Sec. 11-2186. - VALET PARKING.
(a) Definitions.
(1) Valet parking services shall mean the provision of services in or upon City streets or rights-of-way for the purpose of loading and unloading passengers to and from vehicles and providing for the parking and retrieval of those vehicles from a location other than where the loading and unloading occurred.
(2) Valet parking operator shall mean the person or entity that has been granted a permit to provide valet parking services within an approved valet zone as authorized in this section.
(3) Annual valet parking permit shall mean a permit issued by the Director of Transportation or designee authorizing the holder of the permit to use City streets or rights-of-way to provide valet parking services within an approved valet parking zone on an annual basis. Such permit shall expire on December 31 of each year and may be renewed upon application accompanied by the appropriate fee. The valet parking application fee shall not be prorated for portions of a year.
(4) Temporary valet parking permit shall mean a permit issued by the Director or designee authorizing the holder of the permit to use City streets or rights-of-way to provide valet parking services within an approved valet parking zone for a specific event and date.
(b) Permit required.
It shall be unlawful to use City streets or rights-of-way to provide valet parking services without first obtaining a valet parking services permit issued by the Director or designee in accordance with this section and valet parking zone requirements provided in official Traffic Schedule No. 28.
(c) Permit application.
Any person desiring to provide valet parking services shall complete a valet parking permit application and submit it for review to the Director or designee that shall contain the following information and shall be accompanied by a filing fee in an amount set out in the City of Raleigh Fee Schedule.
(1) If the applicant is a natural person, the full name, age, residence address, phone number, and email address. If the applicant is an organization, state its legal name and any assumed names, address of its principal place of business, telephone number and email address of the organization's primary contact for the permit; also state the names of the organization's members, principal officers, or partners who are legally authorized to execute the application on behalf of the organization.
(2) The full name, address, telephone number and email address of the natural person or organization receiving valet parking services.
(3) Written justification for the need to provide valet parking services.
(4) A drawing or sketch showing the proposed location and limits of the proposed valet parking service zone, and any on-street parking spaces or loading zones in proximity to the valet parking service zone.
(5) An operation plan describing the days and times when valet parking services will be performed and where valeted vehicles will be parked while not occupied.
(6) The experience of the applicant in the provision of valet services and whether the applicant, or any affiliate thereof, has had a valet parking permit or license revoked or suspended, and if so, the date, jurisdiction, and circumstances of such revocation or suspension.
(7) A copy of the uniform or insignia to be used to designate the applicant's employees or agents.
(8) Whether the applicant, any of its principal officers, employees or agents have ever been convicted of a felony within the past ten (10) years, including the date and jurisdiction of the conviction, and
(9) Such other information that the Director or designee reasonably believes may bear on the qualifications of the applicant to provide valet parking services in a safe and efficient manner. The permit application requirements of this section shall also apply to permit renewals.
(d) Permitting criteria.
The valet parking permit is a revocable license for the provision of valet parking services within City streets or rights-of-way, and a permit application shall be reviewed, and approved or denied by the Director or designee in consideration of the following factors:
(1) Whether the application is complete and appears to contain true, non- misleading and accurate information.
(2) The extent to which the valet parking service may pose a risk to public safety, interfere with on-street parking, or the flow of pedestrian or vehicular traffic, factoring in the valet parking zone location in relationship to traffic lanes, control devices and intersections.
(3) The proximity of the proposed valet parking zone to on-street and off-street parking, other permitted valet parking zones, with additional consideration given to the proximity, number, and relationship to other permitted valet parking zones.
(4) The proposed hours of operation for valet parking services, and such other information the Director or designee reasonably believes may or may not be in the public interest and general welfare.
(e) Valet Parking Operating Permit.
An approved valet parking permit shall state, at minimum, the following:
(1) The full legal name, address, phone number, and email address for the permittee and valet parking patron.
(2) The address and parameters of the approved valet parking zone.
(3) The permitted days and times for the valet parking service.
(4) Any additional restrictions or requirements regarding the operation or location of the valet parking zone.
(5) The commencement and expiration dates and times for the permit, and whether the permit is for a temporary or annual period of time.
(6) Any other provisions or conditions approved by the Director of designee that may be in the public interest and general welfare.
(f) Insurance.
No valet parking permit shall be issued or continued in operation, and no person shall operate a valet parking service on City streets or rights-of-way unless and until there is in full force and effect a motor vehicle liability insurance policy insuring the valet parking permittee and each employee and agent thereof, and unless and until such permitteeshall file with the Director or designee a written certificate of insurance showing that the policy or policies are in effect covering the applicable valet parking services period, and that the policy or policies cannot be cancelled without thirty (30) days written notice to the Director or designee. The policies shall have coverage limits of not less than one million dollars ($1,000,000.00) which shall include liability for owned, non-owned and hired automobiles for death or injury in any one occurrence, and property damage coverage of not less than five hundred thousand dollars ($500,000.00). The policy or policies, certificate and any endorsements shall name the "City of Raleigh" as an additional insured. In addition, the permitteeshall obtain workers compensation insurance coverage as may be required, and furnish the liability insurance coverage required in §11-6001(b) of the City Code.
(g) Authority of the City.
The City reserves the right to determine and designate appropriate street and right-of-way locations and times for the valet parking zone and operation. Once such locations and times have been determined and designated, the valet parking services shall be limited to parking, unloading and loading of valeted vehicles only at those street and right-of-way locations and times set out in the permit. No valeted cars may be parked in on-street parking areas. The City reserves the right to add, modify or eliminate street or right-of-way locations and times in the permit at any time to ensure the efficient and safe movement of pedestrian and vehicular traffic, and when in the public interest and general welfare.
(h) Violations.
Any one of the following shall be a violation of this section:
(1) Failure to comply with the provisions of this section or the those in the valet parking services permit.
(2) Provision of valet parking services not in accord with the material representations made in the application.
(3) Stopping or directing traffic within City streets or rights-of-way by the permittee, its employees or agents.
(4) Causing a vehicle to be parked within a valet parking zone for a more than ten (10) minutes, except to pick up or return a valeted vehicle to its operator.
(5) Initiating or causing the towing of a vehicle from the valet parking zone within the City street or right-of-way. Should a vehicle obstruct a valet parking zone which interferes with valet parking services, the valet operator shall contact the Raleigh Police Department or appropriate City authorities for removal of the vehicle.
(6) Failure of the valet operator, its employees or agents to comply with applicable law, regulations or ordinances.
(i) Suspension and revocation.
The valet parking permit may be temporarily suspended or revoked by the Director or designee upon occurrence of any one of the below events or violations:
(1) Any unlawful act or violation of this section by the permittee, its employees or agents, or for any reason that would justify refusal to issue the permit originally.
(2) Failure to comply with any condition or restriction imposed by the permit.
(3) The valet parking zone or adjacent sidewalks, streets or rights-of-way are temporarily needed for parades, festivals or any other type of event.
(4) When suspension or revocation of the permit are in the public interest.
(5) Except for temporary suspensions stated in subsection (3) above, and any exigent circumstance warranting immediate suspension or revocation, should the Director or designee intend to suspend or revoke a permit, the permittee shall be promptly notified in writing, by registered or certified mail, return receipt requested, of such intent and the reasons therefore. The permittee may request in writing a hearing with the Director regarding the suspension or revocation, or intent thereto, and deliver to the Director such request within thirty (30) days of receipt of the City's notice of suspension or revocation. The permittee may appeal the final decision of the Director to the City Manager within thirty (30) days of service on permittee of the Director's final decision. The permittee may appeal the City Manager's final decision to the City Council within thirty (30) days of delivery to the permittee of the City Manager's final decision, which shall be in writing and delivered to the permittee by registered or certified mail, return receipt requested. Each request for hearing or appeal shall state the reasons why the permittee disagrees with the City's decision and relief sought.
(j) Display Permit.
All valet parking operators shall, at the time and place of the approved valet parking operation or event, prominently and continuously display within the valet parking zone the approved valet parking permit so that it is clearly viewable by the public and occupants of the valeted vehicles. Failure to properly display the permit is a violation of this section and may subject the permit to suspension or revocation.
(k) Penalties.
It shall be a violation for any person to stand or park a vehicle within a valet parking zone if the vehicle is not being valeted by a valet parking operator licensed under this section, and such person shall be subject to a civil penalty as provided in § 11-2025 for each calendar day during which such violation occurs.
Any person who shall provide valet parking services without first obtaining a valet parking permit from the Director or designee as required in this section shall be subject to a civil penalty of five hundred dollars ($500.00), and any other civil remedy available under North Carolina law, G.S. 160A-75.
(Ord. No. 2007-159, §1, 1-23-07; Ord. No. 2020-167, §1, 12-1-20)