a permit shall make application therefor to the City Manager, which application shall contain the following information: 2 ( 1 ) The name, age, business address and residence of the applicant if a natural person; if a corporation, its name, date and place of incorporation, address of its principal office, and the names of its principal officers together with their respective addresses; if a partnership, association or other unincorporated entity, the names of the partners Or persons comprising the association or company, with the place of business and residence of each. (2) The experience of the applicant in the .provision of valet parking service and whether or not any such similar permit, or license held by the applicant or any of the principals of the applicant has ever been revoked, and if so, the circumstances of such revocation. (3) The uniform or insignia to be used to designate the employees of the applicant. (4) The street number and location of the place or places desired by the applicant as valet parking loading zones. (5) Whether the applicant or any of its principal officers or any of its employees have ever been convicted of a felony, or the violation of any narcotic or other penal law involving moral turpitude. (6) Such further information as the City Manager may require. (b) The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. 4-80.070 Receipt and Determination by City Manager. (a) Upon receipt of the completed application and other documents and the fee as required in Section 4-80.060, the City Manager shall conduct such investigation as he deems appropriate to determine whether a permit shotrid be issued. (b) In making his determinations, the City Manager shall take into consideration the number of valet parking services already in operation, the number of valet parking loading zones already designated, and whether existing services and zones are adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant. 3 4-80.080 Liability Insurance. (a) No permit shall be issued or continued in operation, and no person shall operate any valet parking service in the City unless and until there is in full force and effect a motor vehicle liability insurance policy or policies insuring such owner and covering each employee thereof, and unless and until such owner shall file with the City Clerk a written certificate or certificates of insurance showing that such policy or policies are in full force and effect and that an endorsement has been issued to each such policy or policies therein cited that the same shall not be canceled and no reduction in the amount of coverage shall be made except upon thirty days' prior written notice to the City. Such policies shall insure the owner and any Other person loadingunloading and/or driving or parking a vehicle in the course. of operating the valet parking service, against loss from the liability imposed on any of them by law for injury to, or death of, any person or damage to property, arising from or growing out of the operation of such service, with coverage limits of not less than one million dollars ($1,000,000.00) in public liability coverage for death or injury in any one occurrence, and property damage coverage of not less than one hundred thousand dollars ($100,000.00) in such amount as approved by the City Manager. (b) In addition to the insurance required under Paragraph (a) of this Section, the owner shall also furnish to the City, at his own cost and expense, a policy or policies of liability and other insurance coverage as may be required under the applicable insurance standards of the City for consultants or contractors. Such policy or policies shall be maintained in full force and effect in accordance with said insurance standards during the entire term of the permit. 4-80.090 Ouali~cations of Parking Valets; Permits, (a) It shall be tinlawful for any person to act as a valet for a valet parking sexwice in the City unless he fulfills the following requirements: ( 1 ) Holds a current, active (not suspended or revoked) motor vehicle operator's license from the State; (2) Is at least eighteen years of age. (b) It shall be the obligation of the owner or permit holder to engage only such parking valets as fulfilling the above requirements. 4 4-80.100 Transferability of Permits. No permit, issued pursuant to this Article, shall be sold, assigned or otherwise transferred, and any attempted sale, assignment or transfer shall invalidate the permit. 4-80.110 Authority of City to Desist, hate Street Parking Locations and Times, (a) The City reserves the right to determine and designate appropriate street locations and times for the operation valet parking services. (b ) Once the City has determined and designated appropriate street locations and times for the operating of valet parking services, the service shall be limited to parking or loading vehicles only at those street locations and time. (c) The City may add, modify or eliminate street locations and times authorized for the operating of valet parking services, at any time, for any reason. 4-80.120 Suspension or Revocation of Permit. (a) Any valet parking service permit issued under this Article may be suspended or revoked by the City Manager for any reason that would justify a refusal to issue the permit originally, or by reason of any failure by the permittee to comply with the provisions of this Article, or any other provision of this Code, or any condition of such permit. City Manager or his designee be granted a hearing upon the merits of the suspension or revocation. If after such hearing the permit is ordered suspended or revoked, the holder shall have the tight to appeal such action to City Council. (b) The holder of a valet parking service permit shall be given prompt notice of the intention to suspend or revoke his permit. Such notice shall ftx a time and place, not less than five nor more than thirty days after service thereof, at which the holder of the permit may appear before the City Manager or his designee and be granted a hearing upon the merits of the suspension or revocation. If after such heating the permit is ordered suspended or revoked, the holder shall have the right to appeal such action to the City Council. 5 4-80.130 Appeals to City Council. Any decisions rendered pursuant to this Article with respect to the issuance, denial, suspension or revocation of a permit, or the conditions thereof, may be appealed to the City Council by the applicant or permittee in accordance with the procedure set forth in Section 2-05.030 of this Code. 4-80.140 Violation of Article: Penalties. The violation of any provision contained in this Artide, or the violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subiect to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under Section 4-80.120 for revocation or suspension of the permit or any proceedings under Artide 4-05 of this Chapter to revoke a business license by reason of the same violation. 4-80.150 Annual Review. Commencing in June 1999, and in June of every year thereafter, the provisions of this Article shall be reviewed and a separate report made to the City Council by the City Manager at a public hearing, setting forth an analysis of the effectiveness of the valet parking service operations, including whether the public convenience and necessity require the continuation of the valet parking service operations and/or whether the provisions of this Article should be modified or repealed. 6 SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the 5th day of August , 1998, by the following vote. AYES: Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe NA~S: None Mayor ATTEST: City Clerk July 2, 1998 MSR:apn J:\WPD~VINRSWX273\ORD.98\VALETPAR. 98 The above and foregoing is a true and correct copy of Ordinance ~1,/7~,~ which has been published according to law.