11.92.100 - Shared micro-mobility operator permit application procedure, fees and requirements.
A. The procedures set forth in Chapter 6.02 for permits and licenses shall govern the application for, investigation, approval, denial, suspension and revocation of a permit to operate a Shared Micro-Mobility Device System issued pursuant to this Chapter, except as specifically provided in this Chapter.
B. Any person seeking to obtain a permit for the operation of a Shared Micro-Mobility System shall pay the City of San José a property repair and maintenance deposit totaling Ten Thousand Dollars ($10,000) prior to permit issuance to ensure adequate funds are available to reimburse the City for future public property repair and maintenance costs that may be incurred, including but not limited to any costs of repairing or maintaining public property damaged by the Operator or its customers, administrative fines, removing Shared Micro-Mobility Devices improperly parked and addressing and abating any other violations.
C. The Director may specify the information that must be provided in connection with an application and the form in which the information is to be provided. In addition to the information set forth in Chapter 6.02, the application shall contain, at a minimum, the following information:
1. The name and business address of each person or entity that: (i) has more than a ten percent (10%) equity, participation, or revenue interest in the applicant; or (ii) is a trustee, director, partner, or officer of that entity or of another entity that owns or controls the applicant, excepting persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6) of the United States Internal Revenue Code;
2. The name and business address of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling the applicant in whole or in part, or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity;
3. Information sufficient to show that the applicant is technically and legally qualified to operate and maintain a Shared Micro-Mobility Device System;
4. A description of the proposed plan of operation, including, at a minimum, a detailed description of:
a. The applicant's current operations in the City and other jurisdictions;
b. The applicant's proposed operations in the City including the plan for balancing Shared Micro-Mobility Devices for Citywide coverage, the plan for Shared Micro-Mobility Device maintenance, levels of staff for operations and administration, and the plan for customer service;
c. The applicant's regulatory compliance program;
d. The applicant's history of and ability to comply with state and local law;
e. The applicant's plans to implement safety programs, including, for example, a program by which the applicant will receive information about and notify users of unlawful use of a Shared Micro-Mobility Device;
f. The applicant's plans to educate users of Shared Micro-Mobility Devices about applicable California Vehicle Code provisions and other applicable laws and regulations;
g. The applicant's plan to comply with the operating requirements in the Administrative Regulations;
h. The applicant's plan to comply with the low-income discount and Communities of Concern requirements in the Administrative Regulations;
i. The applicant's plan to comply with the data sharing requirements in the Administrative Regulations;
j. The applicant's plans to comply with applicable federal, state, and local data privacy laws and otherwise to protect the privacy of personal information provided by users; and
k. Any other requirements set forth by Administrative Regulations.
D. Notwithstanding any other requirement, the Director has the authority to deny a permit to the extent that issuing a permit would conflict with existing contractual agreements or permits issued to other Operators, lead to an overconcentration of Shared Micro-Mobility Devices in the Public Right-of-Way, or otherwise adversely impact an existing Shared Micro-Mobility Device System.
(Ord. 30205.)
