§ 6-57. Insurance.

(a)

No license shall be issued for conducting an amusement enterprise until the applicant therefor has placed on file with the unified government clerk a certificate or certificates of insurance stating that there is in effect a public liability insurance policy naming the unified government, its officers, employees, representatives and agents as insureds covering any damages arising out of the operation of the carnival or amusement enterprise and the use of all devices and facilities operated in connection with such carnival or amusement enterprise.

(b)

Such certificate of insurance shall provide coverage for comprehensive general liability, including products/completed operations, contractual, independent contractors and personal injury extension endorsements, and comprehensive automobile liability, including all owned, nonowned, and hired vehicles. The minimum amount of insurance coverage is $1,000,000.00. This limit may be provided on either of the following bases:

(1)

Primary limit of $1,000,000.00 each occurrence, combined limit for bodily injury and property damage.

(2)

Primary limit as required by umbrella carrier on either a split or combined limit for bodily injury and property damage. An umbrella issued on a "following form" basis to provide additional limits to equal required minimum limit.

(c)

The unified government, as well as the sponsoring organization and the owner of the premises being used to accommodate the amusement enterprise, shall be included as named insured on the policy of insurance.

(d)

The licensee, upon receipt of notice of any claim in connection with licensee, shall promptly notify the unified government with full details thereof, including an estimate of the amount of loss or liability. The licensee shall promptly notify the unified government of any impairment or reduction of primary or umbrella coverage in excess of $10,000.00, whether or not such impairment of liability came about in connection with the license.

(e)

In the event, after notice of loss, the unified government shall determine that the permittee's aggregate umbrella or primary coverage shall have been impaired or reduced to such an extent that the unified government shall determine such limits inadequate, the permittee shall, upon notice from the unified government, promptly reinstate the original limits of liability required hereunder and shall furnish evidence thereof to the unified government in a form satisfactory to the unified government.

(f)

The unified government will only accept coverage from an insurance carrier who offers proof that it:

(1)

Is licensed to do business in the state;

(2)

Carries a Best's policy holder rating of B+ or better; and

(3)

Carries at least a class VIII financial rating; or

(4)

Is a company mutually agreed upon by the unified government and the licensee.

(Code 1964, § 30-5(c); Code 1988, § 6-34; Ord. No. 44793, § 1, 2-23-1965; Ord. No. 50845, §§ 1, 2, 6-27-1972; Ord. No. 56279, § 1, 5-12-1977; Ord. No. 64653, § 1, 6-7-1984; Ord. No. 64988, § 1, 4-17-1986)