HomeMy WebLinkAboutordinance.council.031-10 ORDINANCE NO. 31
Series of 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING CHAPTER 23.50 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO
IMPOSE AN ADDITIONAL 1.0% VISITOR BENEFIT AND PROMOTIONS TAX AND
DECLARING AN EMERGENCY
WHEREAS, the City of Aspen is a world renowned tourist destination; and
WHEREAS, the continuation of a healthy tourism industry is essential for the economic
well -being of the City of Aspen and the general welfare of its citizens and such an industry requires
a continuing investment in the planning, promotion, and development of the City of Aspen as a
world renowned travel destination; and
WHEREAS, the City Council has determined that it should be the policy of the City to
guide a sustainable and coordinated tourism industry in the City of Aspen; and
WHEREAS, the City Council has determined that such an effort should be financed, in part,
by a one percent addition to the Visitor Benefit and Promotion Tax upon the leasing or renting of
rooms or other accommodations in commercial lodging accommodations by short term visitors and
guests; and
WHEREAS, the City Council has determined that tourists and guests of the City of Aspen
should be required to help defray the costs of transportation services offered within the City of
Aspen; and
WHEREAS, the City Council has determined that 25% of all revenues generated by the
Visitor Benefit and Promotion Tax shall be used to enable the City to meet its financial obligations
to the Roaring Fork Regional Transportation Authority or other similar transportation services
provider, and 75% of all revenues generated shall be used for marketing and promotional efforts for
the City's tourism industry; and
WHEREAS, Article X, Section 20, of the Colorado Constitution, and Section 12.1 of the
Aspen Home Rule Charter, require the City Council to obtain voter approval in advance of the
imposition of any new taxes; and,
WHEREAS the voters of the City of Aspen approved an increase in the Visitor Benefit and
Promotion Tax of one percent at the November 2, 2010, municipal election; and,
WHEREAS, pursuant to Section 4.11 of the Charter, the City is authorized to adopt
emergency ordinances for the preservation of public property, health, peace, or safety; and
WHEREAS, having this ordinance effective in a timely manner in order to take advantage
of taxes payable effective on January 1, 2011, will free up revenues which might be used for
marketing and allow them to be used to preserve public property, health, peace, and safety; and
WHEREAS, the voters of the City of Aspen approved the additional 1% tax to be become
effective January 1, 2011.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That the title to Chapter 23.50 of the City of Aspen Municipal Code be amended to read as
follows:
Chapter 23.50
VISITOR BENEFIT TAX & PROMOTION TAX
Section 2.
That Section 23.50.010 of the City of Aspen Municipal Code be amended to read as follows:
2
Sec. 23.50.010. Legislative intent.
The City Council declares that the enactment of a two percent (2.0 %) visitor benefit tax
and the expenditure of the receipts of such a tax for the promotion of tourism and transportation
services within the Roaring Fork Valley will serve a public purpose, will promote the health,
safety, prosperity, security and general welfare of the inhabitants and visitors of the City. It is the
intent of the City Council to impose a tax upon the leasing or renting of rooms or other
accommodations in commercial lodging accommodations by transient persons. The person to
whom the accommodations are rented shall pay the tax and the person from whom the
accommodations are rented shall be required to collect the tax.
Section 3.
That Section 23.50.030 of the City of Aspen Municipal Code be amended to read as follows:
Sec. 23.50.030. Imposition of tax.
There is hereby imposed a visitor benefit and promotion tax of two percent (2.0 %) upon the
rent paid or charged for accommodations provided by a vendor to a purchaser at a taxable
premises.
Section 4.
That Section 23.50.050 of the City of Aspen Municipal Code be amended to read as follows:
Sec. 23.50.050. Tourism promotion fund.
(a) There is hereby created a special separate fund to be known as the City Tourism
Promotion Fund. Said fund shall be separate and distinct from any other funds or accounts used
or maintained by the City for any other purposes. The monies of said fund shall be expended only
for the purposes set forth herein and no others.
(b) The fund shall consist of:
(1) All monies deposited or transferred thereto in accordance with Section 23.50.040
above of this Chapter;
(2) Contributions of money, property or services received for use in carrying out the
purposes of the fund from any person, corporation or association; and
(3) All monies otherwise made available to the fund from whatever source.
(c) Any monies not appropriated shall remain in the fund and shall not be transferred to or
revert to the general fund of the City at the end of any fiscal year. Any interest earned on the
investment or deposit of monies of the fund shall remain in the fund and shall not be credited to
the general fund of the City.
(d) Twenty -five percent (25 %) of all monies in the fund shall be dedicated to transportation
services as described below and seventy -five percent (75 %) of all monies in the fund shall be
dedicated for tourism promotion activities as described below. All appropriations of monies from
3
the fund shall be made by the City Council and only in accordance with the above - described
dedication of those funds.
(e) Funds dedicated to transportation service in accordance with this Section shall be
appropriated by the City Council only for the following purposes:
(1) To pay for regional transportation services as provided by the Roaring Fork
Regional Transportation Authority or the Roaring Fork Transportation Agency;
(2) To contribute to local public transportation services within the City and its
immediate environs; or
(3) To defray administrative and clerical costs of collecting and administering the tax,
provided such expenditures do not exceed the actual costs of such administrative and
clerical costs.
(f) Funds dedicated to tourism promotion in accordance with this Section shall be
appropriated by the City Council to a professional marketing entity such as the Aspen Chamber
Resort Association upon the submission and approval of a budget prepared by the Aspen
Chamber Resort Association, or other similar organization, only for the following purposes:
(1) Planning and implementing the advertisement, promotion and development of
tourism and special events in the City;
(2) Tourism advertising, written and graphic materials and cooperative and matching
promotional materials:
(3) Gathering and disseminating information on the tourist industries and attractions of
the City;
(4) Purchasing such equipment, materials and supplies as shall be necessary, to be used
solely for tourist promotion;
(5) Contracting for those services and materials as may be incidental, necessary and
appropriate to the accomplishment of the purposes of the fund, including but not limited to,
administrative, secretarial, clerical or professional services deemed necessary;
(6) Attracting conferences, conventions and meetings of a commercial, cultural,
educational or social nature to the City;
(7) Attracting sporting events and social and cultural events sponsored by nonprofit
organizations;
(8) Defraying administrative and clerical costs of collecting and administering the tax,
provided such expenses do not exceed the actual costs of such administrative and clerical
costs.
Section 5.
4
The effective date of this ordinance and the imposition of the additional tax referenced
herein shall be January 1, 2011.
Section 6.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided,
and the same shall be construed and concluded under such prior ordinances.
Section 7.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions hereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the
City of Aspen on the 22 day November, 2010.
.7
Michael C. Ireland, Mayor
ATT. T:
1
Kathryn S. Ko ; City Clerk
FINALLY adopted, passed and approved this ((/ d y of / ��� "v ,,2010.
C/the unanimous vote of all City Council members present; or
❑ a vote of four (4) council members.
° Pa‘1 0 ° K
Michael C. Ireland, May 5
■
ORDINANCE NO. 31
Series of 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAP-
TER 2a50 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO IMPOSE AN ADDITIONAL 1.0%
VISITOR BENEFIT AND PROMOTIONS TAX.
WHEREAS, the City of Aspen is a world renowned tourist destination; and
WHEREAS, the continuation of a healthy tourism industry is essential for the economic well -being of the
City of Aspen and the general welfare of its citizens and such an industry requires a continuing invest-
ment in the planning, promotion, and development of the City of Aspen as a world renowned travel desti-
nation; and
WHEREAS, the City Council has determined that it should be the policy of the City to guide a sustainable
and coordinated tourism industry in the City of Aspen; and
WHEREAS, the City Council has determined that such an effort should be financed in part, by a one per-
cent addition to the Visitor Benefit and Promotion Tax upon the leasing or renting of rooms or other ac-
commodations in commercial lodging accommodations by short term visitors and guests; and
WHEREAS, the City Council has determined that tourists and guests of the City of Aspen should be re-
quired to help defray the costs of transportation services offered within the City of Aspen: and
WHEREAS, the City Council has determined that 25% of all revenues generated by the Visitor Benefit and
Promotion Tax shall be used to enable the City to meet its financial obligations to the Roaring Fork Re-
gional Transportation Authority or other similar transportation services provider, and 75% of all revenues
generated shall be used for marketing and promotional efforts for the City's tourism industry; and
WHEREAS, Article X, Section 20, of the Colorado Constitution, and Section 12.1 of the Aspen Home Rule
Charter, require the City Council to obtain voter approval in advance of the imposition of any new taxes:
and
WHEREAS the voters of the City of Aspen approved an increase in the Visitor Benefit and Promotion Tax
of one percent at the November 2, 2010. municipal election.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section 1.
That the title to Chapter 23.50 of the City of Aspen Municipal Code be amended to read as follows:
Chapter 23.50
VISITOR BENEFIT TAX Si PROMOTION TAX
Section 2.
That Section 23.50.010 of the City of Aspen Municipal Code be amended to read as follows:
Sec. 23.50.010. Legislative intent
The City Council declares that the enactment of a two percent (2.0 %) visitor benefit tax and the expendi-
ture of the receipts of such a tax for the promotion of tourism and transportation services within the Roar-
ing Fork Valley will serve a public purpose, will promote the health, safety, prosperity, security and gener-
al welfare of the inhabitants and visitors of the City. It is the intent of the City Council to impose a tax upon
the leasing or renting of rooms or other accommodations in commercial lodging accommodations by tran-
sient persons. The person to whom the accommodations are rented shall pay the tax and the person from
whom the accommodations are rented shall be required to collect the tax.
That Section 23.50.030 of the City of Aspen Municipal Code be amended to read as follows'.
Sec. 23.50.030. Imposition of tax.
There is hereby imposed a visitor benefit and promotion tax of two percent (2.0 %) upon the rent paid or
charged for accommodations provided by a vendor to a purchaser at a taxable premises.
Section 4.
That Section 23.50.050 of the City of Aspen Municipal Code be amended to read as follows:
Sec. 23.50.050. Tourism promotion fund.
(a) There is hereby created a special separate fund to be known as the City Tourism Promotion Fund.
Said fund shall be separate and distinct from any other funds or accounts used or maintained by the City
for any other purposes. The monies of said fund shall be expended only for the purposes sat forth herein
and no others.
(b) The fund shall consist of:
(1 ) All monies deposited or transferred thereto in accordance with Section 23.50.040 above of this •
Chapter;
(2) Contributions of money, property or services received for use in carrying out the purposes of the fund
from any person, corporation or association; and
(3) All monies otherwise made available to the fund from whatever source.
(0) Any monies not appropriated shall remain in the fund and shall not be transferred to or revert to the •
general fund Of the City at the end of any fiscal year. Any interest eamed on the Investment or deposit of
monies of the fund shall remain in the fund and shall not be credited to the general fund of the City.
• (d) Twenty-five percent (25 %) of all monies in the fund shall be dedicated to transportation services as
described below and seventy -five percent (75 %) of all monies in the fund shall be dedicated for tourism
promotion activities as described below. All appropriations of monies from the fund shall be made by the
City Council and only in accordance with the above - described dedication of those funds.
(e) Funds dedicated to Transportation service in accordance with this Section shall be appropriated by the
City Council only for the following purposes:
(1) To pay for regional transportation services as provided by the Roaring Fork Regional Transportation
Authority or the Roaring Fork Transportation Agency;
(2) To contribute to local public transportation services within the City and its immediate environs; or
(3) To defray administrative and clerical costs of collecting and administering the tax, provided such
expenditures do not exceed the actual costs of such administrative and clerical Costs.
(i) Funds dedicated to tourism promotion in accordance with this Section shall be appropriated by the City
Council to a professional marketing entity such as the Aspen Chamber Resort Association upon the sub-
mission and approval of a budget prepared by the Aspen Chamber Resort Association, or other similar
organization, only for the following purposes:
(1) Planning and implementing the advertisement, promotion and development of tourism and special
events in the City;
(2) Tourism advertising, written and graphic materials and cooperative and matching promotional
materials:
(3) Gathering and disseminating information on the tourist industries and attractions of the City;
(4) Purchasing such equipment, materials and supplies as shall be necessary, to be used solely for tourist
promotion,
(5) Contracting for those services and materials as may be incidental, necessary and appropriate to the
accomplishment of the purposes of the fund including but not limited to, administrative, secretarial, clerical
or professional services deemed necessary;
(6) Attracting conferences, conventions and meetings of a commercial, cultural, educational or social
nature to the City;
(7) Attracting sporting events and social and cultural events sponsored by nonprofit organizations;
(8) Defraying administrative and clerical costs of collecting and administering the tax, provided such
expenses do not exceed the actual costs of such administrative and clerical costs.
o n 5.
The effective dale of this ordinance and the imposition of the additional tax referenced herein shall be
January 6, 2011.
Section 6
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and
The same shall be construed and concluded under such prior ordinances.
$gn
If any s nc,subutioa clause, en jurisdiction, or portion of this ordinance for any reason held
invalid or unconstitutional
a i
tl e Io ourt df commpetent t c the of ti oo, y portioion stinll pe on he a sep separate,
dl
tllstlnct and ndependendent t p provision court
antl shall not affect the validity of the remaining g portions hereof.
A public hearing on the ordinance shall be held on the day of , 2010, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of
Aspen on the day of , 2010.
Michael C. Ireland, Mayor
ATTEST:
Kathryn 5. Koch, City Clerk
FINALLY adopted, passed and approved this day of 2010.
Michael C. Ireland, Mayor
ATTEST:
Kathryn 5. Koch, City Clerk
Published in the Aspen Times Weekley November 28. 2010. (5862258)
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5920562 •
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Ad Ticket #5
A 1013028 N ame: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail: ANGELA SCOREY
Client:
Caller: Kathryn Koch City: Aspen
leceipt State: CO Zip: 81611
Ad Name: 5920562D Original Id: 0
Editions: 8ATI/8ATW/ Class: 0990
Start: 12/12/10 Stop: 12/12/10
Color: Issue 1
Copyline: 5920562 atw Ord # 31 Rep: AT Legais
=27,
Lines: 142
Depth: 11/9
Columns: 2
Discount: 0.00
Commission: 0.00
Net 0.00
Tax: 0.00
Total 143.70
Payment 0.00
Ad shown is not actual print size
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PUBLlG M1GTCE
ORDINANCE NO. 31
See=s o■ 2010
• f
AN 23.50 OF THE MUNICIPAL O CODE OF THE CITY OF ASPEN T IMPOSE AN ADDITIONAL
1.9% VISITOR BENEFIT AND PROMOTIONS TAX AND DECLARING AN EMERGENCY
WHEREAS. he City of Aspen lea world renowned lounst destination, and invest-
WHEREAS. he continuation of a healthy toursm Industry is essential for the economic well -being of the
and development o f the Gity of Aspen as a world renowned travel desti-
City f Asp n an d the general welfare of its 0tlzers and such an industry requires a
nation: and
WHEREAS. the Gity Council has determined that it should be the policy of the Gity to guide 5 s u s tain pe
and coordinated tourism industry in the Gity of Asper. and
WHEREAS, the City Council has determined that such an effod should be financed, in part,
commodationsin the comlmercial Benefit ngnaccommodations by s term visors and g and or prat ac- or
WHEREAS . the City Council has determined that tourists and guests of the City of A p e s for oe and the
quired to help defray the costs of transportation services offered within the City of Aspen, and
WHEREAS, the City Council has determined that 0 meet financial 0t all revenues generated and e R ar all F R es
Prommotion tion Tax shall be used to enable the City to ort its 0 ner le to the 7 Roaring Fork R e-
gional u Authority or other similar transportation services provider,
r Aspen
Chartered ted shall rt be be used for marketing and promotional efforts in advance City's
of the
Imposition of any new taxes;
WHEREAS. Article X, Section 20 01 the Colorado Constitution, and Section 12.1 of Aen Home Rule
Charter, require the City Council to obtain voter approve vain
WHEREAS approved an Increase in he Visitor Benefit and Promotion Tax
WHEREAS he voters of the City of Aspen appr
of one percent at the November 2, 2010, municipal election. and,
WHEREAS, pursuant to Section 4.11 of the Charter. the City is authorized to adopt emergency ordi
es for the preservation of public property, health peace. or safety. and
WHEREAS, having his ordinance effective 'eueeiss wti cm might i be u d allow them to be
s sed for marketing a advantage payable
effective p ti 20, will free up p r ean and safety, and
used pubproperty, hosere t roved the additional 10 tax to be become effective Janu-
WHEREAS EA rsery the u e s S, the voters of f th[he City of f Aspen app
dry 1.2011.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section 1.
That the title to Chapter 23.50 of the City of Aspen Municipal Code be amended to read as follows'. r
Chapter 23.50 l
That S
VISITOR BENEFIT TAX & PROMOTION TAX
c.
Tha\ Section 23.50.010 of the City of A spen Municipal C otle be amendetl to read as follows:
Sec. 23 .50.010 Legislative Intent.
City C L
The 50 .0 egit declares that the enactment of a two percent (2.0%) visitor benefit tax
my an and the
Roarin the g Fork Valley of the re W ill Serve a public purpose, r wl promote the health, safety, prosperity, security within the
d such a tax for the
gearin th
general the welkinofr rhet enting o f roo med visitors c It isshe nten lodging Cg acc miodosoa by
upon the per son . The person rooms or other ccoom od t iofs In commdr al lodging a155 an
a d the Person
ipes on
from
transient the accomodations whom the shall be required to are collect me shall pay the tax and the
tin^ 9.
That Section 23.511030 of the City of Aspen Municipal Code be amended to read as follows:
See. 23.50.030. is hereby Imposition W nix. at a er cenle premises.
There is herebb i y mpoo se o visitor benefit venaor to a n ox of two o percent (2.0 upon the rent pre or
charged for accommodations pr a vi tletl by a
S 4,
That Section 23.50 050 of the City of Aspen Municipal Code be amended t0 read as fo owl'.
Sea 23 50.050. Tourism d a sipe i s
(a) There shall a bestead di stal ant y htoun known cotn City Tourism Promotion Fund.
Said any of iy d p hereby separate ate and distinct from any other funds or accounts or maintained by the City
for any other purposes. The moni es of said id fund d shall be a expended etl only ly f for r the purposes set forth herein
and no others.
(b) The fund shall consist of.
(1) All monies deposited or transferred thereto in accordance with Section 2350540 above of this
Chapter; (2) Contributions of money. property 0 e try or services received for use in carrying out the purposes of he
fund from any person, corporation or association, and
(3) All monies otherwise made available to the fund from whatever source.
(c) Any monies not appropriated shall remain in the fund and shall not be transferred to of reved to he
general fund of the Gity at the end of any fiscal year. Any interest earned on the investment 0r deposit of
monies of the Twenty-five pd remain o nent in shall not be
fun eba es a see cate to t r bn pectic o tier icessm fund and
de et percent (25%) all monies s I5 the ernes ^ in dedicated hum the be dedicated for tourism
the
C o
described below and seventy-five percent p
promotion ios described below. All appropriations o r algid by the •
City Council and antl only y in accordance nspoance s e the above-described dedication of hose funds.
(e) Funds dedicated nds m transportation service i accordance with ith this Section shall be a Transportation Council only for the following purposes:
trans
(1) To pay for regional transportation services as provided by the Roaring Fork Regional
Authority or the Roaring Fork Transportation Agency; .
such
(2) To contribute to local public transportation services within the City and its immediate environs{ or
(3) To defray administrative and clerical costs of collecting and administering the tax, provided
by h City
C
expenditures do not exceed the actual costs of such administrative and clerical costs
) Funds dedicated tnang en t accordance bh the Asps pe n C har mb e r R s o rt appropriated
ll other o the
Council cit a to a professional onal l marketing entity such as the Aspen Chamber s Resort Association Upon the
submission and approval f a following gpu grs oss'.
(
or 1) P lanni a
g nim meh purposes
(1) Planning and d the implementing ing he e ativertisemenf promotion and tlevelopmen\ of tourism and s pecie
events in the Gary;
T
(2) Tourism ityvertising, written and graphic materials and cooperative and matching promotional
materials.
ment. materials and supplies as shall be necessary to be used solely for
(3) Gathering and disseminating information on the tourist industries and atlracti0ns o the
(4) Purchasing such those equip5 be incitlental, necessary and appropriate to the ,
tourist promotion, t el
(5) p n t for a purposes of and fund. including In may
acmml
e s ec the pde of the fund, inclutling but not limited to ad ultu a6 administrative
oval or social
orp (6) Attracting confere c s
deemed , conven necessary;
a
(6) AOacting conference, conventions and meetings of a commercial,
na(v)e torte Cary; such
(7) Parading spoiling events and social and cultural events sponsored by nonprofit organizations;
ex�pensees do not administrative actual costs of such administrative and cledoalrcosts, tax, provided
S cton 5.
The effective 0 date of this ordinance and the imposition of the additional tax referenced herein shat be
January
$ tamed any
This ordinance shall not have effect by virtuleriofathe trtl nences amendetl as herein o any
action or shall proceeding now pending
the same shall be construed and concluded antler such prior ordinances.
If any e. phrase or portion of this ordinance Is for any reason h
Itsay secunc subsection, i sentence, a uof omp,p dieeedraos.
distinct or d ind0penddeentaprov son and shall not affect the validity of the remaining shall po ions deemed a leper
distinct antl'meep P
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the Cary of
Aspen on the 22nd day November, 2010. /yMlceel C. I I tl Mavor
ATTEST:
Is/ Kathryn S_Ktch Gity_ Clerk
FINALLY adopted. passed and approved fish day December, 2010.
the unanimous vote of all Cary Council members present; or
/ MM =shoal C 1 id M -
0
ATTEST'.
Lsmatt]ry^S Koch Gil Cer
Published in the Aspen Times Weekly on December 12, 2010. [5920562)