(a) Each applicant shall furnish proof of insurance evidencing commercial general liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) in the aggregate combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for thirty days prior written notice to be given to the Community Development Director if coverage is substantially changed, canceled or non-renewed.
(b) The City shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operations of an outdoor parklet or sidewalk café; and the licensee shall indemnify, defend and hold the City harmless from and against any and all losses, costs, damages or expenses to persons or property including property of the City, arising out of or claimed to have arisen out of such use. Furthermore, all users shall defend, at no cost to the City, any such claims or suits, provided that the City may, at its sole option, join in the defense of such claim or suit without relieving the user from any of its promises or obligations under this section.
(c) If alcoholic beverages will be served at a parklet or sidewalk café, the applicant shall provide proof of dram shop insurance as required by Section 806.08 of these codified ordinances.
(d) Each permittee shall maintain the insurance coverage required under this section for the duration of the permit. The proof of insurance shall be presented to the City Manager prior to the issuance of any license under this chapter. Failure of the permittee to maintain the required insurance for the duration of the license shall result in the immediate revocation of said license.
(e) A separate policy of insurance shall not be required under this section if the general policy of insurance provided to satisfy the requirements of Chapter 806 or Section 1026.17 of these Codified Ordinances specifically addresses the requirements of this section. If the permittee has both a sidewalk café and parklet permit for the same licensed location, separate policies shall not be required for each permit, but the certificate provided shall provide coverage for all areas for which any permits are issued.
(Ord. 2017-48. Passed 6-19-17; Ord. 2018-13. Passed 3-5-18; Ord. 2019-17. Passed 4-1-19.)