(a) Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection.
APPLICANT. A person who applies for a valet parking service license as provided by this section.
ATTENDANT. A person who drives motor vehicles from a loading area to a parking space for the purpose of providing valet parking service.
LOADING AREA. An area in the public way located adjacent to or near the business use or uses for the purpose of picking up and delivering motor vehicles for a valet parking service.
VALET PARKING OPERATOR. A person who has been issued a valet parking service license as provided in this article, and who may employ one or more attendants for the purpose of providing valet parking service.
VALET PARKING SERVICE. A service offered as accessory to a principal business use or uses by which a motor vehicle is relocated by an attendant for temporary storage in a parking lot while the occupants of the vehicle patronize the principal business use or uses, regardless of whether a fee is charged for such service.
(b) License required. It shall be unlawful for any person to operate a valet parking service without first obtaining a license as provided in this section. A separate license is required for each loading area in which valet parking services are performed. Each valet parking service license shall be nontransferable, and any attempt to transfer a license shall result in the automatic and immediate expiration of the license.
(c) License application.
(1) All applications for licenses required by this section shall be made to the village clerk in writing, signed by the applicant if an individual or by a duly authorized agent and designated manager thereof if a partnership or corporation, verified by oath or affidavit, and shall contain the following information and statements:
A. The name, address and age of the applicant in the case of an individual; in the case of a partnership or limited liability company, the names, addresses and ages of persons entitled to share in the profits thereof; in the case of a corporation, the name and address, the date and state of incorporation, the date qualified to do business in Illinois, the name and address of the registered agent, the objects for which it was organized, the names, addresses and ages of the officers and directors and of any stockholders or stockholders owning in the aggregate more than 5% of the capital or voting stock of such corporation along with the percentage of stock owned;
B. The location and description of the premises or place of business or businesses where the license is to be used;
C. A description of the principal business or businesses engaged in at that location;
D. Consent of the owners of the principal use or uses to which the valet parking service will be accessory, if such owners are different from the applicant, and evidence that such owners will own or lease the premises where the license is to be used during the entire term of the license; and
E. Consent of the owners of each parcel of private property where vehicles may be parked by the valet parking service attendants.
(2) In addition to the foregoing information, the application shall contain such other information as the village may require.
(3) The application shall be on a form provided by the village.
(4) No license required by this section shall be issued:
A. To an applicant whose license issued under this section has been revoked for cause;
B. To an applicant that has, or whose valet parking operator or attendant has, been convicted of either:
1. A felony; or
2. Within the previous three years, a misdemeanor or any other offense involving the operation of a motor vehicle.
C. To an applicant who does not have the consent of the owners of the principal use to which the valet parking service will be accessory, if such owners are different from the applicant; or
D. For premises which are not owned or leased by such owners, which lease is for the full period for which the license is to be issued.
(5) Each valet parking operator and attendant shall have a duty to promptly supplement all information required pursuant to this section and disclose to the village any post-licensing circumstances affecting the qualifications of the applicant or any of the applicant's attendants.
(d) Issuance of license. Upon proper application being made and payment of the license fee specified in subsection 22-26(e) of this section, the village manager shall issue the license.
(e) License fees. The annual fee for a license required by this section shall be $100 and shall be paid to the village clerk at the time the application is made. The fee for each licensed location shall be non-refundable. There shall be no prorating of fees if a license is issued during a license period, or in the event of a suspension or revocation of a license.
(f) Insurance. The applicant shall provide evidence to the village manager that he or she has obtained general liability insurance coverage in the minimum amounts of $1,000,000 per occurrence for comprehensive general liability and $500,000 per occurrence for property damage, naming the village as an additional insured. The applicant shall also provide, either as part of the foregoing policies or as a separate policy with the same minimal amounts, general liability and property damage coverage relating to automobile-related occurrences. The insurance policy shall be for a term at least co-extensive with the term of the license and shall not be subject to cancellation except upon 30 days' notice to the village manager. Upon termination or lapse of the licensee's insurance coverage, any license issued to the applicant shall automatically and immediately expire.
(g) License term. Each valet parking service license shall be issued for term not to exceed one year from the date of issuance of the license.
(h) Revocation.
(1) Any license issued under this section may be suspended or revoked, or an application for issuance or renewal of a license required by this section may be refused by the village manager if he or she determines:
A. The application of the applicant or license holder contains any false, fraudulent or misleading material statement;
B. The applicant or license holder has conducted any activities directly related to the licensed activity in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public;
C. The applicant or license holder has violated any of the provisions of this section or of any other code, ordinance, resolution, rule or regulation of the village, or any federal or state law or regulation; or
D. That the applicant or license holder no longer holds the qualifications for a valet parking service license as set forth in subsection 22-26(c).
(2) An applicant or license holder aggrieved by the action of the village manager in refusing to issue any license or in suspending or revoking any license already issued shall have the right to appeal such decision to the village board of trustees by filing with the village clerk, within ten days after such refusal, suspension or revocation, a request for a hearing before the board of trustees. The applicant shall be given ten days' advance notice of the hearing date. At the hearing, the applicant may be present and submit evidence and witnesses to rebut the reasons cited for such refusal, suspension or revocation.
(i) Transfer restrictions. A license issued under this section shall be purely a personal privilege, good for not to exceed the period ending one year after issuance unless sooner revoked, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. For the proposed of this subsection, to ALIENATE or TRANSFER a license shall mean to give, sell or convey a license or 50% or more of the total ownership of any entity that holds a license.
(j) Qualifications of attendants. Every attendant shall:
(1) Be 18 years of age or older;
(2) Have a valid Illinois driver's license;
(3) Provide to the village manager the attendant's full name, current address, telephone number, driver's license number, driving record and whether the attendant has ever been convicted of a felony, misdemeanor or any offense involving the operation of a motor vehicle. Such information shall be provided to the village manager by the valet parking operator within seven days of an attendant commencing work for the valet parking operator in the village. In addition, the attendant agrees to sign a release form provided by the village to permit the village to conduct a criminal background check of the attendant with the Department of State Police;
(4) Keep his or her driver's license upon his or her person at all times while operating a motor vehicle for the purpose of providing valet parking service;
(5) Wear a uniform or an insignia that conspicuously identifies the valet parking operator for whom the attendant is working; and
(6) Operate any motor vehicle for the purpose of providing valet parking service in accordance with the laws of the State of Illinois and this chapter of the village code.
(k) Location restrictions. A license issued under this section shall permit the operation of a valet parking service only at the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the village manager. No change of location shall be permitted unless the proposed new location is a proper one under the codes, ordinances, resolutions, rules and regulations of the village.
(l) Approval of route. The applicant shall obtain written approval from the village manager of the traffic route to be used by the attendants when driving the motor vehicles from the loading area to the parking area. The attendants shall not be permitted to utilize any route other than the route approved by the village manager.
(m) Conditions of operation. No valet parking service shall be conducted, operated, maintained, carried on or managed except in compliance with all of the following regulations:
(1) All vehicles shall be operated and parked only in compliance with the provisions of chapter 23 of this code and all applicable federal, state and local statutes, codes, ordinances and regulations;
(2) Space at the curb shall be provided at a location approved by the village manager within which a vehicle can be pulled out of the flow of through traffic;
(3) There shall be maintained at all times an unobstructed width of roadway opposite of any standing vehicle sufficient for the free passage of other vehicles within such roadway;
(4) Valet parking services shall only be provided by a valet parking attendant in parking spaces owned or controlled by the village and only during the hours approved by the village manager;
(5) Every vehicle left for an attendant shall be moved immediately to its place for temporary storage;
(6) Valet parking attendants shall not obstruct, or cause or allow any materials or equipment related to such service to obstruct, at any time, the use by pedestrians of any public sidewalk; and
(7) The valet parking service shall employ an adequate number of attendants to provide an efficient process of loading, parking and retrieval of vehicles.
(n) Loading area signs. Each valet parking operator shall post a temporary sign adjacent to the loading area, which sign shall be approved by the village manager and shall be in compliance with the village code. Such sign shall state the name of the valet parking operator and the rate, if any, for the valet parking service offered.
(o) Penalty; revocation of license. Any person who violates the provisions in this section shall be subject to a fine as set forth in the village’s Comprehensive Fee and Fine Schedule for each such offense. If the village manager determines that a valet parking operator or attendants employed by the operator have three violations of this section within any 90-day period, the village manager may revoke the valet parking operator’s license. The fine for any violation under this section shall be the sole responsibility of the valet parking operator.
(Ord. No. 2001-26-3043; Ord. No. 2014-05-3357; Ord. No. 2016-04-3394)