§ 55-430. Unlawful acts in connection with valet parking.

If there are three (3) violations of any of the following provisions at any valet location within any one-year period that valet location license shall be revoked. It shall be unlawful for any person or entity:

(a)

To violate any provision of this article or any rule or regulation promulgated under this article;

(b)

To fail to perform any act required under this article or under any rule or regulation promulgated under this article;

(c)

To utilize any valet parking station unless it is located either:

(1)

On the premises of the valet client business or on the premises of another valet client business which is sharing the valet parking station with the valet client business under the valet parking plan; or

(2)

On the public right-of-way at a place where the valet client business holds a current revocable permit from the city for such use of the public right-of-way, or on the public right-of-way at a place where another valet client business which is sharing the valet parking station with the valet client business holds a current revocable permit from the city for such use of the public right-of-way;

(d)

To fail to utilize a valet parking station consisting of a table, podium, desk, or lectern prominently posted with the valet operator's license and a sign stating: "Valet Station," the name and logo of the valet operator, and the cost of the valet services offered, all located and situated as shown in the valet parking plan approved as part of the valet operator license for that valet client business;

(e)

To utilize a valet drop-off location when performing parking valet services for any valet client business unless the valet drop-off location is located:

(1)

On the premises of the valet client business or on the premises of another valet client business which is sharing the valet drop-off location with the valet client business under the approved valet parking plan; or

(2)

On the public right-of-way at a place where the valet operator or a client business holds a current valet location license for such use from the city;

(f)

To utilize a drop-off location when performing valet services for any valet client business unless the drop-off location is shown and described in the valet parking plan approved as part of the valet operator's license for the valet client business;

(g)

To utilize any location as a valet parking lot unless:

(1)

The location is off the public right-of-way;

(2)

The location is within two (2) miles of the entrance to the valet client business;

(3)

The location is on the property of the valet client business or on some other property on which the valet operator has secured a written lease or contract with the owner of the property giving the valet operator the right to use the property as a valet parking lot on the day of the week and the time of the day that the property is utilized as a valet parking lot;

(4)

A valid parking lot license has been issued for the location or it is exempt from such requirement; and

(h)

To stop any valet customer's vehicle in the public right-of-way for the purpose of embarking or disembarking persons, loading or unloading material from the motor vehicle, or for any other purpose, or to permit any valet customer to do any of the same, except in a valet drop-off location approved in the valet parking plan as part of the valet operator license for the valet client business;

(i)

To fail, neglect, or refuse to:

(1)

Utilize valet parking receipts;

(2)

Provide each valet customer with one (1) copy of the valet parking receipt;

(3)

Keep one (1) copy of the valet parking receipt at the valet parking station with the key to the valet customer's motor vehicle; or

(4)

Leave one (1) copy of the valet parking receipt in the interior of the valet customer's motor vehicle on the dash or at some other place where the receipt is visible from the exterior of the vehicle when looking at or through the windshield of the motor vehicle;

(j)

To leave a valet customer's vehicle unlocked or to leave the key to the vehicle in the vehicle while the same is parked and unattended;

(k)

To place any temporary valet parking sign on any part of the public right-of-way at or near any valet client business, unless:

(1)

There is a valid valet operator license issued for the valet client business;

(2)

The valet parking plan approved as a part of the valet operator's license includes the temporary valet parking sign;

(3)

The temporary valet parking sign is used, displayed, constructed, and attached at the place and in the manner approved by the manager of public works and as shown in the valet parking plan approved as part of the valet operator's license;

(4)

There is a revocable permit in full force and effect for such sign and the manager of public works has approved use of the temporary valet parking sign; and

(5)

The temporary valet parking sign meets the requirements of and is used as required in section 49-437;

(l)

To consume any alcohol beverage or to be in possession of any unsealed or open container holding an alcohol beverage while performing any valet services;

(m)

To park any valet customer's motor vehicle in a valet parking lot more than two (2) miles from the valet client business, measured by the shortest route that can be legally traveled by motor vehicle from the valet client business to the valet parking lot;

(n)

To drive, occupy, or utilize any valet customer's motor vehicle to conduct any personal or business task other than parking and retrieving the motor vehicle;

(o)

To transport another person in or allow any person to enter a valet customer's motor vehicle except other valet attendants, the licensed valet operator, and the valet customer;

(p)

To fail, neglect or refuse to immediately exhibit copies of his or her valet operator license to any police officer or city employee enforcing the terms of this article who requests the same;

(q)

To perform any valet services unless he or she is wearing on the outside front of his or her shirt, jacket or other upper body garment, in a place that is plainly visible to the public, the word "valet," and the name and logo of the valet operator;

(r)

To make any false or misleading statement of a material fact to any city official or employee in connection with any application for any license or any license issued under this article;

(s)

To fail to follow procedures regarding hiring valet attendants, record maintenance, and reporting;

(t)

To hire any valet attendant who does not possess a valid driver's license;

(u)

To hire any valet attendant unless the valet operator has first obtained a current written copy of the prospective valet attendant's motor vehicle driving record from the state that issued the driver's license, has reviewed the same; and has submitted the same to the valet operator's liability insurance carrier;

(v)

To hire any valet attendant unless the valet operator has first submitted the prospective valet attendant's motor vehicle record to his or her liability insurance carrier and the insurance carrier has approved hiring the valet attendant; or

(w)

To hire any valet attendant unless the valet operator has first performed a criminal background check on the prospective valet attendant, including a review of his or her motor vehicle record and references.

(Ord. No. 493-01, § 1, 6-18-01; Ord. No. 738-02, § 9, 9-16-02; Ord. No. 29-10, § 14, 1-11-10)