To the fullest extent permitted by law, the city shall not assume any liability whatsoever with respect to having issued a retail cannabis business permit pursuant to this chapter or otherwise approving the operation of any cannabis retailer. As a condition to the approval of any retail cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive a retail cannabis business permit:
(A) Execution of an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the city, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities, or losses which arise out of, or which are in any way related to, the city’s issuance of the retail cannabis business permit, the city’s decision to approve the operation of the cannabis retailer or activity, the process used by the city in making its decision, or the alleged violation of any federal, state, or local laws by the cannabis retailer or any of its officers, employees, or agents.
(B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Attorney.
(C) Defend and indemnify the city for all costs and expenses, including but not limited to attorneys’ fees and court costs, that the city may be required to pay as a result of any legal challenge related to the city’s approval of the applicant’s retail cannabis business permit or related to the city’s approval of a cannabis retail sales. The city, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall neither relieve nor increase any of the obligations imposed on the applicant hereunder.
(Ord. 1501, passed 4-5-23)