This subtitle does not apply to a temporary valet parking service if:no professional operator is being used for the service; no fee is charged to drivers or passengers using the service; the service is being provided:at a private residence; or for a public entity; and the service is being provided by the host for no more than 3 days in any 12-month period. If a professional operator is being used for the service, but all of the other conditions specified in subsection (a) of this section are met:a parking zone permit under Part III of this subtitle is not required for the service; the operator must be licensed under Part II of this subtitle and, except as provided in item (3) of this subsection, must comply with all other applicable requirements of this subtitle; and with the approval of the Director of Transportation, the Executive Director may allow the operator to use public rights-of-way for parking, subject to the issuance of all permits otherwise required for the use of public rights-of-way. Ord. 13-098

No operator may provide or offer to provide any valet parking service without first having obtained an operator’s license from the Authority. Ord. 13-098

To qualify for an operator’s license, an applicant must meet the requirements of this section. Neither the applicant nor any of the applicant’s principals, employees, attendants or other agents may have committed an act or omission within the preceding 12 months that, under <cite data-path="|31|§14-41">§ 14-41 of this subtitle</cite>, is cause for the denial, suspension, or revocation of an operator’s license. The applicant must have and maintain liability insurance coverage that covers, as insured parties:the applicant; all hosts for which the operator is or may become under contract during the term of the license; and the Mayor and City Council of Baltimore. The coverage provided must be of the type and for the amount that the City’s Office of Risk Management reasonably prescribes. Ord. 13-098

An application for an operator’s license must be submitted in the form required by the rules and regulations adopted under this subtitle. The application must be accompanied by a non-refundable application fee to cover the cost of investigating and processing the application. The amount of the fee is as set forth in the rules and regulations adopted under this subtitle. The application must contain:the applicant’s full legal name and any trade name(s) under which it operates; the street address, telephone number, and email address of the applicant’s principal place of business; the street address, telephone number, and email address of any other of the applicant’s places of business in the City; the names, street addresses, telephone numbers, and email addresses of the applicant’s principals; proof of insurance in the form and amount required under <cite data-path="|31|§14-8|(c)">§ 14-8(c) {“Qualifications: Liability insurance”} of this subtitle</cite>; a statement as to whether the applicant proposes to provide valet parking services as a host-operator or as a contract-operator; a listing of all valet parking licenses or valet parking permits issued to the applicant or to any principal of the applicant within the preceding 5 years, whether by the City or any other jurisdiction; a list of all hosts in the City or any other jurisdiction that have used the applicant’s services within the preceding 2 years; certification that neither the applicant nor any of the applicant’s principals, employees, attendants or other agents have committed an act or omission within the preceding 12 months that, under <cite data-path="|31|§14-41">§ 14-41 of this subtitle</cite>, is cause for the denial, suspension, or revocation of an operator’s license; certification that each attendant employed by the applicant:possesses a valid driver’s license; and is 18 years old or older; and any other information required by the rules and regulations adopted under this subtitle. The application must be signed, under oath or affirmation, subject to the penalties of perjury, by the applicant as follows:if for a sole proprietorship, by its owner; if for a partnership, by an authorized partner; and if for a corporation, limited liability company, or similar entity, by an authorized officer. Ord. 13-098 Ord. 13-175

The Authority must issue a license to any applicant who : meets the requirements of this subtitle; and pays the applicable license fee. Ord. 13-098

An operator’s license expires on the 1<sup>st</sup> anniversary of its effective date and is renewable as provided in this section. To renew an operator’s license, the licensee must apply no less than 60 nor more than 90 days before the license expires. The application for renewal must be in the form and contain the information required by the rules and regulations adopted under this subtitle. Ord. 13-098

The annual license fee is as set forth in the rules and regulations adopted under this subtitle. Ord. 13-098

An operator’s license issued under this part is not assignable or transferable to any other person. Ord. 13-098

The Parking Authority must: maintain a list of all current licensees; and provide the Department of Transportation with a copy the list whenever it is updated. Ord. 13-098

No host may provide or offer to provide any valet parking service that uses any portion of a public right-of-way for drop-off, pick-up, parking, or temporary stopping or standing, except in compliance with a valet parking zone permit issued under this subtitle. A valet parking zone permit may be issued by the Authority, with the approval of the Director of Transportation. Ord. 13-098

To qualify for a valet parking zone permit, a host must meet the requirements of this Part III. The host must:hold a valid operator’s license issued under Part II of this subtitle; or provide all valet parking services under contract with an operator that holds a valid operator’s license issued under Part II of this subtitle. Neither the host, operator, nor any of the host’s or operator’s principals, employees, attendants, or other agents may have committed an act or omission within the preceding 12 months that, under § 14-41 or <cite data-path="|31|§14-42">§ 14-42 of this subtitle</cite>, is cause for the denial, suspension, or revocation of an operator’s license or a valet zone parking permit. Ord. 13-098

An application for a valet parking zone permit must be submitted by the host in the form required by the rules and regulations adopted under this subtitle. The application must be accompanied by a non-refundable application fee to cover the cost of investigating and processing the application. The amount of the fee is as set forth in the rules and regulations adopted under this subtitle. The application must contain:the host’s full legal name and any trade name(s) under which it operates; the street address, telephone number, and email address of the host’s principal place of business; the location at which the host proposes to provide valet parking services; the nature of the business or other activity conducted by the host at that location; if the host will be providing the valet parking services through its own employees and agents, the identification number of its host-operator’s application or license under Part II of this subtitle; if the host will be providing the valet parking services under contract with an operator, the identification number of the contract-operator’s license issued under Part II of this subtitle; a valet parking plan for the location that complies with <cite data-path="|31|§14-19">§ 14-19 {“Valet parking plan”} of this subtitle</cite>; certification that neither the applicant nor any of the applicant’s principals, employees, attendants or other agents have committed an act or omission within the preceding 12 months that, under <cite data-path="|31|§14-41">§ 14-41 of this subtitle</cite>, is cause for the denial, suspension, or revocation of an operator’s license; and any other information required by the rules and regulations adopted under this subtitle. The application must be signed, under oath or affirmation, subject to the penalties of perjury, by:the host; and any contract-operator to be used to provide the service. The individual signing on behalf of the host or a contract-operator must be:if for a sole proprietorship, its owner; if for a partnership, an authorized partner; and if for a corporation, limited liability company, or similar entity, an authorized officer. Ord. 13-098

The application must be accompanied by a valet parking plan that contains the following information. The plan must specify:the days of the week and the hours of those days during which valet parking services will be provided; and the host’s seating or other occupancy capacity. The plan must include photographs of the proposed valet parking zone, including the curb space and roadway. The number of photographs and the views to be shown are as set forth in the rules and regulations adopted under this subtitle. The Plan must describe the proposed pattern of drop-off and pick-up of vehicles. The plan must identify, by name, address, telephone number, and, if available, email address, the off-street parking facility at which vehicles will be parked. The parking facility must be:licensed to the extent required by City Code <cite data-path="|15">Article 15</cite>, Subtitle 12 {“Parking Facilities”}; and located within a 1-mile radius of the valet parking zone. Unless the parking facility is on the host’s premises or otherwise owned or controlled by the host, the plan must include a copy of the lease or other agreement that authorizes the facility’s use for valet parking services. The lease or other agreement must specify:the total number of parking spaces at the facility; and the number of those spaces that are set aside for the exclusive use of vehicles from the valet parking service. The plan must specify the route(s) to be driven between the valet parking zone and the off-street parking facility. The plan must state:the estimated number of vehicles that will be valet parked during each hour of operation; and the estimated number of employees or agents that will provide valet parking services during each hour of operation. The plan must provide the name(s), the daytime and nighttime telephone numbers, and the email address(es) of the individual(s) who will manage the valet parking services at the location. The plan must contain verification that advance written notice of the application and valet parking plan has been provided to:the owners of the properties adjoining the host property; the owners of the properties immediately across the street from the host property; the neighborhood associations on file with the Department of Planning as representing the affected area; and the Councilmember(s) who represent the affected area. The plan must include any other information required by the rules and regulations adopted under this subtitle. Ord. 13-098

On filing an application and valet parking plan for a permit (other than a renewal permit), the applicant must post the proposed host property for 15 days, in accordance with the rules and regulations adopted under this subtitle. If, within the 15-day posting period, the Director of Transportation receives no more than 9 written objections from property owners or residents within the same election precinct as the proposed host property, the valet parking zone permit may be issued as provided in this subtitle. If, within the 15-day posting period, the Director of Transportation receives 10 or more written objections from property owners or residents within the same election precinct as the proposed host property, the Director of Transportation must hold a hearing on the matter. Unless the applicant agrees to a later date, the hearing must be held within 15 days after the last day of the 15-day posting period. Written notice of the hearing shall be provided by first class mail at least 15 days prior to the hearing to all persons listed in <cite data-path="|31|§14-19|(i)">§ 14-19(i) of this subtitle</cite>. At the hearing, parties in interest and citizens must be given an opportunity to be heard. The Director of Transportation must notify the applicant in writing of his or her decision to grant or deny the permit as follows:if no hearing is held under <cite data-path="|31|§14-20|(c)">§ 14-20(c) of this subtitle</cite>, within 15 days after the last day of the 15-day posting period; and if a hearing is held under <cite data-path="|31|§14-20|(c)">§ 14-20(c) of this subtitle</cite>, within 15 days after conclusion of the hearing. Any denial of a permit must be based solely on the qualifications, standards, and considerations set forth in this subtitle. A notice of denial must:specify the reasons for the denial; and notify the applicant of the opportunity to appeal the denial of the permit under <cite data-path="|31|§14-46">§ 14-46 {“Administrative appeals”} of this subtitle</cite>. Ord. 13-098

The Executive Director must:review the valet parking plan for compliance with this subtitle; and submit the plan, together with his or her findings and recommendations, to the Director of Transportation for approval or disapproval. A valet parking plan may be approved only if:the valet parking services will not unreasonably disrupt vehicular and pedestrian traffic; the valet parking services will not pose a threat to public safety; and the valet parking plan provides for enough attendants and other employees and agents to efficiently handle the projected number of vehicles during all hours of valet parking services. The following criteria may also be considered in deciding whether to approve a valet parking plan:the number of off-street parking spaces that will be available during valet parking services; normal traffic conditions at the time of valet parking services; the time required to travel safely, on foot and by vehicle, to and from the valet parking zone and the off-street parking facility in which vehicles will be parked; the estimated number of vehicles that will be parked during each hour of valet parking services; the average length of time a vehicle will be parked during valet parking hours; and the distance between the valet parking zone and the off-street parking facility in which vehicles will be parked. In approving a plan, the Director of Transportation makes the final determination of:the location of the valet parking zone; the size of the zone; the hours of operation; and the conditions of operation. Ord. 13-098

The issuance of a valet parking zone permit is conditioned on receipt of a written agreement by the host and by any contract-operator providing services under the permit that they each, jointly and severally, will save harmless and indemnify the Parking Authority of Baltimore City the Mayor and City Council of Baltimore, and their officers, agents, and employees from all suits, losses, claims, liabilities, damages, or expenses to which any of them is subjected as a result of a valet parking zone permit or the operation of valet parking services. The Director of Transportation may impose reasonable limitations and conditions on any valet parking zone permit issued under this part as necessary or proper to:protect the public safety; protect the public’s right to equal access of public property; and ensure that normal vehicular and pedestrian traffic flow is not unreasonably disrupted. Ord. 13-098

On approval of the application and the valet parking plan, the Director of Transportation may establish a valet parking zone for and issue a valet parking zone permit to any host who: commits to abide by an approved valet parking plan; commits to meet all of the other requirements of this subtitle; and pays the applicable permit fee. Ord. 13-098

As soon as practical after the approval of a valet parking zone, the Director of Transportation shall place appropriate signs that: indicate the location of the zone; and state the operational hours during which restrictions apply. Ord. 13-098

Except as provided in paragraph (2) of this subsection, a permit issued under this part expires on the 1<sup>st</sup> anniversary of its effective date and is renewable as provided in this section. By rule or regulation adopted under this subtitle, the Director of Transportation may provide for the issuance of short-term permits for special events. To renew an annual permit, the host must apply no less than 60 nor more than 90 days before the license expires. The application for renewal must be in the form and contain the information required by the rules and regulations adopted under this subtitle. If, before the end of the renewal period, 10 or more written objections from property owners or residents within the same election precinct as the permitted premises are filed with the Director of Transportation, the Director of Transportation must hold a public hearing on the proposed renewal. Parties in interest and citizens must be given an opportunity to be heard. Any denial of a renewal permit must be based solely on the qualifications, standards, and considerations set forth in this subtitle. Ord. 13-098

The amount of the permit fees are as set forth in the rules and regulations adopted under this subtitle. Ord. 13-098

A permit issued under this part to any host is not assignable or transferable to, or shareable with, any other host not identified in the permit. Ord. 13-098

No host may use the valet parking services of any entity that is not a licensed operator or of any individual who is not an employee or agent of a licensed operator. Ord. 13-098

Valet parking services may be offered only in the locations and during the hours specified on the valet parking zone permit. Ord. 13-098

The drop-off and pick-up of vehicles for valet parking services may be conducted only in a designated valet parking zone. During the hours specified in the valet parking zone permit, a valet parking zone may be used only for the immediate drop-off and pick-up of vehicles. Ord. 13-098

Every attendant must:possess a valid driver’s license; and be 18 years old or older. Each attendant must wear a uniform top that clearly identifies the operator of the valet service. Ord. 13-098

Attendants must immediately remove vehicles from the valet parking zone and take them directly to the applicable off-street parking facility. The operator, its attendants or other employees or agents, may not park, stop, or leave a vehicle:on any right-of-way, even if on-street public parking is generally allowed; or anywhere else other than in the off-street parking facility designated in the valet parking plan. The operator, its attendants or other employees or agents, must comply with all applicable traffic laws and parking regulations when providing valet parking services. Ord. 13-098

During all hours of operation, the operator must prominently display at least 1 sign that identifies:the operator; the host for which the operator is working; and any fee being charged for the valet parking services. All signage must comply with all laws, rules, and regulations governing signs and permits. Ord. 13-098

At all times, the valet parking zone permit and a copy of the operator’s license must be available for inspection at the host’s establishment. Ord. 13-098

The Parking Authority, subject to the approval of the Director of Transportation, may deny, suspend, or revoke an operator’s license or renewal license for any of the following causes: making any material false statement in any application for an operator’s license or in any application or accompanying valet parking plan for a valet parking zone permit; failing to pay the applicable license fee on or before its due date; providing valet parking services in a way that endangers public safety; providing valet parking services that unreasonably disrupt vehicular or pedestrian traffic; violating any other provision of this subtitle, of a rule or regulation adopted under this subtitle, or of a limitation or condition imposed on a license or permit issued under this subtitle; or otherwise failing to meet the qualifications or other requirements of this subtitle for a license. Ord. 13-098 Ord. 16-587

The Director of Transportation may deny, suspend, or revoke a valet parking zone permit or renewal permit for any of the following causes: making any material false statement in any application or accompanying valet parking plan for a valet parking zone permit; failing to pay the applicable permit fee on or before its due date; providing or knowingly or negligently allowing a contract-operator to provide valet parking services in a way that endangers public safety; providing or knowingly or negligently allowing a contract-operator to provide valet parking services that unreasonably disrupt vehicular or pedestrian traffic; violating any other provision of this subtitle, of a rule or regulation adopted under this subtitle, or of a limitation or condition imposed on a license or permit issued under this subtitle; or otherwise failing to meet the qualifications or other requirements of this subtitle for a permit. Ord. 13-098 Ord. 16-587

In addition to any other civil or criminal remedy or enforcement procedure, any violation that is cause for suspending or revoking a license or a permit may be enforced, instead of or in addition to suspending or revoking the license or permit, by issuance of an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 13-098

An aggrieved party may appeal to the Board of Municipal and Zoning Appeals:the denial, suspension, or revocation of a license or permit; the imposition of a fine; or any other decision or ruling under this subtitle. The appeal must be taken in writing within 15 days from the date of notice of the denial, suspension, or revocation, fine imposition, or other decision or ruling. The Board of Municipal and Zoning Appeals:must hold a hearing on the appeal as soon as practicable but no later than 60 days from the filing of the appeal; must provide written notice of the hearing by first class mail at least 15 days prior to the hearing to all persons listed in <cite data-path="|31|§14-19|(i)">§ 14-19(i) of this subtitle</cite>; and may affirm, modify, or reverse the action from which the appeal was taken. Ord. 13-098

A party aggrieved by a final decision of the Board of Municipal and Zoning Appeals under <cite data-path="|31|§14-46">§ 14-46 {“Administrative appeals”} of this subtitle</cite> may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 13-098

Any person who violates any provision of this subtitle, of a rule or regulation adopted under this subtitle, or of a limitation or condition imposed on a license or permit issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.

Each day that a violation continues is a separate offense. Ord. 13-098