(A) As a condition of issuing a permit for a major event, the applicant shall furnish evidence of commercial general liability insurance, issued by a company and upon forms acceptable to the Town Manager, with minimum limits of liability of $2,000,000 per occurrence and $2,000,000 annual aggregate. If any vehicles are used in connection with permit, applicant shall also provide vehicle liability insurance with limits of liability of $1,000,000 per occurrence. If any alcoholic beverages are served, applicant must secure and maintain liquor liability insurance with minimum liability limits of $2,000,000 per occurrence and $2,000,000 annual aggregate. The town and the issuing agency, if other than the town, shall be named as additional insureds on all policies and all policies shall be designated as primary. The applicant shall also provide workers’ compensation insurance, as applicable, in no less than the statutory minimum amount. All insurance shall be in effect for the entire period of the event, and any necessary preparation or close down period.
(B) If food or beverages are to be served or dispensed at the event, product liability coverage must be included in the coverage afforded by the general commercial insurance required by this section.
(C) The Town Manager may increase or decrease the amount of insurance required by this section as a condition of the permit when in the Town Manager’s professional judgment it is necessary because of the size, type and character of the proposed event. Certificates of insurance, evidencing compliance with the requirements of this section, must be filed with the Town Manager no less than 15 days prior to event for which the permit is issued. These certificates shall be subject to the approval of the Town Manager, the Town Attorney and the issuing agency, if other than the town. Failure to comply with this division (C) constitutes grounds for revocation of the permit. The permit shall be revoked if, at any time, the Town Manager has reasonable grounds to believe that a permittee is not in compliance with this section.
(D) The insurance requirements of this section shall not apply to weddings where no food or beverages are to be served, unless the Town Manager, after consulting with the Town Attorney, determines that the number of persons attending, the nature of the ceremony, or the use of specific property, things or devices constitutes a major event.
(E) Should any of the insurance required by this section be written on a claims-made basis, the reporting period for such claims shall extend to two years following the expiration of the policy.
(F) The issuance of a permit under this chapter is conditioned on the applicant agreeing, in writing, in a form satisfactory to the Town Manager, to the maximum extent permitted by law, to indemnify, hold harmless and defend the town, its public officials, volunteers and assigns, and any of its departments, agencies, officers or employees from any and all damages, claims, demands or judgments arising out of the event for which the permit is to be issued.
(G) Any indemnification and insurance requirement contained in this section, § 153.03(B) and any general provision developed by the Town Manager may be modified, eliminated, decreased, increased or added to if after consultation with, and with the concurrence of the Town Attorney, it is deemed to be necessary to protect or is deemed to be in the best interest of the town.
(Ord. 02-2002, passed 8-8-2002)