The city manager or designee may suspend for a period of up to one year, or may revoke, a valet parking permit if there is reasonable cause to believe that:
(a) The permittee has operated or managed the valet parking service in a manner which violates any provision of this chapter or any restriction or prohibition imposed in the permit;
(b) Any employees of the permittee engaged in providing valet parking services under the permit have violated any provision of this chapter or any restriction or prohibition imposed in the permit and the permittee has permitted them to do so, or failed to prevent them from doing so. The employer shall be responsible for those acts of its employees which are done in the course and scope of their employment;
(c) The permittee willfully made a materially false or misleading statement, or omission of fact on any application, or in any supplementary materials submitted or in any interview conducted in the processing of the application for the permit;
(d) The permittee is operating or managing the valet parking service in a manner which poses a danger to the health and safety of employees, customers, and/or the public.
Whenever the city manager has reasonable cause to believe that grounds for the suspension or revocation of a permit exists, the city manager or designee shall give the permittee written notice stating the alleged grounds for the suspension or revocation and the effective date of the suspension or revocation. This notice will be by certified mail or personal delivery to the permittee, and shall provide the permittee with information on the appeal process.
Upon receipt of a request for an appeal hearing, the city manager or designee shall notify the permit holder in writing by personal delivery or certified mail of the date, time, and place of the hearing, which shall not be less than ten business days after the service of the notice. At the hearing, the permittee shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the appeal, as stated in the written request for an appeal hearing. If the permittee requires the services of an interpreter for the hearing, the applicant shall arrange for the services of a court-certified interpreter at the permittee's expense. Within ten business days after the hearing, the city manager or designee shall issue a written decision which states whether the permit shall be suspended or revoked, the length of any suspension and the effective date of the suspension or revocation. The decision of the city manager or designee shall be served on the permittee by personal service or by certified mail. The decision of the city manager or designee shall be final and not subject to appeal.
Upon a written decision of the city manager or designee which suspends or revokes a permit, the permittee shall surrender the permit to the city manager immediately after service of the notice of the written decision.
No application for any valet parking permit issued under this chapter shall be accepted by the city manager from the same applicant within one year following revocation of a permit issued under this chapter or while the applicant has a suspended permit.
(Ord. 4603 § 2 (part), 1999)