98-3123 ORD
ORDINANCE NO.
98-3123
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 20, ENTITLED "BUSINESS LICENSES," AMENDING
SECTION 20-32, ENTITLED "PARKING LOT; EXEMPTIONS; VALET
PARKING," BY PROVIDING FOR NEW INSURANCE REQUIREMENTS;
PROVIDING FOR THE IDENTIFICATION AND PROOF OF SUFFICIENT
VEHICLE STORAGE SPACE; PROVIDING FOR THE REQUIREMENT OF
PROVIDING A COPY OF THE BUSINESS LICENSE FOR THE STORAGE
SPACE; PROVIDING FOR IDENTIFICATION OF THE STORED VEHICLE
THROUGH A TICKET STUB; PROVIDING FOR REVISIONS TO THE
PUBLIC ON-STREET/CURBSIDE PARKING SPACE RENTAL RATES;
PROVIDING FOR REVISIONS TO THE VIOLATIONS FINE SCHEDULE;
AND PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, amendments to Miami Beach City Code Chapter 20, regulating in part the
operation of valet parking services in the City of Miami Beach, were adopted on April 29, 1995,
pursuant to Ordinance No. 95-2987; and
WHEREAS, the Administration has identified the need to further amend the Ordinance,
providing for revisions to the fee schedule for the rental of public on-street/curbside parking spaces,
revisions to the violations fine schedule, and providing for an employee/valet operator code of
conduct; and
WHEREAS, the Administration has held two workshops with the Parking Department and
valet and parking operators in the City of to develop amendments to the Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT SECTION 20-32 OF
CHAPTER 20, OF THE MIAMI BEACH CITY CODE, ENTITLED "BUSINESS
LICENSES," IS HEREBY AMENDED AS FOLLOWS:
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Sec. 20-32. Parking Lot; Exemptions; Valet Parking.
F. VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY
1. SEPARATE PERMIT REQUIRED
The City of Miami Beach shall issue valet parking permits to valet pttrking operators
whieh who conduct their operations on public property. No valet parking shall occur on
public property without the operator securing a valet parking permit from the City's Parking
Department. A separate permit is required for each location where valet parking services are
provided. Valet parking permits shall only be issued to operators who are licensed by the
City of Miami Beach pursuant to this Chapter.
2. PERMITS
a. Requirements:
No valet parking permit shall be issued without the proof of the following:
1. Approval from the City's Risk Manager indicating that the valet
parking operation has met the following insurance requirements:
a) Commercial general liability or garage liability insurance in the amount of
$1,000,000 per occurrence and per location covering bodily injury and property
damage resulting from the valet parking operator's activities connected with the
handling of vehicles on public property. This policy must name the City as an
additional insured.
b) Garage keepers legal liability insurance to provide collision and
comprehensive coverage for vehicles under control of the valet parking operation
with minimum limits of $250,000 $300.000 per location with a maximum Self-
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Insured Retention (SIR) or deductible of$I,OOO .
c) All required insurance policies are to be issued by companies rated B+ VI or
better per Best's Rating Guide, latest edition and must provide the City with 30 days
'vvriting written notice of cancellation. Any deviation from this requirement is
subject to the City'8 Risk Manager's approval.
d) Valet l'ttrking operators must submit a certificate of insurance and a certified
copy oftheir policies to the City's Risk Manager for determination that the insurance
requirements of this Ordinance have been met.
e) Each valet l'a:rking operator applying for a permit for use of public property
shall execute an agreement approved by the City Attorney's Office providing for the
valet l'ttrking operator to indemnify, hold harmless and defend the City, 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 or public parking~ spaces 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 City or
County ordinance or State or Federal law or regulation 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 I'Mking operator hereby agrees to 8ttVe hold the City of Miami Beach, its
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officers, agents and employees harmless from and against all judgements, orders,
decrees, attorney's 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 City of Miami Beach, its officers, agents, and employees as a result in any claim,
suit or cause of action accruing from activities authorized by this Section, for injuries
to body, limb or property as set forth above.
2. If incorporated, the valet parking services operator shall provide a copy of its
articles of incorporation.
3. Notarized Wwritten authorization on company letterhead from the
owner~operator~ ofthe City-licensed commercial establishment~ for which the valet
parking operator is providing parking services.
4. Valid valet parking occupational license from the City of Miami Beach.
5. Identification of the location of vehicle storage space, and proof in the form
of an executed lease or rental agreement. or notarized letter of authorization from the
owner of the property. either of which shall include the number of spaces authorized
for use by the valet operator. and term of the lease or agreement for storage space
sufficient to service the establishment for which the permit will be issued. The
storage space must meet all requirements pursuant to all applicable City of Miami
Beach Codes and Ordinances. conform to the rcquiremeftts of paragraphs F4 and 5
of thi3 Ordinftftce.
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b, Term and Renewal
1. The term of each permit shall be for one year.
2. Renewal shall be on an annual basis and shall only be granted after approval
from the City~ of MiBfili Betten Risk Manager and Occupational License Division.
c. Cancellation and Revocation
The City shall cancel and revoke the permit if the valet company operator no longer
services the commercial establishment which authorized its operation at that location. This
cancellation and revocation may be effective whether the valet COmpM) operator voluntarily
discontinues service to the establishment>-6f' the establishment cancels and revokes
authorization for the valet eomptlft)' operator to service the location, or the Parking
Department cancels and revokes authorization for the valet eomparty operator to service the
location. Cancellation and revocation of the valet parking permit under this sttb-paragraph
shall be effective immediately upon service of the notice of cancellation. The Parking
Department shall inform in writing the commercial establishment being serviced by the valet
operator. of any cancellation and revocation. Service of the notice of cancellation and
revocation shall be by hand delivery or certified mail, return receipt requested.
3. RENTAL AND OPERATION OF MUNICIPAL PARKING SPACES .METERS
a. Rental of Public Spaces for Ramping
The Parking Department shall rent to the valet parking services operator public on-
street/curbside metered parking spaces which shall be used only for the ramping of vehicles.
Ramping of vehicles shall consist of allowing customers to enter or exit a vehicle and to turn
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it over to or retrieve it from valet employees. Ramping shall only be operated in the public
on-street/curbside spaces provided by the Parking Department for ramping. There shall be
no storage of vehicles in the area used for ramping. A vehicle will be considered stored if
it remains in the ramping area for more than fifteen (15) minutes. Ramping on public
property shall not occur in any other location than the on-street/curbside spaces provided for
ramping. Leased spaces shall not be blocked by any type of sign, structure or other type of
object. Leased spaces shall not be cordoned offby any type of signage, rope or barrier of any
kind, except that signage provided by the City indicating the designation of the restricted
valet parking area. At its sole discretion and judgement, the Parking Department shall
provide to the valet operator Ii ffiilliml:lffi of 40 feet sufficient ramping space ill from of in a
close proximity to the establishment being serviced, if sufficient spaces are available. If
there is not Ii milliffil:lm of 40 feet sufficient space available for rental in front of the
establishment, the Parking Department shall lease spaces as close to the establishment as
possible. Notwithstanding the above, ramping will not be allowed ifthe Parking Department
determines. at its sole discretion, that it would be an unsafe activity at that location.
b. Rental Fees for METERS Public On-Street/Curbside Spaces
The Parking Department shall post in the offices of the Parking Department, the fee
for use of-metered public on-street/curbside spaces. The fee for use of rented spaces shall
be $6.00 per space/per day. seven (7) days per week. based on a twelve (12) hour period
defined as the hours between 6:00p.m to 6:00 a.m. use. and $10.00 per space/per day. seven
(7) days per week based on twenty-four (24) hour use. Fees shall be paid bi-weekly, two-
weeks in advance . commencing on the date the locations are rented to the valet operator by
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the Parking Department. bcgirming vlith the clMt: the perm.it is issued. All additions or
changes to existing leased public on-street/curbside parking spaces for ramping. shall be
paid upon request. All valet space lease requests shall be required in writing to the Parking
Director or his/her designee. twenty-four (24) hours in advance. and received no later than
3:00 P.M. daily. Exceptions and lease cancellations not made within the prescribed period
will be assessed a $20.00 processing fee.
c. Number of spaces leased for rampint:
The amount of ramping spaces available to the valet operator shall be determined by
the frontage of the establishment being serviced provided that there is a minimum of 40 fcet
of metered sufficient public on-street/curbside spaces available for ramping. as determined
fit in the sole discretion of the Parking Department.
d. Subletting
Leased public on-street/curbside spaces may not be sublet." viithout the prior vflittcfi
eonscftt of the City of Miftmi Beaeh Pttrking Depftrtmcftt.
4, RENTAL OF ADDITIONAL PARKING FOR STORAGE OF VEHICLES
Storage space required for the operation of a valet service must be provided in private
parking lots. All such facilities must meet all applicable Code and Ordinance requirements
of the City of Miami Beach. The Parking Department may lease additional valet spaces for
the storage Of>ittlct vehicles for special events. special programs. or at the request ofthe valet
operator UJ'on a first emne first serve basis. if the proposed valet storage space does not take
away from public parking demand in the area. The Parking Department shall post in the
offices of the Parking Department, the fee for use of storage parking spaces. The fee for use
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of storage parking spaces shall be based on a twelve (12) hour period defined fl:3 th.e: hOUf3
hct"vcen 6:00 p.m. flfld 6:00 a.m..... use. at a rate of$10.00 per space/per day. Fees shall be
paid bi -;v'eekly, f'1y'O weeks in full. tmd twenty-four (24) hours in advance of the special event
or program beginning with the date the pennit is issued.
5. PRIVATE STORAGE OF VALET VEHICLES
Valet 3crviccs operators:ffffiY shall store vehicles on private parking lots which are
properly permitted and zoned as parking ttreftS":' lots. The valet 3CI y ice operator shall provide
to the Parking Department a copy of the proper City of Miami Beach bU3inc33 occupational
license or certificate of use issued to the storage spttee parking facility and satisfactory
documentation from the parking facility owner or management company/agent authorizing
the valet operator to use those facilities for the pur.pose of storing valet parked vehicles.
6. EMPLOYEES AND VALET OPERATORS CODE OF CONDUCT
The valet parking operators shall require its employees and independent contractors
to meet the following requirements:
a. All employees -Nhieh. who operate motor vehicles shall have a valid Florida Driver's
License in good standing and shall abide by follo';; all City of Miami Beach and Miami-
Dade County traffic regulations.
b. All employees shall be in similar uniform.
c. All employees shall di31"1ay wear on their uniform. a name tag identifying the valet
eOmpflft)" flfld the individual's employee's name.
d. All employees of the valet operator shall perform their duties in a courteous and
professional manner.
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Valet operators shall submit to the City of Miftffli Befieh Parking Department a list of all employees
employed by the valet operator who are engaged in valet services on Miami Beach. Additions and
deletions to the valet employee roster shall be reported monthly. The employee report shall be
submitted to the attention of the Parking Director or hislher designee no later than the-5tft fifth day
of each month. The employee list shall contain the name of the employee and the employee's valid
Florida Driver's License number. A photocopy of each wlet employee's Florida Driver's License
shall be submitted for each employee on the roster. Failure to comply with this paragraph by-tfte
6th dtt,) of cfich month shall result in a fine of $25 per day to the valet operator.
7, OPERATION OF SERVICE
a. Identification of Rented Spaces
Rented spaces shall be ~designated by the Parking Department as rented parking
areas. The designation shall be by bagged meters and/or clearly marked signs indicating the
parking restriction. time of rental Bflcl penaltieg for violfttorg.
b. Ramping
Ramping shall only be operated in the spaces provided for ramping. There shall be
no storage of vehicles in the area used for ramping. A'. ehide ..-ill be eongiclercd gtorecl if
it remmng in the rflft1ping Mea for more thM 15 minuteg. Ramping on public property shall
not occur in any other location than the public on-street/curbside parking spaces-ftt'eft
provided for ramping. Ramping from a moving lane of traffic is strictly prohibited.
c. Storage
Storage of vehicles shall only be in private spaces or in leased municipal spaces as
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provided by the Parking Department. Other than the leased municipal spaces, there shall be
no storage of vehicles on any municipal property whatsoever. Valet parkifig operators shall
clearly identify the vehicles in their possession during the entire period that the car is in their
possession. Such identification shall be made through a ticket stub affixed to the rear view
mirror of the stored vehicle and shall state the name of the valet pttrkifig operator and
identification of the ramp from which the vehicle was picked-up. Ramp identification shall
be made by stating the name of the establishment which the ramp is servicing. Unauthorized
stora~e of valet vehicles in municipal parkin~ l6ts facilities. or at any public on-
street/curbside parkin~ spaces is strictly prohibited and shall result in the issuance of a valet
violation to the valet operator in the amount of $250.00. per occurrence.
8, EXCEPTIONS
Valet services operating for a special event may apply for a special event permit from
the City's Special Events Coordinator. Special event parkin~ shall be restricted to A 3peeial
event i3 any event occurring no more than twice per year and lasting no longer than +9 three
ill days in length. The special event permit will allow entitled the valet pttrkifig operator to
request from the Parkin~ Department, additional ramping and/or storage space, if available,
tmd as lon~ as it does not reduce the number of parkin~ spaces needed to serve the ~eneral
public in the area of the request.
9, ENFORCEMENT. FINE SCHEDULE. AND RIGHT OF APPEAL
a. Enforcement:
The Parking Department shall enforce the provisions of this 06rdinance. The Police
Department and Code Enforcement Department shall also assist the Parkin~ Department in
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the enforcement of the Valet Operators Code of Conduct. as set forth herein. This d6es shall
not preclude other law enforcement agencies or regulatory bodies from any action as
necessary to assure compliance with this Ordinance and all applicable laws. If a parking
in~peetor enforcement specialist finds a violation of this O~rdinance, the in~peetor parking
enforcement specialist shall issue a NftOtice of Vviolation to the violator as provided in
Chapter 9B of Ordinance No. 95-2987. as may be amended from time to time The NftOtice
shall inform the violator of the nature of the violation, amount of fine for which the violator
may be liable, instructions and due date for paying the fine, notice that the violation may be
appealed by requesting an administrative hearing within ten (10) days after service of the
NftOtice of violation and that failure to appeal the violation within the ten (10) days, d6-se
shall constitute an admission of the violation and.l! waiver of the right to a hearing.
Violatien~ ~hall be i~sucd as follews:
1. Fines
a)
b)
First Offense
Second Offcn~e
('vYithin ofte )'eM of :first offense)
Third Off'Cftse
$50
$250
e)
$500
(.....ithin ofte yeM ef :first offefise)
d) Feurth offcftse flfid all subsequem offenscs $500
(the Cit). may al:m rc'(oke the valet pl:lfking permit purstumt to the
proeedures set ferth in Seetiens 20 40 flfid 20 44 herein).
2. Ddifiition of "offcn~e"
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"Offcn3c" 3hall nleMi either M. uneontc3ted notiee of'violation i3sued by a
parking cnfofe:cmcnt 3pcciali3b'eode offieer or a finding of . iolation by a Speeial
Master.
b. The followin~ civil fines shall be imposed for each violation:
1:.
2.
1..
4.
Unauthorized/Illegal Ramping
Unauthorized/Illegal Storage
Operation without Valet Permit
Penalty for Lapse in Required Insurance
Coverage (from date oflapse)
No Name Tag
No Uniform
No Valid Florida Driver's License
$150.00 per offense
$250.00 per offense
$50.00 per offense/per day
2.:-
6.
7.
$150.00 per offense/per day
$25.00 per offense
$25.00 per offense
$25.00 per offense. and
immediate removal of the employee from the valet operation.
~ Non-compliance with Valet Employee list $25.00 per day
c, Rights of violators; payment of fine; right to appeal; failure to pay civil fine, or
to appeal.
1. A violator who has been served with a NftOtice of Vviolation shall elect either
to:
a. Pay the civil fine in the manner indicated on the Nftotice; or
b. Request an administrative hearing within ten (10) days of receipt of
the violation before a special master appointed by the City Commission upon
recommendation of the City Manager, to appeal the decision of the Parking
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Department or other Department which resulted in the issuance of the
Nftotice ofV-violation.
2. The procedures for appeal by administrative hearing of the NftOtice of
V-violation shall be as set forth in Sections 20-43 and 20-44 of the Miami Beach City
Code, and amendments thereto.
1:. If filing an appeal to the Special Master. the valet operator must post a bond
in the amount of the civil fine with the Clerk of the Special Master. If the valet
operator is successful in his appeal. the bond shall be returned to the valet operator.
If the valet operator is unsuccessful in his appeal. the Clerk of the Special Master
shall turn the bond over to the Parking Department as payment of the civil fine.
4. If the named violator after notice fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special master shall be
informed of such failure by report from the Parking Department. Failure of the
named violator to appeal the decision of the Parking Department within the
prescribed time period shall constitute a waiver of the violator's right to
administrative hearing before the special master. A waiver of the right to an
administrative hearing tlfld shall be treated as an admission of the violation and
penalties may be assessed accordingly.
5. Any party aggrieved by the decision of a special master may appeal that
decision to a court of competent jurisdiction.
d, Recovery of unpaid fines.
1. The City ofMia:mi Dcaeh may institute proceedings in a court of competent
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jurisdiction to compel payment of civil fines.
2. A certified copy of an order imposing a civil fine may be recorded in the
public records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a court
judgement by the sheriffs of this Sstate, including levy against the personal property,
but shall not be deemed to be a court judgement except for enforcement purposes.
After two (2) months from the filing of any such lien which remains unpaid, the City
of Miami Beaeh may foreclose or otherwise execute upon the lien.
3. As an additional means of enforcement, the City may seek injunctive relief
and lor follow procedures to revoke ftfttl. an occupational license as set forth in the
City Code when there are repeated violations of this Oerdinance.
4. Additionally. The Parking Department. on the eleventh (11 th) day after the
issuMee ef vielatien(3). shall withhold issuance of any new valet permits and leased
public on-street/curbside valet parking spaces. and suspend current valet permits until
past due violations are paid in full. The Parking Department reserves the right to
bring forward to the Special Master any party who has waived their right to appeal
and has over three outstanding violations.
e. Valet Operator's Responsibility for Vehicles in their Possession
Valet parking operators shall pay all fines and fees, including towing charges, arising
in connection with a patron's vehicle which is in the possession of the valet parking
operator at the time such charge is incurred. This does not preclude the valet parking
operator from also being cited by the Parking Department for violations of this
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section which resulted in the imposition of the fines and fee.
10. COMPLIANCE DATE
All valet parking operators in the City of Miami Dcadi shall comply with this Section by
JUlie 1, 1995 July 11. 1998.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3,
SEVERABILITY
If any section, subsection or provision of this Ordinance is held invalid, the remainder shall not be
affected by such invalidity.
SECTION 4.
EFFECTIVE DATE
This Ordinance shall take effect on July 11. 1998.
PASSED and ADOPTED this
1st
day of
July
, 1998,
llf~
Y~J' p~
Mayor
City Clerk
1st reading 5/6/98
2nd reading 7/1/98
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
15
41ie
~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cI.mlaml-beach.t1.us
COMMISSION MEMORANDUM NO, -'::133-CfB
TO: Mayor Neisen O. Kasdin and DATE: July 1, 1998
Me~bers of.the 7f ity c.. 0 (. ission
FROM: Sergio Rodriguez ,(_..
City Manager (
L/
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 20, ENTITLED "BUSINESS LICENSES", AMENDING
SECTION 20-32, ENTITLED "PARKING LOT; EXEMPTIONS; VALET
PARKING", BY PROVIDING FOR NEW INSURANCE REQUIREMENTS;
PROVIDING FOR THE IDENTIFICATION AND PROOF OF SUFFICIENT
VEIDCLE STORAGE SPACE; PROVIDING FOR THE REQillREMENT OF
PROVIDING A COPY OF THE BUSINESS LICENSE FOR THE STORAGE
SPACE; PROVIDING FOR THE IDENTIFICATION OF THE STORED
VEHICLE THROUGH A HANG- TAG, TICKET STUB; PROVIDING FOR
REVISIONS TO THE PUBLIC ON-STREET/CURBSIDE PARKING SPACE
RENTAL RATES; PROVIDING FOR REVISIONS TO THE VIOLATIONS
FINE SCHEDULE; PROVIDING FOR A EMPLOYEEN ALET OPERA TOR
CODE OF CONDUCT; AND PROVIDING FOR REPEALER,
SEVERABILITY AND EFFECTIVE DATE,
ADMINISTRA TION RECOMMENDATION:
Adopt the Grdinance.
BACKGROUND:
On July 28, 1994, the Mayor and City Commission amended Miami Beach City Code Chapter 20,
entitled "Business Licenses" amending Section 20-32, entitled "Parking Lot; Exemptions; Valet
Parking by ratifying and establishing the Valet Parking Ordinance (CMB Ordinance No. 94-2935).
The primary goal of the ordinance was to establish regulatory guidelines for valet parking operators
utilizing public right-of-way. Residents and business operators on Ocean Drive, Washington Avenue,
and in other areas of the city expressed their concern over private valet parking operations which use
municipal parking spaces and public streets for operation of their service. The regulatory
requirements included the provision of a business license, insurance requirements, storage spaces,
ramping spaces (drop-off and pick-up ), rental fees, enforcement, fine structure, appellate process
(Special Master), etc.
AGENDA ITEM
~c:sA
1-\-98
DATE
Subsequently, on April 19, 1995, the Mayor and City Commission revised the Valet Parking
Ordinance (CMB Ordinance No. 95-2987) in a continual effort to meet the evolving needs and
circumstances surrounding valet parking operations utilizing public right-of-way.
These revisions included strengthening several provisions in the ordinance including: insurance
requirements, identification of storage spaces, limitation of the number of curbside spaces used for
ramping, and the use of public parking spaces for valet parking storage at municipal parking facilities.
ANALYSIS:
The implementation and enforcement of the Valet Ordinance has resulted in significant improvements
in valet operations on the public right-of-way. These improvements include: (1) a reduction in
vehicular traffic congestion, particularly during peak times (nights and weekends); (2) increased levels
of service to the parking public; and (3) the assumption of responsibility and liability by valet parking
operators in the form of increased insurance requirements and City operational guidelines.
Notwithstanding this progress, the Administration identified areas of the Valet Ordinance that are
deficient and need to be addressed. To begin the process of amending the Ordinance, the Parking
Department held two public workshops with valet parking operators on April 4, 1997, and on March
11, 1998. The workshops enabled the Administration: (1) to receive operational input from the valet
parking operators; (2) to discuss changes that would fine-tune the Ordinance for the valet operator,
the City, and the parking public; (3) to develop a more equitable violation fine schedule; (4) to
develop a valet operator/valet employee code of conduct; and (5) to provide for new procedures for
the renting of valet ramp spaces.
This item was brought before the City Commission on May 6, 1998. Commissioner Liebman raised
a concern relative to the circumstances under which "ramping" is acceptable. Commissioner Gottlieb
raised a concern relative to the stealing ofitem(s) from vehicles parked by valet employees. Mayor
Kasdin requested the Administration to investigate increasing the hourly rate charged to valet
operators for the use of parking spaces. Commissioner Cruz requested a survey of the associated
costs, relative to what the City charges the valet operators to get a better understanding of the issue.
The Mayor and Commission opened and continued the Public Hearing at the June 3, 1998 in order
for the Administration to research and respond to the aforementioned concerns.
The following is in response to the concerns brought forth:
Q. Commissioner Liebman raised a concern relative to the circumstances under which
"ramping" is acceptable.
A. Ramping is an essential function of valet parking operations. It is the term used for the drop-
off and pick-up of passengers for a particular location. Section 3 (a) of the Valet Parking
Ordinance provides specific guidelines for ramping operations including; a fifteen (15)
minute time limit for the storage of vehicles in a ramp. The purpose of the ramp is to
provide an accessible area for the valet operator to engage the vehicle without hindering the
flow of traffic. Empirical data has demonstrated that the storage of vehicles in the ramp area
for over 15 minutes subsequently leads to the valet operator ramping vehicles from the
moving lane of traffic. On major thoroughfares, ramping from a moving lane of traffic
severely impedes the flow of traffic.
Ramping from a moving lane of traffic is strictly prohibited unless it has been determined,
in the sole discretion of the Parking Department, that a special circumstance exists. In order
for a valet operator to utilize a moving lane of traffic for ramping, they must provide the
following: (1) a site plan and traffic maintenance plan approved by both the Police and
Parking Departments and (2) an off-duty police officer monitoring the extended ramp area.
The impetus behind regulating valet parking ramp areas is to maintain the flow of traffic in
medium to high volume areas. The use of a moving lane of traffic on a less traveled road may
not necessarily inhibit the flow of traffic. The Parking Department will consider such
requests on a case by case basis.
Q. Commissioner Gottlieb raised a concern relative to the stealing of item(s) from vehicles
parked by valet employees.
A. There have been a number of incident lately, some with notoriety, regarding valet operators
and their employees' conduct while in possession of a patron's vehicle. The revised
Ordinance includes a "Code of Conduct" for the valet operators and their employees. The
Code of Conduct includes: (1) all employees who operate a motor vehicles must possess a
valid Florida Driver's License in good standing and shall abide by all City of Miami Beach
and Miami-Dade County traffic regulations, (2) all employees must be in uniform, (3) all
employees must wear on their uniform a name tag identifying the employee's name, (4) the
Parking Department, in its "sole discretion" and judgement, may issue a warning and request
the immediate removal of a valet operator's employee found to be discourteous,
unprofessional, disruptive, and/or dishonest. Failure of the valet operator to comply may
result in a $100.00 fine as set forth Section 20-32 (F) (4) (b). Furthermore, valet operators
will be required to submit a roster of personnel employed by the valet operator at each
location, including a photocopy of each employees' valid Florida Driver's License. Additions
and deletions to the employee roster shall be done monthly.
Q. Mayor Kasdin requested the Administration to investigate increasing the hourly rate charged
to valet operators for the use of parking spaces.
The existing rate for valet parking ramping spaces is $4.00 per space Mondays to Thursdays
and $6.00 per space Fridays, Saturdays, and Sundays. Currently, ramping spaces are rented
from 6 P.M. to 6 A.M. The proposed rate is $6.00 per space, seven days per week. In
addition to the existing rental period, an additional rental period offering a 24 hour rental will
be available at a cost of$10.00 per day.
The proposed rates are formulated utilizing the following factors: (1) parking meter hourly
rate, (2) hours of operation, and (3) utilization. The parking meter hourly rate is either $0.50
per hour or $1. 00 per hour, contingent upon the adjacent land use and demand. The hours
of operation are 9 AM. to 9 P.M. south of Dade Boulevard/23rd Street and 8 AM. to 6 P.M.
north of Dade Boulevard/23rd Street. The following matrix demonstrates the maximum
revenue potential per metered space versus the valet parking ramp space fee:
South of Dade Boulevard/23rd Street: (Parking Meter Hours of Operation 9 A,M, to 9 P,M.)
Ramp Rental Period Hourly Rate
12 hour rental: $0.50
12 hour rental: $1. 00
24 hour rental: $0.50
24 hour rental: $1.00
$10.00
Hours of Operation
3 hours *
3 hours*
12 hours**
12 hours**
Max. Revenue Potential
$ 1.50
$ 3.00
$ 6.00
$12.00
Rental Fee
$ 6.00
$ 6.00
$ 6.00
North of Dade Boulevard/23rd Street (Parking Meter Hours of Operation 8 A.M. to 6 P.M.)
Ramp Rental Period Hourly Rate
12 hour rental: $0.50
12 hour rental: $1.00
24 hour rental: $0.50
24 hour tental: $1.00
$10.00
*
Hours of Operation
o hours*
o hours*
10 hours**
10 hours **
Max, Revenue Potential
$ 0.00
$ 0.00
$ 5.00
$10.00
Ren tal Fee
$ 6.00
$ 6.00
$10.00
The rental period for valet ramping is 6 P.M. to 6 AM. However, parking meters are
enforced south of Dade Boulevard until 9 P.M. and north of Dade Boulevard until 6 P.M.
Therefore, revenue is foregone for three hours from 6 P.M. to 9 P.M. (or a maximum of
$3.00) south of Dade Boulevard/23rd Street and no revenue is foregone north of Dade
Boulevard/23rd Street since meters are not operational (enforced) after 6 P.M.
**
The proposed 24 hour valet parking ramp rental period would forego 12 hours of operation
(or a maximum of$12.00) south of Dade Boulevard/23rd Street and 10 hours of operation
(or a maximum of$1O.00) north of Dade Boulevard/23rd Street.
The calculations for the Maximum Revenue Potential column is based on the assumption that the
parking meter space is fully utilized throughout its entire operational period and that there is no
malfunction of the parking meter. From time to time, parking metered spaces experience some down
time due to either mechanical malfunction or lack of demand. Therefore, the proposed rate structure
virtually assures the City of no loss of revenue, and in some cases, increases revenues. Additionally,
the proposed rate structure shall maintain a level playing field in the feasibility of valet parking
operations for large and small operators alike.
Q. Commissioner Cruz requested a survey of the associated costs, relative to what the City
charges the valet operators in order to get a better understanding of the issue.
A Valet parking operators charge between $8.00 to $12.00 per vehicle. The valet parking fee
is contingent upon: (1) the demand produced by the establishment, (2) location of the service
(with regard to the proximity of the storage lot), and numerous fixed and variable costs.
Valet parking operators are subject to the following costs per location:
Start-up and Operational Costs:
Costs (estimated):
Corporation Registration in the State of Florida:
$300 (one-time fee)
City of Miami Beach Requirements:
o
o
Occupational License
Insurance:
Commercial General Liability - $1,000,000
per occurance/per location.
Garage Keepers Legal Liability - $300,000
per location.
Proof of Storage Facilities:
Valet Permit/Ramping Space Fees.
$41 0 (annual)
$3,000 (annual per location)
o
o
See Storage Locations below.
$96 (monthly)
Storage Locations (rent estimated on a 40 space lot, ifavailable): $2,000 (monthly)
Many valet operators lease storage facilities further away from the area to be serviced in order to
reduce the high costs of leasing prime real estate. However, these fixed costs savings are offset to
a great extent by variable costs such as additional runners and shuttles to provide satisfactory service.
Personnel Costs:
o
o
o
o
o
Administrative/Office personnel.
Supervisors/Managers.
Runners:
Uniforms:
Radios:
$1, 000 (monthly)
$7 -9 per hour
Hourly wage 1$1.00 per vehicle:
$300 (annual)
$180 (monthly)
Larger valet operators enjoy economies of scale as their fixed costs are spread out over numerous
accounts which provides a greater profit margin. Conversely, the smaller valet operators do not enjoy
this advantage. They must spread the same fixed costs over less accounts, thus, enjoying smaller
profit margins. The proposed valet parking fees were formulated with input from numerous valet
parking operators serving establishments on Miami Beach. The proposed rate structure is intended
to provide a level playing field of costs for large and small valet operators alike.
CONCLUSION:
The amended Valet Ordinance brought before the Commission today represents a consensus
document developed in the City workshops with the valet parking operators. The revisions and
amendments to the Ordinance provide for greater accountability on behalf of the valet operator, an
equitable violation fine schedule; clearly defined requirements and responsibilities of valet operators;
an enforceable valet employee/operator code of conduct; and a level playing field of costs for large
and small valet operators.
SR/HSM/SF
T:\AGENDAIJULO 198\REGULAR\ V ALET71.MEM