§ 15:335. Liability and insurance.

(a)

There shall be no liability on the city-parish or upon any of its officers, agents or employees of the city or parish for any damage sustained by the permit holder from any cause whatsoever.

(b)

Prior to the issuance of a permit, the applicant shall furnish the director of the department of development with a signed statement that the permit holder shall hold harmless the city-parish, and the officers, agents and employees of same and shall defend and indemnify the city-parish, and the officers, agents and employees of same for any claims, including claims brought through or under the applicant by way of subrogation, for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.

(c)

Each permit holder shall, at his/her own expense, maintain in full force and effect an insurance policy or policies underwritten by a carrier rated by Best's as A or better and they must be licensed to do business in the state. Such insurance coverage shall afford liability coverage for any and all claims against the permit holder, the adjacent property owner and the city and parish, and the employees or agents of the city and parish, arising out of or in any way connected or associated with the sidewalk café or any of its operations, including but not limited to premises, products, personal injuries, and injury to property with limits of no less than one million dollars ($1,000,000.00) for any one (1) occurrence and if a general aggregate limit is used, it shall not be less than twice the occurrence limit applying to bodily injuries, personal injuries and property damage or a combination of such injuries. Such policy or policies shall name the city and parish as additional insureds. Permit holders which serve alcoholic beverages will also be required to carry a policy of liquor liability insurance with limits of no less than one million dollars ($1,000,000.00) for any one (1) occurrence and if a general aggregate limit is used, it shall not be less than twice the occurrence limit. A copy of the certificate of insurance shall be on file with the department of development and maintained current at all times. Such policy or policies shall provide thirty (30) days' notice to the director of the department of development if the policy or policies should be canceled or materially changed. In the event that the required insurance coverage is cancelled, the permit shall be immediately suspended as of the date of such cancellation.

(Ord. No. 12006, § 1, 4-25-01; Ord. No. 12935, §§ 1—4, 4-28-04; Ord. No. 16361, § 1, 10-26-16)