DIVISION 8-03-003
VALET PARKING
SECTIONS:
8-03-003-0001 FIXED LOCATION VALET PARKING AND SPECIAL EVENT VALET PARKING PERMITS
8-03-003-0002 APPLICATION FOR PERMIT
8-03-003-0003 PERMIT PROCESSING FEE
8-03-003-0004 BUSINESS LICENSE
8-03-003-0005 INSURANCE
8-03-003-0006 ISSUANCE OR DENIAL OF PERMIT
8-03-003-0007 APPEAL
8-03-003-0008 REVOCATION OR SUSPENSION OF PERMITS
8-03-003-0009 RULES AND REGULATIONS--ADDITIONAL REQUIREMENTS
8-03-003-0010 REQUIREMENTS FOR PERMITTEE’S EMPLOYEES
8-03-003-0011 CONFORMANCE WITH APPLICABLE LAWS
8-03-003-0012 INDEMNIFICATION
8-03-003-0001 FIXED LOCATION VALET PARKING AND SPECIAL EVENT VALET PARKING PERMITS
Public streets and rights-of-way protect individual freedom of travel and the unobstructed flow of commerce. The City of Flagstaff recognizes that the use of public streets and rights-of-way for valet parking, while providing a public benefit to some by making parking more convenient and by potentially making available other on street parking, may also impede travel, interfere with the rights of others and may affect the public safety and create a public nuisance. The City may therefore permit and restrict valet parking operations as a special privilege, not as a matter of right. The approval of any permit for the use of the public right-of-way is on a temporary basis and is not an exclusive use of the public right-of-way. Permittees shall have neither property interest in nor any entitlement to the granting or continuation of any permit for the use of the public right-of-way.
No person or business entity shall engage in, conduct or carry on the activity of valet parking without having obtained a valet parking permit. A valet parking permit is required for providing the service of parking vehicles for persons attending any business, activity or event if that service uses any portion of a public right-of-way 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. A violation of this Section is a class one misdemeanor.
A. For the purposes of this Chapter, the following words shall have the following meanings:
1. "Business entity" means a corporation, association, partnership or limited liability company.
2. "Permittee" means any valet parking operator permitted by the City of Flagstaff to provide valet parking.
3. "Public right-of-way" means any area dedicated for public use as a public street, pedestrian way, or other thoroughfare, including but not limited to, streets, roadways, parkways, alleys, sidewalks and pedestrian ways.
4. "Valet parking" means the service of parking vehicles for persons attending any business, activity or event where that service uses any public right-of-way for parking, pick-up, transporting or delivery of vehicles.
5. "Valet parking operator" means any person or business entity engaged in the business of valet parking.
6. "Valet station" means the location utilized by a valet parking operator for the drop-off and pick-up of vehicles.
B. A fixed location valet parking permit shall be required for any valet parking operator who performs valet parking services at a business or place of assembly that utilizes valet parking services on a daily or regularly scheduled basis. Any location which uses valet parking services at least once each week requires a fixed location valet parking permit. Applications for fixed location valet parking permits shall include verification by the owner of an off-street parking garage or lot in which a specified number of parking spaces will be guaranteed for use by the valet parking operator.
C. A special event valet parking permit shall be required for any valet parking operator who performs valet parking services at locations other than those defined as fixed locations in Section 8-03-003-0001 (b). These would include events such as receptions and occasional parties. These permits are not to be used on a regular basis to serve specific businesses or establishments. Special event valet parking permit holders shall provide the Police Department with seven business days’ advance written notice of the following: The location of the business or event for which the valet parking services will be performed; the location of the valet station (the valet station may be on a City street but not on a State highway); the location of the off-street parking where vehicles will be parked; a route, approved by the Office of the Traffic Engineer that shows how vehicles will be taken to and from the parking location and the date and hours of the proposed use of the special event valet parking permit. The Police Department shall have the right to prohibit the use of a special event valet parking permit at a given location if it finds that there are insufficient parking spaces in the locale or the permit holder has presented no adequate plan to park the vehicles legally or the route of valet traffic interferes with normal traffic operations. There shall be no appeal from the Department’s denial of the use of a special event valet parking permit at a particular location unless the notice of an intended event at a particular location has been given 40 days before the event, in which case appeal shall be in the manner prescribed by Section 8-03-003-0007.
8-03-003-0002 APPLICATION FOR PERMIT
The applicant shall be the valet parking operator if the valet parking will serve a number or cluster of businesses. If the valet parking will serve only a single business, then that business may be the applicant.
Any person or business entity desiring a fixed location valet parking permit or a special event valet parking permit shall file a sworn application with the Tax, License and Revenue Administrator on a form furnished by the Tax, License and Revenue Administrator. If the permit is being sought for a business entity, the business entity shall designate one of its officers or general partners or members as its authorized representative for the purpose of completing the application. The authorized representative shall provide all information and sign all application forms as required for an individual applicant. The applicant shall provide the following information:
A. Name, physical address, mailing address if different than physical address and telephone number of the applicant. If the applicant represents a corporation, the name of the corporation shall also be set forth exactly as shown in its articles of incorporation or charter, together with the State and date of incorporation, and the names and addresses of each of its current officers, directors and each stockholder holding more than ten percent of the stock of that corporation. If the applicant represents a partnership, the name of the partnership shall also be set forth together with a copy of the partnership agreement, if any, and the names and addresses of all partners, including limited partners. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. If the applicant represents a limited liability company, the name of the limited liability company shall also be set forth together with the names and addresses of all members.
B. If the applicant represents a business entity, the name and mailing address of the business entity’s agent for service of process;
C. The previous address of the applicant during the five years immediately prior to the present address of the applicant;
D. Business, occupation, or employment of the applicant for the five years immediately preceding the date of application;
E. History, including address of the operating location of valet parking services provided by the applicant and/or the business entity that the applicant represents for the past five years, including identification of valet parking permits issued, revoked or suspended.
F. The applicant’s driver’s license number, if any; whether the driver’s license has ever been revoked or suspended and the reason therefore;
G. Applicant’s social security number and date of birth;
H. Whether the applicant has ever been convicted of any of the following crimes: burglary, robbery, theft, receipt of stolen property, breaking or removing parts from a vehicle, malicious mischief to a vehicle, unlawful use or tampering by bailee of a vehicle, altering a vehicle identification number, or any offense related to the use of alcohol, narcotics or controlled substances. If the applicant has been so convicted, a statement must be made giving the place and court in which such conviction was determined, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction;
I. If the valet parking operator intends to operate under a name other than that of the applicant, the name under which it will operate;
J. Such other identification and information necessary to discover the truth of matters hereinbefore specified as required to be set forth in the application;
K. The application will also include a separately signed waiver and release authorizing the City of Flagstaff, its agents and employees to seek information and to conduct an investigation into the truth of the statements made on the application and the qualifications and criminal history record of the applicant.
L. If the application is for a fixed location valet parking permit, the applicant shall also provide the following information:
1. The location of the business or event for which the valet parking services will be performed. The location of the valet station (the valet station may be on a City street but not a State highway). A map of the route that shows how vehicles will be taken to and from the approved off-street parking location. The off-street parking location at which vehicles will be parked and the number of parking spaces available at that location, including days and hours of operation. A copy of agreement between the valet parking operator and the owner of the parking lot designated as the storage facility with a provision that said agreement cannot be terminated without at least sixty days notice to the City by the storage facility owner along with the number and location of spaces reserved for the valet parking operation, the total number of spaces available in the facility with and without valet parking, and if the storage facility is a parking lot required by the City development regulation, the number of spaces required by City code for that facility and the reason that the spaces would not be used by the facility during the hours of valet operation;
2. Evidence that the applicant has notified, in writing, surrounding property owners within a 300-foot radius of the proposed valet parking station.
8-03-003-0003 PERMIT PROCESSING FEE
All applications shall be accompanied by a nonrefundable permit application processing fee in the amount of one hundred fifty dollars ($150.00). Upon receipt of said application, the Tax, License and Revenue Administrator shall refer the application to the Police Department which may interview the applicant, or any other person, and make any other investigation necessary to approve or deny the permit. The application shall also be referred to the Office of the Traffic Engineer to approve or deny the permit. A valet parking permit issued pursuant to this Chapter is not transferable.
8-03-003-0004 BUSINESS LICENSE
At the time of the application for permit, the applicant shall also apply for, and furnish the information necessary to obtain, a business license as required by Flagstaff City Code, Section 3-01-001-0002. No business license shall be issued until the investigation is completed and the valet parking permit is approved. The business license shall require payment of the business license tax as provided in Flagstaff City Code, Section 3-01-001-0002.
8-03-003-0005 INSURANCE
The permittee shall meet the following insurance requirements throughout the term of any permit issued under this ordinance:
A. Workers’ compensation as required by the State of Arizona, but only if the valet parking operator has employees as defined by the Arizona Labor Code.
B. Comprehensive general liability insurance with limits not less than $1,000,000.00 each occurrence, combined single-limit bodily injury and property damage, including contractual liability, personal injury, broad form property damage, products and completed operations coverage.
C. Comprehensive automobile liability insurance with limits not less than $1,000,000.00 each occurrence, combined single limit bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable.
D. Garage keepers’ legal liability insurance with limits not less than $500,000.00 each occurrence, including coverage for fire and explosion, theft of the entire motor vehicle, riot, civil commotion, malicious mischief and vandalism, collision or upset.
E. Comprehensive general liability, comprehensive automobile liability and garagekeepers’ legal liability insurance policies shall be endorsed to provide the following:
1. Name, as additional insureds, the City of Flagstaff, its officers, agents, and employees.
2. That such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of activities conducted under the permit, and that insurance applies separately to each insured against whom claim is made or suit is brought. All policies shall be endorsed to provide 30 days advance written notice to the City of cancellation, nonrenewal or reduction in coverage.
Certificates of insurance, satisfactory to the City, evidencing all coverage above, shall be furnished to the City prior to issuance of a permit, or before commencing any operations under a permit, with complete copies of policies furnished to the City upon request.
8-03-003-0006 ISSUANCE OR DENIAL OF PERMIT
The Police Department, Office of the Traffic Engineer and Tax, License and Revenue Administrator shall approve issuance of a permit if all required information has been furnished and its investigation finds that:
A. The character of the applicant is satisfactory and the applicant is at least 18 years of age;
B. The applicant, within ten years prior to the date of application, has not been convicted of burglary, robbery, theft, receipt of stolen property, breaking or removing parts from a vehicle, malicious mischief to a vehicle, unlawful use or tampering by bailee of a vehicle or altering a vehicle identification number, or within four years of any offense related to the use of alcohol, narcotics or controlled substances;
C. The number of proposed off-street parking spaces is sufficient to ensure that the valet parking operator will not be required to use public parking spaces, and such off-street spaces are not required parking for any other business or use during the time of proposed use for valet parking and that the route of valet traffic does not interfere with normal traffic operations;
D. The applicant has not knowingly, and with intent to deceive, made any false, misleading or fraudulent oral or written statements in his or her application or to any person investigating his or her application;
Upon issuance of the permit by the Tax, License and Revenue Administrator, any special conditions that apply in addition to the requirements of this Chapter and/or exceptions to the requirements of the Code which may be appropriate for the individual valet parking operation shall be noted on the permit.
The permit shall be denied if all of the above findings cannot be made or if all of the information required is not supplied to the City. The permit may be granted subject to receipt of criminal history information. If denied, the reasons therefore shall be endorsed upon the application, and the Tax, License and Revenue Director shall notify the applicant of the disapproval, with a copy of the application upon which the reasons have been endorsed, by first class mail.
8-03-003-0007 APPEAL
In the event a fixed location or special event valet parking permit is denied, the applicant shall have ten days from the date that the notice of denial was mailed within which to appeal to the City Council. The date of mailing, and intermediate Saturdays, Sundays and legal holidays shall be excluded in computing the time period for timely appeal. The notice of appeal shall be in writing and filed with the City Clerk. Notice and public hearing shall be given as follows:
A. Upon receipt of the appeal, the City Clerk shall set the matter for hearing before the Council, set a regular meeting within thirty days from the date of filing the appeal, and shall give written notice of such hearing to the applicant, at his or her address set forth in the appeal, by first class mail at least ten days prior to the meeting;
B. On the date set, the City Council shall hear the matter and may continue the appeal to a later meeting before reaching a decision. If the Council finds that the applicant has satisfactorily met all of the requirements of this Chapter, it shall order the issuance of the permit and business license. If it finds that the requirements have not been satisfactorily met, it shall deny the permit and license.
C. All findings of the Council shall be final and conclusive.
8-03-003-0008 REVOCATION OR SUSPENSION OF PERMITS
Any permit issued under this Chapter shall be subject to suspension or revocation by the City Manager for violation of, or for causing or permitting violation of, any provision of this Code or for any grounds that would warrant the denial of such permits in the first instance.
The Police Department is charged with enforcing the provisions of this Section and with investigating complaints against the permittee or its provision of valet parking services, and shall recommend to the City Manager the revocation or suspension of the permit as warranted by the investigation. The Police Department may temporarily suspend a valet operation, if in the opinion of the Department, the operation constitutes an imminent threat to public health or safety, until the operator takes such action as to adequately eliminate that threat. The Police Department shall inform the City Manager of any such temporary suspension and its resolution. A record of repeated temporary suspension will be sufficient cause for the City Manager to suspend or revoke the permit.
A permit may be revoked or suspended by the City Manager if:
A. The permittee, or its agents or employees, through carelessness, negligence or failure to make proper provision for the safeguarding of vehicles left in their custody, has facilitated or contributed toward the theft or conversion of any such vehicle; or
B. The permittee, or its agents or employees, has failed to cooperate with the Flagstaff Police Department in the investigation of any crime or traffic accident committed on a parking lot used by or which arose out of the conduct of the business for which the permit was issued; or
C. The permittee, or its agents or employees, knowingly delivered a vehicle in their custody to a person who is neither the registered owner thereof nor entitled to the custody of such vehicle;
D. The permittee is found to have made material misrepresentations in its application;
E. The valet operation prescribed by the permittee has substantially impacted traffic or disrupted the peace and quiet within the area of the City;
F. The valet operation at the specified locations is found to be incompatible with other users in the vicinity;
G. The permittee has violated any condition of a previous or existing valet parking permit within the City of Flagstaff during the past five years;
H. The permittee fails to comply with other criteria designated under this Chapter for the issuance of a permit or violates rules and regulations set forth;
I. The building, structure, premises or equipment used by the permittee to conduct business fails to comply with all applicable health, zoning, fire, building and safety laws of the State of Arizona or the City of Flagstaff.
Prior to the suspension, other than a temporary suspension ordered by the Police Department, or revocation of any permit issued under this Chapter, the permittee shall be entitled to a hearing before the City Manager or his designated representative, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by first class mail.
In the event of suspension or revocation of any permit, the permittee may appeal to the City Council in the manner as provided in Section 8-03-003-0007.
8-03-003-0009 RULES AND REGULATIONS--ADDITIONAL REQUIREMENTS
A. The Community Development Director is hereby authorized to promulgate rules, regulations and conditions as may be deemed necessary for operation of valet parking services beyond those outlined in this Section. Failure to comply with such rules, regulations and conditions or with any other requirements imposed by this ordinance, shall constitute grounds for revocation of a permit.
B. The permittee shall maintain the valet parking permit and vehicle route diagram at the approved valet station, and shall produce the valet parking permit for inspection by any public officer or member of the public upon request.
C. A valet station upon a public street shall only be at the City-approved location set forth in the permit. Valet station locations shall be a minimum of two adjacent parking spaces. At no time shall vehicles be accepted for valet parking when stopped in a traffic lane, nor shall vehicles be returned to customers in a traffic lane. The operator needs to employ a combination of personnel and on-street parking spaces sufficient to provide a level of service so that waiting customers do not block the through traffic lanes of the street.
D. If a valet station is approved under a fixed location valet parking permit, the Office of the Traffic Engineer shall sign such approved valet station with a no parking sign except for valet with the hours and days of operation of the valet service. The curb in the valet station shall also be painted by the City of Flagstaff with a color to be approved by the Traffic Engineer. If a valet station is approved under a special event valet parking permit, the permittee shall provide a portable, no parking except for valet sign, approved by the Office of the Traffic Engineer, with the hours and days of operation of the special event valet service. The Office of the Traffic Engineer shall determine when and where the portable sign will be placed. Vehicles parked illegally in a valet station during its approved days and hours of operation shall be subject to applicable fines and removal as allowed by City rules and regulations.
E. The permittee shall provide a portable sign at the valet station which shall be removed at the close of business each day/night and secured off of any City right-of-way. The sign shall be clearly legible from a distance of six feet and include the following information: name of the valet parking operator, contact phone number, hours of operation, a time when a car must be picked up by, the fee charged for the valet parking service and the City valet parking permit number. Said sign shall not be located in such a manner as to block a pedestrian or vehicular path. The valet parking operator must designate on its application the location of the valet station, sign and any other equipment such as a key box, umbrellas etc. The physical placement of these items must comply with the other requirements of the City’s encroachment permits, and shall be such that a clear, at least five-foot wide path for pedestrians is retained on the sidewalk.
F. At no time shall a valet parking permittee use any public parking space on any street for valet parking. Unless expressly approved by the City Council, no valet parking permittee shall use for valet parking any public parking space located in a parking lot owned or operated by the City.
G. The permittee shall, upon the receipt of each motor vehicle accepted for valet parking, give to the owner or driver a claim check for said motor vehicle; said claim check shall show the corporate or business name of the permittee and shall explicitly state the terms and conditions under which the vehicle is being accepted. The permittee shall notify the Flagstaff Police Department within 24 hours if a vehicle is not removed from the storage lot.
H. No vehicle in the permittee’s care may be parked in the valet station for more than 15 minutes.
I. The permittee shall, within 10 days of the change of location of its off-street parking location, or change in the name of the permittee entity, or change in one or more partners or officers, or change in the ownership of ten percent (10%) or more of the corporate stock, inform the Tax, License and Revenue Administrator, in writing, of such change. If there is a change in ownership, the Tax, License and Revenue Administrator may require a new application processing fee as listed in this Chapter. The permit change can be denied for any of the reasons listed in this Chapter. A change in location will require a new traffic routing diagram to be submitted along with a copy of the new agreement for use of the new location for storage. The Tax, License and Revenue Administrator can deny any changes based on the rules and regulations outlined in this Chapter.
J. Valet parking is a tertiary use of the public right-of-way. It is subordinate to the primary use of the street for general public circulation and safety, and to the secondary use of the public right-of-way for other permitted encroachments and special events. In particular, at times, the holder of a valet parking permit may not be able to use the designated spaces and sidewalk area identified in the permit if all or some of the same area is required for a different temporary encroachment or for a special event. This could include such things as construction activities, dumpsters, street events or parades.
K. The valet parking permit does not guarantee vehicular access to either the parking spaces or parking lot through the primary or any secondary routes because same may be blocked for a special event, construction or emergency.
8-03-003-0010 REQUIREMENTS FOR PERMITTEE’S EMPLOYEES
A. Every permittee shall maintain a continuously updated list of the names and residence addresses and current driver’s license numbers of all of its employees who perform valet parking. Such list shall be maintained at the business address listed on the permit application, and shall be exhibited on demand to any peace officer.
B. It shall be unlawful for any employee to perform valet parking if within the past ten years the person has been convicted of burglary, robbery, theft, receipt of stolen property, breaking or removing parts from a vehicle, malicious mischief to a vehicle, unlawful use or tampering by a bailee of a vehicle or altering a vehicle identification number, or if within the past four years has been convicted of any offense related to the use of alcohol, narcotics or controlled substances.
C. Every employee of a permittee who performs valet parking shall wear conspicuously, upon his or her person, a badge to be provided by the permittee. The Tax, License and Revenue Administrator must approve the type, design and size of the badge. Such badge shall contain the name and photo of the employee along with the name of the valet service. In addition, while performing valet parking services, each employee shall wear a brightly colored vest, shirt, or jacket that is readily visible to drivers of motor vehicles.
D. Every employee who moves customers’ cars shall have a valid Arizona Driver’s License.
8-03-003-0011 CONFORMANCE WITH APPLICABLE LAWS
Nothing in this ordinance is intended to authorize, or authorizes, the parking of motor vehicles by valet parking operators in a manner contrary to applicable State laws and local parking and traffic regulations.
8-03-003-0012 INDEMNIFICATION
The permittee agrees to indemnify, hold harmless, release and defend (even if allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the City of Flagstaff, its Council and each member thereof and its officers, employees, board and commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments, and expenses (including attorney’s fees and costs of any litigation) which in whole or in part result from, or arise out of: (1) any use or performance under the permit; (2) the activities and operations of the permittee and his or her employees, subcontractors or agents; (3) any condition of property used in the operation; or (4) any acts, errors or omissions (including without limitation, professional negligence) of the permittee and his or her employees, subcontractors or agents in connection with the valet parking operation. (Ord. 2003-16, 10/07/03)