5513
. (a) Notwithstanding any other provision of this article, any
person owning, controlling, operating, renting, managing, furnishing,
or otherwise providing transportation by hot air balloon for hire
shall maintain in force at least one million dollars ($1,000,000) of
liability insurance for personal injury, wrongful death, and property
damage resulting from the operation of a balloon carrying up to 10
passengers, with additional liability coverage of one hundred
thousand dollars ($100,000) for each passenger for any balloon
carrying more than 10 passengers. A notice shall be provided to every
passenger that identifies both the insurer providing a policy of
liability insurance to the person providing that transportation and
the amount of insurance coverage provided by that policy.
(b) Any person owning, controlling, operating, renting, managing,
furnishing, or otherwise providing transportation by hot air balloon
for hire shall comply with any requirement of a city, county, or city
and county that the person obtain a business license as a condition
for operating in that city, county, or city and county. Whenever a
city, county, or city and county requires a business license, any
person owning, controlling, operating, renting, managing, furnishing,
or otherwise providing transportation by hot air balloon for hire
shall prominently display the license only within the city or county
of the person's primary place of business frequented by customers and
potential customers. Whenever a city, county, or city and county
requires a business license, the person shall provide to the city,
county, or city and county, a currently effective certificate of
insurance evidencing insurance coverage as required in subdivision
(a). A new certificate of insurance shall be provided to the city,
county, or city and county, at least annually or whenever there is a
material change in insurance coverage. A city, county, or city and
county shall give reasonable notice of this requirement with any
business license renewal notification. Every business license issued
by a city, county, or city and county to any person owning,
controlling, operating, renting, managing, furnishing, or otherwise
providing transportation by hot air balloon for hire and every
currently effective certificate of insurance evidencing insurance
coverage, shall be maintained as a public record. The city, county,
or city and county may charge a reasonable fee for purposes of
carrying out the provisions of this subdivision.
(c) Any person who violates subdivision (a) by failing to maintain
insurance in force as required by subdivision (a) is guilty of a
misdemeanor. Any person who violates subdivision (b) by failing to
obtain and maintain a current valid city, county, or city and county
business license issued by the local government jurisdiction where
the person's primary place of business is located, in accordance with
subdivision (b), is guilty of a misdemeanor.