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(a) List of Employees. A permittee shall maintain a continuously updated list of the names, residence addresses and current driver's license numbers of all employees or other individuals working at the parking garage or parking lot for which the Chief of Police issued a commercial parking permit. A permittee shall maintain the list at the business address listed on the permit application, and shall make the list available for inspection and copying during business hours on demand of any peace officer.
(b) Criminal History. Except with the prior written authorization of the Chief of Police, a permittee shall not allow any employee or other individual to work at a permitted parking garage or parking lot if, in the preceding ten years, the employee or individual has been convicted of or has plead guilty or no contest to any covered crime. The Chief of Police shall evaluate on a case-by-case basis any request for authorization for an employee or other individual who has been convicted of or has plead guilty or no contest to any covered crime in the preceding ten years to work at the permitted parking garage or parking lot. In determining a request for authorization, the Chief of Police shall give due consideration to the factors in Section 1215.2(c)(3). The term of any written authorization of the Chief of Police may not exceed two years.
(c) Identification Badge. Every employee or other individual who works at a parking garage or parking lot shall wear conspicuously upon his or her person an identification badge that the permittee provides, of a type and design that the Chief of Police has approved.
(Added by Ord. 219-10, File No. 100639, App. 8/12/2010)
(c) In any civil court action brought by the City Attorney to enforce Sections 1215 through 1215.6 in which the City succeeds in obtaining any order from the Court, the City shall be entitled to recover from any and all applicable Persons all of its costs of investigation, enforcement, abatement, and litigation.
No corporation, partnership or other business entity or employee thereof may solicit the storage or parking of any motor vehicle for which a parking space may or may not be rented unless the corporation, partnership or business entity holds a valid valet parking permit issued by the Chief of Police; notwithstanding the foregoing provision, a governmental entity that solicits the storage or parking of any motor vehicle for which a parking space mayor may not be rented is not required to obtain a valid valet parking permit issued by the Chief of Police, provided that all persons engaged by the governmental entity to perform said activities are employees of the governmental entity.
(a) A fixed location valet parking permit shall be required for any valet parking operator who performs valet parking services at a restaurant or other place of public assembly which utilizes valet parking services on a daily or regularly scheduled basis. Any location which uses valet parking services more than once each week and more than 52 times per year requires a fixed location permit. Application for location valet parking permits shall include verification by the owner of an off-street parking garage or lot that a specified number of parking spaces will be guaranteed for the use of the applicant.
A holder of a fixed location valet parking permit may assess the owner or operator of a motor vehicle which it accepts for valet parking a reasonable fee for its services; provided, that the person who has hired the permittee has agreed in writing that fees may be charged of such owners and operators, that the permittee meets all applicable parking tax obligations which may be connected with such charges, and further provided, that the permittee shall provide each such owner and operator with advance notice of the applicable fees to be charged.
(b) An annual special event valet parking permit shall be required of any valet parking operator who performs valet parking services at locations other than those defined as fixed locations in Subdivision (a) of this Section.
Special event valet parking permit holders shall provide the appropriate Police Department District Station(s) with seven days' advance written notice of the location, date and hours of each special event valet parking operation for which a permit is requested, or, if seven days' notice is impossible, the permit holders shall notify the District Station(s) as soon after the permit holder's services are engaged for any event as is possible. The District Station Captain shall have the right to prohibit the use of a special event valet parking permit at a given location if he or she finds that there are insufficient on-street parking spaces in the locale and the permit holder has presented no adequate plan to park the vehicles legally.
There shall be no appeal from the Captain's denial unless the notice of an intended event at a particular location has been given at least twenty days before the event, in which case appeal shall lie only to the Chief of Police, or his or her designate.
No holder of a special event valet parking permit may require any payment from vehicle operators for valet parking services.
(Added by Ord. 156-85, App. 3/28/85; amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 5-13
, File No. 121064, App. 1/24/2013, Eff. 2/23/2013)
Applications for fixed location valet parking and special event valet parking permits shall be made upon application forms provided by the Chief of Police, and shall be accompanied by any required filing fee, and shall state: (1) the business name and address of the applicant; (2) the names and residence address of every officer or partner, and of every owner of 10 percent or more of the applicant; (3) all felony criminal offenses for which the persons in Subsection (2) above have been convicted, including the nature of the offense and the place and date of the conviction; (4) the identifying number of the applicant's San Francisco business license; (5) for fixed location permits, the location of the business at which the valet parking services will be performed, the off-street parking location at which vehicles will be parked and the number of parking spaces available at that location; and (6) any other information as the Chief of Police finds reasonably necessary to effectuate the purposes of this ordinance. The applicant shall meet the following insurance requirements throughout the term of any issued under this ordinance:
(a) Workers' Compensation, with Employers Liability limits not less than $1,000,000 each accident, but only if permittees have employees as defined by the California Labor Code.
(b) Comprehensive General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations Coverages.
(c) Comprehensive Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit Bodily Injury and Property Damage, including owned, nonowned and hired auto coverages, as applicable.
(d) Garagekeepers' Legal Liability Insurance, including coverages for fire and explosion, theft of the entire motor vehicle, riot, civil commotion, malicious mischief and vandalism, collision or upset with coverage limits to be determined by the average number of vehicles an applicant parks on any given day in accordance with the following schedule:
0-10 vehicles | $100,000 limit of coverage |
11-15 vehicles | $150,000 limit of coverage |
16-20 vehicles | $200,000 limit of coverage |
21-25 vehicles | $250,000 limit of coverage |
26-30 vehicles | $300,000 limit of coverage |
31-35 vehicles | $350,000 limit of coverage |
36-40 vehicles | $400,000 limit of coverage |
41-45 vehicles | $450,000 limit of coverage |
46+ vehicles | $500,000 limit of coverage |
Comprehensive General Liability, Comprehensive Automobile Liability and Garagekeepers' Legal Liability Insurance policies shall be endorsed to provide the following:
(1) Name as Additional Insureds the City and County of San Francisco, its officers, agents, employees and members of commissions.
(2) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of activities conducted under the permit, and that insurance applies separately to each insured against whom claim is made or suit is brought.
All policies shall be endorsed to provide that 30 days' advance written notice to the City of cancellation, nonrenewal or reduction in coverage, shall be mailed to the following address:
CHIEF OF POLICE
Hall of Justice
850 Bryant Street
San Francisco, CA 94103
Hall of Justice
850 Bryant Street
San Francisco, CA 94103
Certificates of insurance, satisfactory to the City, evidencing all coverages above shall be furnished to the City prior to issuance of a permit and renewal of a license or before commencing any operations under a permit, with complete copies of policies furnished to the City upon request.
(Added by Ord. 156-85, App. 3/28/85; amended by Ord. 418-87, App. 10/23/87; Ord. 287-08, File No. 081340, App. 12/5/2008)
The Chief of Police shall investigate all applications and without unnecessary delay shall thereafter hear the application and then grant the application unless he or she finds:
(a) That any owner, officer or partner of the applicant within four years prior to the date of application, has been convicted of burglary, robbery, theft, receipt of stolen property, breaking or removing parts from a vehicle, malicious mischief to a vehicle, unlawful use or tampering by bailee of a vehicle, altering a vehicle identification, or any offense related to the use of alcohol, narcotics or controlled substances; or
(b) That any owner, officer or partner of the applicant has intentionally falsified any statement contained in the application; or
(c) For fixed location permits, that the number of proposed parking spaces is insufficient to ensure that the valet parking operation will not be required to use on-street parking spaces.
Upon granting the fixed location permit or the annual special event permit, the Chief of Police shall forward the permit(s) to the Tax Collector who shall issue a license or licenses upon payment by the applicant of the license fee(s), as set forth in Section 2.27 of this Code. The license fee for this permit shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(Added by Ord. 156-85, App. 3/28/85; amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
The Chief of Police shall revoke a permit issued hereunder if, after a hearing on the matter, he or she finds that grounds exist which would have constituted just cause for refusal to issue such permit, that the permittee has repeatedly parked vehicles under its control in a manner contrary to law, or that the permittee has failed to comply with any requirements imposed by this ordinance or any rules and regulations issued by the Chief to carry out the purposes of this ordinance. Written notice of the revocation hearing, setting forth the time and place of hearing and a brief statement of the reason(s) for the proposed revocation, shall be served on or mailed to the permittee at the business address listed in the permit application no less than 10 days prior to the hearing.
(Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
The Chief of Police is hereby authorized to promulgate rules and regulations after noticed hearing to effectuate the purposes of this ordinance. Failure to comply with such rules and regulations, or with any other requirements imposed by this ordinance, shall constitute grounds for revocation of a permit.
The permittee shall have the permit(s) required by this ordinance in its possession at the place where it is conducting any valet parking activity under the permit(s), and shall exhibit such permit(s) on demand of any peace officer.
Upon the receipt of each motor vehicle accepted for valet parking, the permittee shall give to the vehicle owner or operator a claim check for the vehicle. The claim check shall show the corporation or business name of the permittee and shall explicitly state the terms and conditions under which the vehicle is being accepted. The permittee shall display the corporation or business name of the permittee, and the date and the street address of the event for which valet parking is being conducted in a clearly visible manner on the driver's side of each motor vehicle throughout the time that said vehicle is in the permittee's custody and control.
The permittee shall, within 10 days of the change of the name of the permittee entity or the change in one or more partners or officers or in the ownership of 10 percent or more of the corporate stock, inform the Police Department, in writing, of such change.
(Added by Ord. 156-85, App. 3/28/85; Ord. 287-08, File No. 081340, App. 12/5/2008)
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