§ 12.41.040. Conditions of valet parking permits.

A.

Hold Harmless. Each valet parking operator applying for a permit for use of public property shall execute an agreement approved by the metropolitan department of law providing for the valet operator to indemnify, hold harmless, and defend the metropolitan government, its officers, agents and employees against, and assume all liability for, any and all claims, suits, actions, damages, liabilities, expenditures, or causes of actions of any kind arising from its use of the public streets for the purposes authorized in this section and resulting or accruing from any alleged negligence, act, omission or error of the valet parking operation, its agents or employees and/or arising from the failure of the valet parking operation, its agents or employees, to comply with each and every requirement of this section or with any other ordinance of the metropolitan government applicable to the valet parking operation resulting in or relating to bodily injury, loss of life or limb or damage to property sustained by any person, firm, corporation, or other business entity. The valet parking operator shall agree to save the metropolitan government, its officers, agents and employees harmless from and against all judgments, orders, decrees, attorneys' fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. The valet parking operator shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the metropolitan government, its officers, agents and employees as a result of any claim, suit or cause of action accruing from activities authorized by this chapter for injuries to body, limb or property as set forth in this subsection.

B.

Term. The term of each permit shall be for one year. Renewal shall be on an annual basis and shall be granted after confirmation of the extension of all applicable permit requirements established in this chapter and the payment of applicable fees.

C.

Cancellation. A valet parking permit may be canceled by the commission under the following circumstances:

1.

The commission determines that parking spaces permitted for valet parking are no longer being used for the purpose of valet parking or are otherwise abandoned. Valet parking spaces are considered abandoned if they are not utilized for valet parking for a continuous period of thirty days;

2.

The commission determines that the valet operation is creating a hazardous traffic condition and/or serious disruption of traffic flow or is otherwise inimical to the public health, safety and welfare;

3.

Parking is no longer permitted in the area where valet service is provided;

4.

The valet parking operator four times fails to comply with the rules and regulations established by the commission and/or the provisions of this chapter or otherwise creates a situation that is inimical to the public health, safety and welfare.

D.

Cancellation pursuant to subparagraph C.4. of this section shall preclude the valet parking operator, a general partner, or immediate family member of the operator from being issued a valet parking permit for any location for a period of one year if the operator whose license has been canceled has any participation in the operation, management and/or maintenance of the valet parking operation(s) for which the permit application is being made.

E.

When a permit is canceled by the commission pursuant to subsection C. of this section the commission shall immediately provide the permit holder written notice by certified mail of the cancellation and the reasons for the cancellation.

(Ord. BL2011-916 § 1, 2011)