eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Palmetto Bay
 Code of Ordinances
 Chapter 20. PARKS AND RECREATION
 Article III. SIDEWALK CAFÉS

  § 20-107. Liability and insurance.  

Latest version.

  • (a)

    Prior to the issuance of a permit, the applicant shall provide the village with certified copies of all insurance policies providing coverage as required.

    (b)

    Prior to the issuance of a permit, the applicant shall furnish the village with a signed statement from an authorized officer, or legal representative, of the restaurant that the permittee shall hold harmless the village, its officers and employees and shall indemnify the village, its officers and employees for any claims for damages to property or injury to persons arising out of or in any way contributed by the use, maintenance or operations of the sidewalk café. Proof of worker's compensation coverage shall also be provided.

    (c)

    The applicant shall furnish and maintain such public liability, food products liability and property damage insurance from all claims and damage to property of bodily injury, including death, which may arise from the use, maintenance or operations of the sidewalk café area. Coverage shall specifically include policies of not less than $1,000,000.00 for bodily injury, and property damage respectively per occurrence. Such insurance shall name as additional insured, the village, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the sidewalk café permit period without 30 days' written notice to the village. Such insurance will be primary to any insurance or self-insurance whether collectible or not which may be available to the village, its officers or employees.

    (d)

    For restaurants with sidewalk cafés that serve alcoholic beverages, liquor liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury and property damage is required. The applicant shall furnish and maintain such public liability, liquor products liability, and property damage insurance from all claims and damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Coverage shall not be less than $1,000,000.00 for bodily injury, and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as additional insured, the village, its officers and employees, and shall further provide that that policy shall not terminate or be canceled prior to the completion of the sidewalk café permit period without 30 days' written notice to the village. Such insurance will be primary to any insurance or self-insurance whether collectible or not which may be available to the village, its officers or employees.

    (e)

    An endorsement must be issued as part of the policy reflecting compliance with these requirements.

    (f)

    All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least 30 calendar days' written notice has been given to the village by certified mail.

    (g)

    The required insurance coverage shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida with the following minimum qualifications in accordance with the latest edition of "A.M. Best's Insurance Guide: Financial Stability: B+ to A+."

(Ord. No. 04-25, § 1(.07), 12-6-2004)