A. Upon receipt of a complete berth license application, the director shall determine if a berth of appropriate dimensions to accommodate the vessel is available and if the applicant qualifies for a berth license.
1. If an appropriate berth is available and if the applicant qualifies for a berth license, the director shall issue a berth license to the applicant upon receipt of the applicable berth license fee, proof of insurance, and a signed license agreement. The license agreement shall be signed by the licensee and the director.
2. If the applicant qualifies for a berth license, but there is no appropriate berth available, the director shall place the applicant at the bottom of the waiting list. As berths become available, the director shall issue licenses to applicants on the waiting list in order of their priority.
B. An applicant shall qualify for a berth license if the director finds, based on the information provided in the complete application, the following:
1. The applicant is either (i) a natural person and the registered or documented owner of the vessel, or (ii) in the event the registered or documented owner of the vessel is a partnership (general or limited), corporation, limited liability company, joint venture or other legal entity, that the applicant is a natural person whose interest in the vessel (whether by virtue of an interest in the partnership, ownership of stock of a corporation or otherwise) is equal to or greater than that of each of the other partners, stockholders, members or associates; and
2. The vessel is seaworthy and of appropriate size to operate in the Sacramento marina; and
3. The applicant is credit worthy.
C. During the term of a berth license issued pursuant to this chapter, the licensee or owner(s) of a vessel authorized by a license to berth in the Sacramento marina shall maintain in full force and effect at no cost to the city a protection and indemnity insurance policy:
1. In an amount established by the city manager; and
2. Issued by an admitted insurer or insurers as defined by the California Insurance Code; and
3. Providing that the city, its officers, employees and agents are to be named as additional insured under the policy; and
4. Stipulating that the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder; and
5. Providing that no cancellation, change in coverage or expiration by the insurance company or the insured shall occur during the term of the berth license, without thirty (30) days written notice to the director prior to the effective date of such cancellation or change in coverage.
Within thirty (30) days of the effective date of the ordinance codified in this chapter, the director shall provide written notice of the requirements of this subsection C of this section to every person who is a licensee on the effective date of said ordinance. A person who is a licensee on the effective date of said ordinance shall have ninety (90) days from the effective date of said ordinance to comply with the requirements of subsection C of this section.
D. The licensee and owner(s) of a vessel authorized by a license to berth in the Sacramento marina shall assume the defense of, and indemnify and hold harmless, the city, its officers, employees and agents from and against all actions, losses, damages, liability, costs and expenses of every type and description, including, but not limited to, attorney fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the licensee or owner or the licensee's or owner's agents, officers or employees, directly or indirectly arising from the berthing of the vessel in the Sacramento marina. The foregoing is not intended to and shall not be construed to limit any responsibility or liability that the licensee or owner(s) may be subjected to under other laws.
E. Berth licenses are nontransferable. No person shall gift, sell, assign, or transfer, whether voluntarily or involuntarily, a berth license, and any attempt to do so shall not be recognized or honored by the city; provided, however, the director may establish regulations authorizing the temporary use of berths. Notwithstanding any other provision of this subsection to the contrary, prior to June 1, 2008, those persons who were licensees on March 1, 2005, shall be permitted to transfer a berth license with the sale of the vessel that was subject to the berth license agreement on November 16, 2006, the effective date of Ordinance No. 2006-059. (Ord. 2006-059 § 1)