§ 360.90. Insurance required when licensee hires off-duty city employees.  


Latest version.
  • (a) No person having an "on sale" license issued pursuant to Chapter 362, 363 or 366 shall hire an off-duty city police officer to work at the licensed premises unless such person shall have filed with the licensing official:

    (1)

    A notarized agreement that in consideration of the granting of such a license, the licensee will hold the city harmless and assume the defense of the city against any claim or lawsuit against it, by reason of the licensee's employee also being an off-duty city police officer;

    (2)

    An insurance policy, or certificate of insurance thereof, written by a company authorized to do business in the State of Minnesota insuring the licensee, his or her officers, employees and agents against public liability or damages in the sum of three hundred thousand dollars ($300,000.00) for each accident or occurrence for injury or death, and five thousand dollars ($5,000.00) property damage, or may substitute a combined single limit of liability of three hundred thousand dollars ($300,000.00) for injury, death or property damage; and

    (3)

    An insurance policy with worker's compensation coverage, fully covering such off-duty city police officer during periods of employment by the licensee.

    The city and all off-duty city police officers employed by the licensee to work at the licensed premises shall be included as additional assureds in such public liability policy. No such policy shall contain a provision excluding from coverage the willful torts of any such off-duty city police officer, including but not limited to assault, false arrest, false imprisonment and malicious prosecution. Every such public liability policy and worker's compensation policy shall contain a provision that no cancellation thereof shall become effective without thirty (30) days' prior notice in writing to the department of licenses and consumer services.

    (b)

    An insurance company which refuses to defend the city or its off-duty police officer under a public liability insurance policy purporting to provide the coverage as required by this section may be deemed an unacceptable insurer by the city council.

    (c)

    Violation of this section may be grounds for suspension or revocation of said license. (77-Or-113, § 1, 5-27-77; 78-Or-080, § 1, 5-12-78; Pet. No. 251179, § 3, 12-29-89; 2013-Or-218, § 3, 12-6-13)