§ 70.15  COMMERCIAL TOUR VEHICLE PERMIT.
   (A)   The City Council finds that sightseeing and similar commercial vehicle tour operations enhance the vibrancy of the city and are a source of economic development.  The City Council further recognizes that such operations may, if not reasonably regulated, interfere with the use of the city’s limited public spaces and rights-of-way. The intent of this section is to reasonably regulate those vehicles and operations which utilize city spaces to operate, stage, or display their business so as to limit their adverse impacts on the city’s infrastructure and on the general public.
   (B)   Consistent with the terms of this section, the City Council may issue up to three commercial touring vehicle permits entitling a permittee to operate, stage, and display a commercial touring vehicle on city streets and other public places as provided for in this section.
   (C)   No person or entity may operate, stage, or display a commercial touring vehicle utilizing the Coghlin Park cut out, as provided for in division (H)(1), without first obtaining a permit as provided for in this section. For purposes of this section, a COMMERCIAL TOURING VEHICLE means any vehicle operated for conducting sightseeing or similar tours for the general public and which have seating capacity in excess of eight passengers.
   (D)   Permits for the operation, staging, or display of a commercial touring vehicle may be issued by the City Council in accordance with the following provisions:
      (1)   Application.  Application for a permit shall be made to the City Clerk on forms supplied by the city.  The application shall contain the following information:
         (a)   Name and address of applicant.  If applicant is an individual, his/her name and address; if applicant is a corporation or other type of entity, its name, address of principal place of business, name and address of registered agent (if any), state of formation, evidence of its qualification to do business in the state, and evidence of the entity’s good standing.
         (b)   Proposed location of place(s) of business in the city.
         (c)   Identification of the year, model, make, unit number, serial number, and passenger (excluding driver) seating capacity of each vehicle that will be utilized.
         (d)   Relative to each driver who will be operating a commercial touring vehicle pursuant to the permit, evidence of current drivers license issued by the state and the class and type of vehicle authorized to be operated.
         (e)   Evidence that the applicant owns or leases the vehicle(s).
         (f)   Evidence of insurance coverage consistent with the terms of this section.
         (g)   Any trade name under which applicant proposes to operate.
         (h)   Applicant's previous experience in transportation of passengers including any government which has authorized applicant to operate motor vehicles for hire, whether such authority has ever been suspended or revoked, whether a request for issuance of such authority has ever been denied, and the reason for such suspension, revocation, or denial.
         (i)   Any other information requested by the City Manager or City Council.
      (2)   Application fee.  Each application shall be accompanied by payment of a non-refundable fee in such amount as established by resolution of the City Council to defray the expense of administering, processing, and regulating the permit.
      (3)   Process.  Following receipt of a completed application and the fee provided for in this section, the application shall be submitted to the City Council for review and action.  In making its determination, the City Council shall consider compliance with the provisions of this section.
   (E)   No permit issued hereunder may be transferred, sold, or assigned without approval of the City Council pursuant to the same procedure as a new permit application.
   (F)   Any permit issued hereunder may be suspended or revoked by the City Council, following notice and a hearing before the City Council, if the City Council finds that any permit holder has violated any provision of this section or the City Code, has otherwise engaged in or allowed conduct not in the public interest, has violated any other law, has failed to maintain the insurance required by this section, or has failed to provide the service represented in his/her/its application.
   (G)   The permit holder shall obtain and maintain for the duration of the permit commercial liability insurance coverage at all times when the commercial touring vehicle is operated, naming the city and its officers and employees as additional insured parties.  The insurance shall be written on an occurrence policy basis in a form satisfactory to the city.  The permit holder shall provide the city, prior to the issuance of the permit, and from time to time thereafter at the request of the city, proof acceptable to the City Manager of the existence of such coverage and compliance with the terms of this paragraph.  Such insurance shall have limits of not less than $1,000,000 per each accident, property damage, or personal injury/death.  The insurance must contain comprehensive coverage to insure against any and all claims arising out of or attributable to the presence or encroachment of the commercial touring vehicle in, upon, or over the public rights-of-way, Coughlin Park curb cut-out, or other city public property, regardless of whether the permit holder or any of its officers, employees, or agents are negligent in any manner, and also contractual liability coverage to insure that the indemnity obligations of the permit holder to the city pursuant to the permit are met.  The certificate of insurance must contain an unqualified guarantee that the city will be provided with 30 days prior written notice of cancellation, termination, non-renewal, or a material change in coverage of the insurance policy provided.  Nothing herein shall waive the permit holder’s obligation to otherwise comply with state insurance requirements, if any.
   (H)   General requirements.
      (1)   Operation locations.  Commercial touring vehicles may only be operated, staged, or displayed from the principal place of business as identified in the permit and at the city-designated Coghlin Park curb cut located at Culver Street.  With respect to the Coghlin Park curb cut, permit holders shall mutually agree to schedules applicable to their respective use of the curb cut.  Commercial touring vehicles may, however, occupy any otherwise lawful parking space while on tour, if necessary, for the conduct of the tour.
      (2)   Scope.  During its regular business hours the permit holder may, pursuant to the permit and this section, pick up and drop off customers and stage the commercial touring vehicle for tours, all in compliance with the laws, ordinances, and rules of the city and the state, and subject to the general use of these rights-of-way and property by the general public.  The city makes no representations or warranties as to the condition of the public rights-of-way or other public places, the suitability of these public places for the permit holder’s use, or any physical or other condition.  The city will have no liability or responsibility for additional upkeep, maintenance, scheduling, or any other duty with respect to the permit holder or its property as a result of the permit.  The permit holder may not install or utilize any signage on or in the public places except with the written consent of the city; provided, however, any permit holder’s sign previously located at the Coghlin Park curb cut-out as of the effective date of this section is expressly permitted without further action of the city for the duration of that permit.
      (3)   Authorized operation.  No permit issued pursuant to this section shall be utilized by any person other than the owner of such vehicle or his/her duly licensed authorized agent.
      (4)   Public liability and indemnity.  The permit holder will hold the city and its officers, employees, and agents harmless from, and defend and indemnify them against, any and all claims or lawsuits seeking recovery for damage or injury, including death, and against any other legal proceedings instituted against any of them, directly or indirectly, arising from the design, construction, or physical existence of the commercial touring vehicle or the operations of the permit holder on, within, and over any public right of way or other city public property.
      (5)   Passengers limited.  No vehicle operating pursuant to this section shall be operated with more passengers than the stated seating capacity of the vehicle.
      (6)   Compliance with traffic laws.  All vehicles licensed pursuant to this section shall comply with and be subject to the traffic laws, rules, and regulations of the city and the state.  In this regard, said vehicles shall be operated with due respect for the safety, comfort, and convenience of passengers and for the safe and careful transportation of property of passengers and the safety of the general public, and all reasonable efforts shall be made to promote such safety at all times and under all conditions.  In addition, commercial touring operators shall operate their vehicles in a manner which maintains a speed consistent with the normal flow of traffic upon the streets of the city so as not to restrict such traffic flow;  provided, further, that commercial touring operators shall have no authority to stop, block, direct, or otherwise inhibit the flow of traffic when entering or departing a public street or highway.
      (7)   Loading or unloading passengers. No driver of any vehicle for hire shall stop to load or unload any passenger while situated in an intersection or crosswalk or in such manner as to interfere with the orderly flow of traffic. Operators of such vehicles shall not receive or discharge passengers in the street but shall pull up to the sidewalk or, in the absence of a sidewalk, to the extreme right side of the street, except on one-way streets, and there receive or discharge passengers.  Double-parking for the purpose of loading or unloading passengers is prohibited.
(Ord. 100809-1, passed 8-9-2010; Am. Ord. 180514-1, passed 5-14-2018)