13.28.130 Insurance.
A. The applicant/sponsor of an activity which requires a facility permit pursuant to Section 13.28.050 must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the activity.
Such insurance shall name on the policy or by endorsement as additional insureds the city, its officers, employees and agents. Insurance coverage must be maintained for the duration of the activity.
B. Coverage shall be a comprehensive general liability insurance policy in an amount prescribed by city council resolution. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by Insurance Services Office (ISO) comprehensive general liability insurance coverage.
If food or nonalcoholic beverages will be sold or distributed at the activity the comprehensive general liability coverage must include products liability coverage. If alcoholic beverages will be sold or distributed at the activity, the policy must also include coverage for liquor liability.
C. A copy of the policy or certificate of insurance along with all necessary endorsements must be filed with the director no less than five days prior to the event, unless the director for good cause waives the filing deadline.
D. The insurance requirements of subsections A, B and C of this section shall be waived by the director for nonathletic events if the following conditions are satisfied;
1. The applicant or an officer of the sponsoring organization signs a verified statement that he believes the event’s purpose is First Amendment expression, and that he has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression, or that it has been impossible to obtain insurance coverage. The statement shall include the name of an insurance agent licensed to do business in California who has investigated the costs of such insurance, or state that the applicant/sponsor has reviewed the insurance premium for the required coverage under a city-held special events insurance policy.
2. The city may, at its discretion, determine to require the applicant/sponsor to apply for insurance coverage for the event under a policy selected by the city. The applicant/sponsor must provide any information pertinent to qualify for the insurance coverage. The premium for the insurance coverage will be paid by the city rather than the applicant/sponsor.
(Ord. 1586 NCS §2 (part), 1984.)