Houston Code of Ordinances § 26-391 Permit applications.
Sec. 26-391. - Permit applications.
(a) Any person who desires to operate a valet parking service in the city shall submit an application for a permit to the director in a form promulgated by the director for that purpose, which shall include the following:
(1) The applicant's name, telephone number, mailing address, street address, federal employee identification number, state sales tax number, corporate charter number, and Texas driver's license number (if applicable);
(2) The name and mailing address of each principal of the applicant, copies of the assumed-name registration if the valet parking service will be operated under an assumed name, the partnership registration, if any, and the names and addresses of all general partners if the permit holder is a partnership, and a certificate of good standing from the Texas Secretary of State for a Texas domestic corporation or certificate of authority to do business in Texas if a foreign corporation, along with the names and addresses of all officers and the registered agent;
(3) The location of all existing and proposed valet zone locations where applicant intends to operate; provided, however, that providing information pertaining to locations where valet parking services will be provided or are intended to be provided does not constitute approval of a zone designation as required by division 4 of this article;
(4) The indemnity and release form provisions that are specified in section 26-391(b) of this Code;
(5) Proof of insurance required by section 26-411 of this Code;
(6) Criminal history information for every principal as required by the director to determine compliance with section 1-10 of this Code; and
(7) Any other information reasonably required by the director for the purpose of processing the application under the requirements of this article.
(b) As a part of its application, each applicant shall sign the following indemnity and release, which shall be a condition of each valet parking service permit:
"THE PERMITTEE AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY, THE "CITY") HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO ANY PERFORMANCE UNDER THIS PERMIT, INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY:
1. THE PERMITTEE'S AND/OR ITS AGENTS', EMPLOYEES', OFFICERS', DIRECTORS', CONTRACTORS', OR SUBCONTRACTORS' (COLLECTIVELY IN LETTERED PARAGRAPHS 1—3, "PERMITTEE'S") ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS;
2. THE CITY'S AND THE PERMITTEE'S ACTUAL OR ALLEGED CONCURRENT NEGLIGENCE, WHETHER THE PERMITTEE IS IMMUNE FROM LIABILITY OR NOT; AND
3. THE CITY'S AND THE PERMITTEE'S ACTUAL OR ALLEGED STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, WHETHER THE PERMITTEE IS IMMUNE FROM LIABILITY OR NOT.
THE PERMITTEE SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY HARMLESS DURING THE TERM OF THE PERMIT AND FOR TWO YEARS AFTER THE PERMIT EXPIRES. THE PERMITTEE'S INDEMNIFICATION IS LIMITED TO $500,000.00 PER OCCURRENCE.
THE PERMITTEE AGREES TO AND SHALL RELEASE THE CITY FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THE PERMIT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE."
(c) The application shall be signed by an owner, officer, or partner principal of the applicant if the applicant is not an individual, or by the individual applicant for the valet parking service permit acknowledging that he has read the application, agrees to all of its terms and provisions, affirms the correctness and accuracy of the information given on the application, and affirms that he has the authority to bind the applicant to all of the terms, provisions, and requirements of the application.
(Ord. No. 07-1111, § 2(Exh. A), 10-3-07)
