(A) Valet parking permits required for use of public property to operate a valet ramp. The city, acting by the Director of Development Services or his or her designee, shall issue a valet parking permit to valet parking operators who conduct their operations on public property. No valet parking service shall occur on public property without the operator first securing a valet parking permit from the Director of Development Services or his or her designee. A separate permit is required for each location where valet parking services are provided. Valet parking permits shall only be issued to operators who are licensed by the City of Hollywood pursuant to this chapter.
(B) Valet parking permit requirements. No valet parking permit shall be issued without proof of the following:
(1) Approval from the City's Risk Manager that the valet parking operator has met the following insurance requirements:
(a) Commercial general liability or garage liability insurance in the amount of $1,000,000 per occurrence and per location covering bodily injury and property damage resulting from the valet operator's activities connected with the handling of vehicles on public property. This policy must name the city as an additional insured. If the valet parking operations encroach on Florida Department of Transportation right-of-way within the city, then the insurance policies must also name the Florida Department of Transportation as an additional insured.
(b) Garage keepers legal liability insurance to provide collision and comprehensive coverage for vehicles under control of the valet parking operation with minimum limits of $300,000 per location with a maximum self-insured retention (SIR) or deductible of $1,000.
(c) All required insurance policies are to be issued by companies rated B+VI or better per Best's Rating Guide, latest edition, and must provide the city with 30 days written notice of cancellation. Any deviations from these requirements are subject to the written approval of the city's Risk Manager.
(d) Valet operators must submit a certificate of insurance and a certified copy of their policies as part of the application process for determination that the insurance requirements of this section have been met.
(e) Valet operators shall require their employees and independent contractors to meet the following requirements:
1. All employees and independent contractors who operate motor vehicles shall have a valid Florida driver's license in good standing and shall abide by all city, county and state traffic regulations.
2. All employees and independent contractors shall be in similar uniform.
3. All employees and independent contractors shall wear on their uniforms a photo identification card identifying the name of the employee or independent contractor and the name of the valet operator.
4. All employees and independent contractors shall perform their duties in a courteous and professional manner.
(f) Valet operators shall report monthly on how many cars they park.
(2) Each valet operator applying for a permit for use of public property shall execute an agreement approved by the City Attorney providing for the valet operator to indemnify, hold harmless, and defend the city, its officials, divisions, agents, and employees against, and assume all liability for, any and all claims, suits, actions, damages, expenditures, liabilities, or causes of action of any kind arising from its use of public streets or public parking lots for the purposes authorized in this section and resulting or accruing from any alleged negligence, act, omission or error of the valet parking operation, its agents or employees and/or arising from the failure of the valet parking operation, its agents or employees to comply with each and every requirement of this section or with any other city or county ordinance or state or federal law or regulation applicable to the valet parking operation resulting in or relating to bodily injury, loss of life or limb or damage to property sustained by any person, firm, corporation or other business entity. The valet operator hereby agrees to hold the City of Hollywood, its officials, divisions, agents and employees, harmless from and against all judgments, orders, decrees, attorney’s fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. The valet operator shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the city, its officials, divisions, agents and employees as a result of any claim, suit or cause of action accruing from activities authorized by this section, and/or for injuries to body, limb or property as set forth above.
(3) If incorporated, the valet parking operator shall provide a copy of its articles of incorporation to the Director of Development Services or his/her designee.
(4) Notarized written authorization from owner(s)/operator(s) of the city-licensed commercial establishment for which the valet parking operator is providing parking services.
(5) Valid local business tax receipt from the city for the valet parking operator.
(6) Identification of the location of vehicle storage, and proof in the form of an executed lease or license agreement, or notarized letter of authorization from the owner of the property, either of which shall include the number of spaces authorized for use by the valet operator and the term of the lease or agreement for storage space sufficient to service the establishment for which the permit will be issued. The storage space must meet all requirements pursuant to all applicable city ordinances or regulations.
(7) An explanation of how the cars will be stored and what route will be taken to the storage parking facility and back.
(8) The Director of Development Services or his or her designee and the City Engineer, as acondition precedent to issuance of a valet permit, must authorize the location and layout of each proposed valet parking permit. The Director or his/her designee and the City Engineer are authorized to approve, deny, or approve with conditions each such location and layout. The criteria will be whether such operation will unreasonably or substantially infringe upon the public right-of-way or traffic flow on or adjacent to such premises. The Director or his or her designee and the City Engineer shall give their written approval, or comments and concerns, as to each such location and layout, and such approval, or comments and concerns, as applicable, shall not be unreasonably delayed. For valet parking operations that encroach on Florida Department Transportation rights-of-way or public property, the valet operations shall comply with the following:
(a) Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System - Topic No. 625-010-003 (Department Procedure); and
(b) Plans Preparation Manual (PPM) - Topic No. 625-000-007 (Department Procedure); and
(c) Facilities Access for Persons with Disabilities (ADA Compliance) - Topic No. 625-020-015 (Department Procedure).
In addition to the above, any modifications to size, configuration or use of the permitted area which are located or encroach on Florida Department of Transportation rights-of-way, prior written approval by the Florida Department of Transportation for said valet operations is required.
(C) Rate, term, and renewal.
(1) The application fee for each permit shall be as established by resolution of the City Commission.
(2) The term of each permit shall be for one year to coincide with the city's fiscal year.
(3) Renewal shall be on an annual basis and shall only be granted after approval from the Director of Development Services or his or her designee, Risk Manager and City Engineer.
(4) Hours of operation shall be established by the Parking Administrator.
(D) Cancellation, revocation, or suspension of permit.
(1) The Director of Development Services or his/her designee shall cancel the permit if the valet company no longer services the commercial establishment which authorized its operation at that location. This cancellation and revocation may be effective whether the valet company voluntarily discontinues service to the establishment or the establishment revokes authorization for the valet company to service the location. Cancellation and revocation of the valet parking permit under this subsection shall be effective immediately upon service of the notice of cancellation. The Director or his/her designee shall inform the commercial establishment being serviced by the valet operator of any cancellation or revocation. Service of the notice of cancellation shall be by hand delivery or certified mail, return receipt requested. The Director or his/her designee may also revoke the permit if the valet operator has not paid the required fees.
(2) In the event that the valet company violates the requirements of this chapter, the Director, or his/her designee, will provide written notice to the valet operator of said violation and if the valet company fails to correct the violation within three days of receipt of the notice, the Director, or his/her designee, may revoke the valet parking permit. Upon revocation of the permit, the Director shall provide written notice of such action to the valet operator. The notice shall become effective within ten days unless the valet company appeals to the City Manager. Appeals shall be initiated within ten days of such revocation of the permit by filing a notice of appeal with the Director, or his/her designee. The Director shall schedule a hearing before the City Manager who shall hear and determine the appeal. The decision of the City Manager shall be final.
(3) Any valet parking permit for property within FDOT right-of-way shall be subject to the lease agreement ("Lease") between FDOT and the City of Hollywood. Any termination or expiration of the Lease will automatically terminate any valet parking permit issued by the City at which time any and all items of the valet operation must be removed from the valet operation location.
(4) The use of the City's and FDOT's rights-of-way is subject to any and all Utility Permits. Access Permits, and Rights-of-Way Improvement Permits that have been issued or may be issued by either the City or FDOT in the future. The City may suspend the valet parking permit for any period of time required to complete the work included in the permit.
(E) Private storage or valet parked vehicles. If any valet operator(s) store vehicles on private parking lots, the lots shall be properly permitted and zoned as parking lots. The valet operator(s) shall provide to the Office of Parking & Intergovernmental Affairs a copy of the proper city local business tax receipt or certificate of use issued to the storage parking facility and satisfactory documentation from the parking facility owner or management company/agent authorizing the valet operator to use those facilities for the purpose of storing valet parked vehicles.
(F) Operation of service.
(1) Identification of rented spaces for ramping. Rented spaces used for ramping shall be so designated by the Office of Parking & Intergovernmental Affairs as rented parking areas. The designation shall be by clearly marked signs indicating the parking restriction during hours used for valet ramping only and installed at the cost of the permit holder.
(2) Ramping.
(a) Ramping in ramping spaces only. Ramping shall only be operated in the spaces provided for ramping. There shall be no storage of vehicles in the area used for ramping. Ramping on public property shall not occur in any location other than the public on-street/curbside parking spaces provided for ramping. Ramping from a moving lane of traffic is strictly prohibited. For ramps which are to be located on an FDOT right-of-way, prior approval of FDOT is required and the following design standards must be adhered to:
1. Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System - Topic No. 625- 010-003 (Department Procedure); and
2. Plans Preparation Manual (PPM) - Topic No. 625-000-007 (Department Procedure); and
3. Facilities Access for Persons with Disabilities (ADA Compliance) - Topic No. 625-020-015 (Department Procedure).
In addition to the above, for any modifications to size, configuration or use of the permitted area which are located or encroach on Florida Department of Transportation rights-of-way, prior written approval by the Florida Department of Transportation for said valet operations is required.
(b) Rental of public spaces for ramping. The City may rent to the valet operator available public on-street/curbside parking spaces which shall be used only for the ramping of vehicles. Ramping of vehicles shall consist of allowing customers to enter or exit a vehicle and turn it over to or retrieve it from valet employees. Ramping shall only be operated in the public on-street/curbside spaces provided by the City or by FDOT for those areas located or encroaching on FDOT rights-of-way which will require prior approval from FDOT for ramping. Ramping will not be allowed if the Parking Division and the City Engineer determine, in their sole discretion, utilizing the criteria set forth in this division and division (B) above, that it would be an unsafe activity at the proposed location.
(c) Rental fees for public on-street/ curbside spaces. The fee for use of the rented spaces shall be established by resolution of the City Commission. Fees shall be paid monthly, one month in advance, commencing on the date the permit is issued by the Parking Division. All additions or changes to existing on-street/curbside parking spaces for ramping shall be paid upon request. All valet space lease requests shall be submitted in writing to the Director of Development Services or his/her designee, at least 24 hours in advance. If the valet operation is located or encroaches on FDOT rights-of-way, the valet operator will be required to pay an additional fee which shall be set forth in the resolution of the City Commission and pursuant to the Lease.
(d) Number of leased spaces for ramping. The number of ramping spaces available to the valet operator shall be determined by the frontage of the establishment being serviced, provided that there is sufficient public on-street/curbside spaces available for ramping, as determined in the sole discretion of the Director of Development Services or his/her designee.
(e) Subletting. Leased public on-street/ curbside spaces may not be sublet, assigned, devised, transferred, encumbered or sold.
(f) Rental of additional parking for storage of vehicles. Except as hereinafter provided, storage space required for the operation of a valet service shall be provided in private parking lots. All such facilities shall meet all applicable code, ordinance and regulatory requirements of the city. The City may lease additional public spaces for the storage of vehicles for special events, special programs or residential functions, or at the request of the valet operator, if the proposed valet storage space does not take away from public parking demand in the area.
The fee for the use of storage parking spaces shall be established by resolution of the City Commission or by short-term lease entered into pursuant to § 72.098 herein.
(3) Storage. Storage of vehicles shall only be in private spaces or in leased municipal spaces as provided by the City. Other than the leased municipal spaces, there shall be no storage of vehicles on any municipal property whatsoever. Valet operators shall clearly identify the vehicles in their possession during the entire period that the car is in their possession. Ramp identification shall be made by stating the name of the establishment which the ramp is servicing. Unauthorized storage of valet vehicles in municipal parking facilities, or at any public on-street/curbside parking spaces is strictly prohibited and shall result in the issuance of a valet violation to the valet operator in the amount of $250 per occurrence.
(G) Exceptions.
(1) Valet service; residential. Valet service may be provided for noncommercial uses, including private functions in residentially zoned areas. Valet operators must meet the following criteria:
(a) Valet operator must obtain a zero street address local business tax receipt through the Department of Financial Services;
(b) Zero street address local business tax receipt is only permitted for use in areas zoned residential;
(c) Zero street addresses may not be simultaneously or concurrently used in multiple residential locations;
(d) Valet operators must complete a valet parking permit application form and submit this form to the Office of Parking & Intergovernmental Affairs at least three days prior to the scheduled event.
(2) Valet service; emergency. Temporary valet service, operating under a temporary valet parking permit may be requested in situations the City Manager or his/her designee deems as an emergency. An emergency is defined as a situation or occurrence of a serious nature and demanding immediate attention.
(3) Requirements. The following requirements must be satisfied for special event, residential, temporary, or emergency valet service:
(a) Ramping. Valet ramping may be provided either on private property at the location to be serviced or on public property. Ramping on public property shall not occur in any other location than the public on-street/curbside parking spaces provided for ramping. Ramping from a moving lane of traffic is strictly prohibited unless authorized by the city. The ramping area shall be determined in accordance with the applicable provisions of this section.
(4) Storage. Storage of vehicles must be in compliance with the applicable provisions of this section. Storage of vehicles on public right-of-way is strictly prohibited unless authorized by the City Engineer.
(a) Storage on public right-of-way. Valet operators may request from the City Engineer the use of public right-of-way for vehicle storage under the following conditions:
1. Private or public storage (parking lot and/or garage) is not available within 2,500 feet of the location to be serviced.
2. All prohibited parking regulations (fire hydrants, crosswalks, handicapped parking, etc.) are strictly followed and enforced.
(H) Right of appeal; recovery of unpaid fines.
(1) The procedures for an appeal by a valet operator who has been served with a notice of violation shall be the same as are set forth in § 72.154(B) herein, and any amendments thereto.
(2) If filing a request for a hearing as set forth herein, the valet operator must post a bond in the amount of the civil fine with the Director of Development Services or his/her designee. If the valet operator is successful in his/ her appeal the bond shall be returned to the valet operator. If the valet operator is unsuccessful in the appeal, the Parking Division shall retain the bond.
(3) If the named violator after notice fails to pay the civil fine or fails to request, on a timely basis, an appeal of the citation, the Director shall be informed of such failure by a report from the Parking Division. Failure of the named violator to appeal the citation shall constitute a waiver of a right to appeal under this section.
(I) Recovery of unpaid fines.
(1) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines.
(2) A certified copy of an order imposing a civil fine may be recorded in the public records and shall constitute a lien upon any real or personal property owned by the violator and it may be enforced in the same manner as court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute upon the lien. The city shall be entitled to recover its reasonable attorney’s fees in such civil action to collect the lien.
(3) As an additional means of enforcement, the city may seek injunctive relief and/or follow procedures to revoke a local business tax receipt as set forth in the city code when there are repeated violations of this chapter.
(4) The Parking Division shall withhold issuance of any new or renewed valet permits and leased public on-street/curbside valet parking spaces, and suspend current valet permits until past due violations are paid in full. The Parking Division reserves the right to bring forward, for institution of an appropriate civil action and/or administrative proceeding, any party who has waived their right to appeal and has over three outstanding violations.
(J) Valet operators' responsibility for vehicles in their possession. Valet operators shall pay all fines and fees, including towing charges, arising in connection with a patron's vehicle which is in the possession of the valet operator at the time such charge is incurred. This does not preclude the valet operator from being cited by the City for violations of this section which resulted in the imposition of the fines and fees.
(Ord. O-2001-30, passed 7-11-01; Am. Ord. O-2003-02, passed 2-5- 03; Am. Ord. O-2005-02, passed 3- 2-05; Am. Ord. O-2007-07, passed 4-18-07; Am. Ord. O-2009-06, passed 5-6-09; Am. Ord. O-2010- 26, passed 7-7-10; Am. Ord. O- 2011-28, passed 10-19-11; Am. Ord. O-2016-24, passed 11-2-16)