HomeMy WebLinkAboutresolution.council.097-10 RESOLUTION NO. 9
(SERIES OF 2010)
A RESOLUTION OF THE ASPEN CITY COUNCIL AUTHORIZING THE
CONTINUATION OF THE ASPEN SATURDAY MARKET AND THE
COMMERCIAL CORE AND LODGING COMMISSION'S ADMINISTRATION
OF THE ASPEN SATURDAY MARKET.
WHEREAS, the Aspen Farmer's Market Group (AFMG) has heretofore been
issued a vending agreement from the City of Aspen to operate a farmers market in the
commercial core during the years of 2011 through 2016; and,
WHEREAS, the Commercial Core and Lodging Commission has administered
the operation of the Aspen Saturday Market since the year 2002 pursuant to authorization
of the Aspen City Council; and,
WHEREAS, pursuant to Section 26.710.140 of the Land Use Code, farmer's
markets are a permitted use in the Commercial Core (CC) zone district, provided a
vending agreement is approved by the City Council pursuant to Section 15.04.350(B) of
the Municipal Code; and,
WHEREAS, pursuant to Section 26.208 of the Municipal Code, the City Council
may establish terms and limitations of a vending agreement and delegate their authority to
the Commercial Core and Lodging Commission for the purpose of administering a
vending agreement; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
In accordance with Sections 15.04.350(B) and 26.710.140 of the Aspen Municipal Code,
the City Council of the City of Aspen, Colorado, does hereby authorize the continuation of
the Aspen Saturday Market program (a farmers market), approve a vending agreement with
the Aspen Farmers Market Group, authorize the Commercial Core and Lodging
Commission to administer the Market, and authorize the Commercial Core and Lodging
Commission to establish and administer vending agreements with individual vendors and
groups of vendors:
Section 2:
The Aspen Farmers Market Group (AFMG) is hereby granted a vending license to operate
vending booths in the Aspen Saturday Market, subject to the terms and limitations
included herein and the terms and limitations of the vending license agreement, together
with the operating rules appended thereto; said vending license and operating rules are
attached hereto. The license shall be valid for a period of five (5) market seasons,
specifically the 2012, 2013, 2014, 2015, and 2016 market seasons; provided, however,
that the City does not notify AFMG on or before January 1 of each year that the City shall
terminate this license.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 thereof.
Section 5:
A duly noticed public hearing on this Resolution was held on the_Oy of
2010, at 5:00 in the City Council Chambers, Aspen
n, City
� Hall, Aspen, Colorado.
FINALLY, adopted, passed and approved this (0 day of ti/ I 010.
Approved as to form: Approved as to content:
di Ifirr
c city A orne Wel C. Ireland ayor
Attest:
i
Kathryn S. Klh, City C erk
Attachment: AFMG Vending License Agreement
AFMG Market Operating Agreement
ASPEN SATURDAY MARKET
VENDING LICENSE AGREEMENT 2011 -2016
THIS LICENSE AGREEMENT, has been formally entered into this &
1 day of 7jv,^, , 2010 by and between the City of Aspen, a municipal corporation
hereinafter "the City ") and the Aspen Farmers Market Group (hereinafter "AFMG "):
NOW, THEREFORE, the parties hereby mutually agree as follows:
The City hereby grants AFMG permission to establish and operate a booth, or multiple
booths as applicable, within the Aspen Saturday Market vending area according to the
terms and limitations of the Aspen Saturday Market program, as defined by City Council
Resolution series of 2010, and as may be amended from time to time, subject to the
following terms and conditions:
1. This License Agreement shall be valid for five (5) summer market seasons, including
the 2012, 2013, 2014, 2015, and 2016 seasons and shall be considered terminated after
the close of the 2016 season, unless an extension is mutually agreed upon by both
parties. The license shall be automatically renewed; provided, however, that the City
does not notify AFMG on or before January 1 of each year that the City shall
terminate this license.
2. AFMG acknowledges and accepts that the Aspen City Council has delegated to the
Commercial Core and Lodging Commission the authority to administer the operations
of the Aspen Saturday Market program. AFMG agrees that the Aspen Saturday
Market program will be operated in accordance with the limitations, rules and
regulations specified in the Market Operating Agreement appended to this License
Agreement.
3. In consideration of the privileges granted by this License Agreement, AFMG shall
neither hold nor attempt to hold the City of Aspen or the County of Pitkin liable for any
injury or damage, either proximate or remote, occurring through or caused by any use of
the aforementioned locations, or for any injury or accident occurring thereon. Further,
AFMG by execution of this agreement agrees to indemnify and save harmless the City
of Aspen and County of Pitkin against any and all claims for damages or personal
injuries arising from the operations of the AFMG hereinabove described whether
asserted by AFMG, its agents or employees, its guests or invitees.
4. If legal action is taken by the City to enforce the provisions of this agreement, the City
shall be entitled to recover from AFMG its costs, including reasonable attorneys fees.
5. The parties agree that no assent, expressed or implied, to any breach of any one or more
of the covenants or agreements contained herein shall be deemed or taken to be a waiver
of any succeeding or other breach.
6. AFMG represents and warrants that its operations herein shall be in compliance with all
applicable federal, state, and local laws ordinances, regulations, pertaining to the
activities of AFMG.
7. The privileges granted and conferred by this agreement shall not be transferred or
assigned in whole or in part by AFMG. The City hereby reserves the right to revoke this
vending agreement at the discretion of the City or if AFMG fails to comply with the
Aspen Saturday Market program, as may be amended from time to time.
8. It is expressly agreed that this License Agreement shall not operate or be construed to
create a landlord -tenant relationship between the City and AFMG under any
circumstances whatsoever.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
hereinafter written.
DATE: 4V71/0
CITY OF ASPEN, COLORADO ASPEN FARMERS
A Municipal Corporation: MARKET GROUP:
Michael C. Ireland, ■ ayor Dave Whittleesey,Chairperson
APPROVED AS TO FORM: ATTEST:
Ac d_ ice. s/i4Zaas £y
orcester, City Attorney Kathryn Koc,Jf City lerk
S. b*+
Market Operating Agreement for the - Aspen Saturday Market Program
The Aspen City Council has by resolution authorized the continuation of the Aspen
Saturday Market and has delegated to the Commercial Core and Lodging Commission
( "CCLC ") the responsibility for administering the Aspen Saturday Market. CCLC has
determined that the following types of booths, activities, and product sales are permitted
for the Aspen Saturday Market, subject to the limitations described herein:
Agricultural Booths:
The majority of products in each agricultural booth must be primarily Colorado made.
This allows for fruits, vegetables, food/beverage for off -site consumption as long as
that product is either grown or assembled in Colorado.
Agricultural brokers, or third party agents, are not permitted. A vendor may
supplement their own agricultural products with purchased agricultural products, as
needed, on a seasonal basis.
CCLC - Controlled Booths:
The Commercial Core and Lodging Commission (CCLC) shall operate a specified
number, to be determined each year based on available space, of local booths to
augment the liveliness of the Aspen Saturday Market, provide a variety of booths, and
provide local citizens and businesses an opportunity to participate in the market.
Potential local booths may include, but are not limited to:
• Local Businesses — ACRA booth for any local business or group of businesses.
Businesses must meet ACRA criteria. Second business license requirement shall
be waived for businesses already licensed and operating in Aspen.
• Local Arts and Crafts — Booth for a local artisan, group of artisans, or arts related
non - profit organization.
• Not - For - Profit Booth — Booth for local not - for - profit organizations coordinated
by the City Clerk's Department.
Food:
All food items to be sold shall comply with all applicable Colorado State Retail Food
Establishment Regulations as well as rules and regulations of the Aspen Environmental
Health Department. All food vendors must have a license issued by the Environmental
Health Dept. All prepared food must originate from a licensed and inspected facility
and have State approved labels. The Aspen Environmental Health Department should
be consulted for information regarding food safety and inspection — 970.920.5039.
Location and Duration:
• The Aspen Saturday Market shall be located on the 500 Block of E. Hyman Avenue,
the 500 block of East Hopkins Avenue and the 200 block of South Hunter Street, during
the hours of 8:00 a.m. through 3:00 p.m. on Saturdays of June, July, August, September,
and October. Set -up may begin at 7:00 a.m. Contraction of the market vending area or
an amendment to the hours of operation must be approved by the CCLC.
Market Layout:
The layout of the Aspen Saturday Market, including but not limited to placement and
orientation of vehicles, booths, and pedestrian circulation areas, shall be established by
the CCLC, in a manner acceptable to the CCLC and the AFMG. The layout shall be
established at the beginning of each season and each successive week shall be generally
consistent with the original plan. Gray, black or white paint markings on the street can
be used to designate vendor areas. No other color shall be used to mark the street (other
colors signify subsurface utilities and excavation areas).
Emergency Access:
To maintain adequate emergency access, the center sixteen (16) feet of streets utilized
by the Aspen Saturday Market shall be for pedestrians only and remain free of booths,
structures, seating, trash cans, and similar items that would practically interfere with
emergency apparatus. Movable barricades may be placed at either end of the vending
area within this clear zone.
Yearly Vendor Approval and Reservation Process:
The AFMG shall submit to the City each year, no later than February 1 the expected
number, physical extent of AFMG booths, and expected market start date.
The purpose of the AFMG reservation process is to allow the CCLC to gauge the
demand for expanding the vending area and to determine the number of remaining
spaces such that the CCLC may advertise for vendors to operate CCLC - controlled
booths.
Commercial Core and Lodging Commission Booths:
The CCLC shall select vendors to be determined each year depending upon available
space in the Aspen Saturday Market and select vendors to operate those booths.
Prospective vendors for CCLC booths may acquire application materials from the City
Clerk's office and applications shall be submitted to the Clerk, along with any necessary
processing fee.
Applications will be reviewed by the CCLC at a regularly scheduled meeting and
considered for approval.
Criteria for CCLC approval of Vendors:
Each prospective vendor or group of vendors for CCLC - controlled booths shall be
evaluated according to the following criteria:
• The prospective booth will contribute to a desired liveliness and variety of the
Aspen Saturday Market.
• The vendor has no outstanding obligation with the City of Aspen Finance
Department, other City Departments that have jurisdiction, has not provoked
excessive citizen complaints, or such problems can be remedied to the satisfaction
of the CCLC.
• The vendor agrees to the terms and conditions of the Aspen Saturday Market
application.
Appeals:
Any vendor or prospective vendor aggrieved by a decision rendered by the AFMG,
other than matters concerning association dues, fees, etc., may appeal the decision to
the CCLC. Relevant documentation shall be submitted to the City Clerk and the
CCLC shall consider appropriate action at a regularly scheduled meeting. All parties
shall be notified of the appeal meeting, but shall not be required to appear or respond.
The decision rendered by the CCLC shall be considered final.
Alcohol:
To sell products containing alcohol, the vendor must first obtain all necessary permits
and liquor licenses prior to vending and applicable State and local regulations shall be
complied with. The Aspen City Clerk should be consulted for information regarding
liquor licensing — 970 - 429 -2687.
Vendors must leave sales areas clean and free of litter of any kind during the operation.
Each individual seller shall return the vending area to pre - market condition, or better,
following each day of operation. Vendors with food are encouraged to provide a trash
receptacle for customer use. Vendor's failure to remove displays, equipment, signage,
etc. in a timely fashion shall result in the disposal of the items by the City at the
vendor's expense and without recourse by the vendor against the City.
Only temporary structures are permitted. Any temporary structure requiring permits
shall comply with applicable building codes and be issued such permits prior to
erection. The Aspen Building Department should be consulted for information
regarding building permits — 970 - 920 -5090.
In accordance with Municipal Code Section 13.08.110, Engine Idling, vehicles used by
vendors shall not be left idling for five (5) minutes or more within any one -hour period
of time, unless necessary due to emergency circumstances.
Vendors shall provide their own prices, signs, change, packaging, tables, chairs, tents,
etc. All produce shall be priced by piece, count, package, bunch, etc. No sales by
weight shall be permitted unless scales have a current, valid seal of approval from the
Colorado Sate Department of Agriculture, Weight and Measures Division, and items are
weighed on site. To sell "Organic Certified" produce, the seller must display a current
certificate.
Failure of any vendor to comply with these requirements shall result in immediate
revocation of the vending license for that individual vendor, removal of the vendor from
the Aspen Saturday Market, and any further action deemed appropriate by the Aspen
Municipal Court or any other court of competent jurisdiction.
Promotion:
Any individual vendor or group of vendors may promote the Aspen Saturday Market or
their booth through various marketing techniques. The CCLC may use their
discretionary funds to promote the Aspen Saturday Market or advertise vacancies in the
market and the types of desired vendors.
Signs:
Signs for the Aspen Saturday Market shall be the responsibility of the CCLC and shall
be of a number, dimension, and style acceptable to the CCLC and comply with Zoning
regulations. Signs for individual vendors shall be the responsibility of each vendor and
shall not exceed 6 square feet (for example 2 feet by 3 feet).
Year -End Review and Amendments to the Market Operating Agreement:
Near or after the conclusion of each market season, the CCLC shall review the market
program with the purpose of discussing the market and ways to improve the market
program through amendments to the Market Operating Agreement or otherwise. The
AFMG shall be notified of such meeting and be invited to attend.
The CCLC may make adjustments to the Aspen Saturday Market program. Such
adjustments shall be made after the conclusion of each season unless the issue requires
immediate, mid - season changes. The CCLC shall review potential adjustments with the
AFMG prior to adoption.
7. The privileges granted and conferred by this agreement shall not be transferred or
assigned in whole or in part by AFMG. The City hereby reserves the right to revoke this
vending agreement at the discretion of the City or if AFMG fails to comply with the
Aspen Saturday Market program, as may be amended from time to time.
8. It is expressly agreed that this License Agreement shall not operate or be construed to
create a landlord -tenant relationship between the City and AFMG under any
circumstances whatsoever.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
hereinafter written.
DATE: 701310
CITY OF ASPEN, COLORADO ASPEN FARMERS
A Municipal Corporation: MARKET GROUP:
Michael C. Ireland, ayor Dave VJhittleesey,Chairperson
APPROVED AS TO FORM: ATTEST:
W •e �f
orcester, City Attorney Kathryn Koc'lCity lerk