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HomeMy WebLinkAboutcoa.lu.tu.465 N Mill St.A99-962737-073-00-008 A99-96 Tattoo Parlour Tempoary Use P rmit �;)�/ �L mvd Z. U Aspen/Pitldn Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit() Ai3855-AA) Fl t F a ee -63860-043 HPC -63885-268 Public Right -of -Way _ -63875-046 Zoning & Sign Permit -MR01 I Use Tax 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065-482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee-- -63820-037 'Zoning _ -63825-038 Board of Adjustment _ Referral Fees: 00113-63810-035 00115-63340-163 62023-63340-190 00125-63340-205 00113-63815-036 00113-63812-212 Sales: 00113-63830-039 -69000-145 County Engineer City Engineer Housing Environmental Health County Clerk Wildlife Officer County Code Copy Fees Other Name:,1 LI Y" win Address: ' Total Date: r Check: Project: ( Y 1 P"') )n ( 1--re, r' r' )111 + Case Nb: /11�1 - Phone: h y �� " a 55 No. of Copies , �-7 073-Oo -Dy8 CASELOf SUMMARY SHEET - CITY OF A*N DATE RECEIVED: 12/19/96 CASE # A99-96 DATE COMPLETE: STAFF: Am.n PARCEL ID # 2737-073-00-048 L PROJECT NAME: Tattoo Parlour Temporary Use Permit Project Address: 465 N. Mill Street APPLICANT: Ben Wallenborn & Paul Lambdin Address/Phone: 615 Vine Aspen, CO 81611 544-3635 REPRESENTATIVE: Dennis B. Green Address/Phone: 117 S. Spring St., Suite 1 Aspen, CO 81611 925-1885 RESPONSIBLE PARTY: Other Other Name/Address: Jjc){ FEES DUE FEES RECEIVED PLANNING $450 PLANNING $350 # APPS RECEIVED 1 ENGINEER $0 ENGINEER $ # PLATS RECEIVED HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $0 CLERK $ TYPE OF APPLICATION TOTAL $450 TOTAL RCVD $350 One Step REFERRALS: K] City Attorney ❑ City Engineer ❑ Zoning ❑ Housing K Environmental Health ❑ Parks DATE REFERRED: +aJC1 ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: 17 INITIALS: _ APPROVAL: Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: Date: Date: Book Page Memorandum To: Mayor and City Council Thru: Amy Margerum, City Manager Thrtt: Stan Clauson, Community Development Director From: Mary Lackner, Acting Deputy Director Re: 'attoo Parlor Temporary Use P�r:nit Date: January 13,1997 Summary: The applicant is seeking to open a tattoo parior in the lower level of ill 465 N. MStreet for a six month period as permitted under the temporary use oe_rmit regulations. A copy of the applicant's request is included as Exhibit A. Staff is recommending approval of the temporary use permit request with conditions. Applicant: Ben Wailenborn and Paul Lambdi:^, represented by Dennis Green. Location: The applicant has a lease for an approximately ; 60 sq.ft. space in the lower level of the 465 N. Mill Street building. The tattoo parlor is proposed to be located adjacent to the Aspen Times press room and Downtown Detail. Zoning: T'ne parcel is zoned Service,lCommercial/Industrial (S/C/I). Code Criteria: The requirements for Temporary Use permits are set forth in chapter 26.97 of the Aspen Municipal Code. The following criteria must be considered for the review of the tattoo parlor: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Response: The applicant is proposing to be located in a 760 sq.ft. existing commercial space in the 465 N. Mill Street building and will place a sign on the exterior of the business that meets the requirements of the sign code. No information has been submitted illustrating the interior configuration of the tattoo parlor, however staff does not believe this is necessary for the review. The applicant briefly describes the operating characteristics of the tattoo parlor in the am)iication. Thev are expecting a maximum of eight customers a day, due to the time required to make tattoos. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Response: The lower level of 465 N. Mill Street contains a mix of commercial, office, and industrial uses. The existing uses include Barking Beauties Pet Grooming, Downtown Detail, Anderson Kein Architects, Wright Telephone Systems, photo processing shop, Rare Exchange consignments, and Design Studio furniture design. The Planning Office is aware of several illegal retail uses in this building and is currently looking at the SCI and NC zone districts for revisions. There has been a Tend over the past several years that some retail uses are seeking space in the SCI zone district because or the lower -ents, and traditional SCI uses are being disniaced down valley. This is a long -ange planning project that will recommend changes to the SCI and NC zone districts and is anticipated to come before the public, Planning Commission and Council during 1997. The proposed tattoo parlor may be appropriate in this location for a temporary six month period while these zone districts are being reevaluated. C. Imvacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood characteristics. Response: The application represents the operation of the tattoo parlor to have no impact on traffic, municipal services, noise, or neighborhood characteristics. Based on the representations or the applicant, a maximum of eight customers can be accommodated per day. Staff believes this level of customer visitation is consistent with the uses of this neighborhood on a temporary basis. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Response: The applicant is seeking the maximum time limit for this temporary use which is six months. This is the first request for a temporary use permit for this property. This is also the first request for a tattoo parlor to be considered a temporary use in any zone district. E. The purposes and intent of the zone district in which the temporary use is proposed. 2 Response: The purpose of the SO zone district follows: Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) _one district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer traffic volumes, and to permit customary accessory uses, including residential dwelling units. As discussed in this review, staff is reevaluating the permitted and conditional uses of this zone district. Therefore, permitting this use on a temporary basis is acceptable by staff. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Response: As discussed in item 3., there are several illegal retail uses that are currently in operation on this parcel. The Planning Office is reviewing the SCI zone district to determine what revisions are appropriate in this district to ensure compatibility of uses with the intent and purpose or the underiving zone district. Staff can suvvort 4. this temporary use pe_-.nit as it is only permitting the use for a six month period. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Response: There will be a washroom in the business that will be available for clients. The applicant is also prohibiting clients from drinking alcohoiic beverages while on the premises. The application has been rererred to the Environmental Health Devartment, however no comments were submitted in time for inclusion in this memo. Staff will present their comments at the meeting. Recommendation: Staff is recommending approval or this temporary use permit request for a tattoo parlor for six months subject to the following conditions: The hours of operation shall be limited to 7:00 am -10:00 pm. Z. The temporary use is valid from January 14,1997 to July 14,1997. 3. A waste disposal plan shall be reviewed and approved by Environmental Health Department. �. All material representations made in the application and in the hearing by the applicant and the applicant's representative shall be considered conditions of approval, unless amended by other conditions. Recommended Motion "I move to approve the request for a Temporary Use Permit for a Tattoo Parlor to be located in the lower level of the building located at 465 N. Mill Street for a period of six months, subject to the conditions set forth in the Planning Office memorandum dated January 13, 1997." Resolution Exhibit A a DENNIS B. GREEN Attorney at Law TELEPHONE 970-925-1885 117 SOUTH SPRING ST., SUITE 1 TELECOPIER 970-925-8967 ASPEN. COLORADO 81611 December 19, 1996 Aspen City Council 130 S. Galena Aspen, CO 81611 Re: Land Use Application, Temporary Use, Tattoo Parlour To the City Council: On behalf of my clients, Ben Wallenborn and Paul Lambdin, application is hereby made for temporary use, pursuant to Chapter 26.96 of the City's Land Use Regulations, for a tattoo parlour as follows: 1. BASIC INFORMATION 1. Applicants: Ben Wallenborn and Paul Lambdin, 615 Vine, Aspen, Colorado, 81611, 544- 3635. 2. Location: 465 N. Mill, No. 9, Aspen, Colorado, 81611. 3. Zoning: Service/Commercia/Industrial. 4. Ownership: Premises leased by applicants. Evidence of ownership by landlord attached. 5. Vicinity Map: Attached. 6. Sketch Plan of the building showing location of the unit, vehicle and pedestrian access: Attached II. DESCRIPTION OF PROPOSAL The proposal is for a temporary use of the premises for a tattoo parlour. A more detailed description is included in the letter from Ben Wallenborn dated December 12, 1996, which is attached. The Applicants contend that the proposal is consistent with the standards set for temporary uses under Section 26.96.030 of the City's Regulations for the following reasons. The use will be low traffic impact because the Applicants work involves seeing an average of only approximately 5-6 customers per day. Due the time required to do the tattoos, a maximum of eight customers per 1 day is possible. Most of the customers are anticipated to be locals, many of whom are repeat customers, instead of tourists. The proposal calls for no new construction of space, and thus will have no impact on density or other land use considerations. Only a small sign will be needed for the establishment, and there will be no significant visual impacts from the use. No noise impacts will be involved. The Applicants have, in the past, obtained licenses for their activities. However, the State of Colorado has no licensing requirements. However, the Applicants intend to have sanitary facilities, including a washroom, available. Also, they are willing to abide by reasonable conditions regarding hours of operations, health inspections, and similar requirements if the Council deems same appropriate. Applicants are requesting a temporary use for six months, as provided in the Regulations. The use is compatible with uses in the immediate vicinity, which include retail establishments. A print shop, and a laundromat. There are minimal residential uses in the vicinity and the proposed use will be no more impactful to such uses than other uses allowed in the zoning district. The use proposed is therefore compatible with the purpose and intent of the SCI District. Enclosures Sincerely, E 12/16.96 16:27 FAS 970906; 0 Q 01 December 12, 1996 To the members of the P+Z Commission, I am seeking support in getting my tattoo shop zoned in the SCI zone which is coned for "Artist Studio". These have been some questions as to whether a tattoo shop can be considered an artists studio, so 1 would like to state a few reasons that I believe will clarify this. The definition of "Artists Studio" is an artists workshop. The definition of"Artist" is someone who practices art with knowledge of specific skills needed in producing or expressing aesthetically pleasing objects such as painting or sculpture. So I guess the question than would be whether T am an artist or not and if a tattoo could be considered aesthetically pleasing. I think that the question of tattoo as art is pretty much an individual opinion . Not only do T believe it is an art but it is one of the oldest known arts in the world. The ice man they found in the Alps a few years ago was the oldest person they have found with skin intact and on that skin was found tattoos. There are also several tattoo magazines published monthly that bear the word "ART' in their titles. There is no question in my mind that it is an art form. As for the question of whether T am an artist or not T can give you a brief background of myself and let you decide. As an elementary student in Colorado Springs T had pieces displayed in museums every year and a couple even went to museums in Denver. I continued to study art all through high school and had stuff displayed in many shows. I won a monetary award for best art student in the Larimer county school district to help with college. I went to Memphis College of Art on a scholarship in 1988 originally with a painting major, but switched to metals and printmaking before I graduated with a BFA in '93. T did an internship at the National Ornamental Metals Museum. About a year before I graduated I started tattooing, it was like learning another media. The same thinks apply as in painting and drawing such as line quality, knowledge of color, light sources, shading, etc. In tattooing I have done master copies of Van Gogh, Picasso, and Georgia O'Keefe. A lot of the work I do is custom one of a kind pieces that I draw myself. I understand that there are many misconceptions about tattooing and a lot of concerns about bringing this type of business into Aspen. I want to reassure you that this is not going to be a seedy biker hang out . I allow no drinking in my shop and as for questions about the amount of traffic produced. tattooing is a time consuming process that limits the number of people I can work on in a day. I also understand that the majority of people in Aspen or that visit are not into this and this is why I did not want to set up on the mall or anywhere directly downtown_ 1 am sure most people would agree that the place that we're looking at is the best place because it is out of the beaten path where only those looking for it would find it. Thank you for taking the time to read this, I hope this clean up any questions you might have had and why I believe I should be zoned for artist studio. If you do agree with me I would greatly appreciate any support you could give me. Maybe a letter of support to the City Council whom I have to meet with on Monday Dec 16. Sincerely yours, Ben Wallenborn • 0 t— El s AWL �'I�ilflt� A o I 2 '3 now 0 -�m 49,Avr r*4%,U*.L A--.ft Veh«IE 0 f 101 Di � CGRA 11A, FRIFUrl To: Mary Lackner, Planner From: Nancy MacKenzie, Environmental Health Officer Date: January 9, 1997 Re: Tattoo Parlour Temporary Use Permit Parcel ID# 2737-073-00-048 The Aspen/Pitkin Environmental Health Department has reviewed the application submitted by Ben Wallenborn and Paul Lambdin under authority of the Municipal Code of the City of Aspen, and has the following comments. Tattoo Parlors are not regulated by the local Health Department. They do come under Regulation 10. Cleaning and Sterilization of Needles, Instruments, Probes, and Devises Used by Acupuncturists, Tattoo Artists, and Persons Performing Ear or Other Percutaneous Piercing of the State of Colorado Rules and Regulations Pertaining to Epidemic and Communicable Disease Control. This regulation is promulgated pursuant to CRS 25-1-107 (1) (A) and 12-29.5-111 which state that the Department has the authority to investigate and control the causes of epidemic and communicable diseases and the Department shall promulgate rules relating to the proper cleaning and sterilization of needles used in the practice of acupuncture and the sanitation of acupuncture offices. Because bloodborne infections may be transmitted by any contaminated instrument which enters sterile tissue of a patient/client, this regulation is not restricted to acupuncturists. As long as the applicant is in compliance with Regulation 10, there are no concerns with this application. Attached is the full text of Regulation 10. 1 these procedures shall be constructed of a material which is easily dear ,ed and ing sanitized with a chemical germicide. capable of be Friar io and after each treaimeni or acupuncture anti each appiicaion Cit tattoo or ear/percutaneous piercing, the applicator shall wash his/her handci t a sink with bath hot and cold running water and with soap having bactericidal qualities. Equipment items shall be defined as any needle, instrument, probe, cue device utilized by acupuncturists, tattoo artists, or. persons performing ear/percutaneous piercing that punctures the skin or enters.sterile tissue of any patient/client- The use of sterile, single -use, disposable equipment items is encouraged. Equipment items which have been used to puncture the skin or enter slufiie tissue of a patient/client shall be considered infectious waste. Prior to disposal. such items must be placed in puncture -resistant containers. Such items �-1'rE'Old not be recapped, bent, broken, removed from disposable syringes, or otherwise manipulated by hand after use. Other solid waste, such as soiled Gnen, contaminated with blood or other body fluids must be placed in sealed, sturdy, impervious bags to prevent leakage of the contained items. All infectious wz,_.te must be disposed of in a manner consistent with CRS 25-15-401 et seq. and regulations of the Board of Health conceming infectious waste disposal. Equipment items must be leaned and sterilized before such items M��y t,a reused. Equipment items should first be thoroughly cleaned to remove adherent, organic material (e.g. blood and proteins). Persons involved in. cleaning and decontaminating instruments should wear. heavy-duty rubl?e,,f gloves to prevent hand injuries. Equipment items must then be sterilized by steam (autoclaving), gas (chemical vapor), or dry heat sterilization_ . Sterili.r:fs must be installed, maintained, and operated in conformance with the manufacturer's instructions and specifications. The adequacy of sterilizatican cycles must be verified by the periodic use of spore -testing devices, i.e. weekly for most practices, and the operator should keep records which demonstrate the frequency and results of such testing. liquid chemical germicides (commonly referred to as "cold sterilization" solutions), ultrasound, and ultraviolet light cabinets are not acceptable sterilization methods for metal cif heat -stable equipment items. Non -heat -stable equipment items which entei norr,,aliy sterile tissue should receive high level disinfection using chemical germicides that are registered with the U.S. Environmental Protection AQerlcy as .sterilants". The manufacturer's instructions for use of the germicide and the manufacturer's specifications for compatibility of the equipment item with germicides should be closely followed. Each office, clinic, business, or facility which utilizes equipment items shall 8 16:15 303-753-6$0y �Lun work in a food processing, milk producing, milk processing or food service setting in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or w 4✓• aw y VI,JVC�JW •V Vr Kid ensuring the absence from work of an employee with an food s er ervi di foodineasfor which there is evidence of transmission to persons ns in setting, as determined by trod processing, milk producing, or rnilk processing State Department of Health. Regulation 8. ReQQ in `Pa"' Amona Animals Every veterinarian. livestock owner, veterinary diagnostic Iabo men t�f director, or other person having the care of, or knowledge animals having or suspected of tthlavin any disease ise eewC ,r s � promptly may er the public health such as rabies, anthrax, P or the State rt the facts to the local health department or health agency Department of Health. Regulation 9. COD LL ntiatity All personal medical records and reports held by the state or local health department in compliance with theseregulations R� shall be onable a orntficiena al be m��io by information subject to C.R.S. 5 () facility the department to consult with the fattendingl y State orhysician olocal health h departments for the patient prior to any furthero p Y or health agencies. Regulation 10. Cleanincl and Sterilization of Needles. Instruments Probe*. and Qe�;cp$ Used i?Y Acuounctunsts Tattoo Artists and Perk rI performing Ear or Other Percutaneaus Pierc.na This regulation is promulgated pursuant to CRS 25-1-107(1)(A) and "t2-29.5- 111 which state that the Department has the authority to investigate and control the causes of epidemic and communicable diseases and that the Depar-tr lent shall promulgate rules relating to the proper cleaning and sterilization of needles used in the practice of acupuncture and the sanitation of acupuncture offices. Because bloodborne infections may be transmitted by any contaminated instrument which enters sterile tissue of a patient/client, this regulation is not restricted to acupuncturists. All parts of the premises bek at inpa clean, saniotaory, neat/ and orderly s piercing establishment shallP condition at all times. All tables, counters, and chairs used in connection with CDOH CPD L� be responsible for insuring that ail personnel who use, dean. Sterilize, stare, dispose, or otherwise handle equipment items are adequately gained and supervisetL All communicable diseases shall be reported by acupuncturists. tattoo artists, and persons performing ear/percutaneous piercing to the state or locz health department in accordance with Regulations 1 through 4 of these rules.. PAGE 06 1 December Z, 1996 To the City of Aspen: We, Ben Wallenborn and Paul Lambdin, hereby authorize Dennis B. Green, attorney at law, 117 S. Spring, Suite 1, Aspen, CO, 81611, 925-1885, to represent us with regard to an application for temporary use for a tattoo parlour to the City of Aspen. Ben Wallenborn 615 Vine Aspen, CO 81611 544-3635 zDo�---- Paul Lambdin 615 Vine Aspen, CO 81611 544-3635 12/2E.'1996 12:20 3033495489 DEC Lx '96 03-34PM ASPEN OLS HOLLISTER & CO., PC • P.2 209 DecemberLf,, 1996 To the City of Aspen: being the oww of the building located at 465 N Mill, Aspen, Coloredo, hereby authorize Ben Wallenborn and Paul Lambdin, to to submit and process an npplicxtion for temporary use for a tattoo parlour to the City of Aspen. This application is for Unit in said building, which Wnllenborn and Lambdin are leasing from M4 I t 5"t : ti(Q;7rZY4 cry Y to � o Ix o IW Pi 1 ✓per, A uC lilt, a5 i AbIWr�a Ln ¢ Q`Ics c V� P& / / C w Pod y rSiNer Oueen . ;._! .1 , .: i-? .. ;, .. .; oc: . _' ... . 1.zes [ i id jj ? 5� 9 a o . .=Ci ��yy3,L�aOE. 3pC 'R. V1N Vol j� ���} �� i� R ��, J ., Y � �~ui��=uSslq+t,W' fiu5sl.e�t•�v��SV�'+'�^, �`¢uSJt CA Oct � � � ��.► Lid 4 � ,�, � x �4 : V x �': i u5 x ' z g?r y. 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(Q l I ate V6,r --------------- 3o 7,9�� i Tr�up.OP� (f'a . �14 �,l A,3h s �a t.,�.. ,6rI- Q�)-7 As(35 a, rrK e. .t-iT�-�[--r-arm•,-...�-�-- .. -' 'vim.+-fc7.� jr I nn � 3 ocY� l LL �'^ A431l I ew C ���i Y 'i -- : ��-:� �� • .. ._a�.� ,_t� fir:... l ' fix! � �`1�/���/D/ , 7f,//(+n/�/. Lj J W/L/-�C�iJ�-� • /,r Z - 401110 -. • , - - Community Development Department - 130 S. Galena Street : Aspen. C010rado 81611 s ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Attorney Environmental Health FROM: Mary Lackner, Planner RE: Tattoo Parlour Temporary Use Permit Parcel ID No. 2737-073-00-048 DATE: December 30, 1996 Attached for your review and comments is an application submitted by Ben Wallenborn and paul Lambdin. Please return your comments to me no later than January 2, 1997. Thank you. ASPEN/PITIINN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 December 30, 1996 Dennis B. Green 117 S. Spring Street Suite Aspen, CO 81611 Re: Tattoo Parlour Temporary Use Permit Case A99-96 Dear Dennis, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for 1 st Reading before the Aspen City Council on Monday, January 13, 1997 at a meeting to begin at 5:00 p.m. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Mary Lackner, the planner assigned to your case, at 920- 5106. Sincerely, Rhonda Harris Administrative Assistant • 0 TELEPHONE 970-925-1885 November 20, 1996 DENNIS B. GREEN Attornev at Law 117 SOUTH SPRING ST.. SUITE 1 TELECOPIER 970-925-8967 ASPEN. COLORADO 81611 Aspen/Pitkin Community Development Department Stan Clauson, City Community Development Director 130 S. Galena Aspen, CO 81611 By facsimile to 920-5439, original following Re: Tattoo Parlour, Code Interpretation Dear Mr. Clauson: As you know, I represent Ben Wallenborn and Paul Lambdin with regard to their efforts to open a tattoo parlour at a site which is located in the City's Service/CommerciaVIndustrial Zone. The question which has been put to you is whether a tattoo parlour falls within the definition of an "artists studio", a permitted use within the SCI Zone. My clients and myself have previously met with you and you have indicated that it is your opinion that a tattoo parlour does not fall within the zoning designation for an "artists studio". The purpose of this letter is make a formal request that this interpretation be appealed to the City Council pursuant to Section 26.112.010(F) of the City's Code. It is our position that this matter is ripe for determination by the City Council as you have stated unequivocally your opinion as to the interpretation of the provisions involved. However, if you feel that it is appropriate to issue a written decision, we urge you to do so as quickly as possible. My discussions with John Worcester, the City Attorney, indicate that City Council could consider this matter on either December 9th or 16th. While the Code might allow for a somewhat longer time period, under the circumstances we would urge you to process this matter more expeditiously. As you recall, Mr. Worcester suggested other approaches to resolve this matter at our meeting on October 21, 1996, and it was not until November 18, 1996, that he informed me that those options had been rejected by your office. Considering the fact that my clients have been attempting to open their business for some time, it would seem only fair, and really in everyone's best interest, to get this matter before the City Council at the earliest possible date. If you have any questions or comments, let me know. Sincerely, cc: John Worcester l EXHIBIT 4 YI%it EXHIBIT 5� SUBLEASE THIS SUBLEASE 's ma a this � of O (I A—rt P� 19 � , between dd (,C/ , (the "Lessee") and , (the "Sublessee"). In consideration of the payment of rent and the performance of the promises by the Sublessee set forth below, the Lessee does hereby lease to the Sublesse: the following described p es situate in 714 k County, State of Colorado, the address of which is A G 5 Ci . I 1 �os.1 . Cry 8 l LeW D—Pbm TO HAVE ANIJ TO HOLD the same with all the appurtenances unto the said Su, 2� see from 12 Nclock nooivn the day of 19 —9fie , to 12 o clbck noon on the day of 19 , at and for a rental of $ 1, 2 9 5 l2P per month payable without notice and in advance, on the first day of each calendar month during the term of this sublease at the office of the Lessee at The Sublessee, in consideration of the leasing of the premises, agrees as follows: 1. To pay the rent for the premises above -described. 2. To keep the improvements upon the premises, including sewer connections, plumbing, wiring and glass in good repair, all at Sublessee's expense, and at the expiration of this sublease to surrender the premises in as good a condition as when the Sublessee entered the premises, loss by fire, inevitable accident, and ordinary wear excepted. To keep all sidewalks on and around the premises free and clear from ice and snow, and to keep the entire exterior premises free from all litter, dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situate. 3. To sublet no part of the premises, and not to assign the sublease or any interest therein without the written consent of the Lessee. 4. To use the premises only as 54-Q Ca- q9and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises are located, and for no improper or questionable purposes whatsoever, and to neither permit nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 5. To neither hold nor attempt to hold the Lessee liable for any injury or damage, either proximate or remote, occurring through or caused by the repairs, alterations, injury or accident to the premises, or adjacent premises, or other parts of the above premises not herein demised_ or by reason of the negligence or default of the owners or occupants thereof or any other person, nor to hold the Lessee liable for any injury or damage occasioned by defective electric wiring, or the breakage or stoppage of plumbing or sewerage upon said premises or upon adjacent premises, whether by breakage or stoppage results from freezing or otherwise: to neither permit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading, nor said premises to be used for any purpose which would render the insur- ance thereon void or the insurance risk more hazardous, nor make any alterations in or changes in, upon, or about said premises without first obtaining written consent of the Lessee therefor, but to permit the Lessee to place a "For Rent" card or sign upon the leased premises at any time after sixty (60) days before the end of this sublease. 6. To allow the Lessee to enter upon the premises at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSEE AND SUBLESSEE AS FOLLOWS: 7. All charges for water and water rents of said premises are to be paid by 0-Lessee ❑ Sublessee. All charges for heating of said premises are to be paid by Tv6ssee ❑ Sublessee. 8. This sublease is subject to411 of the terms and conditions of that primary lease for the premises executed by Lessee on the ?- '�- day of &6121/��r , 19 9-G- . Sublessee agrees to be bound by all terms and conditions of said lease, and agrees not to violate any of the terms and conditions thereof, or cause the terms and conditions thereof to be violated. 9. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. No. 1047. Rev. 4-". SUBLEASE C 1983 mE�._,� Bradford Pahshitl. 1743'Wazee St. D n cc CO 90202 — l3031292-2500 — 5-45 �/ 10. If, after the expiration of this sublease, the Sublessee shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession, then such tenancy shall be regarded as a month -to -month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid under this sublease, and subject to all the terms and conditions of this sublease. 11. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Lessee may, without being -obligated to do so, and without terminating this sublease, retake possession of the said premises and rent the same for such rent, and upon such conditions as the Lessee may think best, making such change and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and the Sublessee shall be liable for the balance of the rent herein reserved until the expiration of the term of this sublease. 12. The security deposit in the amount of $ —'— d shall be returned to the Sublessee, or written accounting made therefor, listing the exact reasons for the retention of any portion of the security deposit, within sixty (60) days after termination of this sublease, or surrender and acceptance of the premises. The Lessee shall make any written statement by mailing said statement to the last known address of the Sublessee. 13. It is agreed that if the Sublessee shall be in arrears in the payment of any installment of rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to be performed by the Sublessee, which default shall be uncorrected for a period of three (3) days after Lessee has given written notice thereof, Lessee may, at Lessee's option, without liability for trespass or for damages; enter into and upon said premises, or a portion there&, declare the terms of this sublease ended; repossess the said premises as of the Lessee's former estate; peacefully expel and remove the Sublessee, those claiming under said Sublessee, or any person or persons occupying the same and their effects; all without prejudice to any other remedies available to the Lessee for arrears of rent or breach of covenant. 14. In the event of any dispute arising under the terms of this Sublease, or in the event of non-payment of any sums arising under this sublease and in the event the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorney's fees from the other party. 15. In the event any payment required hereunder is not made within ten (10) days after the payment is due, a late charge in the amount of five percent (5%) of the payment will be paid by the Sublessee. 16. This sublease is made with the express understanding and agreement that, in the event the Sublessee becomes insolvent, or is declared a bankrupt, then in either event, the Lessee may declare this sublease ended, and all rights of the Sublessee hereunder shall terminate and cease. THIS SUBLEASE shall be binding on the parties, their personal representatives, successors and assigns. ADDITIONAL PROVISIONS HUSSEF ,M � tC�- Ve'i 4 c- Sg4-o8 II 147 .is described as "artificially" drawn i1 it is couched in apt and technical phrases and ea- bibits a scientific arrangement. 'ARTISAN. One skilled in some kind of me- chanical craft or art; a skilled mechanic. O'Clair v. Hale, 25 Misc. Rep. 31, 64 N. Y. Supp. 386 ; Amazon Irr. Co. v. Briesen, 1 San. App. 758, 41 Pac. 1116. As used in lien statutes, the term includes the architect, Kansas City Southern Ry. Co. v. Wallace, 38 Oki. 233, 132 P. WS, 9ll, 46 L. R. A. (N. S.) 112, but not a subcontractor, Huffman v. Mc- Donald (Tea. Civ. App.) 261 S. W. 146, 147. An optometrist is not an "artisan." Swanz v. Clark, 71 Mont. 385, 2290 P. 1108. ARTIST. Under the Immigration Law May 19, 1921, ¢ 2, subd. "d" (42 Stat. 5), "artist" refers to one skilled in trade or art. U. S. v. Commissioner of Immigration at Port of New York (C. a A.) 298 F. 449, 450. ARURA. An old English law term, signify- ing a day's work in plowing. ARVIL-SUPPER. A feast or entertainment made at a funeral in the north of England; anvil bread is bread delivered to the poor at funeral solemnities, and anvil, areal, or arfa4, the burial or funeral rites. Cowell. AS. Lat. In the Roman and civil law. A pound weight; and a coin originally weighing a pound, (called also "libra ;") divided into twelve parts, called "unit'." AS SOON AB PRACTICABLE ship between one of them and a third person. For instance, the temporary bailee of a chat- tel is entitled to it as between himself and a stranger, or as against a stranger; reference being made by this form of words to the rights of the bailor. Wharton. AS IS. A sale of goods by sample "as is" requires that the goods be of the kind and quality represented, even though they be in a damaged condition. Schwartz T. Kohn (Sup.) 155 N. Y. S. 547, 54& AS LONG AS. The phrase "as long as life doth last," in a will, is tantamount to "for- ever." In re Brown, 119 Kan. 402, 239 P. 747. AS OF COURSE. Under a statute providing that an attachment will be dissolved, "as of course," upon defendant's entering his appear- ance and filing his answer, the quoted words mean when asked by defendant. Pitman v. West, 198 Mo. App. 92, 199 S. W. 756, 757. AS PER. "As per" is a sort of law and busi- ness term which is hardly susceptible of liter- al translation, but which is commonly under- stood to mean, "in accordance with," or "in accordance with the terms of," or "as by the contract authorized." Continental Bank & Trust Co. v. Times Pub. Co., 142 La. 200, 76 So. 612, 617, L. R. A. 1918B, 632. "A crude phrase in commercial correspondence, avoided In good business style." Krapp, Comprehen- sive Guide to Good English, page 56. The parts were reckoned (as may be seen In the law, Sertn&m de h(Eredibus, InA. lib. zili. Pandect) as follows: unota, 1 ounce; aextans, 2 ounces; triens, 3 ounces ; quadrans, 4 ounces; quincunx, 6 ounces; semis, 6 ounces; eepttinx, 7 ounces; bes, 8 ounces; dodrans, 8 ounces; dextans, 10 ounces; deunx, 11 ounces. Any integral sum, subject to dicision in certain proportions. Frequently applied in the civil law to inheritances; the whole in- heritance being termed "as," and its several proportionate parts "sextana," "quadrans," etc. Burrill. The term "as," and the multiples of its unite, were also used to denote the rates of interest. 2 Bl. Comm. 462, note nL AS. Used as an adverb, etc., "as" means like, similar to, of the same kind, in the same man- ner, in the manner in which. Van Pelt T. Hilliard, 75 Fla. 792, 78 So. 603, 697, L. R. A. 1918E, 639 ; Price v. Skylstead, 69 Mont. 453, 222 P. 1059, 1060. "As" may also have the meaning of because, since, or it being the case that; State v. Rudman, 126 Me. 177, 136 A. 817, 819; in the character or under the name of; State v. Blue, 134 La. 561, 64 So. 411, 414 ; when; Shane Bros. & Wilson Co. v. Barrett, 71 Ind. App. 313, 124 N. E. 780, 781. - AS AGAINST; AS BETWEEN. These words contrast the relative position of two persons, with a tacit reference to a different relation - AS SOON AS. This term has a relative mean- ing according to the thing which is to be done. Eichelbaum & Smith v. Bishop, 75 Pa. Super. Ct. 528, 529. It often denotes merely a rea- sonable time; Childers v. Brown, 81 Or. 1, 158 P. 106, 168, Ann. Cas. 1918D, 170 ; In re Varet's Estate, 181 App. DIv. 446, 168 N. Y. S. 896, 898; and it may be the equivalent of "whenever"; School Dist. No. 37 of Rice County v. Board of Education of City of Lyons, 110 Kan. 613, 204 P. 758, 761. Some- times it means immediately. Columbia Dig- ger Co. v. Rector (D. C.) 215 F. 618, 630. AS SOON AS POSSIBLE. When used with reference to the time of performing some act, such as the shipment of goods, these words mean merely within a reasonable time. Rus- sell Co. v. Spurgeon (Mo. App.) 258 S. W. 10, 12 ; Birmingham Paper Co. v. Holder, 24 Ga. App. 630, 101 S. E. 692 ; Ingram Day Lumber Co. v. Germain Co., 135 . Miss. 490, 100 So. 281, 285; Dillinger v. Ogden, 244 Pa. 20, 90 A. 446, 449 ; Sturges & Burn Mfg. Co. v. American Separator Co., 142 N.Y. S. 697, 700, 158 App. Div. 63. Contra: National Cash Register Co. T. McCann, 140 N. Y. S. 916, 920, 80 Diisc. 165 ("as soon as possible" requires a much more speedy fulfillment than within a reasonable time). AS SOON AS PRACTICABLE.. These words are not synonymous with "as soon as Dce- E/X^HIBIT 121b�t1� �[iiib of Confederation 0 as EXHIBIT (-k'ld). ARTICLING]. •1. to state (a person's offenses. etc.) in articles. 2. to accuse. 3. to bind by the articles of an agreement. vd. to bring charges (against). Articlesitution of the ngatsoftheUnitStates: t was adopted in 1781 and replaced in 1788 by the present Constitution. Articles of War, formerly, the code of laws governing members of the armed forces of the United States: see Uniform Code of Military Justice. ar•tic•u•lar (ar-tikeyoo-l9r), adj. [L. articulatis < articu- lus, a joint, dim. of artus; see ARTICLE, ART (creation)], of a joint or oints: as, an articular inflammation. ar•tic•u late �ar-tikeyoo-lit; for v., ar-tik'yoo-lit ), adj. [L. articulatus, pp. of articulare, to separate into joints, utter distinctly < articulus; see ARTICULAR]. 1. jointed. 2. spoken in distinct syllables or words. 3. expressing oneself clearly. 4. able to speak. S. well formulated; clearly presented: as, an articulate argument. v.i. [ARTICULATED (-id), ARTICULATING], 1. to joint; put together by joints. 2. to utter distinctly; pro- nounce carefully; enunciate. 3. to express clearly. 4. in phonetics, to produce (a speech sound or speech sounds) by moving an articulator; phonate. v.i. I. to speak distinctly; pronounce clearly. 2. to be jointed. 3. in phonetics, to produce speech sounds. ar•tic•u•la•tion (ar-tik'yoo-lVshan), n. [L. articulatio; See ARTICULATE], 1. a jointing or being jointed. 2, the method or manner of this. 3. utterance or enunciation. 4. a spoken sound, especially a consonant. 5. a joint between bones or similar parts. 6. in botany, a) a joint in a stem or between two separable parts, as a branch and leaf. b) a node or space between two nodes. 7. in phonetics, a movement of an articulator. ar•tic•u•1a•tor (ar-tik'yoo-la'ter), n. 1. a person or thing that articulates. 2. in phonetics, any organ in the mouth or throat which, when moved, gives or helps to give speech sounds their characteristic acoustic properties: in English, the chief articulators are the lips (specially the lower lip), the apex, front, and back of the tongue, and the glottis; the uvula is a minor articulator (co -articulator). ar•ti•fact (XI'ti-fakt'), n. [L. ars, antis, skill, art + factus; see FACT]. 1. any object made by human work. 2. in histology, any structure or changed appearance produced artificially or by death. Also spelled artefact. ar•ti•fice (aria-fis), n. [L. artificium, trade or profession < artifex, artist, master of a trade < ars, art + facers, to make], 1. skill; ingenuity. 2. trickery; craft. 3. a clever expedient; artful device. -SYN. see art, trick. ar•tif•i•eer far-tiffa-s8r), n. [prob. < artifice + -er], 1. a maker or craftsman, especially a skillful one. 2. a person who devises; inventor. 3. a military mechanic. ar-ti•fi•cial (aria-fish'al), adj. [ME.; OFr.; L. artificialis < artificium; see ARTIFICE], 1. made by human work or art: opposed to natural. 2. made in imitation of something natural; simulated: as, artificial teeth. 3. unnatural or affected: as, an artificial smile. 4. in botany, cultivated; not native. Abbreviated art. SYN.--artificial is applied to anything made by human work, especially if in imitation of something natural (artificial hair); synthetic is applied to a substance that is produced by chem- ical synthesis and is used as a substitute for a natural substance which it resembles (synthetic dyes);ersatz, which refers to an artificial substitute, always implies an inferior substance (ersatz coffee made of acorns); counterfeit and spurious are applied to a careful imitation deliberately intended to de- ceive (counterfeit money, a spurious signature). -ANT. natural. artificial horizon, an instrument on an aircraft, operated by a gyroscope and -)ntaining a liquid level, for indicating the position of the craft with reference to the true horizon. artificial insemination, the impregnation of a female with semen from a male without sexual intercourse. ar•ti•fi•ci•al•i•ty (ar'ta-fish'i-al'a-ti), n. 1. the quality or state of being artificial. 2. [pl. ARTIFICIALITIES (-tiz)], something artificial. artificial respiration, the maintenance of breathing by artificial means, usually by creating and relaxing pres- sure externally on the chest cavity at regular intervals. ar•til•ler•ist (ar-til'e-r-ist), n. 1. a student of gunnery. 2. an artilleryman; Vnner. ar•til•ler•y (ar-tilfe"r-i), n. [ME.; OFT. artillerie < atilier (sp. influenced by arte) < L. *apticulare, to set aright < attus, suitable; see APT], 1. formerly, apparatus for hurling heavy missiles, as catapult. arbalests, etc. 2. now, guns of large caliber, too heavy to carry; mounted guns (excluding machine guns), as cannon: distinguished from small arms. Artillery may be mobile, stationag, or mounted on ships, airplanes, etc. 3. the science of guns; gunnery. Abbreviated A., art., Arty. the artillery, the military branch specializing in the use of heavy mounted guns. ar•til•ler•yman (ar-til'e"r-i-man), n. (pl. ARTILLERYMEN (-man)1, a soldier in the Artillery. ar•tl•o• ac•tyl (ar'ti-a-dak'til), adj. [Gr. artios, even + daktylos, finger or toe), having an even :iumbcr of toes or digits, as a camel, hog, etc. n. any hoofed mammal having an even number of digits. a{-ti•san (aria-z'n), n. [Fr. < It. artigiano < LL. *artitionus < L. artitts, pp. of artire, to instruct in art$ < ars, antis, art], a skilled workman or craftsman. artist (arttist), n. [Fr. artiste; It. artista < L. ars, antis, art]. 1. a person who works in or is skilled in any of the fine, especially graphic, arts. 2. a person who does anything very well, with a feeling for form, effect, etc.: as, his cook is an artist. 3. an artiste. Abbreviated art. artiste (ar-test'), n. [Fr. see ARTIST], 1. a skilled pro- fessional entertainer. 2. a person very skilled in some trade or occupation: often humorous or facetious. ar•tis•tic (ar-tisftik) adj. [Fr. artistique], 1. of art or artists. 2. done skillfully; aesthetically satisfying. 3. that appreciates art and beauty; fond of the fine arts. at.tis•ti•cal•ly (ar-tis'ti-k'l-i, ar-tisftik-li), adv. 1. in an artistic mariner. 2. from the standpoint of art. art•ist•ry (arftis-tri), n. 1. the practice or pursuit of art. 2. artistic quality, ability, work, or workmanship. artless (art'lis), adj. 1. lacking skill or art; hence, 2. uncultured; ignorant. 3. not artistic; clumsy; crude. 4. without artificiality; simple; natural. 5. without guile or deceit; ingenuous; innocent. -SYN. see naive. Artois (ilr'twi% n. a former province of northern France. arty (arfti), adj. [ARTIER (-ti-e"r), ARTIEST (-ti-ist)], [Colloq.], pretending to be artistic; ostentatiously artistic. Arty., Artillery. Ar•tzyba•shev, Mi-kha•il (mi-kha-'elf ar'tsi-bVshef), 1878-1927; Russian novelist. A.R.U., American Railway Union. A•ru•ba (a-roo'ba), n. an island in the Netherlands Antilles, off Venezuela: area, 70 sq. mi.i pop., 55,000. A•ru Islands (afroo), a group of islands in the Nether- lands East Indies, southwest of New Guinea: area, 3,326 sq. mi.; pop., 18,000: also spelled Arru Islands. arum (ar'am), n. [L.; Gr. aron, the wake robin], any of a number of related plants bearing flowers on a fleshy spike surrounded by a hoodlike leaf. a•run•di•na•ceous (a -run di-na'shas), adj. [L. arundi- naceus < arundo, reed, cave], of or like a reed. a-rus•pex (a-rus'peks), n. [pl. ARUSPICES (-pi-sez')], a soothsayer: see harustiez. A•ru•wi•mi (a roo-we mi), n. a river in the northern Belgian Congo, flowing into the Congo: length, 800 mL A.R.V., American Standard Revised Version (of the Bible), printed in 1901. -ar•y (erfi; also, chiefly Brit.,er-i), 1. [L.-arius, -aria, -arium], a suffix meaning relating to, connected with, used in forming adjectives and nouns, as auxiliary, dic. tionary. 2. [L. -aris], a suffix meaning relating to, like, as in military: also -ar, as in nuclear. Ar•y•an (£rfi-an, arfyan), adj. [Sans• arya, lord, master, arya, a tribal name; akin to OPer. ariya, a tribal name; orig. applicable only to the Indo-Iranian tribes, but popularized in a cider sense by Max Muller and less reputable authors; not connected with Eire. Ireland, Irish], 1. formerly, designating or of the family of languages that includes Iranian, Sanskrit, and most of the European languages; Indo-European. 2. des- ignating or of the Indic and Iranian branches of the Indo-European family of languages. 3. of the Aryans. n. 1. the hypothetical parent language of the Indo- European family. 2. a person belonging to, or supposed to be a descendant of, the prehistoric people who spoke this language. Aryan has no validity as a racial term, although it has been so used, notoriously by the Nazis to mean "a Caucasian of non-Jewish descent," etc. The use of the word in connection with race is due to the idea, regarded by most ethnologists as false, that peoples who spoke the same or related languages must have had a common racial origin. Misuse of Aryan has led to its replacement in scientific discussion by Indo- European (in sense 1 of the n. & adj.). Ar,y•an-ize (£r'i-an-W, arfyan-W), v.t. [ARYANIZED (-izd'), ARYANIZING], 1. to make Aryan. 2. in Nazi usage, to rid of (so-called) non -Aryan elements. See Aryan. ar•yte•noid (ar'i-tVnoid), adj. [Gr, arytainoeides, ladle - shaped < arytaina, a ladle, cup + efdos, form], 1. des- ignating or of two small cartilages at the back of the larynx, connected with the vocal cords. 2. relating to any of certain muscles in the larynx. n. 1. an aryte- noid cartilage. 2. an arytenoid muscle. as (az; unstressed, az), adv. [weakened form of also; ME. as, ase; AS. alswa, ealswa; al, eall, all + swa, so; lit., wholly so, quite so, just as], 1. to the same amount or degree; equally. Example: I am as good as he. 2. for instance; thus: see the use of as throughout this dic- tionary after a definition and before an example of usage. coni. 1. to the same amount or degree that. Example: It flew straight as an arrow. 2. in the same manner that; according to the way that. Example: Do as you are told. 3. at the same time that; while. Example: She arrived as I was leaving. 4. because,. Example: As you object, we won't go. 5. that the con' sequence was. Example: The question ass so obvioir- as to need no reply. 6. though. Example: Tall as he was, he couldn't reach the apples. PTO n. 1. a fact that. Example: He is tired, as anyone can see. 2. that (pre- W 4& h r�e Al e-w Alrrl•K tOi GtiOnCt 1:448 EXHIBIT g 1z -Ito (,g Vitt b stud•dWud'iq), n. 1. the studs of a building. 2. the mater, r these. stud -ding -sail (stud'in-sal'; in nautical usage, stun's'l), n. [? < D. stooten, to push, urge on; akin to G. stossen, to push; + sail], an auxiliary sail, usually of light canvas, set outside the edge of a working sail in light weather by means of an extensible boom: also studding eail: see sail, illus. student (stoo'd'nt, striVrit), n. [ME. studiank, stu- dente < OFr. estudiant; L. studens, ppr. of studere, to be eager about, study], 1. a person who studies, or investigates: as, a student of human behavior. 2. a person who is enrolled for study at a school, college, etc. Abbreviated stud. -SYN. see pupil. student lamp, a reading lamp in which the direction of the light rays can be ad' usted. atu•dent•ship (stoo'd'nt-slop', stu'd'nt-ship'), n. [see -SHIP], 1. a scholarship. 2. the state of being a student. atud•horse (studth8rs'), n. a male horse kept for breed- ing stallion. stug•ied (stud'id), ad'. 1. prepared or planned by careful study. 2. deliberate; premeditated: as, studied indifference. 3. LRare], learned. stu•di•o (stoo'di-o% stu'di-o'), n. [pl. STUDIOS (-oz')]. [It., a study], 1. a room, building, etc. in which an artist does his work. 2. a place where motion pictures are professionally produced. 3. a room or rooms especially designed for producing and transmitting radio or television Programs. studio couch, a kind of sofa that can be opened into a full-sized bed. stuAi•ous (stoo'di-as, stWdi-as), adj. [ME. studiouse; L. sludiosus), 1. fond of, or often engaged in, study. 2. characterized by careful heed or attention; thought- ful; zealous. 3. [Rare], studied; deliberate. 4. [Poetic], conducive to study. stud poker, a variety of the game of poker in which each player is dealt five cards, the first face down and the others face up, the betting being done on each round of open cards dealt: sometimes seven cards are dealt, the first two, and often the last, face down. stud -work (stud'wfirk% n. work done with studs. study (stud'i), n. [pl. STUDIES (-iz)], [ME. studie; OFr. estudie; L. studium, is busying oneself about a thing, zeal, study < studere, to busy oneself about, apply one- self to, study], 1. the act or process of applying the mind in order to acquire knowledge, as by reading. in- vestigating. etc. 2. careful attention to, and critical examination and investigation of, any subject, event, etc.: as, after study of the matter, the judge gave his decision, the study of human nature. 3. a branch of learning; department of knowledge. 4. pl. education; schooling. 5. a product of study (senses 1 & 2); spe- cifically, a) an essay, monograph, or thesis embodying the results of a particular investigation. b) a work of literature or art treating a subject in careful detail and made primarily as an instructive exercise for the maker. c) a first sketch for a story, picture, etc. d) a short musical composition as an exercise in technique; Etude. 6. an earnest effort; deliberate intention: as, his con- stant study is to do a job well. 7. abstracted state of mind; deep thought or mental absorption. 8. a room designed for study, writing, ree�addi�ng�, etc., usually with books, a desk, and similar furnishings. 9. a person, especially an actor, with reference to his ability to memorize or learn: as, John is a quick study, v.t. [STUDIED (-id), STUDYING]. 1. to apply one's mind to at- tentively; try to learn by reading, thinking, etc.: as, study history. 2. a) to examine or investigate care- fully: as, I shall study your problem. b) to look at care - If U scrutinize: as, he studied the map. 3. to read (a book, lesson, etc.) so as to know and understand it; hence, 4. to memorize. 5. to take a course in, as at a school or college. 6. to pay attention to; give care. and thought to: as, he studies to do the right thing. va. 1. to apply the mind in order to acquire knowledge. 2. to be a student; take a regular course in some branch of knowledge. 3. to meditate; ponder. -SYN. see con- sider. study hall, in some schools, a room where groups of students can study during free periods between classes. stuff (stuf), n. [ME. stoffe; OFr. estoffe Fr. itoffe, material); prob. < L. stuppa, tow (cf. sroPI]: 1. the material or substance out of which anything is or can be made; raw material. 2. constituent elements; basic parts; essence; character: as, he is made of sterner stuff than his brother. 3. any kind of matter, indefinitely 4. cloth, especially woolen cloth. 5. a) household goods. b) personal belongings. c) objects; things. 6. something to be drink or swallowed; especially, a medicine or potion. 7. worthless objects; refuse; junk. 8. foolish or worthless ideas, words, etc.; nonsense: often used as an interjection ex ressing disagreement, de- rision, irritation, etc. v.f. �ME. stollen; OFr. estoffer < estoffel. 1. to fill the inside of (something) ; pack; sPecificaallljy, a) to fill (a cushion, chair, etc.) with pad- ding or stuffing, as an upholsterer does. b) to fill the skin of (a dead animal, bird, etc.) as part o the process of mounting and preserving, as a taxidermist does. c) to fill icken, turkey, etc.) with seasoning, cru tc. before roasting. 2. a) to fill too full overload: as, the drawer is stuffed with papers. b� to to excess with food. 3. to fill with; pack or cram crowd in. 4. to fill with information, ideas, etc,: � stuffed his head with facts. S. to put fraudulent v into (a ballot box). 6. a) to plug; block. b) to chi stop up, as with phlegm 7. to force; push; stuffed a handkerchief into his pocket. 8, t t h° (leather) with a preparation of oil and tallow for �t serving rt. v.f. to eat too much or too quickly. Prd stuffed shirt (stuft), [Slang], a pompous, pretenti,", but actually insignificant person. atuff•i•ly (stuf'a-li), adv. in a stuffy manner. stuf•fl•ness (stuf'i-nis), n. the quality or condition of beingg stuffy. stuffing (stuf'is)), n. 1. the action of Pack_ gorging. 2. something used to fill or st ; sor pecifically a) soft, sprin material used as padding in cushi upholstered furniture, etc. b) a mixture, as of bi crumbs, seasoning, etc., for stuffing a fowl, roast_ the like before cooking. tvfgn ebox, a chamber that n b ­rt.- Aq a holds packing tightl, stulii•fi•er (stul'ta-fi'e"r), n. a person or thing that stul. tifies. atul•ti•fy (Stul'ta-fi'), U.I. [STULTIFIED (-fid'), sruLm FYING], (LL. stultificare < L. stultus, foolish + to make], 1. to cause to appear foolish, stupid, sistent, etc.; make absurd or ridiculous. 2. to be of no effect; make worthless or useless: as, his plesmt behavior stultifies his previous efforts. 3. in lam, to allege (oneself or another) to be of unsound mind and, hence, not legally responsible. stun (stum), n. [D. stom, must < stom, dumb; cf. Pr. rin muet & G. stumm, dumb]. 1. grape juice that is unfermented or only partly fermented. 2. wine revived by the addition of stun to increase fermentation.! tt.t. [STUMMED (stumd), STUMTiING1, (D. stommen;; see thi n.], to revive (wine) by the addition of stuns. ' stumble (stumrb'l), v.i. [sTUMBLED (-b'ld), sTtJMBL1NCi j[ME. siomblen, stomelen; prob. < ON. *stumla (dd Norw. stumla, to stumble in the dark, etc.) < the bsed . seen in stammer]. 1. to trip or miss one's step in walk running, etc. 2. to walk or go in an unsteady or sWf: ward manner, as from age, weakness, etc. 3. td speal4 act, or proceed in a confused, blundering manners SK 116 stumbled through his recitation. 4. to fall into sin,et, error; do wrong. S. to come by chance; ha,. inn I stumbled across a clue. v.t. to cause to stumble. t' the act of stumbling. 2. a blunder, error, or sin. stumbling block, something that causes stuinb obstacle, hindrance, or difficulty. stump (stump), n. [ME. stumpe, stomppe prob. < stumps or the cognate MLG. stump, M�. stomp; as in STUB], 1. the lower end of a tree or plant rem&W ing in the ground after most of the stem or been cut off. 2. anything like a stump, specifically., the part of a limb or tooth left after the rest has off, broken off, etc. b) the part of anything left after main or important part has been removed, worn A butt; stub: as, the stump of a pencil. 3. a shoorrtt,, yi Person or animal. 4. the place where a political' is madei Political rostrum: so called because were originally made from tree stumps.* Bch' sound of a heavy. clumsy, tramping step. b) 6. a pointed rubber stick or a heavy. pointed Va er used for shading charcoal or pencil dro . rpormer Colloq.], a dare; challenge. 8. Pl. ISt. k legs. 9. in cricket, any of the three uprigd ht stic wicket. v.t. 1. to reduce to a stump, i.P0 2,ow move stumps from (land). 3. to canvass, or (a district), making political speeches. 4• to tons or soften with a stump sense 6). S. [Colloq•]. (one's toes, etc.). 6. C%oq.l, to puzzle;._ _ baffle; foil. 7. [Colloq. , to challenge; d ., 6A-)G1Or,1-c/1f /!/uw DENNIS B. GREEN Attorney at Law TELEPHONE 970-925-1885 117 SOLTH SPRING ST., SME 1 TELECOPIER 970-925-8967 ASPEN, COLORADO 81611 October 4, 1996 John Worcester Esq. Aspen City Attorney 130 S. Galena Aspen, CO 81611 By facsimile to 920-5119, original following. Re: Zoning for Tattoo Parlor Dear John: Following the meeting between you and I and Stan Claussen, I have completed some preliminary research into First Amendment issues involved in the zoning of tattoo parlours, and have found the following. It is clear that tattooing is a form of expression entitled to protection under the First Amendment to the United State Constitution and Sections 4 and 10 of Article II of the Colorado Constitution. For example, many tattoos involve religious and political expression, such as a cross or a flag. Certain Asian cultures use extensive tattooing to express religious or cultural ideals or identities. Of course, freedom of expression extends to all ideas, not just religious or political, but the presence of expression on these topics strengthens the conclusion that the First Amendment is implicated. As to case law support for these conclusions, I refer you to Am Jur, 2nd, Constitutional Law, Sections 459, 460 and 517, Section 517 notes that freedom of speech and press is not limited to any particular media of expression. Nonverbal expression or symbolic speech is protected, such as display of a flag, signs or banners, or a mode of dress or personal grooming such as wearing a beard or a certain hairstyle„ citing People v. Street, 20 NY2d 231, rev'd other grounds 394 U.S. 576, Schneider v Ohio Youth Com., 287 N.E. 2d 633, and N a_mi Beach v. Koehl_, 279 So.2d 102. The wearing of a beard or a particular hair style is also protected by the constitutional right to privacy. Although I have not yet found a case directly dealing with tattoo parlours, it seems clear that the above principles would be applicable. Also, due to my need to be out of town and other time constraints, I have not completed an exhaustive review of the authorities which might produce a case involving tattoo parlours. Further supporting our position is Section 459, stating that reasonable certainty in statutes is more important than usual when vagueness might induce indi-viduals to violate an unclear law or 1 EXHIBIT forego exercise of First Amendment rights, citing Scull v. Virginia, 359 U.S. 344, 3 L.Ed 2d 865, 79 S.Ct. 838. Thus the ambiguity created by the lack of a definition of "artists studio' in the Aspen regulations, together with the lack of any other zoning designation which might apply, could be interpreted as invalidating the regulations in so far as they would either entirely prohibit or leave uncertain the right of individuals to engage in speech or conduct protected under the First Amendment. Finally, Section 460 states that the overbreadth doctrine holds that police power regulations which lack clarity or precision and which therefor may inhibit the exercise of First Amendment rights are a prior restraint of speech, citing Broadrick v. Oklahoma_ 413 U.S. 518, 31 LEd 2d 408, 92 S.Ct. 1103. For the City to take the position that it cannot find any zoning district or designation of use which would allow this activity, would implicate this restriction on the police power. Overall, especially considering that tattooing does in fact involve the expression of both religious and political symbols and ideas, it seems clear that the First Amendment is implicated in this situation. For this reason, my clients urge the City to adopt the solution which you suggested earlier --- that they be allowed to operate on an interim basis at their own risk at the location available in the SCI Zone. I am informed that the landlord is amenable to a short term of perhaps 4-6 months for an initial lease and that no large amount of equipment or cost of installation will be required. Meanwhile, a zoning amendment could be processed, perhaps to make tattooing a use by review in the SCI Zone with appropriate restrictions or conditions. Please let me know your position on this matter as soon as possible. Sincerely, l K MIR. Mow I klvi LA- t Ilid v 4010.. O -. - • .'i era ^t1: - - - _ ``. I �^r � � Mar •. � �,.. f .�,:'�.. r� E ■ pir-777 7�7 u affirwo IF/ rlz��p ,. 714 vt*. r L 5CFC,-?& ,(- Ar-rEo- a 0 U v7L U !I L]? l ter .goo+ k-- v�