(A) Liability coverage required. The applicant/permittee of a special event must possess or obtain general liability insurance to protect against loss from liability for damages on account of bodily injury and property damage arising from the special event. A certificate of insurance shall be filed with the City Administrator 45 days prior to the special event, and shall name the city, its officials, employees and agents, as additional named insured. A specimen copy of the policy shall be filed ten days prior to the special event. Insurance coverage must be maintained for the duration of the event.
(B) Minimum limits defined. Coverage shall be no less than $1,000,000 per occurrence for bodily injury and property damage.
(1) If food or nonalcoholic beverages are sold or served at the event, the policy must also include an endorsement for product liability. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability. The City Administrator may require additional endorsements depending upon the proposed activity.
(2) If alcoholic beverages are sold or served at the special event, an alcohol open container waiver is required by the City Council. An open container waiver may not be provided for a public street.
(C) Waiver or reduction of required limits. The City Administrator may waive or reduce the insurance requirements of this chapter under the following conditions.
(1) The applicant or an officer of the permittee organization signs a verified statement that he or she believes the special event’s purpose is First Amendment expression, that sales of goods or services are not a significant aspect of the special event, and that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression. The statement shall include the name and address of two insurance agents or other source of insurance coverage contacted to determine insurance premium rates for insurance coverage.
(2) The applicant or an officer of the permittee organization signs a verified statement that insurance coverage in the limits required is impossible to obtain for reasons other than excessive safety risk. The statement shall include the name and address of two insurance agents or other source of insurance coverage contacted.
(3) The City Administrator determines that the insurance limits are in excess of the reasonable risk presented by the proposed special event.
(4) In the event of division (C)(2) or (3) above occurring, the city may require lower reissued insurance coverage.
(Ord. 697, passed 7-10-2018) Penalty, see § 98.99