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(a) Except as provided in Section 4-232-090, no person shall conduct a valet parking service unless he has a valid valet parking operator license issued in accordance with this chapter. A separate license is required for each loading area served.
(b) Applications for valet parking operator licenses shall be made to the commissioner of business affairs and consumer protection on forms provided by him for that purpose. Each valet parking operator license issued shall be for a one-year period only, commencing on July 1st, and shall have designated thereon the name and address of the licensee and the business establishment to be served by the licensee. The fee for each license shall be as set forth in Section 4-5-010.
(c) Applications for the renewal of a valet parking operator license shall be made to the commissioner on forms provided by him for that purpose not less than 60 days prior to the expiration of the license to be renewed. The fee for a renewal shall be the same as for a new license.
(d) Valet parking operator licenses shall be nontransferable, and any attempt to transfer a license shall result automatically in the immediate expiration of the license.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, §5)
Editor's note – Coun. J. 11-12-03, p. 11505, § 1, amended the Code by adding provisions designated as a new § 4-232-070 which pertained to licensee obligations. Inasmuch as provisions already existed so numbered, the provisions of Coun. J. 11-12-03, p. 11505, § 1, were inserted as § 4-232-065 at the discretion of the editor. Coun. J. 11-16-11, p. 13798, Art. I, § 4, renumbered the provision as § 4-232-270.
(a) No valet parking operator license, or renewal thereof, shall be issued unless the applicant agrees to park all cars entrusted to him in legal off-street or legal on-street sites.
(b) No valet parking operator license, or renewal thereof, shall be issued unless the applicant provides proof to the commissioner that the applicant or licensee, as applicable, has obtained: (1) commercial general liability insurance covering all locations at which such person operates or seeks to operate, with limits of not less than $1,000,000.00 per occurrence for bodily injury, personal injury, and property damage, and (2) commercial automobile liability insurance with limits of not less than $1,000,000.00, combined single limit, per occurrence for bodily injury and property damage and (3) insurance with limits of not less than $1,000,000.00 per occurrence for garage keepers' legal liability. The City of Chicago shall be named as additional insured on a primary, noncontributory basis from any liability arising directly or indirectly from the licensee's operations.
The insurance required under this subsection shall: (1) be in full force and effect throughout the duration of the license period, (2) be issued by an insurer authorized to insure in Illinois, and (3) not be subject to cancellation except upon 30 days' prior notice to the commissioner. Upon termination or lapse of the licensee's insurance coverage, any valet parking operator license issued to such person shall automatically expire.
The proof of insurance required under this subsection shall be made available by the commissioner to the public for the duration of the license.
(c) No valet parking operator license, or renewal thereof, shall be issued unless the applicant provides proof to the commissioner that the business establishment for which the valet parking service is to be provided has made available a loading zone at least 25 feet in length immediately adjacent to its premises for the pickup and delivery of the patrons vehicles. Where the loading zone is to be on-street, the business establishment shall have applied to the commissioner of transportation in accordance with Title 9 of this Code for the designation of a curb loading zone, and no license shall be issued for the operation of a valet parking service at that establishment unless and until the designation has been approved and the curb loading zone signage has been installed; provided that no license, or renewal thereof, shall be issued for any location, including any loading zone, designated as a tow zone.
(d) No valet parking operator license, or renewal thereof, shall be issued unless the applicant provides proof satisfactory to the commissioner that, with respect to each business served, the valet parking operator has available legal off-street parking spaces equal in number to fifteen percent of the occupancy content of that business as determined in accordance with the building provisions of this Code. 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 a space by a valet parking operator shall be for a term at least coextensive with the duration of the license and shall not be subject to cancellation except upon 30 days prior notice to the commissioner. Upon termination or lapse of the licensee's lease, any license issued to him shall automatically expire.
(e) No valet parking operator license, or renewal thereof, shall be issued to any applicant who has been found in violation of any provision of Section 4-232-060 or 4-232-080 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.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-28-97, p. 54834; Amend Coun. J. 1-13-09, p. 54685, § 2; Amend Coun. J. 5-9-12, p. 27485, § 108; Amend Coun. J. 1-21-15, p. 101874, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 20; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 18; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 50)
(a) Every business establishment for which a valet parking license is issued shall, during the hours of service, display an 18-inch by 24-inch valet parking license sign issued by the department of business affairs and consumer protection. The valet parking license sign is to be attached to the existing loading zone pole during the hours of operation. The valet parking license sign shall only be displayed and the zone shall only be in effect during the hours that valet service is provided. A licensee's improper display of or failure to display the valet parking license 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 article and other applicable provisions of this Code. Every licensee providing service must post the name of the operator and rate, if any, onto the valet parking license sign in four inch dark blue lettering. The commissioner of business affairs and consumer protection shall inspect such establishments to determine the name, and rates, if any, are accurately and properly posted, and shall suspend any valet parking operator's license as to any business establishment being served for so long as the licensee fails to post its rates and name as required herein.
(b) No valet parking operator shall park or suffer its agents to park patrons' vehicles upon the public way except under lawful conditions upon such main thoroughfares of the city as are designated as snow routes pursuant to Title 9 of this Code. In accordance with Section 9-100-150 of this Code, the fine for any parking or compliance 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 article and other applicable provisions of this Code. The commissioner of business affairs and consumer protection is authorized to seek restitution with respect to any fine paid by the patron of the valet parking operator.
(c) Every valet parking operator shall place or cause his agent to 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.
(d) All valet parking attendants must, upon taking custody of a patron's vehicle, issue a numbered receipt to each customer 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 Section 4-232-070(b) of the Municipal Code of Chicago, 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 owner, the attendant must time stamp the receipt with the time and date the valet parking operator surrendered custody of the vehicle, and return it to the patron.
(e) Every valet parking operator or attendant shall carry on his person a valid current 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 $1,000.00 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 license.
(f) No valet parking operator may use residential parking daily permits in the conduct of that operator's valet parking business.
(g) Within the Central Business District as defined in Section 9-4-010 of Chapter 9-4 of the Municipal Code of Chicago, a valet parking operator for a business establishment shall only operate at that establishment during the time the establishment location is physically open, except that it may operate: (i) 1/2 hour before such establishment location opens; and (ii) 1/2 hour after such establishment location closes or until all vehicles parked by the valet parking operator while the establishment was open are returned to their drivers, whichever occurs later.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-93, p. 38995; Amend Coun. J. 10-28-97, p. 54834; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-09, p. 54685, § 2; Amend Coun. J. 11-16-16, p. 37901, Art. III, § 4; Amend Coun. J. 5-24-17, p. 49411, § 1)
Sections 4-232-060 through 4-232-080 shall not apply to any business establishment that provides patron parking entirely and solely on its premises or to any hotel that provides parking entirely on its premises for guests or for patrons of business establishments located on the hotel's premises. However, a valet parking operator license shall be required when the vehicle or the keys to the vehicle are given to the valet parking attendant on any part of the public way, even if the actual parking of the vehicle is done entirely and solely on the establishment's premises.
(Added Coun. J. 12-9-92, p. 25465)
Any person who engages in the business of valet parking operator without first having obtained the required license shall be subject to a fine of not less than $2,000.00 nor more than $5,000.00, or incarceration for a period not to exceed six months, or both. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 4-30-14, p. 79762, § 1)
(a) It shall be unlawful for any valet parking operator licensee, or the operator's employees or agents, to possess, or place in a customer's vehicle, a stolen, altered, defaced or otherwise tampered with, or counterfeited, parking meter ticket, display device or electronic receipt. For purposes of this section "parking meter" has the meaning ascribed to that term in Section 9-4-010.
(b) In addition to any other penalty provided, when an operator or any employee or agent of the operator is found in violation of this section, the operator's license shall be revoked.
(c) For purposes of this section, the operator shall be strictly liable for such violations, regardless of actual or constructive knowledge.
(Added Coun. J. 4-30-14, p. 79762, § 1)
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