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Home My WebLink Aboutcoa.lu.tu.465 N Mill St.A99-96 CASEL~ SUMMARY SHEET - CITY OF A~N DATE RECEIVED: 12119/96 DATE COMPLETE: PARCEL 10 # 2737-073-00-048 CASE # A99-96 STAFF: ,.,....;' Am\flon tv\L PROJECT NAME: Tattoo Parlour Temporary Use Permit Project Address: 465 N. Mill Street APPLICANT: Ben Wallenbom & Paul Lambdin AddresslPhone: 615 Vine Aspen, CO 81611 544-3635 REPRESENTATIVE: Dennis B. Green AddresslPhone: 117 S. Spring St., Suite 1 Aspen, CO 81611 925-1885 RESPONSIBLE PARTY: Other Other Name/Address: Not 6uJJrnr1ied FEES DUE PLANNING ENGINEER HOUSING ENV HEALTH CLERK TOTAL - $450 $0 $0 $0 $0 $450 FEES RECEIVED PLANNING $350 ENGINEER $ HOUSING $ ENV HEALTH $ CLERK $ TOTAL RCVD $350 # APPS RECEIVED 1 # PLATS RECEIVED GIS DISK RECEIVED: TYPE OF APPLICATION, One Step REFERRALS: ,KJ City Attomey o City Engineer o Zoning o Housing ~ Environmental Health o Parks DATE REFERRED: 1:zlbD o Aspen Fire Marshal o City Water o City Electric o Clean Air Board o Open SpaCe Board o Other: INITIALS: ~ o CDOT o ACSD o Holy Cross Electric o Rocky Mtn Natural Gas o Aspen School District o Other: DATEDUE:-1/.6- APPROVAL: OrdinancelResolution # Staff Approval Plat Recorded: Date: Date: Book ,Page CLOSEDIFlLED ROUTE TO: DATE: INITIALS: '- 1""'\ ~ Memorandum To: Mayor and Oty Council Thru: Amy Margerum, City Manager ,.., Stan Oauson, Community Development DirectorY Thru: From: Mary Lackner, Acting Deputy Director Re: Tattoo Parlor Temporary Use Permit Date: January 13, 1997 ========================================================== Summary: The applicant is seeking to open a tattoo parlor in the lower level of '*65 N. Mill Street for a six month period as permitted under the temporary use permit regulations. A copy of the applicant's request is included as Exhibit A. Staff is recomme.T1.ding approval of the temporary use pe."IIlit request with conclitions. Applicant: Ben Wallenborn and Paul Lambdin, represented by Dennis Green. Location: The applicant has a lease fOl: an approximately 700 sq.ft. space 41 the lower level of the '*65 N. YllilStreet building. The tattoo parlor is proposed to be located adjace.T1.t to the Aspen Times press room and Downtown Detail. Zoning: The parcel is zoned Service/Commercial/Industrial (S/C/I). Code Criteria: The requirements for Temporary Use pe."Iflits are set forth in chapter 26.97 of the _i\spen 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. 1-lill Street building and will place a sign on the e.'<:te...-ior 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 1 .-' -. application. They 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 Klein 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 sa and NC zone districts for revisions. There has been a trend over the past several years that some retail uses are seeking space in the sa zone district because of the lower rents, and traditional sa uses are being displaced down valley. This is a long range 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. Impacts of the proposed temporary use on pedestrian and vehicular traffic an5f 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 of 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 duxation 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 sa zone district rollows: Purpose. The purpose of the SerrncelCoTT1.7TleTcialfIndustTial (SIC/!) zone district is to allow for the use of /and fur the preservation or development of limited commercial and industrial uses which do not require or generate high customer tra.fjit: volumes, and to permit customary accessory uses, including residential dwelling units. As discussed in this review, staff is reevaluating the permitted and conditional uses or 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 ite.'!l B., there are several illegal retail uses that are currentiy in operation on this parcel. The Planning Office is reviewing the sa zone district to determine what revisions are appropriate in this district to ensure compatibility of uses with the intent and purpose or the underiying zone district. Staff can support this temporary use permit as it is oniy permitting the use ror 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 ror clients. The applicant is also prohibiting clients from drinking alcoholic beverages while on the premises. The application has been referred to the Environmental Health Departme.Tlt, however no comments were submitted in time ror 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 rollowing conditions: 1. The hours of operation shall be limited to 7:00 am - 10:00 pm. 2. 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 3 ~ ,'-" 4. 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. RecommendedMotion: "I move to approve the requestfor 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 ., 4 ---", f"; ~, TELEPHON<: 970-925-1885 DENNIS B. GREEN Attorney at Law 117 SOUTH SPRING ST., SillTE 1 ASPEN, COLORADO 81611 TELECOPIER 970-925-8967 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 Wallenbom 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: I. BASIC INFORMATION 1. Applicants: Ben Wallenbom and Paul Lambdin, 615 Vine, Aspen, Colorado, 81611, 544- 3635. 2. Location: 465 N. Mill, No.9, Aspen, Colorado, 81611. 3. Zoning: Service/CommercialIndustrial. 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 Wallenbom 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 1"""\ 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. Sincerely, ~~~~ Enclosures / 2 1.2/16/96 16:21 FAX 9109~61 .-, I4J01 December 12, 1996 To the members of the P+Z Commission, I am seeking support in getting my laltoo shop zoned in the sel zone which is ~onc:d for "Anisl Studio". There have been so.me questions as to whether a talloo shOll can be considered an artists studio, so I would like to state a few reasons that I believe will clarify this. The detloition of "Artists Studio" is an artists workshOll. The definition of "Arnst" is someone who practices art wilh knowledge of specific skills needed in producinll or expressing aesthetically pleasing objl!ClS such as painting or sculpture. So I guess the question than woulll be whether T am an artist or no! and if a tarroo could be considered aesthetically pleasing. T think that the question of tattoo as art is prellY much an individual opinion. Not only do T believe it is an art but it i, one of the oldes! known 3rlS in Lbe world. The ice man they foun.d in the Alps a few years ago was tbe oldest person they bave found with skin intact and on tbat skin was found tattOos. There are also several tattoo magazines published monthly thar bear the word "ART' in tbeir titles. There is no question in my mind that it is an art form. As for the question of whether' am an artist or not' can give you a brier background of myself and let you decide. As an elementary student in Colorado Springs I had pieees displayed in museums every year and a couple even went to museums in Denver. I continued to study art all through bigh school and had ,tuff displayed in many shows. I won a monetary award for best art stlldent in tile Larimer county ,chool district to help with collOlle. I went to Memphis CoIlege of Art on a scholan;hip in J 988 originally with a painting major, but switcllCd 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. il was like leaming another media. The same things apply as in painting and drawing such as line quality, J,nowledge of color. light sources, shading, eu:. In tattooing I have done master copies of Van Gogh, Picasso, and Georgia O'Keefe. A 101 oftlte wor!< I do is custom one ofakind picces that I draw myself. I understand thatlhere 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 shOll and as for questions about the amount of traffic produced, tattooing is a time consuming process that limits the number of pcople I can work on in a day. I also UIlderstand that the majority of people in Aspen or thar visit are not into this and this is why I did not want to set up au 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 findil. Thank you for taking the time to read this, 1 hope this clear.> up any questions you might have had and why r believe r should be zoned faT artist smdio. If you do agree with me 1 would greatly appreciate any support you could give me. Maybe a lelter of supporl to the City Council whom I have to meet with on Monday nec 16. Sincerely YOuts/' h 6- iv~t...----- /' Ben Wallenborn r: !L ,- ~ . ~.c- , 'nil -.:t ":2-t-: ~~ <I ~ fJ . - ~ 'j M 4- ~ ~ ~ -& -+ c:U , '-./ --. V) - - .J ~ - ~~ 1 - ..9 ~ J .~ ~ ~\ ~ I { I - '0 v-r lil" A ~ivi -+- .~' .~ 2 ~ 1:' ' :J~~ ~ ~v1 - l ~ ~ .-' -, .%I -~ ~ w D- ~.~ t- . 1: ""'~ ~t 1.- 51 ~\ t;, p :.:./ v " J" ~. ~ty " \~ ~- ~ c~ ~ ,,0 ~ ~ ~ ~ ,~ 8 n o . G I ~ '- <:I:- c:J ~ '!!fl&I.r r"'P)) ~ ~ tl~' ~~~ j " ~ ~ '"';) r-'" - " . .. .1d~ d~ . ~ t:.1 ' ~ ~ ~ - v'thtc.Jt /A(te.~ -.-J ,N. \'V\\'t l sT. - ~' w ~ ~ . . /' " . -.., -. <. It., ~ - ..,J 1~ ~~ ~ " .-, ,-" MEMORANDUM To: Mary Lackner, Planner 1\~~ 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 cleaned and' capable of being sanitized with a chemical germicide_ ' Prior to and aiter each treatment of acupunCtUre and each 'appiication Of . tattoo or ear/percutaneous piercing, the applicator shall wash his/her hands ~t a sink with bOth hot and cold 'running watef and with soap having bactericidal qualities. Equipment items shan be defined as any needle, instrument. probe, or device 'utilized by acupuncturiStS, tattOO artists, Of. persons performing ear/percutaneous piercing that punctures the skin or ~rs_sterile tissue of any patient/client The use of sterile, single-use, disposable equipment itetTIs is encouraged. Equipment items which have been used to puncture the sldnor enter sterile tissue of a.patientfclient shall be considered infectious waste. Prior to disposal, such items must be placed in puncture-resistant containers. 'Such items should not be recapped, bent, broken, removed from disposable syringeS. or otherwise manipulated by hand after use. Other solid waste, such as soiled linen, contaminated with blood or other body fluids must be placec:lin sealed" sturdy, impervioUS bags to prevent leakage of the contained items. All iofectious w~te must be disposed of in a manner consistent with CRS 25-15-401 et seq. and regulations of the Board of Health concerning infectious waste disposal. Equipment items must be cleaned and sterilized before such items may be reused. Equi\iment 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 l>Jbber gloves to prevent hand injuries. Equipment items mus~ then be stenlized by steam (autoclaving), gas (chemical vapor), or dry heat sterilization. Steriliz:c'fs must be installed, maintained, and operated in conformance with'the manufacturers instru<;tions and specifications. The adequaCy of sterilization cycles must be verified by the periodic use of spore-testing devices. Le. weekly for mast practices, and theoperatar should keep record$ which demonstrate the frequency and resultS of such testing. Uquid chemical germicides (commonly referred to as "cold sterilization" solutions). ultras(lund, and ultraviolet lightC<ibinetS are not acceptable sterilization methods for metal or hea,t-~Ie equipment items. Non-heat~stable equipment items Which enter non,nally sterile tis~ue should receive high level disinfection using Chemical , l;;lermicides that are registered ~ the ~.S. Environmental Protection Agency ,as, "sterilants". The manufacturer's instrUcuons for use of the germicide and the manufacturer's'specifications for compatibility, of the equipmeiltitem with germiddE(s should be closely foUOWl:l'd. ' ' Eachoffice.~ini<:"busim'lSs; ?r~lity which utilizes~pll,1entiteirlsshall ' ....-..., '-'.,.".,; ,~, . '. ;..,-., 8 :": ..~; ,. '.., (~:X~~i:' ';':4i.~~i:;;;I1::;'JJ','[-C\;<: ,.;J;;.; ",;..;<~;'!: ~1~3;:',:_,_." . ;'~,;,W8~;,~~~i{~~,I~~:';;f,}i,;;~;~f:;>:' - , i'~->;{~~~~r " 't:<.>. <,'~>;t';"i' ;.j".,,:.,;JJ.,:',;';' ,. . . . . _.~-_:-'.."-......,..~.,__~_..:._._;:c_. 303-753-&809' ,- i.....1.JUn v.J.) -, work in a food processing, milk prOducing, milk processing or food seNiee setting in any capacity in which there isa Iikebl'lood of such pel'$on contaminating food or food contaCt surtaces with pathogenic organismS or ....""'......._:..;"""........;....__'^"'" ...... .........._ ~~...._ ........._ __1__. i: _:.t:-.._.ti_:s...._ L,.;... ..Col' ............. ~ -...t...."'~"""'" "". .""''' ~ . t'VI~ to.. 4 f, tc: CI. 't-"U'ClI1 I<iJI . -r--".~UfG' IUI ensuring the absence from work of an employee with an infec:tiOus disease for whiCh there is evidence of transmission to persons in a food service, food, processing, milk producing., or milk processing setting. as determined by the State Department of Health. Regulatlon 8. Reoortino of Diseases Amono Animals Every veterinarian. livestOCk owner. veterinarY dlagnostic iaboratOl'Y director. or other person having the care of, or knowledge Of. the existence of animals having or suspected of having any disease which may endanger ttle public health such as rabies. anthrax. encephalitis. etC.. shall promptly report the facts to the local health department or health agency or the State Department of Health. Regulation 9. Confidentl~ All personal medical recordS and reports held by the state or lOcal health department in compliance with these regulationS sha1I be confidential information subject to C.R.S. 25-1-122(4).' Reasonable efforts shall be made by the department to consult with the attending physician or medical facility caring for the patient prior to any further follow-up by State or local health departments or health agencies. . Regulation 10. Cleanino and Sterilization of Needles. Instruments. Probes. and Devises Used bv AcuounctUristS. Tattoo Artists. and Persons, Performina Ear or Otl'1er Percutaneous Pierdl19 This regulation is promulgated pursuant to CAS 25--1-1Q7(1)(A) and 12-29.5- 111 which. state that the Department has tile authority to investigate and control the causes of epidemic and communicable diseases and that the Department shall promulgate rules relating to the proper .c1eaning and sterilization of needles used in the practice of acupunClUre and the sanitation. of acupuncture offices. Because bloodborne infections may be transmitted by 'arrt contaminated ' instrUment.which enters sterile tissue of a patient/client. this regulation is not r~stricted to acupuncturiStS. ' ," . All P<m.5of the premises of an acupunClUre. tattoo, or ear/percutaneo~s pierci.~g establis~ment s~ be kept in a clean, sanitary. neat. and orderly condition ,at all times. All t,OOles. counters, and chairs used in connection with . "'.,:''::,:':'" "" .,' "~:~,~~:~Ci);~" ;,;:':;:;>::',:'~f)~g7<j::>:\',~:':',,/,<tt_; TII",,,,,~~=,,,,,,,,,,,,,,,,~~~,~~'~"'M""' '-'...J '00"::1 CDOIi CPD . -. -., PAGE 1'l6 . . be responslble for insuring that all personnel who use, clean, sterilize, store, dispose, or otherwise handle equipment items are adequately1rained and supervised.. . ,_ _ . . All communicable diseases shall be reported by 8aJpUOclurjsts, tattoo artists. and persons performing ear /perct.rtaneous pierc:ing to !he state '0( local health department in accordance with Regulations 1 through 4 a! these rules. '. 'J:'''' I ',ff, ,-~~'\.'. II~~' ;-.:'; ',' ~"""'''''''''- ~1:::: -':2~;:~':;'- " ,.~ :.,; :~" '-'" '-', December 23 . 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, ~IV~ Ben Wallenborn 615 Vine Aspen, CO 81611 544-3635 ~df~ Paul Lambdin 615 Vine Aspen, CO 81611 544-3635 12/2611~96 12:20 3033495489~,,__ ..' Il;:C 25'$ lil3::34A'1 ASPEN' ~ ,< HOLLISTER & CO., PC ~ PAGE 02 P.2 Deci,mber ~ ) 996 To the City of Aspen: OJ: \ \ s-r..Aer' V~.-Q. . beins the owner of the bllildlna 10000ted at 465 ~ Mill, Aspen. ColOrado, hereby authorize Ben WaJlenbom and Paul Lunbdin. to to submit and process an applicatiOll for temporary use for a tattoo parlour to the City or Aspen, This appllcatlOJ1 is for Unit 'in said building, which Wallenborn and Lambdin are leasing O:oni_ \ \ S"I. 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T~~ Ob. !;:zrf,teJ:J....'p . /DlI;J .fre, - .~ ArttO/'1/D 1>>< I~ 7 . .,-",.-.....- 6V\..t~~ "~\'- Ll~ L~ () ~. bA,Lc~ ""''". -:c \\:.LQ~er ..o.dor~'S.c~f'\\l, .J:".".s,t.,<<s.~ ,~ C.i:t~\ o~ A:,~"j\... - . .__u,.,__ . m~ f:o(1...._Co(N,'\,~ . ."i i.e-, Community Development Department 130 S. Gal,eoa Street Aspen, Colorado 81611 TO: FROM: RE: DATE: !"'\ ~ ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM City Attomey Environmental Health Mary Lackner, Planner Tattoo Parlour Temporary Use Permit Parcel ID No. 2737-073-00-048 December 30,1996 Attached for your review and conunents is an application submitted by Ben Wallenborn and paul Lambdin. Please return your conunents to me no later than January 2, 1997. Thank you. l"" ,-. ASPENIPITKIN 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 1 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 1st 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, ~J~ Rhonda Harris Administrative Assistant TELEPHOi\e 970-925-1885 DENNIS B. GREEN Attorney at Law 117 SOu'TH SPRING ST., SUITE 1 ASPEN. COLORADO 81611 TELECOPIER 970-925-8967 , November 20, 1996 AspenlPitkin Community Development Department Stan Clauson, City Conununity 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/CommerciallIndustrial 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. 112.0 1 O(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, ~ ~Cj7~ cc: John Worcester C'j_'.,a SUBLEASE ? ~ THIS SUIlLE4\S1; is maQe this ~l4.Y of JJo y ~ b~ ' 19 % , between ~vL U/~"'-''1... a-..cL .f"'~tMlodl.... , (the "Lessee") and , (the "Sublessee"). Tn 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 Sublessee the following described p,mnises situate in -Y~'4- It. ,.... _ County, State of Colorado, the address of which is 4".; ~. M.II :;0+"1 k.l.,.'- _ c.- ~il..lI ..s.p-.r..~(. '__,' r" I ""''''''''''"'''' TO l;!AVE ANQ TO HOLD the same with all the appurtenances unto tbe said Sl!,bjejlsee from L2.{>'clock noo't on the ')..,.....- day of --.N"u~l.... - ,19~, to 12 o'clbcknoon on the ;l~dayof J.l42~e....~, 191."-, at and for a rental of$ .) "'l. 17~ Q; per month payable without notice and in advance, on the first day of eacb 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: I. Th 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 tbe 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 tbe sublease or any interest therein without tbe written consent of the Lessee. 4. To use the premises only as 54-0 '-4-" -@ and to use the premises for no purposes probibited by the laws of the United States or the State of Colorado, or oftbe ordinances oftbe city or town in which said premises are located, and for no improper or questionable pllrpo."'" what'lOever, and to neither permit nor suffer any disorderly conduct, noise or nuisance bavinsa tendency to annoy or disturb any persons occupying adjacent premises. 5. To neither hold nor attempt to bold 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 pi:emises nnt herein demised, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor to hold the I.essee 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, whetber by breakage or stoppage results froui 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 ~ are to be paid by m..essee 0 Sublessee. All cbarges for heating of said premises are to be paid by 0 Sublessee. 8. This sublease is subject to ~ of the ~ and conditions of that primary lease for the premises executed by Lessee on the ~?-... day of .^ 1/ -€..+1 , 19 ~ . 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 oflhe agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. No.I047.llev.4-95. SUIlLEASE C 1983 Bradford PubJishinR. 1743 Wazec St. Denvu. CO 80202 - (303\ 292~2500 _ S-9S ~ r ~ ~ 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. ll. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Lessee may, without beiDg.obligated to do so, and without tenninating 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 tenn of this sublease. 12. The security deposit in the amount of S - 0 - shall be returned to the Sublessee, or written accounting made therefor, listiDg the exact reasons for the retention of any portion of the security deposit, within sixty (60) days after tennination 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 l\grellments 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 orror damages; ,enter into and upon said premises, ar a portinto, t1leJIlO( 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 claiining 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 far 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. IS. 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 oflive 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, ar is declared a bankrupt, then in either event, the Lessee may declare this sublease ended, and all rights of the Sublessee hereunder shan terminate and cease. TIllS SUBLEASE shall be binding on the parties, their personal representatives, successors and assigns. ADDITIONAL PROVISIONS AS'PFN - H-MU-C1Y DA-v~~~,J ~~ BLESSEE Mi'K~ Ve', +c..lA.., S44-08/( e~ w/i AS SOON ASP'B.AC'l'tO!:!''!:~ ship .11.et:w~-pne o~" th~ and a tl1ird p~lL ForiiUltance~'the,teniPci,~~,:b*il~' '~f a~at- tells"eritltled~to ItaIJ~~I.h6... hlriiseltand a stiaIiger,' or, a:t again8t'.a,:Stran~r ;i,referenee beingJ;Jlacie by" this ~orm oflVords_,tQ'tl:ie,rigl1ts of thehaiJor.',:Wh!lrton., ',..':','.,:-" "';c:""""" flescribed., ~ -'arWlcially'~ dra~-,-lf., it :,ls 'uCh~d,in',apt B.nd~techiiical_'phr~es#ld ~:. IbltS ,a sCient:l1le. arrangeID.ent."", ", ,.,.'- .'...'.,.'-'. .,.. ...., .. . -',-" .<-" ARTisAN. One' skllli;dln meklnd ot m": ~hanic~", craft . or, art j ..' a .. Bki~ed:.;lJl~~aD;ic. O'Clalr v.. Hale, 25 Mise. Rep. 31, l>4 N. Y. .~SuPP. 386; Amazon Irr. Co.":v.,Brlesen,.l AS.'IS. .A.:"Ba1e'()tgo()dS,b:f"s8.riiple"'I,'a-s_,~' j"Kan. App. 758, 41 Pac, 11i6. As use,d In lien requlres,thlit 'the'goQds ,be ot the'k!lid and 'statutes, the temi.' includes the architect. quality represented, even:: thOUgh. they be, In a 'Kan_ City .southern Ry. Co; .....Wallace,38 damaged condition. ' Schwartz T,Kohn (Sup.) Oklo 23$, 132 ,1'.llO6, 911, 46 L. R.'A,(N. S.) i55 N.,;\:. S,547,548. "":'i"~ .... ~- , ,,'hl12, :but upt,&' $1l'bcontra,ctor, 'Huff:r;naD-,V:oi:M~ ' . ,-;Donald (Tax. Cl... App.)261 S. W..l46.c 147. AS~LONG AS.,ThephraSe ..;tihong as llfe '1;'An optometrIst_is not an. ',lartisan.'~ .,Swanz doth l~t,",.~ _a,will,'ls tanta.m()Unt'1:o,~~or- ". Clark, 71 Mont. 38S, 22\JO P. 1108. ever..., ,In' re "Brown, 119 Ksh:' 402, 239 P. c;. '..; ... .. n,' _' 747. - ::,'~, ';,'!" ' '~,;ARTIST.. Under the" Immigration Law;;MaY . , J~.;1~,._52,subd.,-"d".(42Sta.~':5)~ ",artis_t';. AS OF C~LJ~S.E. "YIlder a ~ta~llt~.~ro~ding raters ~,o one skilled in trade or art;: !l': S; 'v; "that an .attachment will bedlssolTed" as o.t '::'';':'co1Xlm:tssionerof.Immigrat~9'ii:'atPo#,oiNew course," upon defenc:!4n~'"~,~:n.~~:~ appear- i' \ York (C. 0. A.) 298 F." 449, 400., " , ' ance and 1IIlng his, answer, the quoted wO:ds mean when asked.'by,defendant. Plt:man-:v. ARURA. An' old English law term; slgnlty. West, 198 Mo. App. 92, 199 S. W.7li6, 757. log a day's work in plowing. ., ARVIL-8UPPER. A feast or entertainment made ata funeral in the north of England; arvil. bread is bread delivered to the poor at funeral solemnities, and a.rvu,. a1'17Gl, or ar/aJ, the burial or funeral rites. Cowell. AS. 'Lat. In the Roman and eivillaw. A pound weight j and a coin originally weighing a pound, (called also "Ubra ;") divided into twelve parts. called "unoire." The. pa.rta were reckoned <as may be Seen In. the law; 8~ de h.mredibus. lnst. ub. :J:iil. Pand.ect) aSfollowri: 'Ufwkr,.,l'Ounce; se:rlan~,,2 ounces; trims, , ounces; qUadm",;4o 'ounces: quitI.CUn:t:, 6 'Ounces; ""'"'" 60uncee:; ,eptuna:. 7 owiees ;'bes, 8 ounces; aodrafN,' 9 ounces; de:l:taM, 10 ounces; ~, 11 ounces.._: 'J,,' '. ':'.. .', MAny, integral sum,subject to ,divisionln certain proportions. Frequently applied in the civil law to inheritances j the whole in~ heritance being termed "as,'" and its several proportionate parts "8e.21tanB," "quaaram," ete. BurrilL The term ,uas," and the. multiples of its unoire, ,were also, used to denote the "rates of interest. 2 BL" Comm. 462, note m.. AS. .. Used as an' adverb, etc., "as'; m~ns, like, simUar to, of the s&1l1e kind, ~ the same, man~ :'ner, in the 'manner lnwhich. . Vim Pelt_v. Hilllard.75 F1a..792, 78 So. 698, 697,L. R.A. 191,8E,639;,' Price v. Skylstead" 69 ,Mont. 453, . 222'P~'-l059, l060.~,'.A.s'\'may also have the meaning of :l>ecause, since, or it, being the case.that;._State.v;.-.Jt.udman, l26 Me. 177,186 A. 817, ,819; 'in the character or;under the 'name ot; State... Blue, 134 Lao 561; 64 So. 411,414; 'When; Shane Bros. & Wilson Co.:v. Barrett, U Ind. +pp.313,124 N. E. 780, 781. .......r}.,.(;.T...r", >':. . ~j..'N _"':l,, ': ."'~":;:_'" .,L:... :"'..,, .-. .....~...Gi\'II\I~T:~BETWEE.N,)L'l1ese wor9s e;c;9~ga.~t .th~:r.~~~y~ po~~~~})~$~9 ,,'per~ns, ');with a tacit ,reference to a di1'f~~~ ,~~ti'()Jl: AS'PER.' .u.A.s'per" 1s'a sort ot"law and bUsi~ ness term which is hardly susceptible of. Uter~ at translation;. but which 'Is. commonly-Under"; stood to ,mean, '.'in accordance .'with,". or".'in accordance with the terms ot.,'" orJ'aa.by ' the contract. authorized.", Continental . Bank . 4: Trust Co.... Times Pub. Co., 142 La. 209, 76 So. 612, 617, L. R. A.1918B, ,632. .eA erude phrase-in commercial.correspond~nce, avoided in good business style.'~.- . Krapp,. Comprehen':' sive Guide to Good .Englisb;.page :56. . "'C' .,<,....,::... ,...-'. ,......,-,,':(.' :' '.,".' AS SOON AS.' 'This terD;1,h;1s_'a reJatlve mean. ingaccording. to the thing,whi~li,iS'tO-be done~ ,EichelbaUD.l ~ SD.1ith~:r.. B;~S~P, :,t5:~~:: Su~r. ct. 528, 529. It often denotes, mere.1ya:rea~ sonable time; Childers v. Brown,. 81 'Or. '1, 158 P. 166;168,Ani1; Ca., 1918D,1-70;Inre varet's Estate,lSl App.Dl... 446,168 N. Y. S. 896.898; :and it may be the equivalent of uwhenever" jScboof Dist. No. 37 of 'Rice County v. Board of 'Edu'Cation of City,. of Lyons, 110 Kan. 613, 204 P. 75$,761. Some- times it means .immediately. COl,Ulpbia DJg- ger Co. ". Rector (D; C.) 215, F. 618,,630. AS SOON 'AS POSSI,BLE.' Wben used Wlth reference to"the:time;o'fperrorinirig' s()tri~ 'act, such as.- the. shipment ot goods, these words ~ean :gierely' ,!ithin a reasonable ~e. Rus. sell,do~" ...S~urgeon(Mo.APi>') 258,S. ,W. 10; :12; :~;Bi~mingham 'Pa_~J~o. V._IIolder,. 24 Ga::4P~.e30"J.Ois.,E. '692 ; InliramDay Lumb~:~~> ;.v.(},er~'a.,~~ ;'_9!;,,:}3.5~i~~S.',,!~, 100 So. 231, 285; Dllllnger... Ogden, 244 Pao 2O.90A. 446, 449; "Sturges'& Burn Mtg. Co.... American Separator 00.,,142 N:Y~.S. 697,700, 158App. 'Dl...68. "Ooril''''' "National Cash Register Co. ". lIteCann;14O' 1:<' y,s. 916, 920, 80 Mis~ 165. ("as, SOOD ,as possible": requires a ",mucbmore ,speedy- tulfillment thanwlthlD a ~~~~~~~~".~~~~~>.;,',~'::/_~'~':' :::',~:t:,:, ::~::: ;.,~'~ ;;,~ ,::,C:i:~:; . '. ,As $OON ASPRACTICABLE'~Th~.e..9fds ,'are 'not.,:,synonymous '~with."&s ~!l_,~"~ (3 /A e..IcJr I- (AA.,j' f)- c.. f t tJ" tIt.,., , 3rd Ed. , Articles of Confederation ;;.(..k1d)~,AR';rIa.mGk,'.1. to state (a ~on's:,.ofi~se$. etc.) in articles:; 2. to accuse. 3. to bmq by. the a:rtiC1es man.. agreement;~ . ..v.i. to bring charges (against) .-' "",.~ . ~ Articles of Confederation. the constitution of the thirteen: original . States .of the United States:.it_was ad~ in 1181' and replaced in 1788 b~ the present Constitution. ". .. ,.. ",_,., :.:";>,,:,-~:,:,,.': Articles of War, formerly, the code of laws gOverning members of the8.rmed forces of the United States;. a.ee UDlfOl'D1 Code Of MlUtaty Juetiee.. . .. ;. , at.tic.u.w (a.r~tik'Y()Ooo1!r). adj. {L. articularis < articu.. Ius. a joint. dim. of GTtus; see ARTICLE. ART (creation)]. of a joint or joints: as. an articular inflammation. . er.tic-u.tate (ar~tik'yoo-1iti for !I., ar~tik.'yoo-Uit'~. .adj. [L;artlculatus. pp. of articulaTe. to separate into J91nts. utter distinctly <_articulus/see ARTICULAR). 1. jom~. 2. spoken in distinct syUa:01es or words. 3. expr~ oneself clearly. 4. able to spea.k. S.well formula.ted: clearly presented: as.. an a7'ticulate . argument.. .v.t. [ARTICULATED (-id). AR.TICVLATING}..1.. to ).omt; put together by joints. 2. to utter dtstinct1y; pro- nounce carefully: enunciate. 3. to eX1)t'es&. clearly. 4. in phondics. to produce (a speech sound or speech sounds) by moving ,an articulator' phonate. v.i. 1. to speak distinctly; pronounce clearly. 2. to be jointed. 3. in phonetics. to produce speech sounds; , ar.tic.u.la.tion (ii.r~tik'yoo-li'shcm), n. (L. articulatioj see ARTICULATE],' . 1. a jointing or beiO$" jointed. 2. the method or manner of this. 3. utterance or enunciation.. 4. a spOken sound, es~cially a consonant. 5. a;oint between bones or similar parts. 6. in botany. a) a joint in a stem or between two separable parts. as a branch and lea!. b) a node or space between two nodes. 7. in phonetics. a movement of an articulator. ar.tlc.u.la.tor (ar-tik.'yoQoola't~). n. 1. a person or thing that artiCulates. 2. in phonetics. any organ in the mouth or throat which. when moved. gives or helps to give speech sounds their characteristic acoustic properties: in English, the chief articula.tors are the lips (eSoociaJly the lower lip), the apex, front. and back. of the tongue, and the glottis: the uvula is a minor articulator (co-articulator). ar.ti.fact (ar'ti-fakt'). n. (L. us, artis, skill. art + factusj see FACTJ, 1. any object made by human work. 2. in hi$tologx" 'any structure or changed. appearance ~uced artificially or by death. Also spelled artefact. ar.ti.fice (ii.r"t9-fis), n. [L. artific.i.um, .trade or profession < O1'til". artist, master of a trade < a7'S, art + faure, to make}, 1. skill: :h1genuity. 2. trickery; craft. 3. a clever expedient; artful device. -SYN. see art, trick. ar.tif.i.cer (ii.r'-tif'OJ-ser). n. b?rob. < artifice + -erl. 1. a maker or craftsman, especlaUya skirtful one. 2. a person who devises; inventqr; 3. a military m~a.nig. ar.ti.fi.cla1 (ar't3-fish'OJI), adj. [ME.: OFr.; L. artifinabs < artificium; see ARTIFICE], 1. made by human work or art: oppooed to natural. 2. made 1n imitation of something natural; simulated: as, artificial teeth. 3. unnatural or affected: as, an artificial smile. 4. in bota~. cultivated; not native.. Abbreviated art. Sl'N.-artifidal is applied.to anything made by human work. especially if in imitation of somethinll. natural.(artlfit:ial hair); synthetic is applied to a substance tnat is produced by chem- ical synthesis and is used as a. substitute for a natural substance which it resembles (~hetlc dyes)j' ersatz, which refers to a.n artificial substitute, always imp ies 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 s'Purloussignature). -ANT. natural. artificlal horizon, an instrument on an aircraft, QPerated by a gyrosc~ and ,:::mtainiIIg a liquid . level, for indicating thc posttion of the craft with reference to the. true horizon. artificial insemination, the impregnation ofa.female with semen from a male without sexual intercourse. ar.ti.fi.ci.al.i.ty (ar't9~fish'i-al'e-ti)1. n. 1. th, equality or state of being artificial. 2. LPI. 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 reguladnteiVals. ar.tU~ler.ist{ii.1:'-til'-er,~ist). n. 1. a student of gunnery. 2. an artilleryman:;~er.. . ar.til.ler.y (ii.r'-til'SN); n. [ME.; OPr. artillerie < atilier (sp.in:fl.uenced byarte) < L. *apticulare. to set aright < aptus, suitable; see APTJ, 1. formerly, apparatus for hurling, heavy missiles. as catapultl':.arbalests,.. etc. 2. now. guns of large caliber, too heavy to carry; mounted guns (excluding machine guns). as cannon: distinguished fr.om small arms. Artillery may be mobile. st~tionary ,or mounted on ships, ~lanes, etc. 3. the scIence of guns; ~~. Abbrevtated A., art., ArtY. 'the arti11er:v, tHe mllitary branch, specializing in the use of heavy mounted ~ns. . . ar.tU.ler.y.man,(ar-til'&"-t-man), n. [pl. ARTn.LER.YMBN (~I1lQn)1, a soldier in the artillery. '. .,,'. ar.tl.o.dac.tyl (ar'ti-a-dak'til), adj. (Gr. crtios. even + , daktrlos, finger ortoel, having an evenllumbCZ' of toes or dIgits. as a camel. hog, etc. n. any hoofed mammal having an: even number of digits. at.ti'8aD (iir't9-z'n), n. [Fr. < It. arUgiano - < LL. W ~.A~r'k;4r A/~ 84 as ',. *q.rti#anus < L. arliltUt~. of arlire. to instruct in arts . <-MS. artis; art]. as' workman or craftsman. art.ist, (ir'tist). n. (Fr. artiste: It. arthta < L. 01'$. GTti.$ art], .1~'a.person who works in or is skilled in any of the fine. espec;ia11y graphic. arts. 2. a person, who does anY:$.ing very well. with a fee1ingJof form.. effect, etc.: as, his cook is an artist. 3. an artiste, Abbreviated art. ar.tiste(ar~test'), n.. [Fr:; see ARTIST], '1. a skilled pr0- fessional entertainer. 2. a J]:erSCln Yen" skilled in some trade or occupation: often humorous or facetious. ar.tl8:.t!c (ar-tis'tik), adj. (Fr. artisl1lluel, 1. of art Or artists. 2. done skillfully; aestheticany satisfying. 3 that appreciates art and beauty; fond of the fine arts: ar.tis.tJ.caHy (ii.r-tis'ti-k'l.i, ir~tis'tik~li). adv. 1. in an artistic manner. 2. from the standpoint of art. art.ist.ry (ar'ti~tri), n. .1. the practice or pursuit of art, 2. artistic quality, ability. .work. or workinanahip. art.less, (art'Iis); adj. 1. lacking skill or art; hence, 2. uncultured; i,gnorant. 3. not artisti!;; clumsy; crude. 4. without artificiality; simJ:lle: natur81. S. wlthout guile or deceit! ingenuous; innocent. -SYN. see naive. Ar.tois (ar'twa.'). n. a fonner provin~ of northern France. art.y (ar'ti), adj. [ARTIER (.ti-&). ARTIEST (-ti-ist)], [Colloq.], pretending to be artistic; ostentatiously artistic. Arty., Artillery. Ar.tzy.ba.shev,; Mi.kha.n (mi-khQ-et'itr'tsi~ba'shef), 1878-1927; Russian novelist. A.R.U., American Railway Union. A.ru.bS. (a~roolb9), n. an island in the. Netherlands Antilles, off Venezuela: area, 70 sq. mi.; pop.. 55.000. A.ru Islands (a'rOO), a group of islands m the Nether. lands East ,Indies, southwest of New Guinea: area, 3,326 sq. mt.; pop., 18.000: also spelled Arru Islands. ar.um (~r'em). n. [L.; Gr. Mon, 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,ceQu8 (a-run'di-nii'shas), adj. (L. Mundi- naceus < arundo, reed, cave]. of or Uke a reed. a.rus.pex (e~rus'peks). n. IPt ARUSPICES (-pi~sez')]. a soothsayer: see harult~][. A.ru.wi-tni . (a.'roo.we mi). n. a river in the northern Belgian Congo. flowing into the Cong<l:: leDJtb, 800 mi A.R.V., American Standard Revised Vers10n (of the Bible). printed in 1901. ~ar'f (er'i; also, chiefi:t Brit., er-i). 1. [L. ~arius, ..aria. ~ar;um],a suffix meanIng relating to, connected with. used in forming adjectives and nouns, as Gu=iliary. dic- tionary. 2. [L. .a7'is], a suffix meaning relating to, like., as in military: also ~ar. as in nudear. Ar.y.an (1r'i04n, ii.r'y.ln). adj. fSans. ar-ya, lord, master, ijrya, a tribal name; akin to O:Per. ariya. a tribal name; orig. applicable only to the lndo--Iranian tribes. but popularized in a ",.rider sense by Max Muller and less reputable authors; not connected. with Eire. Ireland. IrishJ. 1. formerly, designating or of the family of langu~ th8.t includes Iranian, Sanskrit. and most of the Eur~ l~es; Indo.European.. 2. des- ignating or of the Indic and Iranian branches of the Indo-European family of languages. 3. of the Arvans. n. 1. the hyp.othetical parent language of the Indo- European family. 2. t:l. person be101lJing to, or supposed to be a descendant of, the prehistonc 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 ethnologil3t$ as false. that peoples who spoke the same or related languages must have had a common racial origin,. Mi$USC of Aryan has led to its repla~ent in scientific discussion by Indo- European (in-sense 1 of the n. & adj.). .. - '.. Ar.y.an.ize (h'i-Qn~iz', ar'yen-iz'). v.t. [ARYANI%ED (.izd'), ARYANIZING]. 1. to make Aryan. 2. in Na,zi usage, to rid of (so-called) non-Aryan elements. See Aryan., . . ar.y.te.noid (ar'i-~'noid), adj. [Gr. arytainoeide.s, ladle. shaped < arytcina, a,ladle, cup + eidos, fonn], 1. des- igpa,ting. arm two small cartilages. at the back. of the: larynx, connected with the vocal cords. ~. relating to; any of certain muscles in the larynx. n. . 1. an a.ryt~- noig,cartilage. 2. an arytenoid mu.sc::le. . -, as (sz; unstressed. az), adv. [weakened form of also: ME; as, asej AS. alnva.ealswa~ al, eall, all + swa;so; li~; wholly so, quite so, just aSJ!". 1. to the same amount or d~g:ree: eQually. Example: 1 am as good as he. 2. for instance; thus: see the use of as throughout this die-of tionary after a definition and bdore an example . usage. con;. 1. to the same amQunt or degree that; Example: It :flew $traight as an arrow. 2. in the same manner that; according to the way that. Example: Do as you are told. 3. at the same titp.~ that; whi1~ Example; She arrived as I was leaving. 4. be<:auS~t. EX3nl.ple: As you object, we won't go. 5. that the co.11;: sequence was. Example: The question was so obviou.:l,,: as to need no reply. .6. though. E~ample: Tall as lie" Wl1S, he couldn't l'(!ach the apples. j)ron. 1. a fact thati'; Example: He is tired" as anyone can see. 2. that (prej;i /) 1~~f"')"Ctr ' studding r448 stUln. ' stud;d!~ (stud'i2)l,n. 1. th~~tu#,:,'of abui14i.rig::~ .2., the fill' (a chic,ken. turkey,. etc.). with seasoni;lg~\\'" matenaHorthese; .... .-0 '. ",.," ,.-. ',. ..... ..crumbs. etq:. before roasttpg. 2.4) t.ofill toofu1P stud.diDJt.,sai1 (,stud, 'il]-sa1'j in1UJ., . Utical usage,: stun's'l), ~ overload~as..the, drawer IS stuffed Wlthpapers,:bp n. [?'< D::stooten. to. p'u.sh.ur~ -00; a.1ciri tE? G.stossen. to. exce;sswith.fooct~. u.>:fill wit:l?:; P8:Ck or cran:1"" topush:+sail];anauxtliaiysall,usUallfof.1i2htcanvas. crowd_lD:- ,4:.'to.fi!l Wlth.informat1.011.1deas, et<:;::' set oU~the edge ofa worlcingsail UI. liglitweather .'3'Iuffedhis head'Wlth facts;1. .5; to. put fraud ~~:"~L~})~.~;Dfffi.L;~~,~~~~I~~~~,_: :.=. <:p~~o~}~~;tofl~if~;~L'_.. stu.deo.t"(st60'd'n:t.' stU/d, 'nt):"n,.:\[ME("$ttUuanu;...~," 'sl#ffed a~n,' dkerChief m,' .to. his pocket., 8'i,':'~ date < OPr. atudiC'ntj L. stUtkns, ppr. of ~tu.dert;.to be .(1ea~herl Wlth.,a ~rep~tion of oUand t~OW'f ~ abou~ .study], . 1.' a' 'person" who.; "studteS;'. or seJ'V1Dg It. V.I. to ea.t too mUCh or too qUlCkly. investiga.tes:-as; a. student. of' human beha.vior. .,.2.:,a .tufted shirt. (~~). [Slang]. a pompous, -pt ,~' person who is enrolled forsfudy at a schoo1.coll~ :.buta.ctua1ly~gnffican~ ~ :'-~~'t. ete Abbreviated stud. -SYNi see: pupil.'.' ," ",' stuff.t.1y (stuf'a~1!1. ~dv. ttI. a stuffy manner. ','''r] student lamp, a re~ lamP'in which tlle ~c:m. stu,.fi.ness. (stuf'I,~nis), n'tlte qUality or ,condi s~~~~~;:Yfsf~j~t:~sia'd'nt..ship'),nY;[~ s~~r~,U}):~: 1. ~ '~ion of fi1lin2,,:~'::"J~ ~SBIP], L a Scholarshi.p. 2. the state-of being a student. :gorg1;1g. 2.. something. used to fil1.or st~.s . sf::'~~S~d~~'.?,~.:,a.~~o,~.,~~~}~,:))~~:>p~~e~~~~tc.~:S ~~: stu(i.led (stud'id), adj.:, :-1'.: ~d or: plantled!>y -~bs, seasomng, ~tc., for stuffing a fowl, careful study. 2~ deliberate;preD?:ec:l1t;lteq: a~. studud .the.1ike before cooking. '.',:; h.\diife.rence._3.j~.~t.I~ed;-"'-"",,: J"'_;)i:,''-',';.,. st;ufIinQ. ~J:,.a,-chamber that holds >>acking,:,:,. S:tU'di'(),;{stoo'c:1ioo()~~.~~<ii-o'), n;o ;,lPl...., STtJI)IQS <~)]. ~~~ a 1Tl0VUlg' part, as a . .' '; --, :i, [I~.,,~, study).: ::,l''::,a,.rOd1l1,'buildhtg,,:etc/'in. whi, ch:an,~' ,rod, boat propell~", ~ '~lClNG ;:.;: ~ artist'doeshiSwork.' 2."& plaCe wliere"nlotion piCtures .'Shaft, etc.., to,~t leak~ ". are professionally produced.'- 3. '8' room;' 'or,: rooms 'a~ of flUld ~ong t.he part." ~~ :s: espeCia11y d~ed for producing 811(\:_~trlitting stiif.fy (Stuf'I); ,ild}.[STUF~: raOioor televiston}>I'9SI:ams. ' .-'.'. "',1-,,, FIEB. (~i~),~STtJFll'.IEST (wi. studio couch.-a kind Of sofa that can be ' opened ,into ist)]'Jstufl + '~Y]" 1. PQ!)fly a full--sized bed;" . ..,.. . vent' atea.;. ):iavmg little stu.eli.ous. (st60'di-es, stil'di..as), adj. [ME. studiouse; freshairj. close. 2. having L. studiosus), 1. fond of, or often engaged in study. the uasa pa.ssages~d 2. chaiacterized by careful heed or attention; ihought- up, as from. a 'cold. 3. ful; zealous. 3.. ~are], studied; deliberate. 4. [Poetic], [Colloq.J, dull; stodgy; .not conducive to study. . mterestmg or stim-iilating. ,'. stud P9ker, a variety of the game of poker in which 4. rColloq.l. conservative; STUFFING1,'t' each player is dealt five cards, the first face down and o1d~lashioned. 5. [Collqg.!, . BOX~. the others face up. the bet~ being done on each round yri1:p.; strait-laced. 6. (Co loq.), s:u1ky; obstinate.:: of open cards dealt: sometimes seven cards are dealt, Stu.ka (stoo'kai.G. shtoo'ki), n. [< G.,sturzkam the first two, and often the last. face down. ze11g; stuTZ, a fall + kamPf, a battle + flugzeug, . stud.work (stud'wtirk'), n. -work 'done' with -studs. a German dive bomber of World War II. _"';~~ stud.y (stud'i). n.(pl. STUDIES Hz)]. [ME. ,'.dk; OFr. stull (stul). n. (1 < G. s1ollen, . a support. propl;' estudie; L. studium,a busying oneself about a thing, several kinds of supports or frameworks used m~ ' zeal.. study < stUdere, to busy oneself about. apply one- to ~t cave-ins, support a platform. etc:. ",,~ self to. study], 1. the act or ~ of applying the stul.ti.fi.ca.tlon (stu1't3-fi~ka.'shan), n. a stultif mind in order to ~uire knowle~, as by ~, in~ being stultified. . .. ;I ves~ting. etc. 2. careful attention to,and cntical stul.ti.fi.er (stul't3-fi'er), n. a person or thing '. exammation and investigation of, any subject, event, tmes.. , . .. ",( etc.: as. after stud" of the matter, the judge gave his stu1.tl.fy' (stul't&-fi'). v.t. [STULTIFIED (~fid'); decision, the stud" of human nature. 3. a branch of FYINGl, ILL. stuUijirore <~. stuUus, foolish +--: learning; department of k:now~. 4.1'1. education; to make, 1. to cause to ap~ foolish, stupid;, schooling. 5. a product of study (senses 1 &: 2); s:pe- sistent, ,etc.; make absurd or ridiculous. 2. to' cifical1y, a) an essay. mono~aph. or,thesis embodymg beofnoeffect;ma.kewortblessoruse1ess:as.bis the reSults of a particular m~ation. b) a work of behavior stuUifies his previous efforts. 3. in:_ ". literature or art trea~ a subject 10 careful detail and allege (oneselior another) to be of unsound . made primarily as an instructive exercise for the maker. hence, not legally responsible. ,.; -'j';~" c) a first sketch for a story, picture; etc. d) a short stom (sturn), n. [D. slam, must < slom,dumb; musical composition as an exercise in technique; etude. mn mud &: G. stumm, dumb]. 1. 1rr3.~ juice: 6. an earnest effort; deliberate intention: as, his con~ unfermented or only partly fermentea.. 2. wine.' stant study is to do a job welL 7. abstracted state of by the addition:of stum to increase ferment&:' mind; deep thOUB'ht or mental absorption.--' 8. a room fSTUMMED (stumd), STUMMlNG1, [D; stomme#i( desi~for study, ~ti!lR,r~J etc., usually with n.], to revive ,(wine). by the additIon of ~l;:,'- bOOKS. a desk, and similar furnishings. 9. a person, stum.ble (stum'b'l), Voi.[STUMBI.ED (~b'ld), s especially an actor, with reference to his ability to {ME. skmWltin, stomderi. prob < ON. * memorize or learn: as, John is a quick study'. v.t. Norw. stumla-. to stumble in the' dark, etc.y<'tli [SrupIED (-id), STUDYING], 10 to.apply 9ne:smind to at- seen!n stammer]. 1. to trip or mi~ one's stepin,_" tentlvely; try to learn by readmg, thii:lk~, etc.: as, run.wng, etc. 2. to walk or go tn an unsteadY' study histQI'Y. 2. a) to examine or investigate care- ward manner, as from ~weakness, etc. 3.':to'" fully: as, r shall stJ" your problem. b) to look at care~ act, or proceed in a'comttsed blundering mamiea fully; scm.tinize: as, he studied the map. 3. to read .(a stumbled through hiS recitation. 4. 'to falliIi: book, lesson, etc.) so as to know and understand It; en'or; do wrong.' S. to cOme by chance; ha ' hence, .4. to memorize. S. to take a course in, as at a I stumbled across a clue. v.t. to cause to sttunb school or college. 6. to' pay attention to; gjve care and the act of stumbling~ 2 a blunder error; thO\1g!lt..to:?oS!)~,e-!~~dies~odC?the.rightth~. v.i. 1. stumblilW. block. so~ that causes:, .,,, to appry the mtnd m order to acqwre.1cnowledge. 2. toobstacle,liindrance, oniifficUlty. ',. :'.'!"", be a student; take a r~ course In some branch of stump (stump), n;[ME. stumpe, stompe' ~o_ knowledge. 3. to meditate; ponder. -SYN. see con- stumjJ7' or the cognate MLG. stu.mp, MD. $tMiJ. sider. . as in STUB],. 1. the lower end of a tree or study hall. m some sc~ools,s. ro91U where groups of ing in the ground after most of the stem students can study dunng free penods between classes. been cut off. 2. anythiI!g like a stumfl; stuff (stuf), n. [ME:. stojfe; OFr:' estojfe(Fr. ~toj[e, thepartofalimbortootlileftafter,the,rest material); prob.<L. stuppa', tow (cf. STOP)], 1. the ofi, broken off, etc. b) the part of an~ material or substance out of.which any$ing is or can main or important,part has been removed,. be made; raw material. 2. constituent elements; basic' butt; stub: as,: the stum/I'of's. pencil/ .3; a' parts; essence; character: 8Sr he is made of sterner stuff person or animaL :4. t1ie place where a_poll than his brother. 3. any kind of matter, indefinitely. 1$ made; {>Olitica1 rostrum: so called b~ 4. cloth, especially woolen cloth. 5. /I) household were' oYjgi;lallymade from tree stuttl.p~l,i':... goods. p) personal belQngings; c) objects; t~. ..6. sound ofaheavy, clumsy. tram.pingstep;'b). somethIng to be drunker swtillowed; esoecii11y; a 6. a pomted'rubber stick or 8 heaVY, JlO1E: medicine or potion. 7. worthless objects; retuse; julik. pa~ used forshad~ charcoal or plmcil' 8. foolish or worthless ideas, words, etc.; nonsense: often 7 .Worn:ler, Collqq.},- a darej challenge. 8~:p'l.:(. ,,:~a~ ~ i]lterjection ex~ disagreement. de- l~ .9. in' cricket,:'any,ofthe three upright. nSlon, lmtatlon. etc. v.t. L.~E; 8stoffen; OFr; eswffer WICket. . v.t., 1. to 'reduce to a stumPi' 1 < e~R~~~' 1. to fill the insldeof (something); packj movestumpsfronl(land). 3.tocanvass.ot::. spec' y, a) to fill (a cushion, ch&ir. etc.)witb :pad~'''' (a district). making political speeches. 4.U' ';-'c ding or stuffing, as an u,Pho1sterer does. b) 'to fiU the, .orsoften'with,a stump ~ense 6). _ 5. [Co l?Q,! skiof.n of (a dead animal, bird, etc,) ,as Ran of the process':" ,(one's, .toes, ,etc.). . 6.- COlloq;l,d-to.PU'-d mounting and preserving, as a taXIdermist does; c) to baffi.e;'f011.:.""7. ,. Colloq., to Cftallenge;3: ."^ f>>~Ior-.f.ct'(f tVUu Ivllrl,; ~ re..l1t1i1ift.,.? ;\1 ..., " ..~ ... TELr:.PHONE 970-925-1885 DENNIS B. GREEN Attorney at Law 117 SOL'TH SPRINGST., SLUE 1 ASPEN, COLORADO 81611 TELECOPIER 970-925-8967 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 preliminaIy research into FIfSt 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 Str~ 20 NY2d 231, rev'd other grounds 394 U.S. 576, Schneider v Ohio Youth Com 287 N.E. 2d 633, and Miami 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 individuals to violate an unclear law or 1 .~ ~ 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, ,,' ~, ~~---., o e:::;' /.- " 2