§ 22-424. Application and eligibility.

(a)

A person wanting to operate a valet parking service on public property or on private property but, requiring the use of public property for the maneuvering of the vehicles, must apply in writing to the director for a valet parking service license. The application shall be made on a form approved by the director, by the commercial property owner or lessee to be benefited by the proposed valet parking service.

(b)

All applications for valet parking service must provide the following information:

(1)

The names, address and telephone numbers of the applicant, a Florida Department of Law Enforcement Criminal History Information Report obtained from the Ocala Police Department at the applicant's request and expense and any other information deemed necessary by the director. If the applicant is a lessee, the owner, and any independent contractor the applicant intends to use as a valet parking operator must provide the same information;

(2)

The proposed location of any valet parking podium, stand, or sign to be used for the valet parking service;

(3)

A written traffic plan which shows in detail the operation of the valet service, including, but not limited to, the size, shape, and location of the valet ramping zone or valet ramping spaces; the size, shape, location, and support of any signage; and the anticipated flow of traffic to and from the ramping spaces or zones;

(4)

The location of the properly zoned and permitted off-street parking area or facility the valet parking operator intends to use for the storage of the vehicles, and a signed contract or agreement showing that the valet parking operator has acquired the legal right to store the vehicles in that area or facility;

(5)

The days and operating hours proposed for the valet parking operation along with an operations plan which shall include a staffing plan and standard operating procedures. The standard operating procedures will include at a minimum a procedure for cars that are not reclaimed, and for cars that are stolen or vandalized while in the possession of licensee;

(6)

Proof of insurance as provided for in section 22-432 of this article;

(7)

If a partnership, the full name of the partnership and the names of all the partners, whether general or limited, accompanied by the partnership instrument or a certified copy thereof, and the business address of the partnership;

(8)

If a corporation, the exact corporate name and state of incorporation and the names of all the officers, directors and stockholders owning ten percent or more of the outstanding voting stock, accompanied by the articles of incorporation and all amendments thereto and the certificate of incorporation, or certified copies thereof, and the business address of the corporation and its registered agent.

(c)

No application for the operation of a valet parking service shall be processed for any person under the age of 18 years.

(d)

No application shall be processed for any licensee who has, within five years prior to the date of the application for such license, been convicted, been incarcerated, or been on probation or parole as a result of a conviction, of any crime defined by the following Florida Statutes, or their subsequent amendments, or as similarly defined in any other state, or pursuant to federal law:

F.S. § 782.04	Murder
F.S. § 782.07	Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child
F.S. § 782.071	Vehicular homicide
F.S. § 782.072	Vessel homicide
F.S. § 782.08	Assisting self-murder
F.S. § 782.09	Killing of unborn child by injury to mother
F.S. § 782.11	Unnecessary killing to prevent unlawful act
F.S. § 784.011	Assault
F.S. § 784.021	Aggravated assault
F.S. § 784.03	Battery
F.S. § 784.045	Aggravated battery
F.S. § 784.048	Stalking
F.S. § 784.05	Culpable negligence
F.S. § 784.07	Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers
F.S. § 784.08	Assault or battery on person 65 years of age or older
F.S. § 787.01	Kidnapping
F.S. § 787.02	False imprisonment
F.S. § 787.03	Interference with custody
F.S. § 787.04	Removing minors from state or concealing minors contrary to state agency order or court order
F.S. § 794.011	Sexual battery
F.S. § 794.05	Unlawful sexual activity with certain minors
F.S. § 800.02	Unnatural and lascivious act
F.S. § 800.03	Exposure of sexual organs
F.S. § 800.04	Lewd, lascivious, or indecent assault or act upon or in presence of child
F.S. § 806.01	Arson
F.S. § 806.031	Arson resulting in injury to another
F.S. § 806.10	Preventing or obstructing extinguishment of fire
F.S. § 806.111	Fire bombs
F.S. § 806.13	Criminal mischief
F.S. § 810.02	Burglary
F.S. § 810.06	Possession of burglary tools
F.S. § 812.014	Theft
F.S. § 812.015	Retail and farm theft; transit fare evasion
F.S. § 812.016	Possession of altered property
F.S. § 812.019	Dealing in stolen property
F.S. § 812.13	Robbery
F.S. § 817.233	Burning to defraud the insurer
F.S. ch. 826	Bigamy; incest
F.S. ch. 827	Abuse of children
F.S. ch. 831	Forgery and counterfeiting
F.S. ch. 837	Perjury
F.S. ch. 838	Bribery; misuse of public office
F.S. ch. 870	Affrays; riots; routs; unlawful assemblies
F.S. ch. 872	Offenses concerning dead bodies and graves
F.S. ch. 873	Sale of anatomical matter
F.S. ch. 876	Criminal anarchy, treason, and other crimes against public order
F.S. § 877.111	Inhalation, ingestion, possession, sale, purchase or transfer of harmful chemical substances
F.S. § 893.13	Sale, purchase, manufacturing, delivery or possession of a controlled substance
F.S. § 893.135	Trafficking
F.S. § 893.147	Use, possession, manufacturing, delivery or advertisement of drug paraphernalia
F.S. ch. 895	Offenses concerning racketeering and illegal debts

 

(e)

No application shall be processed for any licensee who has, within three years prior to the date of the application for a valet parking service, been convicted, been incarcerated, or been on probation or parole as a result of a conviction, of any crime defined by the following Florida Statutes, or their subsequent amendments, or as similarly defined in any other state, or pursuant to federal law:

F.S. § 316.192	Reckless driving
F.S. § 316.193	Driving under the influence
F.S. § 316.1935	Fleeing or attempting to elude a law enforcement officer; aggravated fleeing and eluding
F.S. § 790.01	Carrying concealed weapons
F.S. ch. 796	Prostitution
F.S. § 817.234	False and fraudulent insurance claims
F.S. § 817.235	Removing or altering identification marks from personal property
F.S. § 817.52	Obtaining vehicles with intent to defraud, failing to return hired vehicle, or tampering with mileage device of hired vehicle
F.S. § 877.111	Inhalation, ingestion, possession, sale, purchase or transfer of harmful chemical substances

 

(f)

No application shall be processed for any applicant who has, within two years prior to the date of the application for such license, been convicted, been incarcerated, or been on probation or parole as a result of a conviction, of any crime not listed herein, or their subsequent amendments, or as similarly defined in any other state, or pursuant to federal law.

(g)

A person convicted of any of the crimes mentioned in this section within the timeframes prescribed in this section may appeal to the city council. The city council may waive the prohibition of processing the application if it feels that the applicant is rehabilitated and no longer a threat to the community.

(h)

Any prohibition required by this article as the result of the conviction of a crime set forth in this section shall be waived upon proof that the person's civil rights have been restored, pursuant to F.S. §§ 940.03—940.05 and F.S. §§ 944.292 and 944.293, or their subsequent amendments, or as similarly defined in any other state, or pursuant to federal law.

(Ord. No. 5859, § 1, 5-9-08; Ord. No. 5922, § 8, 12-16-08; Ord. No. 2013-73, § 1, 8-20-13)