HomeMy WebLinkAboutOrd 15231
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JERO ME F. COLEMAN
wrroRNEv
CITY OF BURLIN GAME
601 PRIMROSE ROAD
BURLINGAME, GLIF.94010
ORDINANCE No, 1523
ESTABLISHING PROCEDURES FOR VALET PARKING PERMITS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain
as follows:
Section 1, Chapter 6.30, establishing a procedure for
permits for valet parking permits, is hereby added to the
Burlingame Municipal Code to read as follows:
"Chapter 6.30
VALET PARKING
6.30.010 Fixed location valet parking and special event valet
parking permits.
No corporation, partnership or other business entity or
employee thereof shall solicit the storage or parking of any motor
vehicle unless the corporation, partnership or business entity
holds a valid and unrevoked valet parking permit. This chapter
shall not apply to any business which provides such parking solely
nn its _oremi.ses and does not use the public streets for pick-up,
drop-off, or movement of vehicles.
(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
aalet parking services on a daily or regularly scheduled basis,
Any location Which uses valet parking services at Least once each
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JERO ME F. COLEMAN
CITYOOF BU RLINGAME
SPRIMROSE ROAD
BURIJNGAME, GLIF.84010
week requires a fixed location permit. Applications for fixed
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.
(bj A 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
police department with seven days' advance written notice of the
location, date, and hours of each special event valet parking
operation which they may thereafter perform, or, if seven days'
advance notice is impossible, the permit holders shall notify the
police department as soon after the permit holder's services are
engaged for an event as is possible. The police department shall
have the right to prohibit the use of a special event valet
parking permit at a given location if it finds that there are
insufficient 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 department's denial unless
the notice of an intended event at a particular location has been
given 20 days before the event, in which case appeal shall be to
the City manager.
(c) No holder of any type of valet parking permit may
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JERO ME F. COLEMAN
ATroRNEr
CITY OF BU RIIN GAME
SOI PRIMROSE ROAD
BURLINGAME. GLIF.96010
assess the owner or operator of a motor vehicle which it accepts
for valet parking any fee or other charge for its services.
6.30.020 Application for permit.
Any person desiring a fixed location valet parking permit or
a special event valet parking permit shall first make an
app. ication therefor by filing with the license collector a sworn
application in writing on a form to be furnished by the license
ollector which shall give the following information:
(a) Name, residence, and telephone number;
(b) The previous address of the applicant during the five
years immediately prior to the present address of the applicant;
(c) Social security number and driver's license number, if
any; whether the driver's license has been revoked or suspended
and the reason therefore;
Id) Birth certificate or other written proof acceptable to
hepolice department that the applicant is at least eighteen
years of a_fe;
(e) Fingerprints (taken by the police department for
criminal history information).
(f) Business, occupation, or employment of the applicant
for the five years immediately preceding the date of application;
(g) The business license and permit history of the applicant;
whether such person, in previously operating in this or another
city or sLa'i.e, under license or permit has had such license or
permit revoked or suspended, the reason therefor, and the business
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JERO ME F. COLEMAN
ArroRNEv
CITV00F BURLIN GAME i,
301 PRIMROSE ROA=
BURLINGM1E, GlJ F. 96010 I.
activity or occupation subsequent to such action of suspension or
revocation;
(h) �nihether such person has ever been convicted of any crime,
including misdemeanor traffic violations. If any person mentioned
in this subsection has been so convicted, a statement must be made
giving the place and court in which such conviction was had, the
specific charge under which the conviction was obtained and the
sentence imposed as a result of such conviction;
(i) The location of the business or event at which the
valet parking services will be performed, the location of the
drop-off and pick-up site, the off-street parking location at
which vehicles will be parked, and the number of parking spaces
available at that location;
(j) Such other identification and information necessary to
discover the truth of matters hereinbefore specified as required
to be set
forth in the application;
(k)
The application will also
include a separately
signed
vaaiver and release authorizing the City of Burlingame, its agents,
and employees to seek information and to conduct an investigation
into the truth of the statements made on the application and
qualifications and record of the applicant.
6,30,030 Corporations and partnerships,
If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its articles of
incorporation together with the names and residence addresses of
CI
JERO ME F. COLEMAN
arr ATroRNEr
QTY OF BURLIN GAME
301 PRIMROSE R
BURLINGAME, WLIF 940 94010
each of the officers, directors and each stockholder holding more
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than ten percent of the stock of the corporation. The information
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hereinafter required shall be provided for each officer of the
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corporation. If the application is a partnership, the information
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hereinafter required shall be supplied for each of the partners,
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including limited partners. If one or more of the partners is a
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corporation, the provisions above pertaining to a corporate
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applicant apply.
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6.30.040 Permit fee and investigation.
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All applications shall be accompanied by an investigation fee
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in the sum of one hundred and fifty dollars in addition to any
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charges for processing fingerprints which may be assessed by the
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State of California,, no part of which is refundable. Upon
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receipt of said application, the license collector shall refer the
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application to the police department which shall interview the
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applicant or any other person and make any other investigation
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necessary to approve or deny the permit.
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6.30.050 Business license.
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At the time of the application for permit, the applicant
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shall also apply for and furnish the information necessary to
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obtain a business license as required by Chapter 6.04 of this
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code. No business license shall be issued until the investigation
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is completed and the permit is approved. The business license
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shall be issued upon payment of the business license as provided
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in Chapter 6.04 of this code.
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JERO ME F. COLEMAN
arr ATroRNEr
QTY OF BURLIN GAME
301 PRIMROSE R
BURLINGAME, WLIF 940 94010
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JEROME F. COLEMAN
CITY ATronrver i,
CITY OF BU RLINGAME '�.
6PR ROAD
BURLINGAME, E, CA CALIF. 94010
6.30.060 Insurance.
The applicant shall meet the following insurance requirements
throughout the term of any permit issued under this ordinance:
(a) Workers' compensation, with employers liability limits
riot less than $1,000,000 each accident, but only if permittee 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, broad form property damage, products
and completed operations coverage,
(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, non -
owned and hired auto coverage, as applicable.
(d) Garagekeepers' legal liability insurance with limits
not less L"ian $500,000 each occurrence, including coverage for
fire and explosion, theft of the entire motor vehicle, riot, civil
commotion, malicious mischief and vandalism, collision or upset,
Comprehensive general liability, comprehensive automobile
liability and garagekeepers' legal liability insurance policies
shall be endorsed to provide the following:
(1) Name as additional insured the City of Burlingame, its
officers,
agents
and
employees;
(2)
That
such
policies are
primary insurance to any other
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JERO ME F. COLEMAN
ArroRN Ev
OITYOOP BUR LINGAME
501 PRIMROSE ROAO
BURLINGAME, GLI F.940)0
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 t�rritten nctice to the city of cancellation, nonrenewal or
reduction in coverage. Certificates of insurance, satisfactory to
the city, evidencing all coverage 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.
6.30,070 Issuance or denial of permit.
The police department shall issue a permit if all required
iriformat.ion has been furnished and the report filed finds that:
(a) The character of the applicant is satisfactory;
(b) Any owner, officer or partner of the business entity
within four years prior to the date of application, has not been
convicted of any felony or of burglary, robbery, theft, receipt of
stolen property, breaking or removing parts from a vehicle,
malicious mischief to a vehicle, unlawful use or tempering by
bailee of a vehicle, altering a vehicle identification number, or
any offense related to the use of alcohol, narcotics or controlled
substances;
(c) The number of proposed off-street parking spaces is
sufficient to ensure that the valet parking operation will not be
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JEROME F. COLEMAN
CM OF BURLINGAME
SOI PRIMROSE ROAD
BURLINGAME, CALIF. 54010
required to use public parking spaces, and such off-street spaces
are not required parking for any other business or use during the
time of proposed use for valet parking.
(d) The applicant has not knowingly and with intent to
deceive, made any false, misleading or fraudulent oral or written
statements in his or her application or to any person
investigating his or her application.
The permit shall be denied if all of the above findings
cannot be made or if all of the information required is not
supplied to the city. The permit may be granted subject to
receipt of criminal history information. If denied, the reasons
therefor shall be endorsed upon the application, and the police
department shall notify the applicant of the disapproval with a
copy of the application upon which the reasons have been endorsed
by first class mail.
F>.30.G80 Appeal.
In the event a fixed location permit has been denied, the
applicant shall have ten days from the date of mailing the notice
within which to appeal to the city council by filing a written
application for a public hearing with the clerk of the city.
Notice and public hearing shall be given as follows:
(a) Upon receipt of the appeal, the city clerk shall set
the matter for hearing before the council, set a regular meeting
thereof, within thirty days fro
m the
date of
filing
the appeal,
and shall give written notice of such
hearing
to the
applicant at
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JEROME F. COLEMAN
wnoBN Ev
CIT'cOF BURLIN GAME
3PRIMROSE ROAO
BURLINGMIE, GUF.94010
his or
her
address set forth in
the appeal
by first class mail at
least
ten
days prior thereto.
the
council finds
(cj A]_1 findings of the council shall be final and
conclusive upon the applicant.
6.30.090 Revocation or suspension of permits.
Any permit issued under this chapter shall be subject to
suspension or revocation by the city manager for violation of, or
for causing or permitting violation of, any provision of this
code or for any grounds that would warrant the denial of such
permits in the first instance.
Prior to the suspension or revocation of any permit issued
under this chapter, the permittee shall be entitled to a hearing
before the city manager or his designated representative, at which
time evidence will be received for the purpose of determining
whether or not such permit shall be suspended or revoked or
vanether the permit may be retained. In the event the permit is
suspended or revoked, the notification of the reasons for such
suspension or revocation shall be set forth in writing and sent to
b) On the
date set, the council shall hear the matter,
and
may
continue it from
time to time before reaching a decision.
If
the
council finds
that the applicant has satisfactorily met all
of
the
requirements
of this chapter, it shall order the issuance
of
the
permit and
business license. If it finds that
the
requirements
have
not been met satisfactorily, it shall deny
the
permit
and license.
(cj A]_1 findings of the council shall be final and
conclusive upon the applicant.
6.30.090 Revocation or suspension of permits.
Any permit issued under this chapter shall be subject to
suspension or revocation by the city manager for violation of, or
for causing or permitting violation of, any provision of this
code or for any grounds that would warrant the denial of such
permits in the first instance.
Prior to the suspension or revocation of any permit issued
under this chapter, the permittee shall be entitled to a hearing
before the city manager or his designated representative, at which
time evidence will be received for the purpose of determining
whether or not such permit shall be suspended or revoked or
vanether the permit may be retained. In the event the permit is
suspended or revoked, the notification of the reasons for such
suspension or revocation shall be set forth in writing and sent to
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JEROME F. COLEMAN
an Anoft rvev
CITY OF BU RLINGAME
501 PRIMROSE ROAD
BUftLINGAME, ULIF. 94010
Lhe permittee by means of first class mail.
In the event of suspension or revocation of any permit, the
permittee may appeal to the city council in the manner as provided
in section 6.30.080.
6.30.100 Rules and regulations—additional requirements.
l:he chief of pclice is hereby authorized to promulgate rules
and regulations after noticed hearing to implement this ordinance.
Failure to r_omply 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 permits) 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 permits) on demand of any peace officer.
A drop-off and pick-up site upon a public street shall only
be at the city approved passenger loading zone set forth in the
permit. At no time shall vehicles be accepted for valet parking
When stopped in a traffic lane, nor shall vehicles be returned to
customers in a traffic lane.
The permittee
shall, upon
the receipt
of each motor vehicle
accepted for valet
parking, give to the owner
or operator a claim
check for said motor
vehicle;
said claim
check shall show the
corporate
or business name of the permittee
and
shall explicitly
state the
terms and conditions under which
the
vehicle is being
accepted.
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JEROME F. COLEMAN
ATroRNEv
CITY OF BUREINGAME
0PRIMROSE ROAD
BURLJNGAME, GLIF.84010
The permittee shall, within 10 days of the change of location
of its off-street parking location, or of the name of the
permittee entity or the change in one or more partners or officers
or in the ownership of ten percent or more of the corporate stock,
inform the police department, in writing, of such change.
6.30.110 Requirements for permittee's employees.
(a) Every corporation, partnership or other business entity
holding a permit under this ordinance shall maintain a
con.-inuously updated list of the names and residence addresses and
current dri_ver'S license numbers of all of its employees who
perform valet parking. Such list shall be maintained at the
business address listed on the permit application, and shall be
exhibited on demand of any peace officer.
(b) it shall be unlawful for any employee who has been
convicted of any of the offenses listed in section 6.30.070(b) to
perform valet parking.
(c) Every employee who performs valet parking shall wear
conspicuously upon their person a badge to be provided by the
permittee, of a type and design previously approved by the chief
of police. Such badge shall contain the name or other individual
identification of the employee.
6.30.120 Conformance with applicable laws.
Nothing in this ordinance is intended to authorize, or
authorizes,
the parking of
motor vehicles by
valet parking
operators in
a manner contrary
to applicable state
laws and local
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JERO ME F. COLEMAN
ArrORN Ev
CITY OF RURLIN GAME
SOI PRIMROSE ROAD
BURLINGAME, GAL1F. 94010
parking and traffic regulations."
Section 2. This ordinance shall be published as required by
law.
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of
Bi.rl.ingame, do hereby certify that the foregoing ordinance was
introduced at a regular meeting of the City Council held on the
17th__ day of APRIL 1995, and adopted thereafter at a
regular meeting of the City Council held on the 1st day of
MAY , 1995, by the following vote:
AVES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONV� ot* 4
City Clerk
40/
12
CITY OF BURLINGAME
�Y�lulu/\:�•Li]��;;i>;tix��ilzZ�l;�l�Ai�/\�[��I
ESTABLISHING PROCEDURES FOR VALET PARKING PERMITS
Pursuant to Government Code Section 36933(c)(1) the following
is a summary of proposed Ordinance No. 15
Establishes procedures for issuing permits for valet parking
services and requirements of operation, including off-street
storage location, prohibition of fee, and insurance.
Said ordinance was introduced on Am L 17 1995; a public
hearing thereon will be held IMAY 1 1995, at 7:30 p.m. at
the City Council Chambers, Burlingame City Hall, 501 Primrose Road,
Burlingame, California.
A copy of said proposed ordinance is available in the City
Clerk's office, 501 Primrose Road, .Burlingame, California.
Prepared by
JEROME F. COLEMAN
City Attorney
CITY OF BURLINGAME
SUMMARY OF ADOPTED ORDINANCE
ESTABLISHING PROCEDURES FOR VALET PARKING PERMITS
Pursuant to Government Code Section 36933 (c)(1)
following is a summary of Ordinance No. adopted
, 1995:
Establishes procedures for issuing permits for valet parking
services and requirements of operation, including off-street
storage locations, prohibition of fee, and insurance.
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A certified copy of said adopted ordinance is available
in the City Clerk's office, 501 Primrose Road, Burlingame,
California.
Prepared`b�.
l�
JEROME F. COLEMAN, City Attorney