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*Cg41FOIL CITY COUNCIL STAFF REPORT
DATE: October 5, 2016 LEGISLATIVE
SUBJECT: PROPOSED ORDINANCE RELATING TO THE REGULATION OF
PEDICABS ON CITY STREETS
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
The City Council will consider the introduction of an ordinance relating to pedicabs and
allowing the consumption of alcoholic beverages onboard pedal -powered passenger
vehicles as defined by SB 530,
RECOMMENDATION:
Waive reading of the ordinance text and introduce by title only for first reading
Ordinance No., "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 12.92 ENTITLED 'REGULATION OF PEDICABS'
TO TITLE 12 'VEHICLES AND TRAFFIC' OF THE MUNICIPAL CODE RELATING TO
THE REGULATION OF PEDICABS ON CITY STREETS."
STAFF ANALYSIS:
At the meeting of July 6, 2016, the City Council discussed a proposed ordinance for the
regulation of pedicabs and establishing regulations that would allow passengers to
consume alcohol onboard multi -passenger vehicles. The pedicab ordinance establishes
general regulations for pedicabs as defined in California Vehicle Code Section 231,
including four -wheeled vehicles that seat eight or more passengers.
There are general requirements for all types of pedal -powered vehicles relating to
seating capacity, age requirements of operator, and safety inspection such as seat
belts, seat backs, brakes, and lights. Section 19.92.070 addresses insurance
requirements, and Section 19.92.220 addresses the requirements for pedicabs
operating with alcohol on board in accordance with SB 530.
Senate Bill 530 establishes requirements for pedicabs that allow passengers to
consume alcohol until January 1, 2020. The bill also amends the definition of "pedicabs"
ITEM NO. ; A
City Council Staff Report
October 5, 2016 — Page 2
SB 530 — Proposed Ordinance Regulating Pedicabs
to include a four -wheeled device that is primarily or exclusively pedal -powered and has
a seating capacity for eight or more passengers, does not travel in excess of 15 miles
per hour, and is used for transporting passengers for hire.
Some requirements relating to alcohol on board include: all passengers and drivers
shall be 21 years and older, passengers consumption of alcoholic beverages shall be
limited to beer and wine and shall not exceed 36 ounces of beer or 18 ounces of wine
per passenger. Additionally, a permit from the Department of Alcoholic Beverage
Control (ABC) is not required of the operator or onboard safety monitor, so long as
neither the operator, nor their employees or agents, sell, serve, or furnish any alcoholic
beverages to any passenger. Beer and wine may be consumed by a passenger only
while he or she is physically onboard and within the pedicab. Open container laws still
apply and any passenger who sets foot in the public right-of-way while holding an open
container of alcohol may be cited by the Police Department.
FISCAL IMPACT:
Associated Staff costs will be recovered in the fees paid as part of the permitting
process.
Cathy Van Horn David H. Ready, Esq.,
Economic Development Administrator City Manager
Attachments: Proposed Ordinance
02
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA ADDING CHAPTER
5.41 TO THE PALM SPRINGS MUNICIPAL CODE
ESTABLISHING REGULATIONS FOR PEDICABS ON CITY
STREETS
City Attorney's Summary
This Ordinance establishes a comprehensive regulatory
program for the operation of pedicabs in the City, including
specific regulations for the possession and consumption of
alcoholic beverages under specific conditions by pedicab
passengers.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Chapter 5.41 is added to the Palm Springs Municipal Code to read:
Chapter 5.41. REGULATION OF PEDICABS
Section 5.41.010. Purpose
The City Council finds that regulations governing pedicabs and the owners and
drivers of pedicabs are necessary to protect the general safety and welfare of
passengers using pedicabs for hire and pedestrians and motorist within the city.
Section 5.41.020. Definitions
Unless it appears from the context that a different meaning is intended, the following
words, as used in this Chapter, shall have the following meaning:
"Identification card" means a card issued by the city that identifies the pedicab driver
with a color passport a -size photo.
"Operates within the city" means the soliciting, accepting, picking -up, or embarking
within the city of a passenger or passengers for transportation or conveyance to any
point within or outside the city for any form of consideration.
"pedicab" means any of the following:
1. A bicycle (as defined in California Vehicle Code Section 231) that has three or
more wheels, that transports, or is capable of transporting, passengers on seats
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attached to the bicycle, that is operated by a person, and that is being used for
transporting passengers for hire.
2. A bicycle (as defined in California Vehicle Code Section 231) that pulls a trailer,
sidecar, or similar device, that transports, or is capable of transporting,
passengers on seats attached to the trailer, sidecar, or similar device, that is
operated by a person, and that is being used for transporting passengers for hire.
3. A four -wheeled device that is primarily or exclusively pedal -powered, has a
seating capacity for eight or no more than 15 passengers, cannot travel in excess
of 15 miles per hour, and is being used for transporting passengers for hire.
"Pedicab driver" or "driver" means any individual who drives or operates a pedicab
within the city whether as an owner, an employee of the owner, or as an independent
contractor.
"Pedicab driver permit" means a written permit issued by the city authorizing a person to
drive or operate a pedicab within the city.
"Pedicab owner" or "owner" means any person who owns, leases, or otherwise has
possession of a pedicab.
"Pedicab owner permit" means a written permit issued by the city authorizing a person
to own one or more pedicabs and allowing such pedicab(s) to be driven or operated
within the city.
"Pedicab vehicle permit" means the numbered permit issued by the city for display on a
pedicab to indicate that the pedicab is permitted to operate within the city.
"Person" means both singular and plural, and shall mean any individual, firm,
corporation, association, partnership, society or other entity, exclusive of public
agencies.
Section 5.41.030. Permit Requirement for Pedicab Owners
It is unlawful for a pedicab owner to drive or operate a pedicab, or allow a
pedicab to be driven or operated, within the city unless the owner has a valid pedicab
owner permit. Pedicab owner permits are the property of the city and are not
transferable to any other person.
Section 5.41.040. Application for Pedicab owner permit
A. The pedicab owner permit application shall be in a form prescribed by the City
Manager.
B. Each applicant for a pedicab owner permit shall provide the following information
in the application:
1. The applicant's full name;
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2. The applicants business and residence address, phone number, and
email;
3. The name(s) under which the applicant will be conducting business as a
pedicab owner;
4. The applicant's date of birth, and proof that the applicant is twenty-one
(21) years of age or older;
5. Identification in the form of a valid motor vehicle driver's license or
identification card issued by any state or territory of the United States, or a
valid passport;
6. Proof of a valid city business license
7. Proof of insurance as set forth in this chapter;
8. A complete set of fingerprints of the applicant;
9. Four recent color passport -sized photographs;
10. Authorization for the city to conduct a comprehensive background check
of the applicant; and
11. Such other material as the City Manager may require to evaluate the
fitness of the applicant to be granted a pedicab owner permit.
C. Each applicant must sign the application which shall contain a warning that
the application may be denied or permit suspended, modified or revoked if
the applicant misrepresents facts relevant to the fitness of the applicant to
be granted a pedicab owner permit.
D. The City Manager shall investigate the facts stated in an application for a pedicab
owner permit and other relevant data
Section 5.41.050 Pedicab Owner Permit.
The City shall charge an annual nonrefundable fee to recover the cost of
activities associated with the administration, regulation, and issuance of pedicab owner
permits in an amount as may from time to time be determined by the City Council. A
pedicab owner permit shall be valid for a period for one year from the date of issuance.
Section 5.41.060 Pedicab Owner Permit Renewal.
A pedicab owner permit shall be renewable annually 30 days prior to the expiration
of their existing permit. The renewal fee shall be set by the Council Resolution.
Section 6.41.070 Insurance Requirements
At all times Pedicab Owner shall indemnify, keep indemnified, save harmless,
and defend the City, its officers, agents and employees from and against any injury,
loss, damage, liability, claim and expense of any kind which the City or any of its
officers, agents and employees may sustain, incur or pay and from all actions which
may be connected with any of the operations of permittee.
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Pedicab Owner shall procure and maintain at its cost, during the term of the
permit and any renewals thereof, from an insurer admitted in California or having a
minimum rating of or equivalent to A:VIII in Best's Key Rating Guide, comprehensive
general liability insurance, endorsed to cover the use of all horse-drawn carriages
operated pursuant to the permit, with a combined single limit of at least one million
dollars for each occurrence or two million dollars general aggregate. The City, its
officials, employees, and agents shall be covered as additional insureds with respect to
liability arising from the operations of the Pedicab Owner. Said insurance shall be
primary insurance with respect to the City and shall contain an endorsement requiring
thirty days prior written notice from insurers to the City and Pedicab Owner before
cancellation or change of coverage.
Pedicab Ownere shall file certificates of insurance and original endorsements
containing the original signature of a person authorized by the insurer to bind coverage
on its behalf and evidencing the coverage required herein for approval as to sufficiency
and form prior to the start of operations pursuant to the permit. The City reserves the
right to require complete certified copies of all policies at any time.
Said insurance may provide for such deductibles or self -insured retention as may
be acceptable to the City's risk manager. In the event such insurance does provide for
deductibles or self -insured retention, permittee shall fully protect the City, its officials
and employees in the same manner and to the same extent as they would have been
protected had the policy not contained a deductible or retention provisions.
Insurance required herein shall not be deemed to limit Pedicab Owner's liability
under this chapter. Any modification or waiver of these insurance requirements shall
only be made with the written approval of the city's risk manager.
Section 5.41.080 Permit Requirement for Pedicab Drivers.
It is unlawful for any person to drive or operate a pedicab within the city without
having a valid pedicab driver permit. Pedicab driver permits are the property of the city
and are not transferable to any other person.
Section 5.41. 090 Application for Pedicab Driver Permit
A. The Pedicab Driver Permit application form shall be in a form prescribed by the
city manager.
B. The applicant shall provide the following information in the application.
1. The applicant's full name;
2. The applicant's business and residence addresses, phone numbers and
emails;
3. The names(s) of the business or company, if any, for which the driver shall
be working as a pedicab driver;
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4. The applicant's date of birth, and proof that the applicant is twenty-one
(21) years or older;
5. Identification in the form of a current and valid motor vehicle driver's
license issued by the State of California;
6. A complete set of fingerprints of the applicant;
7. Four recent color passport -size photographs;
8. Authorization for the city to conduct a comprehensive background check
of the applicant; and
9. Any other material the city manager may require to evaluate the fitness of
the applicant to be granted a pedicab driver permit.
C. Each applicant must sign the application which shall contain a warning that the
application may be denied or the permit suspended, modified or revoked if the applicant
misrepresents facts relevant to the fitness of the applicant to be granted a pedicab
driver permit.
D. The city manager shall investigate the facts stated in an application for a pedicab
driver permit and other relevant data.
Section 5.41.100 Pedicab Driver Permit Fee/Permit Duration
The City shall charge an annual nonrefundable fee to recover the cost of
activities associated with the administration, regulation, and issuance of pedicab driver
permits as may from time to time be determined by the City Council. This permit shall
be valid for one year from date of issuance.
Section 5.41.110 Pedicab Driver Permit Renewal
A pedicab driver permit shall be renewable annually 30 days prior to the
expiration of their existing permit. The renewal fee shall be set by Council by resolution.
Section 5.41.120 Driver identification Card
A. The city shall issue an identification card to a person after such person has
issued a pedicab permit.
B. While the pedicab is in operation, the pedicab driver shall wear the identification
card at all times on his or her person, in a manner clearly visible to the public.
C. Identification cards are the property of the city and are not transferable to any
other pedicab driver. In the event that a person's pedicab driver permit is suspended or
revoked, the operator shall immediately surrender the identification card to the city
manager. In the event of a suspension, the city manager shall return the identification
card to its older immediately after termination of the suspension period.
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Section 5.41.130. Driver's License Requirement
It is unlawful for any individual to drive or operate a pedicab unless he or she is
currently and validly licensed by the State of California to drive a motor vehicle. A
pedicab driver shall have his or her current valid motor vehicle driver's license issued by
the State of California on his or her person at all times while driving or operating a
pedicab.
Section 5.41.140. Permit Requirement for Pedicab Vehicles
A. It is unlawful for any pedicab owner to lease, rent or allow a pedicab to be driven
or operated for hire within the city without first having obtained a pedicab vehicle permit.
The pedicab vehicle permit shall be permanently affixed in a conspicuous and visible
location within the pedicab.
B. Pedicab vehicle permits are the property of the city and are not transferable to
any other pedicab.
Section 5.41.150 Application for Pedicab Vehicle Permit
A. The pedicab vehicle permit application shall be in a form prescribed by the city
manager. The applicant shall provide the following information in the application:
1. The full name, business and residence address, phone, and email of the
applicant;
2. The name and address of all legal and registered owners of the pedicab;
3. A description of the pedicab, including trade name, if any, serial number or
owner identification number, body style, and color scheme;
4. Seating capacity of the pedicab; and
5. Proof of insurance in accordance with this chapter.
Section 5.41.160 Requirements for Issuance of a Pedicab Vehicle Permit
A. Pedicab vehicle permits shall be issued only after the pedicab has been
inspected by the city. Pedicabs must meet all of the following requirements:
1. A battery -operated headlight capable of projecting a beam of white light
for a distance of three hundred (300) feet shall be permanently affixed to the
pedicab. Such light may be removable and recharged;
2. Battery -operated taillights shall be permanently affixed on the right and the
left at the same level on the rear exterior of the passenger compartment.
Taillights shall be red in color and plainly visible form all distances within five
hundred (500) feet to the rear of the pedicab. Such light may be removable and
recharged;
3. Signal bells and turn signals indicators;
4. Seat belts for each available passenger;
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5. Four (4) wheeled pedal -powered pedicabs shall be equipped with
seatbelts and seat backs for all passengers, plus, brakes, reflectors, headlights,
and grab rails;
6. Those requirements related to bicycles as set forth in California Vehicle
Code Section 21201 shall apply.
Section 5.41.170. Pedicab Vehicle Permit Fee/Duration
The city shall charge an annual nonrefundable fee to recover the cost of activities
associated with the administration, regulation, and issuance of pedicab vehicle permits
as may from time to time be determined by the City Council. Pedicab vehicle permits
shall be valid for a period of one year from date of issuance.
Section 5.41.180. Pedicab Vehicle Renewal
Pedicab vehicle permits shall be renewable annually upon filing of a new
application, inspection of the pedicab, and payment of the annual pedicab vehicle
permit fee.
Section 6.41.190. Equipment Regulations for Operation of Pedicabs
It is unlawful for any person to operate, or cause to be operated, a pedicab which
fails to meet the equipment requirements of this chapter.
Section 5.41.200. Fare Schedule
A. Every pedicab shall have permanently affixed to the outside of the vehicle, in a
place readily seen by passengers, a frame covered with clear plastic, or similar material,
enclosing a card upon which shall be printed in plain, legible letters the schedule of
rates authorized for carriage in such pedicab. The font size for such lettering shall be at
least one inch in height.
B. It is unlawful for a pedicab driver to deceive any passenger who rides in the
vehicle, or who expresses a desire to ride in such vehicle, as to that passenger's
destination or the rate to be charged.
C. It is unlawful for pedicab driver to demand from a passenger a fare greater than
the fare contained in the posted fare schedule.
D. Subsection C of this section does not apply to fares for special tours, provided
that the fare for the special tour is agreed upon between the passengers and the
pedicab driver or operator prior to the beginning of the tour.
Section 5.41.210. Report of Accidents and General Pedicab Operations
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A. The operator of the pedicab shall annually report to the Department of the
California Highway Patrol, commencing on January 1, 2106, any accidents caused or
experienced by the pedicabs.
B. A pedicab owner whose pedicab is involved in any accident or collision resulting
in property damage or personal injury of any kind shall within forty-eight (48) hours of
being informed of the accident or collision give a written report thereof to the city
manager. A copy of a report required under state law shall be deemed sufficient for
such purposes; otherwise, such report shall contain all information required with respect
to reports otherwise required under state law.
Section 5.41.220 Requirement for Pedicab Operating with Alcohol on Board
Any 4-wheeled pedal -powered vehicle on which alcoholic beverages are
consumed shall operate subject to all of the following requirements:
A. An onboard safety monitor who is 21 years of age or older shall be present
whenever alcohol is being consumed by passengers during the operation of the
pedicab. The onboard safety monitor shall not be under the influence of any alcoholic
beverage and shall be considered as driving the pedicab for purposes of Article 2
(commencing with Section 23152) of Chapter 12 of Division 11 of the California Vehicle
Code during the operation of the pedicab.
B. Both the operator and safety monitor shall have successfully completed either
the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the
Department of Alcoholic Beverage Control or a training course utilizing the curriculum
components recommended by the Responsible Beverage Service Advisory Board
established by the Director of Alcoholic Beverage Control.
C. Alcoholic beverages shall not be provided by the operator or onboard safety
monitor or any employee or agent of the operator or onboard safety monitor of the
pedicab.
D. Alcoholic beverages may only be supplied by the passengers of the pedicab. All
alcoholic beverages supplied by passengers of the pedicabs shall be brought on board
in enclosed, sealed, and unopened containers that have been labeled pursuant to
Chapter 13 (commencing with Section 25170) of Division 9 of the Business and
Profession Code prior to their consumption on board the pedicab.
E. All alcoholic beverages supplied by passengers shall be limited to beer and wine
and shall not exceed 36 ounces of beer or 18 ounces of wine per passenger.
F. Alcoholic beverages may be consumed by a passenger of the pedicab only while
he or she is physically on board and within the pedicab. Open container laws still apply
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and any passenger who sets foot in the public right-of-way while holding an open
container of alcohol may be cited by the police department.
G. All passengers shall be 21 years of age or older if alcohol is consumed during the
operation of the pedicab.
H. For the purposes of this subdivision, passengers who are pedaling the device are
not operators.
I. A license or permit from the Department of Alcoholic Beverage Control shall not
be required of the operator or onboard safety monitor, so long as neither they, nor their
employees or agents, sell, serve, or furnish any alcoholic beverage to any passenger.
J. For purposes of this section, "alcoholic beverage" has the same meaning as
defined in Section 23004 of the Business and Professions Code.
Section 5.41.230 General pedicab Operation
A. All pedicabs shall be operated according to the provisions of this chapter, the
applicable provisions of the California Vehicle Code and the City of Palm Springs Code
governing operation of bicycles, and all other applicable state and federal laws.
B. No pedicab shall be operated in weather conditions that pose an unreasonable
safety risk to the drivers or passengers of the pedicab, or to other motorists or
pedestrians.
C. No owner or driver of a pedicab shall knowingly permit such pedicab to be used
for unlawful purposes or knowingly to transport persons for such purposes.
D. No pedicab shall operate on any freeway or on any highway with a posted speed
limit in excess of 30 miles per hour, except to cross the highway at an intersection.
E. Every pedicab operating under this chapter must be inspected by the city
manager at such intervals as may be established by the city manager, to insure the
continued maintenance of safe operating conditions. Such pedicbs shall be maintained
in working order and good repair. Maintenance and repair records for each pedicab
shall be retained for at least one year after such maintenance and repair has been
completed, and such records shall be made available to the city upon request.
F. For the purpose of immediately loading or unloading passengers, a pedicab may
remain standing upon a street if the pedicab is in any legal parking stall, designated
loading zone or any other location that does not impede pedestrian or vehicular traffic.
Otherwise, a pedicab may not be left parked or standing in metered spaces or specially
designated spaces, such as those for carriages, taxis, busses, handicapped drivers,
and the like. The city manager may set forth specific additional locations where
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pedicabs are allows to park or stand. No pedicab, while in operation for solicitation or
transportation of passengers, shall be left unattended by the pedicab driver for a period
of more than fifteen (15) minutes at a time unless parked in one of those specific
locations identified by the city manager.
G. Pedicab owners shall maintain an operational log for each pedicab owned and
operated under the owner's pedicab owner's permit. The operational log shall list the
dates and times of the operation of each pedicab, and the name of any pedicab driver
operating the pedicab during those dates and times.
H. Pedicab owners shall establish a procedure for the collection, retention and
return of lost property found in each pedicab. Pedicab owners and pedicab drivers shall
also be prompt, diligent and courteous in responding to and resolving inquiries and
complaints from passengers, city officials and members of the general public regarding
the operation of pedicabs owned and/or operated by them.
I. The city manager shall promulgate rules and restrictions regarding the times
when and locations where pedicbs may be driven and operated within the city, as well
as the location of any pedicab stand used for pick-up and drop-off of passengers, the
appearance and maintenance of pedicabs and pedicab drivers, and other matters
pertaining to the operation of pedicabs. Such rules and restriction shall be adopted by
City Council resolution. The city manager shall ensure that each pedicab owner is
given an updated version of such restrictions. It is unlawful for any pedicab owner or
pedicab driver to drive or operate a pedicab, or allow a pedicab to be driven or
operated, in violation of these restrictions.
J. Pedicab owners, pedicab drivers and pedicab vehicles are subject to all
applicable, city county, state and federal laws, rules and regulations.
Section 5.41.240 Denial, Suspension, Modification and Revocation of Permits
A. Denial of pedicab permits. The city manager may deny issuance of pedicab
owner permit, pedicab driver permit or pedicab vehicle permit if an applicant for such
permit:
1. Fails to comply with the requirements of this chapter;
2. Misrepresents facts relevant to the fitness of the applicant;
3. Is currently required to register pursuant to California Penal Code Section
290
4. Has been convicted of a crime involving moral turpitude or narcotics; or
5. Has been convicted for hit and run, driving a vehicle recklessly or while
under the influence of intoxicating alcohol or drugs within the seven years
immediately preceding application for a pedicab operating permit.
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B. Suspension, modification or revocation of permits. The City Manager may
suspend, modify or revoke a pedicab owner permit, pedicab driver permit or pedicab
vehicle permit if the holder of the permit:
1. Misrepresents facts relevant to the fitness of the pedicab owner or pedicab
driver if such misrepresentation becomes known after a permit has been
issued;
2. Violates the traffic laws of the city, county, or state, or has had a license to
drive issued by a state or territory of the United States suspended or
revoked.
3. Is convicted of misdemeanor reckless driving;
4. Fails to maintain one or more pedicabs in good order and repair;
5. Drives or operates a pedicab, or allows a pedicab to be driven or
operated, when it is known to the owner or drive not to be in good order
and repair;
6. Knowingly falsifies material and relevant facts on an application for a
pedicab owner permit, pedicab driver permit or pedicab vehicle permit;
7. Fails to maintain insurance as required in this chapter;
8. Fails to notify the city manager thirty (30) days prior to the effective date of
liability insurance cancellation or change of insurer;
9. Fails to pay any fines, penalties, fees or damages lawfully assessed upon
the owner or driver of a pedicab;
10. Is convicted of a violation of any law involving alcohol or moral turpitude;
11. Operates any vehicle in a manner which constitutes a misdemeanor under
the laws of the state of California; or
12. Fails to comply with any of the applicable provisions of this chapter or the
rules and regulations prescribed by the city manager.
13. The city manager has received information reasonably sufficient and
reliable to establish that the permit holder has committed a violation of law
involving:
a. A felony;
b. A sex offense;
C. Soliciting for prostitution;
d. A narcotics offense.
C. Upon suspension or revocation, the pedicab owner or pedicab driver shall
immediately surrender the pedicab operating permit, pedicab driver permit or pedicab
vehicle permit to the city manager. In the event of suspension, the city manager shall
return any suspended permit to the holder of such permit immediately after termination
of the suspension period. After any such permit has been revoked, the holder of that
permit may not reapply for such permit until one year has elapsed since the date that
the revocation became a final adjudication.
Section 5.41.250 Right of Appeal and Appeal Procedure
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A. The City shall notify the pedicab owner or pedicab driver that his or her pedicab
owner permit, pedicab driver permit or pedicab vehicle permit has been denied,
suspended, modified or revoked. The city manager shall also notify the pedicab owner
or pedicab driver of the right to appeal the denial, suspension, modification or
revocation to the city manager. Any written appeal shall be filed in accordance with this
chapter.
B. If no appeal is filed within the time allowed, the pedicab owner permit, pedicab
driver permit or pedicab vehicle permit shall be considered denied, suspended, modified
or revoked and the pedicab owner or pedicab driver shall immediately surrender any
such permit to the city manager in the manner prescribed.
C. Once a timely appeal is filed, any suspension, modification or revocation of
pedicab owner permit, pedicab driver permit or pedicab vehicle permit shall be stayed
pending the final determination by the hearing officer as set forth in this chapter, unless
such permit has been immediately suspended pursuant to the chapter.
Section 5.41.260 Appeal Proceedings.
Any person aggrieved by any decision of the City Manager with respect to the
issuance or application of a permit pursuant to the provisions of this Chapter may be
appealed in the manner provided in Chapter 2.50 of this Code.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take effect
thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS DAY OF 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the _ day of , 2016, and adopted at
a regular meeting of the City Council held on the day of , 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
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RECEIVED
,.`ITY Of PALM SPRING_
2111 SEP 29 PM 3: S 1
JAMES TNOhFbL.-
September 13, 2016 CITY CLERK
Dear City Council Members;
Shortly after the arrival of the Sunnycycle business in Palm Springs earlier in the year I
have had the pleasure of working with owners Shannon Miller and Jennifer Banford that
included striking a deal with them that would to allow them to park their vehicle in our
underground parking garage and arrange for them to be able to start their tours in the
front of our resort, a relationship we have enjoyed now for many months. Since that time
they have proven to be committed to maintaining a legitimate and trustworthy operation
for the tourists and locals that have used their service. We have not heard one negative
comment from either our guests or their clients which is outstanding and a testament to
the great experience they are providing to all.
In a short period of time they solidified relationships with key business leaders within our
community and have shown that they too have the same goals and objectives we all do
when it comes to driving more business into the city and creating a fun, safe and
entertaining activity that can be enjoyed by people of all ages. We believe Sunny Cycle to
be a quality attraction and entertainment business in Palm Springs.
We understand that Governor Brown passed Senate Bill No. 530 on October 4`n, 2015
allowing open liquor on a business of this nature. We have found both Shannon and
Jennifer to be very responsible business owners who take pride in their operation and will
do everything in their power to maintain all the safety standards regarding adult
beverages. We write to you in support of allowing beer, wine or alcohol content
equivalent beverages to be consumed on the Palm Springs SunnycycIe and feel confident
that this added feature to their business will be a benefit that will be handled efficiently
and responsibly.
Thank you for your consideration,
N
Bill Bradfo
Resort Manager
Marquis Villas Resort
16
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September 14, 2016
Dear City Council; AHab Dada
CHAIRMAN OF
The Sunny Cycle is striving to ensure that their business is successful in its exciting THE BOARD
flagship launch in the City of Palm Springs. The owners, Shannon Miller and Jen
Banford, invested $160,000 into this unique entertainment business that brings Tim Ellis
energy, fun and smiles to our downtown area. VICE CHAIRMAN
Their goal is to build a solid brand in the community that commits to a safe, fun, Robert Hunt
eco-friendly, and entertaining service while partnering with other local small SECRETARY
businesses to make the Palm Springs experience a most memorable one. Sunny
Cycle has partnered with Lulu's, Trio, Agua Caliente Spa Casino, Las Casuelas, Vincent Bucci
Chill Bar and Marquis Villas. TREASURER
The Palm Springs Sunny Cycle team is building their business based upon similar
models already proven to be successful in other US cities/states, such as Sacramento
(CA), San Diego (CA), Minneapolis (MN), Savannah (GA), St. Petersburg (FL), Austin (Texas),
and Cabo St. Lucas.
From the ground up the Sunny Cycle has been designed by a professional group of engineers and
trades, exceeding standards used by other cycle companies. The Palm Springs Sunny Cycle
business is based on a technology platform that is considered `best of class', whereby the cycle is
equipped with an electric motor assist function, misters, surround sound stereo, flat screen TV,
under -carriage lighting, under -canopy lighting, and USB ports for cell phone charging. The
Sunny Cycle's electric motor assist provides safety and inclusiveness as it assists riders with
pedaling up hills, starting up at red lights, and accommodates all rider capabilities. The Sunny
Cycle can be moved quickly in any direction without people on it pedaling, and the under -
canopy and under -carriage lighting provides illumination and safety. Other key safety features
are: the driver is positioned at the front of the cycle with excellent visibility of the roadway and
out of reach from the patrons; it is designed with a wide footprint with a center of gravity low and
toward the center of the cycle, minimizing risk of tipping when cornering as experienced with
other cycle designs; the LED headlights, brake lights, turn signals and overall vehicle lighting
ensures high visibility; a step up platform, handrails throughout the cycle, secure seat backs
with adjustable seat height and retractable seatbelts; a second team member accompanies each
tour, situated in the middle, between the riders for social engagement and safety reasons.
We believe Sunny Cycle to be a quality attraction and entertainment business in Palm Springs.
The safety features on the Sunny Cycle are second to none. We understand that our Governor
passed Senate Bill No. 530 on October 41, 2015 allowing open liquor on a business of this nature.
190 Amado Road • Palm Springs, CA 92262 • 760-275-0963 • www'�77-�'-RESORTS.com
17
.RESORTS
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!' P,F Resorts Board of Directors
fee Hotel
Alcazar Palm Springs
Avalon Palm Springs
Caliente Tropics
Colony Palms
Greater Palm Springs CVB
Hard Rock Hotel
Hyatt Palm Springs
L' Horizon Resort & Spa
Lulu's California Bistro
Marquis Villas
McCormick Car Auctions
PS Convention Center
Palm Mountain Resort & Spa
Parker Palm Springs
Renaissance Palm Springs
Riviera Palm Springs
Saguaro Palm Springs
Spencer's
The V Palm Springs
Ahab Dada
CHAIRMAN OF
THE BOARD
Tim Ellis
VICE CHAIRMAN
Robert Hunt
SECRETARY
Vincent Bucci
TREASURER
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on the aim Sprin Supny Cycle.
PS
Springs
IP Resorts Board of Directors
ce Hotel
Alcazar Palm Springs
Avalon Palm Springs
Caliente Tropics
Colony Palms
Greater Palm Springs CVB
Hard Rock Hotel
Hyatt Palm Springs
L' Horizon Resort & Spa
Lulu's California Bistro
Marquis Villas
McCormick Car Auctions
PS Convention Center
Palm Mountain Resort & Spa
Parker Palm Springs
Renaissance Palm Springs
Riviera Palm Springs
Saguaro Palm Springs
Spencer's
The V Palm Springs
_N.. 107-1..
CHAIRMAN OF
THE BOARD
Tim Ellis
VICE CHAIRMAN
Robert Hunt
SECRETARY
Vincent Bucci
TREASURER
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Cindy Berardi
From:
Matt Robinson <guyinpalmsprings@gmail.com>
Sent:
Wednesday, October 05, 2016 4:11 PM
To:
Geoff Kors; Robert Moon; CityClerk
Subject:
Pedicabs
Geoff I hope you consider restricting pedicabs moving at 8 MPG to streets with speed limits of 35 MPH or less.
This is both the State and City standard for street legal golf carts.
I would love to see Palm Canyon Drive speed limit on all non Caltrans road to 35 MPG, Vista Chino to Gene
Autry. But until then, we have sections with 50 MPG.
1 -km 3.4.
"N + GREATER
palm springs
convention & visifors bureau
June 8, 2015
The Honorable Dr. Richard Pan
California State Senate
State Capitol, Room 4070
Sacramento, CA 95814
Re: Support for Senate BIII 530 "Pedal Powered Quadricycles"
Dear Senator Pan, M.D:
On behalf of the Greater Palm Springs Convention & Visitors Bureau, I am writing to express my
support of Senate Bill 530 (Pan).
Pedal -powered quadricycles currently operate in multiple municipalities in California such as
Sacramento, San Diego and here in Greater Palm Springs. This is a relatively new activity in our
state, although they have been operating in several other states across the country for the better
part of a decade.
Tourism is the number one industry in Greater Palm Springs, generating over $5.8 billion in business
sales for our economy, attracting over 12.2 million visitors each year, and supporting more than
46,800 jobs locally. It is essential to the tourism industry that we continue to provide new and
innovative forms of outdoor recreation, such as bike tours and pedal -powered quadricycles, to
keep our visitors coming back year after year.
The bike bus tours business model helps support our local economy and small business by providing
information and access to many of our cities historic and leisure attractions, promoting the city as
a travel destination and keeping revenue in our community. This supports jobs and the city's goal
of vibrant downtown neighborhoods. SB 530 is perfect for California as it showcases our
community and provides a physical link between neighborhoods and businesses.
SB 530 would create specifications for pedal powered quadricycles that would serve as minimum
requirement for operation in California. SB 530 would also place California on the forefront of
business innovation, facilitate small business growth, and ensure that all public safety concerns
are addressed.
I support businesses with a stake in our community and your direct efforts of helping them and
other small businesses to contribute to a thriving California is appreciated.
Sincerely,
IN�JfVA
w
Scott White
President/CEO
t o/D5-/ZO l
.3 A
ISU Insurance Services
of Westlake
Independently Owned 8 Operated
Offices coast to coast
Our Xnoefedge a Your Best Insurance
October 21th, 2015
Palm Springs City Council Members
City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Support for SB 530 Local Authorization
Dear Palm Springs City Council Members:
Our insurance brokerage presently insures hundreds of pedal powered bicycles
throughout the U.S., usually seating as many as 15 persons, driven by the owner or
an employee, providing 2 hour tours of city areas, often times visiting specific
taverns or bars. We require that these bikes are NOT driven by "independent 3rd
party contractors." Operators must provide through instructions to riders before
the tour, and inspect all bikes after every tour. Great care must be taken to remove
any guests who are intoxicated. We insure hundreds of these bikes in more than 23
states. I have provided this insurance for these particular bike tour operations for
over 9 years, and have not had ANY claims that have resulted in known settlements.
We also insure 3 manufacturers of these bikes, thus we are quite knowledgeable
about them.
Our insurance application requires extremely high standards for loss prevention on
this particular business. We address the alcohol issue with several questions
regarding training of employees, the "lecture" given to all guests before the ride,
agreement and waiver signed by guests, removing guests who have become
intoxicated, etc. Our insureds are vigorous as regards to alcohol, thus we have not
had any claims relative to this. Where cities and states permit guests to bring
alcohol on board, some of our operators have embraced this opportunity, though
they do not furnish or serve alcohol, and their insurance coverage remains intact.
The recently signed California SB 530 has created specifications for 15 passenger
pedal powered vehicles to operate legally, but also safely on the streets. This bill
not only passed the Senate and Assembly, unanimously, but Governor Brown's office
identified SB 530 as "the most fun bill of 2015!"
29BS E. HBlaest Orwe, Swte 201 Teieprxme so5.4o9.288o www.IsuWesdake aim
OOl
Westlake Village, CA 91362 Toe Free 800.821.9161 LotsOmuWestlake. Rep
Fax 805.409.2881 Lweasa Y 0G00609
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These 15 passenger bike tour businesses help support our local economy and small
business by providing information and access to many of our City's historic and
leisure attractions, promoting the City as a travel destination and keeping revenue
in our community. This supports jobs and the City's goal of a vibrant downtown and
surrounding neighborhoods. This will showcase your community and provide a
physical link between neighborhoods and businesses.
This new law has created specifications for operations and requires standards for
safe alcohol consumption on board. This could place Palm Springs on the forefront
of business innovation, facilitate small business growth and address public safety
concerns.
I support businesses with a stake in our communities, and your direct efforts of
helping them and other small businesses to contribute to a thriving Palm Springs is
greatly appreciated.
Sincerely,
"�
Lora Van Dixhorn
President
ISU Insurance Services of Westlake
PedalPub, LLC
5115 Excelsior Blvd, #457
St.Louis Park, MN 55416-2906
October 21, 2015
Palm Springs City Council Members
Palm Springs, CA
Re: Support for California SB 530
Dear Palm Springs City Council Members:
I am writing representing PedalPub, LLC (distributor of party bikes), PedalPub-Twin Cities
LLC, PedalPub-St Petersburg LLC, and PedalPub-Rochester LLC (retail operators of party
bikes) to support the recently signed California SB 530. This law has created specifications for
15 passenger pedal powered vehicles to operate legally and safely on the streets.
As retailer operators of these bikes in three markets, we know how much our bike tour
businesses increase economic activity our markets, helping small businesses thrive and providing
an interesting way to tour the town.
As distributors of these bikes across the U.S., we can attest to the value of having these bikes in
many markets, supporting increased job growth and the vitality of the areas in which they
operate.
We understand the new law has created specifications for operations as well as safe alcohol
consumption on board. We have found that, in markets that allow patrons to bring on their own
alcoholic beverages, there was a marked increase in the number of tours requested and
completed. Our experience with allowing this option has been quite positive.
We support allowing the option of businesses such as ours to allow the same option to its
customers.
Sincerely,
Al Boyce, Managing Partner
PedalPub, LLC
Minneapolis, MN
Office: 962-938-0034 http:llwww.PodaiPub.com