A special event authorization shall not be made unless:
A. The applicant has obtained adequate insurance, both in type and amount, as determined by the city's risk manager or designee, which determination shall be based upon the logistics, size and other factors associated with the conduct of the special event. The determination made by the city's risk manager or designee shall be reasonably calculated to protect the city from any liability which may be incurred by the city pursuant to its authorization of the special event.
B. The applicant obtains a waiver for insurance coverage, as provided below.
1. The requirement for insurance coverage shall be waived if the applicant presents a verified statement, certifying under penalty of perjury, with sufficient information to establish that:
a. First Amendment expression is the sole or primary purpose of the special event; there will be no fee or donation charged or requested as a condition of admission; the special event will not involve the use of equipment, other than sound equipment; the special event will not involve the sale of alcohol;
b. The applicant or officer of the sponsoring organization has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression; and
c. The applicant has been unable to obtain insurance coverage that is within the applicant’s budget, including the name and address of at least two insurance agents or other sources contacted to determine insurance premium rates and suitable insurance through the City of Visalia is unavailable to the applicant.
C. The applicant provides a signed indemnification agreement to reimburse the city for any costs that the city incurs in connection with the special event proximately caused by the actions of the applicant, its officers, employees, or agents, or any person who was, under the applicant's control insofar as permitted by law. Applicants that obtain a waiver for insurance coverage will not be required to submit the indemnification form.
D. The applicant agrees to cooperate with the city to respond to risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the special event. (Ord. 2023-12 § 2 (part), 2023: Ord. 2018-05 § 2 (part), 2018)