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(a) The director shall deny a valet parking license if:
(1) The applicant fails to comply with the requirements of this article or other applicable law;
(2) The applicant makes a false statement of material fact or omission on an application for a valet parking license; or
(3) The director determines that the operation of the valet parking service would:
a. Endanger the safety of persons or property or otherwise not be in the public interest;
b. Unreasonably interfere with pedestrian or vehicular traffic;
c. Unreasonably interfere with the use of a pole, traffic sign, traffic signal, hydrant, mailbox or other object permitted at or near the proposed location of the valet parking service; or
d. Unreasonably interfere with an existing use permitted at or near the proposed location of the valet parking service.
(b) The director shall revoke a valet parking license if:
(1) The licensee fails to comply with the requirements of this article regulating valet parking service, or other applicable law;
(2) The licensee made a false statement or omission of material fact on an application for a valet parking license; or
(3) The director determines that the operation of the valet parking service:
a. Endangers the safety of persons or property or is otherwise not in the public interest;
b. Unreasonably interferes with pedestrian or vehicular traffic;
c. Unreasonably interferes with the use of a pole, traffic sign, traffic signal, hydrant, mailbox or other object permitted at or near the location of the valet parking service; or
d. Unreasonably interferes with an existing use permitted at or near the location of the valet parking service.
(c) After receipt of the notice of revocation, the valet parking license holder shall immediately discontinue providing valet parking service using the public right-of-way.
(d) The director may temporarily suspend the operations of a valet parking service if the public right-of-way reserved by the valet parking service is needed for construction, maintenance or repair of streets or utilities.
(e) The police or fire chief, or their designated representatives, may temporarily suspend the operations of a valet parking service if the public right-of-way reserved by the valet parking service is needed for an emergency or temporary use.
(f) If the director revokes, denies or suspends a valet parking license, the licensee shall receive written notice of his or her action, the reason for the revocation, denial or suspension and that the licensee has the right to appeal the director's decision. The decision of the director is final unless a timely appeal is made.
(Ord. 15092, § 1, passed 5-7-2002; Ord. 22224-05-2016, § 1, passed 5-17-2016)
(a) A person may appeal a denial, suspension or revocation of a valet parking license if he or she requests an appeal, in writing, received by the city manager not more than ten days after notice of the action of the director is issued to the applicant.
(b) The city manager or his or her designated representative shall act as the appeals hearing officer in an appeal under this section. The appeals hearing officer shall give the appealing party an opportunity to present evidence and make arguments on his or her behalf. The formal rules of evidence shall not apply to an appeal hearing under this section, and the appeals hearing officer shall make a ruling within ten days based on a preponderance of the evidence presented at the hearing.
(c) The appeals hearing officer may affirm, modify or reverse all or part of the action of the director being appealed. The decision of the appeals hearing officer is final.
(d) All notices required under this article shall be in writing and sent via certified or registered mail, return receipt requested through the United Postal Service.
(Ord. 15092, § 1, passed 5-7-2002; Ord. 22224-05-2016, § 1, passed 5-17-2016)
(a) A licensee shall:
(1) Allow only employees and independent contractors who hold a valid state driver's license, and who are covered by the insurance required by § 30-99 of this article, to operate any vehicle in connection with the valet parking service;
(2) Operate the valet parking service in a manner that does not:
a. Use or occupy more of the public right-of-way than is allowed by the valet parking license;
b. Obstruct a pedestrian's use of a sidewalk;
c. Obstruct a vehicle operator's ability to see any part of an intersecting road;
d. Injure, damage or create a hazard to persons or property; or
e. Obstruct a vehicle's ability to use the adjacent travel lane;
(3) Place no more than two valet parking service stands on the public right-of-way;
(4) Neither place nor allow the placement of a sign advertising the valet parking service in the public right-of-way that exceeds a base dimension of 18 inches, except as provided for under this section or § 30-101. The signs allowed under this section are intended to define the limits of the valet operation only;
(5) Neither park nor allow the parking or standing of a vehicle in a site for longer than 30 minutes for hotels operating a valet parking service and five minutes for other non-hotel valet parking service operators. For purposes of this subsection, parking or standing of a vehicle in a site will be calculated based on the time that the vehicle is unattended. For purposes of this section, "unattended" shall mean the time that a vehicle remains at the site when it is not being loaded or unloaded. Licensee shall not use the site for parking licensee's vehicles, including vehicles of any employee, independent contractor, subcontractor, or vendor;
(6) Not park a vehicle on the public right-of-way and shall use only an off-street parking location to park a vehicle accepted for valet parking service;
(7) Notify director within ten days of a change in the location of off-street parking and provide director with a signed agreement or other documentation showing that the licensee has a legal right to park vehicles at the new location;
(8) Keep a copy of the valet parking license readily available at the site during hours of operation and shall produce the copy on the request of the director, the director's authorized representatives, or a peace officer;
(9) Attach a sign to the valet parking service stand with the licensee's name and contact phone number; and
(10) Provide appropriate reflective material to an employee who enters the street while on duty, and an employee shall be required to wear the reflective material while on duty.
(b) Except for the authorized hours of operation of a valet parking service, spaces reserved by the valet parking service shall be available for use by the general public on a first-come, first served basis in accordance with posted signs and other traffic-control devices, except where parking is restricted or prohibited.
(Ord. 15092, § 1, passed 5-7-2002; Ord. 22224-05-2016, § 1, passed 5-17-2016)
(a) A licensee may place two valet parking service stands on the public right-of-way of the designated site consistent with the application approved by the director. The valet parking service stand must be necessary to the general conduct of the valet parking service and shall be used for such purposes, including, but not limited to, the dispatch of valets and the storage of keys, umbrellas and other necessary items.
(b) A valet parking service stand shall:
(1) Not occupy an area of the public right-of-way exceeding four feet in width and four feet in depth;
(2) Not be affixed to the public right-of-way in any manner;
(3) Be removed from the public right-of-way when the valet parking service is not being operated; and
(4) Not unreasonably interfere with pedestrian or vehicular traffic.
(c) A name and/or logo may be placed on a valet parking service stand for the sole purpose of identifying the valet parking service. The identification of the valet parking service shall not have dimensions greater than four feet high and four feet wide.
(Ord. 15092, § 1, passed 5-7-2002; Ord. 22224-05-2016, § 1, passed 5-17-2016)
(a) Spaces and stands for a valet parking service may not:
(1) Be within ten feet of a crosswalk;
(2) Be within ten feet of a fire hydrant, fire call box, police or other emergency facility;
(3) Be within five feet of a driveway;
(4) Be within three feet in front of or 15 feet behind a sign marking a designated bus stop;
(5) Be within five feet of a bus bench; or
(6) Reduce the unobstructed space for the passage of pedestrians to less than four feet.
(b) The director may require greater distances than those prescribed in subsection (a) above when warranted by special vehicular or pedestrian traffic conditions.
(c) The licensee must adhere to the map submitted under § 30-91(a)(2) as approved by the director.
(Ord. 15092, § 1, passed 5-7-2002; Ord. 22224-05-2016, § 1, passed 5-17-2016)
(a) A licensee shall procure, or cause to be procured, and keep in full force and effect, and shall keep on file with the director, a policy of garage liability and garage keepers liability insurance, as evidenced by a certificate of insurance issued by a casualty insurance company authorized to do business in this state and accepted by the risk manager for the City of Fort Worth. The insured provisions of the policy must include a waiver of subrogation in favor of the City of Fort Worth as well as name the City of Fort Worth, and its officers and employees, as additional insureds. The coverage provisions must insure the public from loss or damage that may arise to any person or property by reason of the operation of a valet parking service by the licensee.
(b) The garage liability insurance shall provide liability for bodily injury and property damage resulting from the garage operations or operations of any auto whether or not owned by the insured and shall be in the minimum limit of $1,000,000; other than garage operations which shall be $1,000,000 per occurrence and an aggregate of $2,000,000.
(c) In addition, the garage keepers insurance must provide a limit of liability for property damage of not less than $1,000,000 for vehicles in the care custody and control of the licensee. Maximum deductibles shall not exceed $1,000 per unit, $5,000 per loss comprehensive and $1,000 for collision.
(d) The insurance policy required by subsection (a) of this section shall contain an endorsement which provides for ten days' notice to the director in the event of any material change or cancellation of the policy.
(e) Upon the director's approval, an exception to the following requirements may be made if the exclusion of garage liability is waived and endorsed by the commercial general liability insurance policy to include garage operations.
(f) This section does not preclude additional or more stringent requirements for valet parking services operated under a contract with the City of Fort Worth.
(Ord. 15092, § 1, passed 5-7-2002; Ord. 15201, § 1, passed 8-27-2002; Ord. 18318-09-2008, § 4, passed 9-30-2008; Ord. 22224-05-2016, § 1, passed 5-17-2016)
Licensee, and any independent contractor used by the licensee, must execute a written agreement to indemnify and hold harmless the City of Fort Worth and its officers and employees against all claims or injury or damage to persons or property arising out of the operation of the valet parking service by the licensee.
(Ord. 15092, § 1, passed 5-7-2002; Ord. 22224-05-2016, § 1, passed 5-17-2016)
(a) The director is authorized to place city signs or curb markings at a location licensed for a valet parking service pursuant to this article.
(b) The signs and markings shall:
(1) Indicate that the location is restricted for use by a valet parking service;
(2) State the days and hours of operation of the valet parking service; and
(3) Include a tow away sign.
(Ord. 15092, § 1, passed 5-7-2002; Ord. 22224-05-2016, § 1, passed 5-17-2016)
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