HomeMy WebLinkAboutcoa.cclc.ag.01202010COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
130 S. GALENA
SISTER CITIES MEETING ROOM
January 20, 2010
8:30 A.M.
8:30 I. Roll call and approval of minutes ,Jan. 6, 2010
IL Public Comments not on the agenda (please limit your
comments to 3 minutes)
III. Special food Vending -Drew Alexander
IV. Barry Stout -polo update.
10:30 V. Adjourn
MEMORANDUM
TO: CCLC
FROM: Drew Alexander, Planner Technician
RE: Special Vending Locations
MEETING DATE: January 20, 2010
In 2009, City Community Development initiated work sessions in response to a highly active year of
outdoor merchandising, food vending, and overall signage. The work sessions were intended to examine
and address those areas of the Land Use Code (Code) where expectations were not being met.
Community Development held work sessions with both the CCLC and City Council. In addition to the
work sessions, ACRA assisted the City by assembling a survey distributed to local retailers and
restaurateurs that attempted to reveal any concern or support for existing conditions.
The work sessions provided direction that prompted Staff to begin drafting Code amendments. Currently,
Code changes pertaining to banners on Main St. light posts, outdoor merchandising, and temporary food
vending have received recommendation by the Planning and Zoning Commission. These changes will go
before City Council for final review (date pending).
During the drafting and research phase of these Code changes, a new addition to the Temporary Outdoor
Food Vending section of the LUC was created. While examining similar resort communities, Staff
discovered a prevalence of special vending districts. These areas provided entrepreneurs a unique outlet
to establish a food vending cart. Locations were limited, and were often located on public right-of--way,
malls, or open space. Review criteria and scoring systems were created to aid in the selection process.
Permits were limited, and revocation could occur at any time. Most approvals were seasonal, occurring
only in the summer or winter months.
Special vending locations in Aspen could create more options for residents and tourists alike, and
possibly bring vibrancy to areas of town that lack pedestrian traffic. There is potential for small seasonal
food carts to locate in appropriate alleyways, parks, or bus stops within the city.
Staff felt that this type of food vending system deserves a discussion before [he CCLC due to its inherent
effect on local restaurant owners. As a result, the attached language was not a portion of the Code
changes that have gone before P&Z. Staff believes that if a system like this were implemented, that the
CCLC would be the appropriate regulating board. Staff understands that this idea may not work, and if
the CCLC does not believe it would be beneficial to the City's business environment then it does not need
to move forward.
Attachments:
Exhibit A: Draft Language
Exhibit B: Telluride Special Vending Locations
~~C t-}-1 i3 I 1 ~'
a) Special Vending Locations: There are five (5) locations in the City of Aspen that may
grant a temporary food vending permit after receiving a special review from the City
Clerk and CCLC. These locations are intended to promote vitality to public and
privately-owned property that host special events and that also experience high levels of
pedestrian use.
Requirements
a. Locations on public property must obtain indemnification and liability
insurance. As a permit condition, persons engaging in vending activity
shall agree to indemnify and hold harmless the City of Aspen, its officers,
employees and agents against any and all claims for damage to persons or
property arising out of or resulting from the pennittee's actions or
omissions in the permitted use. Vendors shall also maintain
comprehensive general public liability and property damage insurance in
amounts no less than one million dollars ($1,000,000) per person and two
million dollars ($2,000,000) per incident. Insurance policies shall name
the City of Aspen, its officers, employees and agents as additional
insureds and shall provide that the insurance is primary and that no other
insurance maintained by the City of Aspen will be called upon to
contribute to a loss covered by the policy. The policy shall further provide
written notice to the Town prior to cancellation or material change.
Evidence of such insurance is required prior to permit issuance.
2. Selection of vendor shall be made by the owner of the subject property. For
Special Vending Locations on public property, the decision shall be made by the
CCLC and the City Clerk. For Special Vending Locations on private property,
the decision shall be at the discretion of the property owner. These decisions shall
be based upon the following criteria:
a. Diversity/Vitality
b. General upkeep, appearance and safety of the vending cart
c. Prior history of food vending within the City of Aspen
d. Compliance with the City of Aspen Land Use Code
3. Locations:
a. Rio Grande Park
i. Permits allowed: one (1)
ii. Size of cart allowed: 3' x 5'
iii. Location: assigned site along Mill Street.
iv. Season: Summer season, May 10 through October 15
b. Wagner Park
i. Permits allowed: two (2)
ii. Size of cart allowed: 3' x 5'
iii. Location: assigned sites along the pedestrian way bisecting
Hyman Ave. and Durant Ave.
iv. Season: Summer season, May 10 through October 15
c. Rubey Park Bus Terminal
i. Permits allowed: one (1)
ii. Size of cart allowed: 3' x 5'
iii. Location: assigned site, determined by property owner
iv. Season: Summer season -May 10 through October 15, and/or
Winter season -October 16 through May 9.
d. Durant Ave. /Cooper St. Alley way
i. Permits allowed: four (4)
ii. Size of cart allowed: 3' x 5'
iii. Location: assigned sites along alley way
iv. Season: Summer season -May 10 through October 15
e. Gondola Plaza
i. Permits allowed: two (2)
ii. Size of cart allowed: 3' x 15'
iii. Location: assigned site, determined by property owner
iv. Season: Winter season -October 16 through May 9
~x Fr 113 i T jj
Vending history will be determined by
reviewing the names on Town-approved appli-
cations.
Vending Subcommittee, Council means two
(2) Town Councilpersons assigned by the
Town Council, and the Town Clerk.
Yard sale means the sale of personal goods
occurring on public or private property. (Prior
code 5.12.020; Ord. 1252 §1, 2006; Ord. 1288
§1, 2007)
Sec. 6-4-30. Activities allowed without a
permit.
The following activities are allowed without a
permit, provided that the activity or use does not
constitute a hazard to public health, safety, wel-
fare and/or property or violate any other law of
the Town. Nothing herein shall prohibit occa-
sional ticket sales or fundraising without the use
of a display apparatus by a nonprofit organization
or any activity allowed under Chapter 11, Article
5 of this Code:
(1) Entertainment for which no fee is
charged and which is not subject to regulation
under Chapter 11, Article 5 of this Code.
(2) Free distribution of information, flyers,
pamphlets, brochures or petitions.
(3) Display of advertising on a carried
sandwich boazd.
(4) Individual or group yard sales at any
one (1) location not exceeding three (3) con-
secutive days in duration and totaling not more
than eight (8) days per yeaz.
(5) Sales by children under the age of
fourteen (14) years of age with items for sale at
a cost of a maximum of three dollars ($3.00)
an item.
(6) Use of the permanent table next to the
kiosk on the comer of Colorado and Pine by
nonprofit organizations.
(7) Farmer's market activity on public or
private property authorized by the Town.
(Prior code 5.12.030; Ord. 1252 § 1, 2006)
Sec. 6-4-40. Vending on public property.
(a) Rules.
(1) Permit required. It shall be unlawful
for any person to engage in vending activity on
public property without a permit or without
compliance with the provisions of this Article.
(2) Application required. An application
for a vending permit, including a drawing of
the proposed display appazatus and proposed
signage, shall be submitted to the Town Clerk
by published deadlines. Deadlines will be not
less than two (2) months preceding the next
season. The application shall be in a form pre-
scribed by the Town Clerk and shall be for a
specific vending site. Application for multiple
sites is allowed but is only granted at the dis-
cretion of the Vending Subcommittee. Any
application for multiple sites should prioritize
the wishes of the applicant. The Town Clerk
shall forward applications to the Vending Sub-
committee in a timely manner, after deter-
mining that the application, including fees and
evidence of insurance, is complete. The
Vending Subcommittee shall approve or dis-
approve all applications prior to the com-
mencement of vending activity.
(3) Indemnification and liability insurance
required. As a permit condition, persons
engaging in vending activity shall agree to
indemnify and hold harmless the Town, its
officers, employees and agents against any and
all claims for damage to persons or property
arising out of or resulting from the permittee's
actions m' omissions in the permitted use.
Vendors shall also maintain comprehensive
general public liability and property damage
insurance in amounts no less than one million
dollars ($1,000,000.00) per person and two
million dollars ($2,000,000.00) per incident.
Insurance policies shall name the Town, its
officers, employees and agents as additional
insureds and shall provide that the insurance is
primary and that no other insurance maintained
by the Town will be called upon to contribute
to a loss covered by the policy. The policy
shall further provide written notice to the
Town prior to cancellation or material change.
Evidence of such insurance is required prior to
permit issuance.
(4) Other licenses required.
a. Applicants shall obtain all required
permits or licenses from all applicable gov-
emmenta] entities before a vending permit
is issued, including but not limited to a
Colorado sales tax license, a Town business
license and, if the vending activity includes
any food product, written approval from the
San Miguel County Environmental Health
Department. Vendors must be current with
the Colorado sales tax and Town excise tax
prior [o the issuance of a permit. Thereaf-
ter, timely payment of taxes is required to
maintain a permit.
b. The vendor shall prominently display
all required permits and licenses on the
vending apparatus or, if no such apparatus
is used, shall make such permits available
upon reasonable request by any member of
the public or official of the Town.
(5) Nontransferable. The vending permit
is not transferable or assignable.
(6) Noninterference. No person engaged
in vending activity shall make any unnecessary
sounds or noise, obstruct any sidewalk or other
public property, disturb or impede other per-
sons or otherwise author any public nuisance.
The use of radios, stereos and tape decks in
connection with any vending activity is pro-
hibited.
(7) Display apparatus.
a. Display apparatus, if used, must be
no larger than three (3) feet in width, five
(5) feet in length and seven (7) feet in
height, excluding umbrellas and other
similar devices. The use of tents is prohib-
ited. All accoutrements must be contained
in a 5' x 8' area. Accoutrements must be
necessary to the business.
b. All display appazatus shall be
removed from public property at the end of
each working day except in extraordinary
circumstances and with prior written notifi-
cation to the Town. Dogs may not be
hitched to the display apparatus.
c. Signage shall be painted on or
attached to the display apparatus, and a
drawing to scale of the proposed signage
shall be included in the application. Signs
on display apparatus shall not exceed cov-
erage of fifty percent (50%) of the front of
the apparatus and fifty percent (50%) of
each side of the apparatus and shall not
appear on umbrellas or other similar
devices that extend above the display appa-
ratus.
d. The use of generators is prohibited.
(8) Area maintenance.
a. A vendor shall maintain both the per-
mitted area, the immediate area surrounding
the permitted area and the display apparatus
in a neat, clean and hazard-free condition.
Applicants must provide a written plan for
disposal of trash generated by the business
or pay, in advance, a Town trash fee of
Forty dollars ($40.00) per month for pick-up
of trash from nearby public containers.
b. Oak Street Mall vendors may not set
a display apparatus on the grassy area.
Public picnic tables may not be used as dis-
play apparatus. Farmer's market vendors
must protect the North Spruce Street Mall
grass by daily changing the siting of prod-
ucts, placing carpet under personnel sta-
tions and rerouting pedestrian traf&c before
the grass becomes impaired. Spruce Street
vendors are allowed to use an 8' x 8' "EZ
UP" type awning to protect produce from
the sun.
(9) Fees. The required application fee
shall be submitted with the application. All
permit fees shall be paid before commence-
ment of the vending activity.
(10) Choice of vendors. Sites will be
approved and assigned by the Vending Sub-
committee. The Vending Subcommittee shall
consider the following factors when deciding
which applicant shall be issued a permit.
Points will be allocated as shown below:
a. Diversity (in Town and by vendors)
of offered food, goods, wares, merchandise
or services - up to three (3) points;
b. The number of years the applicant
has lawfully vended on public property in
the Town -one and one-half (1.5) points
per season;
c, Appearance, quality, safety and
attractiveness of the display apparatus - up
to three (3) points;
d. Compliance report review -points
taken away for infractions; and
e. Years that applications are submitted
but not granted -one-half ('/:) point each
application.
(11) Abandon/surrender.
a. Upon determination of abandonment
of a permit, past vending history points will
return to zero.
b. Dwing Summer Season (May 15 to
October 14), a vendor who does not partici-
pate in a vending activity for fow (4) out of
seven (7) days (Sunday to Satwday),
weather permitting, without prior written
notification to the Town Clerk of extraordi-
nary circumstances, will be considered to
have surrendered and abandoned his or her
pernrit, except that vendors are allowed
fourteen (14) vacation days to be taken at
the vendor's discretion.
c. From December 20 to the day
following official closure of the ski area, a
vendor who does not participate in vending
activity for two (2) out of seven (7) days
(Sunday to Saturday), weather permitting,
without prior written notification to the
Town Clerk of extraordinary circum-
stances, will be considered to have surren-
dered and abandoned his or her permit,
except that vendors are allowed fourteen
(14) vacation days to be taken at the ven-
dor's discretion.
d. From October 15 to December 19
and from the day following official closure
of the ski area to May 14, vendors have no
minimum days of mandatory activity.
e. A vendor, after receiving a permit,
may begin [o vend earlier than the season
start time if a site is vacant.
f. When a space has been abandoned,
the Town shall have the right to reassign
vacated spaces to another applicant. The
Town Clerk reserves the right not to
authorize an absence where extraordinary
circumstances have not been demonstrated.
(12) Modifications. The Town Clerk may
approve insubstantial modifications to this
Section as long as the intent of this Article is
net. The Town Clerk may adopt additional
rules and regulations for administering all
permits, and all applicants shall comply with
said requirements. Vendors will be notified in
writing of changes to rules and regulations
prior to implementation.
(b) Vending azeas, allowed uses, application
fees and permit fees.
(l) Oak Street Mall area (North Oak
Street/Elks Park):
a. Permits allowed: four (4).
b. Application fee: ten dollars
($10.00), nonrefundable.
c. Allowed use: sale of wares, goods,
merchandise or food from a display appa-
ratus.
d. Location: assigned sites (four [4]) on
Colorado Avenue at Oak Street.
e. Permit fees:
1. Summer season, May 15 through
October 14: five hundred dollars
($500.00).
2. Winter season, October ]5
through May 14: two hundred fifty
dollars ($250.00).
(2) Oak StreeUSan Juan/Gondola azea:
a. Permits allowed: one (1).
b. Application fee: [en dollars
($10.00), nonrefundable.
c. Allowed use: sale of wares, goods,
services, merchandise or food from a dis-
play apparatus.
d. Location: assigned site on Town
property.
e. Permit fees:
1. Summer season, May 15 through
October 14: five hundred dollazs
($500.00).
2. Winter season, October 15
through May 14: two hundred fifty
($250.00)
(3) Spruce Street Mall area:
a. Permits allowed: two (2). There
shall be no simultaneous vending by ven-
dors. Each vendor is limited to operating
two (2) days per week. Criteria for assign-
ment of days shall be by seniority and a
lack of negative reports.
b. Application fee: ten dollars
($10.00), nonrefundable.
c. Allowed use: sale of fruits, vegeta-
bles, nonalcoholic beverages and flowers.
d. Location: North Spruce Street Mal].
e. Permit fees: June 15 through Octo-
ber 31, two hundred dollars ($200.00).
(4) Mobile vending:
a. Permits allowed: ene two (k~
b. Application fee: ten dollars
($10.00), nonrefundable.
c. Allowed use: sale of food and
nonalcoholic beverages from a nonmotor-
ized device a device cowered by a quiet
electric motor or similar clean cower
source, or a wagon, cart, tray or basket.
d. Location: public rights-of-way.
e. Permit fees:
1. Summer season, May 15 through
October 14: five hundred dollars
($500.00).
2. Winter season, October ]5
through May 14: two hundred fifty
dollars ($250.00).
(5) Town Park area: No vending activity
shall occur in the Town Park except during a
major or minor festival event as defined by
Chapter 11, Article 5 of this Code in accor-
dance with any such festival event permit, or
except as may be permitted by the Recreation
Director.
(6) Payment rates for all azeas may be
changed by resolution of the Town Council.
(Prior code 5.12.040; Ord. 1252 §1, 2006; Ord.
1288 §l, 2007)
Sec. 6-4-50. Vending on private property.
(a) Permit and owner authorization required.
It is unlawful for any person to engage in vending
activity on private property without a permit and
the written permission of the legal owner of the
property.
(b) Permit review and approval.
(1) An application for a vending permit,
including a drawing of the proposed display
apparatus and proposed signage, shall be sub-
mitted to the Town Clerk for approval or dis-
approval prior to commencing vending activ-
ity. The application shall be in a form pre-
scribed by the Town Clerk.
(2) The Town Clerk may approve the
application only after determining that:
a. The application, including fees and
insurance evidence, is complete;
b. The written permission of the legal
owner of the proposed vending site has
been obtained;
c. The proposed vending activity is
consistent with the purposes and require-
ments of this Article;
d. The vending activity is consistent
with the permitted uses in the zone distract
regulations of the Town;
e. The applicant has the ability to com-
ply with the requirements of this Article
and any necessary permit conditions;
f. Applicable rules and regulations for
permit administration have been met; and
g. The Vending Subcommittee has
approved the display appazatus.
The Town Clerk may adopt additional rules
and regulations for accepting, reviewing and
administering all permits, and all applicants
shall comply with said requirements.
(c) Indemnification and liability insurance
required. As a permit condition, persons engaging
in vending activity shall agree to indetnnify and
hold hatniless the Town, its officers, employees
and agents against any and all claims for damage
to persons or property arising out of or resulting
from the pemrittee's actions or omissions in the
permitted, use. Vendors shall maintain compre-
hensive general public liability and property dam-
age insurance. General vendors shall provide
coverage limits not less one million dollars
($1,000,000.00) per person and two million dol-
lars ($2,000,000.00) per incident. Insurance poli-
cies shall name the Town, its officers, employees
and agents as insureds; and shall provide that the
insurance is primary and that no other insurance
maintained by the Town will be called upon to
contribute to a loss covered by the policy. The
policy shall further provide written notice to the
Town prior to cancellation or material change,
Evidence of such insurance is required prior tc
permit issuance.
(d) Other licenses required.
(1) All applicants shall obtain required
building or other permits or licenses from all
applicable governmental entities before a per-
mit is issued, including but not limited to a