(Added by Ord. No. 182,742, Eff. 11/14/13.)
(a) Definitions. (Amended by Ord. No. 186,443, Eff. 12/27/19.)
1. "Master Valet Parking Operator Permit" shall mean a permit that is issued to any person engaged in the business of Valet Parking at more than one location.
2. "Permittee" shall mean any person permitted by the City of Los Angeles to operate a Valet Parking business that uses the public rights-of-way for pick-up, drop-off or movement of vehicles to be parked.
3. "Person" shall mean a natural person, firm, partnership, association, corporation or other entity.
4. "Public Right-of-Way" shall mean any area dedicated for public use as a public street, pedestrian way or other thoroughfare, including but not limited to, roadways, parkways, alleys, sidewalks, and pedestrian ways.
5. "Valet Parking" shall mean the receiving, taking possession of, driving, moving, parking or storing of any vehicle that is left at one location to be driven to another location for parking, whether or not a charge is imposed for the valet parking service.
6. "Valet Parking Attendant" shall mean any employee or agent of the Valet Parking Operator who receives, takes possession of or moves any vehicle, or who handles the keys to any vehicle left with the attendant for Valet Parking.
7. "Valet Parking Operator" shall mean any person engaged in the business of Valet Parking.
8. "Valet Parking Residential Sensitive Zone" shall mean an area of the City designated by the Board of Police Commissioners with specific geographic boundaries and additional rules and regulations imposed on Valet Parking Operators conducting Valet Parking within the zone.
9. "Valet Parking Residential Sensitive Zone One-Day Permit" shall mean an additional permit that is required by a Valet Parking Operator in order to conduct Valet Parking within the zone.
(b) Permit Required. (Amended by Ord. No. 184,734, Eff. 2/13/17.)
1. No person shall engage in, conduct, or carry on the business of Valet Parking where movement of vehicles is on or over any public right-of-way or public property without a written Valet Parking Operator permit from the Board and the payment of all permit fees required pursuant to Chapter X, Article 3, Division 3 of this Code. (Amended by Ord. No. 186,443, Eff. 12/27/19.)
2. A Valet Parking Residential Sensitive Zone One-Day Permit shall also be required for a Valet Parking Operator conducting Valet Parking within a Valet Parking Residential Sensitive Zone; directing a person to park a vehicle in the zone; or transporting a person parked in a zone to a location outside the zone. The Board of Police Commissioners through its Executive Director may issue a Valet Parking Residential Sensitive Zone One-Day Permit to a Valet Parking Operator after a determination by the Executive Director that Valet Parking will not adversely affect public safety or create a public nuisance. The Executive Director, after investigation and review, may recommend to the Board of Police Commissioners the designation of a Valet Parking Residential Sensitive Zone with specific geographic boundaries and rules and regulations to be imposed on Valet Parking Operators when conducting Valet Parking within the zone. (Amended by Ord. No. 186,443, Eff. 12/27/19.)
3. Upon express written permission of the Board through its Executive Director, the provisions of Subsection (b) shall not apply to a Valet Parking Operator when there is a temporary disruption due to construction activity that directly interferes with the valet parking operation. The Executive Director, on behalf of the Board, may grant this permission, upon application in writing and after review of the reasons for the variance. The Executive Director will grant a variance for such permit subject to all conditions of the variance granted.
4. Permittees that conduct, manage or operate multiple Valet Parking locations shall obtain a Master Valet Parking Operator permit.
(i) The Master Valet Parking Operator permit application shall comply with the requirements set forth in Section 103.02.1 and shall separately identify each location to which it applies. A Master Valet Parking Operator permit shall apply only to those locations specifically identified in the permit at the time it is issued.
(ii) Permittees that have obtained a Master Valet Parking Operator permit shall file applications for additional Valet Parking locations in person only at the main office of the Office of Finance. Applications for additional locations shall identify the location and the name of the Valet Parking Operator employee designated to manage, supervise or operate the location.
(iii) The Board may grant a temporary permit for an additional location on the same day the application for such location is submitted to the Office of Finance, provided the following conditions are met:
(a) A Master Valet Parking Operator permit is on file at the Office of Finance;
(b) A complete permit application for the additional location is on file with the Board;
(c) All permit fees and taxes owed to the City have been paid to the Office of Finance; and
(d) A preliminary investigation by the Board does not reveal information which would constitute grounds for denial.
(c) Additional Application Requirements. In addition to the requirements specified in Chapter X, Article 3, Division 3 of this Code, each applicant for a Valet Parking Operator permit shall furnish the following information with the application:
1. The name and location of the businesses to be served;
2. The seating capacity or other occupancy capacity of the businesses to be served;
3. A signed statement from the owners or managers of the businesses to be served requesting the services of the applicant. The applicant shall notify the Board within fifteen (15) days of any modification, transfer, amendment or termination of any agreement requesting the services of a Valet Parking Operator.
4. The hours of operation and the number of employees of the applicant who will be assigned to that location;
5. The name and location of the parking lot where vehicles will be parked or stored for the businesses served;
6. The name, location and telephone number of the employee or agent of the applicant who shall be available at all times during the hours of operation for that location;
7. The routes to be used between the passenger loading/unloading zone or other vehicle pickup point and the parking or storage location;
8. A copy of the written contract between the applicant and the operator of any parking facility designated as the parking or storage location. The applicant shall notify the Board within fifteen (15) days of any modification, transfer, amendment or termination of the contract;
9. A signed statement from the operator of any parking facility designated as the parking or storage location as to that facility's ability to accept the cars, the number of spaces to be reserved for the applicant's operations, and the total number of spaces in such parking facility. In cases where the parking facility is part of a building or premises devoted to other uses that require off-street parking, the statement shall also include information as to the number of parking spaces that were required by law to be provided in the parking facility to serve such other uses when said uses were established;
10. A copy of a valid Automobile Parking Lot permit issued under Los Angeles Municipal Code Section 103.202 to any parking facility designated as the parking or storage location, if applicable;
11. The location of any proposed Valet Parking signs and any proposed attendant stands;
12. Identify all Valet Parking equipment intended to be used during Valet Parking operations;
13. Proof that the applicant has insurance in force satisfying the requirements specified in subsection (d)16., below; and
14. Disclosure of all prior Valet Parking Operator permits issued to applicant by the City of Los Angeles.
(d) Operating Requirements.
1. Operating in the Public Rights-of-Way. The Permittee shall at no time, unless expressly authorized on the permit:
(i) Receive or take possession of (for the purpose of parking or temporary storage until the return of the same to the patron) a patron's vehicle upon any portion of the public right-of-way or other public property; or
(ii) Park and leave standing any patron's vehicle upon any portion of the public right-of-way or other public property (including any publicly owned off-street parking space); or
(iii) Use the public right-of-way for vehicle pickup and drop off locations; or
(iv) When use of the public right-of-way is permitted for Valet Parking purposes, the City may impose fees for the use of parking spaces and public streets:
a. Use of Parking Meters. The City may charge a parking meter usage fee for designated pickup and drop off valet parking locations on the public right-of-way, which fee shall be set from time to time by resolution of the City Council.
b. Street Usage. The City may charge a street usage fee for the use of city streets and properties by valet parking operations on the public right-of-way, which fee shall be set from time to time by resolution of the City Council.
2. Claim Checks. The Permittee shall issue a sequentially numbered claim check to each patron upon receipt of patron's vehicle for valet parking. The claim check shall explicitly state the terms and conditions under which the vehicle is being accepted.
3. Pedestrian Walkways. The Permittee shall ensure that pedestrian walkways are not blocked at any time during valet parking operations.
4. Parking on Private Property. The Permittee shall at no time allow any patron's vehicle to be parked upon private property without a signed statement of authorization by the owner or other person having legal control of such private property.
5. Valet Parking Attendants. The Permittee shall employ Valet Parking Attendants sufficient in number to park vehicles so that traffic on streets or sidewalks will not be impeded by the activities of the Permittee. The Permittee shall ensure that each person employed or acting as a Valet Parking Attendant has a valid permit issued by the Board.
6. Locking of Vehicles. The Permitee shall ensure that Valet Parking Attendants who park a vehicle lock the ignition and the vehicle, remove the key and place the key in a safe place. The Permittee shall ensure that Valet Parking Attendants do not place the key in or upon the vehicle that is parked.
7. Sign Requirements. Each Permittee shall maintain, at each location at which a patron surrenders his or her vehicle for parking, a sign plainly visible from the street with letters/numerals in contrasting colors, showing the Permittee's name, the address and telephone number of the business, the hours of operation, the police permit number and the valet parking fees, if any. If fees are charged, such fees also shall be stated as follows:
(i) Rates per hour;
(ii) Rates per fraction of an hour, if any;
(iii) Rates for subsequent hours or fractions thereof; and
(iv) The maximum charge.
All fractions of time must be spelled out in letters. Valet parking signs must not be less than 24 by 36 inches in size. The "Valet Parking" and the maximum charge portion of the sign must have a minimum lettering/numeral size of three inches per character.
8. Rate Restrictions. The Permittee shall not charge any higher rates for parking than those rates posted.
9. Closing Time. At closing time, the Permittee shall lock all vehicles that remain in its possession or custody, except those locked by the patron. Permittee shall deposit the vehicle keys with a responsible person at a safe and convenient place, to be delivered to the person who left the vehicle with Permittee upon surrender of the claim check, or otherwise upon proof that such person has the right to possess the vehicle, and payment of any applicable fees or charges.
10. Parking Longer Than 48 Hours - Notice to Police. The Permittee shall notify the police whenever a vehicle has been left in its possession or custody for a period in excess of forty-eight (48) hours without a prior contractual arrangement for such period of time in order to determine whether the vehicle is stolen or abandoned.
11. Employee Identification, Uniforms and Safety Equipment. The Permittee shall ensure that all employees who drive a patron's vehicle or who handle a patron's vehicle keys have a current and valid California driver's license and wear a standard uniform that conspicuously identifies the employee by his or her full name and the name of the Valet Parking business. The Permittee shall ensure that all employees who receive, take possession of, or move a patron's vehicle upon any portion of the public right-of-way wear high-visibility safety vests.
12. Employee Background. The Permittee shall not allow any employee who has been convicted within the previous seven (7) years of a felony or any offense involving violence, dishonesty, automobile theft, automobile vandalism, reckless driving or driving under the influence of drugs or alcohol to drive a patron's vehicle or handle a patron's vehicle keys.
13. Records. Every Permittee shall maintain:
(i) A continuously updated list of the names and residence addresses of its employees who perform Valet Parking. Such list shall be maintained at the business address listed on the permit application and shall be produced on demand of any peace officer.
(ii) All financial records related to the Valet Parking operation for a minimum of three years and shall make them available to the Office of Finance for inspection at any time during the Permittee's hours of operation.
14. Valet Parking Equipment. Attendant stands and other equipment may be placed on the sidewalk in the public right-of-way during Valet Parking operations, as approved by the Board.
15. Traffic Safety. The Permittee shall ensure that Valet Parking operation at no time interferes with the normal flow of vehicle traffic on the public right-of-way. No vehicle queuing is allowed on the public right-of-way at any time. No vehicle may stop or stand at a drop-off or loading area for longer than five minutes, except for a maximum of ten minutes where signs indicating a ten minute limit are posted.
16. Insurance Requirements.
(i) The Permittee shall obtain, carry, maintain and keep in full force and effect:
a. A policy or policies of comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit coverage and Two Million Dollars ($2,000,000.00) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the Permittee, it's agents and employees.
b. Insurance coverage commonly known as garage keeper's legal liability coverage with minimum limits of Two Hundred Fifty Thousand dollars ($250,000.00) per occurrence and One Million Dollars ($1,000,000.00) in the aggregate. Garage keeper's legal liability coverage may be secured as a separate insurance policy or secured as part of an insurance policy providing other required coverages.
c. A policy or policies of comprehensive vehicle liability insurance covering personal injury and property damage with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit, covering any vehicle in the possession of the Permittee, its agents and employees in conjunction with the operation of vehicles pursuant to the permit.
(ii) Insurance must be placed with insurers admitted in the State of California or have a current A.M. Best rating of no less than A:6.
(iii) Deductibles not to exceed Five Thousand Dollars ($5,000.00) per occurrence are authorized in connection with the comprehensive general liability coverage, garage keeper's legal liability coverage and comprehensive vehicle liability coverage.
(iv) The Permittee shall maintain on file with the Board a certificate or certificates of insurance on the City's form, showing that the policies of insurance required by this section are in effect in the required amounts and showing the amount of any deductibles. The policies of insurance required by this section shall contain an endorsement naming the City as an additional insured. All of the policies required under this section shall contain an endorsement specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this section.
(v) The insurance provided by the Permittee shall be primary to any coverage available to the City. The policies of insurance required by this section shall include provisions for waiver of subrogation.
(vi) The Permittee shall obtain, carry, maintain and keep in full force and effect workers' compensation insurance as required by law.
(e) Indemnification. The Permittee, and any person acting under or pursuant to a Valet Parking Operator's permit, agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the City, 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 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 its employees, subcontractors or agents; (3) any condition of property used in the permitted operation; or (4) any acts, errors or omissions (including, without limitation, professional negligence) of the Permittee and its employees, subcontractors or agents in connection with the Valet Parking operation.
(f) Disciplinary Action - Additional Grounds. The following acts committed by a Permittee shall be grounds for disciplinary action in addition to the grounds listed in Section 103.35:
1. The Permittee, its agents or employees, through carelessness, negligence or failure to make proper provision for the safeguarding of vehicles left in their custody, have knowingly or unknowingly facilitated or contributed toward the theft or conversion of any such vehicle, or of the contents thereof, or the damaging of any such vehicle; or
2. The Permittee, its agents or employees have failed to cooperate with the police to aid in the investigation of any theft or other crime committed on a parking lot used by Permittee, or which arose out of the conduct of the business for which the permit was issued; or
3. The Permittee, its agents or employees knowingly delivered a vehicle in their custody to a person neither the registered owner thereof nor entitled to possession of such vehicle; or
4. The Permittee's Valet Parking operation has negatively impacted traffic or disrupted the peace and quiet within any area of the City; or
5. The Permittee fails to comply with all City business tax and parking occupancy tax laws; or
6. The Permittee fails to comply with any of the operating requirements in Subdivision (d) of this section, or any rules or regulations adopted by the Board governing valet parking.
(g) Violation. Violations of the operating requirements in Subdivision (d) of this section, or any rules or regulations adopted by the Board governing valet parking, shall not be prosecuted as misdemeanors, but shall be subject to administrative sanctions and civil remedies as provided by this Code, or at law or in equity, or any combination of these.
Any person operating as a Valet Parking Operator without a permit as required in Subdivision (b) of this section shall be guilty of a misdemeanor.
(h) Severability. If any portion of this section is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this section shall remain in effect. The people of the City of Los Angeles hereby declare that they would have adopted each portion of this section, notwithstanding the fact that any one or more portions of this section is declared invalid or unenforceable and, to that end, the provisions of this section are severable.