HomeMy WebLinkAboutresolution.council.017-02 RESOLUTION NO. 17
(SERIES OF 2002)
A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISFIII-IG TIIE
ASPEN SATURDAY MARKET AND AUTHORIZING THE COMMERCIAL
CORE AND LODGING COMMISSION TO ADMINISTER THE ASPEN
SATURDAY MARKET, AS DEFINED HEREIN, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, the Aspen Farmer's Market Group (AFMG) was issued a three-year
vending agreement from the City of Aspen to operate a farmers market on Hopkins
Avenue during the years of 1999 through 2001, pursuant to City Council Resolution 49,
Series of 1999; and ....
WItEREAS, the Commercial Core and Lodging Commission held several
meetings with members of the AFMG, City staff, and the general public and proposed a
series of modifications to the farmer's market to the Aspen City Council during a work
session November 13, 2001; 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, Community Development Director reviewed the proposed Aspen
Saturday Market with the Commercial Core and Lodging Commission; and,
WHEREAS, during a regular meeting on February 25, 2002, Aspen City Council
reviewed the proposed Aspen Saturday Market program, the recommendation of the
Community Development Director, and comments made by the general public, found the
proposed agreement to meet or exceed the applicable standards; 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 establish 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 according to
the terms and limitations set forth herein:
Resolution No. 17, Series of 2002
Page 1
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, attached hereto. The license shall be valid for a period of five (5) market
seasons, specifically the 2002; 2003, 2004, 2005, and 2006 market seasons; Provided,
however, that the City does not notify AFMG on or before March 1 of each year that
the City shall terminate this license.
Section 3:
Aspen Saturday Market Program:
The following types of booths, activities, and product sales are permitted for the Aspen
Saturday Market, subject to limitations:
Agricultttral 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. This also allows for ancillary
items associated with the agricultural products and or business (such as Clothing, a
corkscrew, soaps, etc.) with no Colorado-origination requirement.
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 Commemial 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.
Multiple sellers sharing a rotating booth are encouraged. Potential local booths may
include, but are not limited to:
· "Taste of Aspen" - Demonstration booth for local restaurateurs. Samples,
demonstrations, and frozen, take-home prepared meals. (Compliance with local
health regulations mandatory and may require a mobile unit. Also, see food
section.)
· Local Businesses - Booth for any local business or group of businesses. 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. Rotation
could coincide with local fund-raising events.
Resolution No. 17, Series of 2002
Page 2
· Music Booth - "Booth" for musicians. Rotation could be used to promote various
local talents. Non-amplified music can start anytime. Amplified music may not
start before 11 a.m. Music booths subject to citizen complaints and revocation of
the permit by the CCLC.
Food:
Any booth may provide food provided compliance With all applicable regulations. A
food license is required and applicable fees are assessed. A two-week approval
schedule should be assumed by applicants. Following are five categories Of food:
Category 1-4 foods are permitted. Category 5 foods may be permitted by the CCLC
on a case-by-case basis. The City Envimumental Health Department shall categorize
each proposal and provide a recommendation on category 5 proposals:
1. Not Potentially Hazardous Snacks - These are finished products for on-site
consumption that do not require specialized production facilities or on-site
enhancement. Example: Nuts, popcorn, cotton candy.
2. Potentially Hazardous Snacks with no On-Site Enhancement - These are
snacks prepared at a licensed off-site facility and served at the market.
Example: Ice Cr~me, Italian Ice.
3. Samples - These are small, bite-sized portions of an advertised product made
available free as a taste. Preparation of the sample requires full compliance
with all applicable State food Safety and liquor regulations and may require a
"mobile unit." Example: Wine tasting, cheese samples, sausage samples.
4. Off-Site Preparation and Off-Site Consumption - These are items that have
been prepared at a licensed facility and clearly cannot be eaten at the market.
These can be meals. Example: Frozen entrees, frozen meat cuts.
5. Potentially Hazardous with On-Site Enhancement - This category is unlimited
but requires approval from the CCLC on a case-by-case basis and may require
a "mobile unit." Example~ These items may be consumed on site. Example:
Hot dogs, roasted peppers. The CCLC shall consider possible competition
with local restaurateurs, visual and aromatic effects, effects on the energy of
the market, and food safety issues. A recommendation from the
Environmental Health Department shall be considered.
Terms: Snacks are edible items not commonly considered a meal. Samples are free,
bite-sized portions of snacks or meals. The CCLC shall provide an interpretation for
proposals needing clarity.
Location and Duration:
The Aspen Saturday Market shall be located on East Hopkins Avenue between Galena
Street and Hunter Street, during the hours of 8:00 a.m. through 4:00 p.m. on Saturdays
Resolution No. 17, Series of 2002
Page 3
Location and Duration:
The Aspen Saturday Market shall be located on East Hopkins Avenue between Galena
Street and Hunter Street, during the hours of 8:00 a.m. through 4:00 p.m. on Saturdays
of June, July, August, September, and October. Set-up may begin at 7:00 a.m. All
vending activity, booths, music, etc. must finish no later than 4:00 p.m.
An expansion of the market vending area shall be approved by the City Council after a
public hearing for which notice has been supplied to each property owner adjacent to
the expansion area fifteen (15) days, or more, in advance of the hearing and upon
consideration of the following:
· A recommendation from the Aspen Community Development Department that
includes referral comments from the Aspen Fire Protection District, Police
Department, Parking Department, Parks Department (if the expansion includes a
City park), and the City Streets Department.
· Comments offered by landowners adjoining the expansion area.
· Comments made by members of the public.
Contraction of the market vending area or an amendment to the hours of operation may
be approved by the CCLC but shall not require notice or a public heating. Relocation of
the market vending area or an amendment to the days of operation shall require
reconsideration of the Aspen Saturday Market program and adoption of a new
Resolution by City Council. ,
Markkt 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 in a
manner acceptable to the CCLC and the AFMG. The number, location, and size of the
CCLC-controlled booths shall also be determined and agreed upon. The layout shall be
established at the beginning of each season and each successive week shall be generally
consistent with the original plan. Gray or black 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 Hopkins Avenue
shall be for pedestrians only and remain free of booths, structures, seating, trashcans,
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: Aspen Farmers Market Group:
The AFMG vending license shall be valid for the time period specified herein and shall
only require a yearly reservation for the number and physical extent of AFMG booths.
The AFMG shall submit to the City each year, no later than May I~, the expected
number, physical extent of AFMG booths, and expected market start date. The AFMG
Resolution No. 17, Series of 2002
Page 4
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 operate a specified number of booths, to be determined each year
depending upon available space, in the Aspen Saturday Market and select vendors to
operate those booths. The CCLC shall be responsible for paying any AFMG dues
necessary for the general operation of the Aspen Saturday Market. Such fees are
expected to include, but are not limited to, liability insurance, barricades, advertising,
management, and similar expenses. The CCLC may recuperate such dues through the
assessment of licensing fees for vendors operating CCLC-controlled booths.
Prospective vendors for CCLC booths may acquire application materials f~om the City
Clerk's office and applications shall be submitted to the Clerk, along with any necessary
processing fee. Multiple parties sharing one booth are encouraged. The City Clerk shall
provide a draft license agreement to prospective vendors.
Applications will be reviewed by the CCLC at a regularly scheduled meeting and
considered for approval. The review schedule shall be established by the CCLC,
including appropriate time for prospective vendors to make a presentation and members
of the general public to offer comments. The AFMG may apply for these booths or
refer prospective vendors to the City to secure these booths.
AFMG vendors may occupy vacant CCLC-controlled booths as long as such vendor
complies with the Aspen Saturday Market Progrmn. A CCLC booth shall be considered
vacant ifa vendor is not selected by the Wednesday prior to the market day.
Prospective vendors for CCLC-controlled booths shall be reviewed by the CCLC
according to the criteria for approving vendors, specified below.
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 vendor complies with the Aspen Saturday Market program, as
amended.
· 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 vending license agreement.
Resolution No. 17, Series of 2002
Page 5
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.
Vendors or prospective vendors of CCLC-controlled booths aggrieved by a decision
rendered by the CCLC, other than a decision on appeals to the CCLC, may appeal the
decision according to the provisions of Section 15.04.350 of the Aspen Municipal
Code.
Vendor Requirements:
Each and every vendor must obtain a City of Aspen Business License, regardless of
being associated with a group of vendors. Shared booths may obtain one business
license if all other participants in the shared booth operate under such business.
Business licenses expire at the end of each calendar year and must be renewed for each
season. The license shall be maintained at each booth and be p~odUced upon request.
Each and every vendor must also obtain a State of Colorado Sales Tax license, collect
all applicable sales taxes, and remit said taxes to the City of Aspen and the State of
Colorado, as applicable. The second business license requirement shall be waived for
businesses already licensed within the City of Aspen. The City of Aspen Finance
Department should be consulted for information regarding business licenses and
collection and remittance of taxes - 970-920-5029.
The AFMG, groups of vendors, or vendors who wish to share a rotating booth, may
establish their own internal roles, fees, or limitations on their membership as long as
such provisions are not in conflict with the terms and conditions of the Aspen Saturday
Market, as established by the City and as may be amended from time to time, and such
provisions are not in conflict with any other applicable City, State, or Federal law or
Ordinance.
To sell products containing alcohol, the vendor must first obtain all necessary perm/ts
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 - 970.920.5060.
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. Certain fees for food licenses apply and a two-week approval
schedule should be assumed. 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.
Resolution No. 17, Series of 2002
Page 6
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.
Tables, chairs, and any temporary structures to be erected on Connor Park (the park
adjacent to City Hall) shall require approval from the city Parks Director -
970.920.5120
No admission fees shall be charged.
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 eireumstances. Only passive refrigeration
that does not require power, such as insulated tracks, coolers, ice, etc., shall be
permitted. Power generators are prohibited.
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:
The vending area is exempt from the City's Sign Code and no sign permits shall be
necessary, subject to the following: 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), excluding signage incidental to vendor's vehicles, equipment, personal
Resolution No. 17, Series of 2002
Page 7
belongings, and signs identifying products and prices. The CCLC may permit signs
exceeding this limitation on a per-case basis. No permanent signs are permitted.
Signs for the Aspen Saturday Market shall be the responsibility of the CCLC and shall
be of a number, dimension, and style acceptable t° the CCLC. The CCLC may
designate a vendor or group of vendors to be responsible for transporting and installing
these signs. No permanent signs are permitted.
City Shall Provide:
The City shall provide a City Hall key to a AFMG principal for vendor access to the
City Hall restrooms. City Hall shall not be open to the general public. AFMG shall not,
in any case, prop doors to City Hall open or in any other way render City Hall open to
the general public.
The City shall provide street signage indicating no parking during the hours of the
Aspen Saturday Market within the vending area. The City shall remove illegally parked
cars fi'om the market vending area consistent with City policy for illegally parked
vehicles.
Year-End Review and .,lmendments:
Near or after the conclusion of each market season, the CCLC shall review the market
program with the City Council for the purpose of discussing the market and ways to
improve the market program through amendments. 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. The CCLC may elect to review potential changes with the
City Council prior to adoption of said changes. City Council shall be informed of
adopted changes to the market program and shall retain the right to reject changes to the
market program, in whole or in part.
Section 4:
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 5:
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.
Resolution No. 17, Series of 2002
Page 8
Section 6:
A duly noticed public hearing on this Resolution was held on the 25th day of February
2002, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed and approved this ,~-~'-day of~ 2002.
Approved as to form: Approved as to content:
Attest:
Kathryn S. I~th, C~ty Clef
C:khome\ChriskFannerMarket\CC_RESO2.doc
Attachment: AFMG Vending License Agreement
Resolution No. 17, Series of 2002
Page 9
ASPEN SATURDAY MARKET
VENDING LICENSE AGREEMENT
THIS LICENSE AGREEMENT, has been formally entered into this
day of _, 2002, 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 17, series of 2002, and as may be amended from time to time, subject to the
following terms and conditions:
1. This License Agreement shall be valid for one (1) year and renewable for five (5)
market seasons, including the 2002, 2003, 2004, 2005, and 2006 seasons and shall be
considered terminated after the close of the 2006 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 March 1 of each year that
the City shall terminate this license.
2. 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.
3. If legal action is taken by the City to enfome the provisions of this agreement, the City
shall be entitled to recover from AFMG its costs, including reasonable attorneys fees.
4. The parties agree that no assent, expressed or implied, to any broach 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.
5. 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.
6. 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.
Resolution No. 17, Series of 2002
Page 10
7. 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 WltEREOF, the parties hereto have executed this Agreement on the date
hereinafter written.
DATE: ~ ~
CITY OF ASPEN, COLORADO ASPEN FARMERS
A Municipal Corporation: MARKET GROUP:
~ Ja~/''~
APPROVED AS TO FORM: ATTEST:
City Attorney
Resolution No. 17, Series of 2002
Page 11