A. Approval. Upon receipt of a complete application for a new or renewal valet parking permit, and upon a determination that the application satisfies the standards and conditions set forth in this chapter, the Village Manager shall approve the application and direct the Village Clerk to issue a valet parking permit to the applicant. The Village Manager may condition approval of the application upon additional provisions or restrictions that are consistent with the provisions set forth in this chapter.
B. Denial or Revocation.
1. Grounds for denial or revocation. The Village Manager may revoke an existing valet parking permit or deny an application for a new or renewal valet parking permit, upon a determination that:
a. The Village has a need to use the public streets, rights-of-way, parking lots, or parking spaces utilized by the applicant for valet parking services;
b. The valet parking service causes traffic or safety problems;
c. The applicant or valet parking operator is not an individual or company of good moral character and business responsibility;
d. The application contains any false, fraudulent or misleading material statement;
e. The applicant or valet parking operator has made any false, fraudulent, or misleading material statement in the course of applying for or conducting prior valet parking services in the Village;
f. The applicant or valet parking operator has previously violated any statute, ordinance, rule or regulation relating to the provision of valet parking services;
g. The applicant or valet parking operator has conducted valet parking services in the Village in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public;
h. The parking spaces identified in the valet parking plan are no longer available to the extent necessary for the safe operation of valet parking services; or
i. The applicant or valet parking operator does not comply with the approved valet parking plan or any of the conditions in its valet parking permit.
2. Refund of Application Fee. In the event that the Village Manager denies an application for a new or renewal of a valet parking permit, the Village shall refund the application fee to the applicant; provided, however, that the Village shall have the right, but not the obligation, to retain fifty (50) percent of the fee submitted within an application for a valet parking permit pursuant to Section 5.76.030.B of this chapter, to reimburse the Village for its costs in reviewing and processing the application.
3. Notification of Denial or Revocation. Upon the revocation of an existing valet parking permit or the denial of an application therefor, the Village Manager, or his or her designee, shall notify the applicant by first-class mail.
4. Appeal.
a. Filing of Appeal. The decision of the Village Manager to revoke a valet parking permit or to deny an application for a new or renewal or valet parking permit may be appealed to the Village Council by filing a Notice of Appeal with the Village Manager. The Notice of Appeal must include a written statement setting forth fully the grounds of appeal, and must be filed within fourteen (14) days of the date on which the Village mailed notice of revocation or denial to the applicant pursuant to Section 5.76.040.B of this chapter.
b. Scheduling and Notice of Appeal. Any appeal filed pursuant to this Section 5.76.040.B.4.a. shall be heard at a regular meeting of the Village Council within thirty (30) days of the filing of the Notice of Appeal. The Village Manager, or his or her designee, shall notify the appellant of the date and time of Village Council consideration of the appeal by first-class mail.
c. Village Council Determination. The decision and order of the Village Council on the appeal filed pursuant to this Section 5.76.040.B.4 shall be final.
C. Amendment of Valet Parking Permits.
1. By the Permit Holder. A valet parking permit holder may request an amendment to a valet parking permit by submitting to the Village Manager documentation supporting and detailing the reasons for the requested amendment. The Village Manager shall review the request and shall either grant or deny the amendment request, in writing, within thirty (30) days of the date of submission of the amendment request. In the event that the Village Manager denies the amendment request, he or she shall set forth the reasons for such denial in writing. The failure of the Village Manager to grant or deny a valet parking permit amendment request within thirty (30) days of the date of submission thereof shall be deemed a denial of the request.
2. By the Village.
a. The Village Manager may initiate a valet parking permit amendment by providing (i) written notice to the applicant, and (ii) a statement setting forth the reasons for the amendment.
b. The applicant shall have thirty (30) days from the date of receipt of the written notice provided pursuant to Section 5.76.040.C.2.a of this chapter to either (i) accept the proposed amendments, or (ii) request a meeting with the Village Manager to discuss the proposed amendments, which meeting must be conducted within thirty (30) days of the applicant's request for the meeting.
c. The amendments recommended by the Village Manager shall be effective upon the later to occur of (i) the date that is thirty (30) days after the date of receipt of the written notice provided pursuant to this Section 5.76.040.C.2.a of this chapter, and (ii) the date of the meeting between the Village Manager and the applicant conducted pursuant to Section 5.76.040.C.2.b of this chapter.
d. An applicant may appeal any valet parking permit amendment enacted by the Village Manager according to the procedure set forth in Section 5.76.040.B.4 of this chapter.
(MC-3-2019, Added, 06/04/2019)