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HomeMy WebLinkAboutresolution.council.090-22 RESOLUTION NO. 90 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REGARDING REQUIREMENTS FOR ATTENDANCE, WORKING,AND/OR VOLUNTEERING AT PERFORMANCES OR OTHER EVENTS AT THE WHEELER OPERA HOUSE. WHEREAS,the Wheeler Opera House is a performance venue owned and operated by the City of Aspen; and WHEREAS, as the operator of such facility,the City Council has the authority to set forth such rules and regulations for its operations as it deems appropriate, and WHEREAS, the Center for Disease Control and Prevention recommends that all eligible citizens obtain a vaccine to prevent the further spread of COVID-19, and WHEREAS,the City of Aspen recognizes at this time that certain individuals are unable or unwilling to obtain such recommended vaccinations; and WHEREAS,performances at the Wheeler Opera House attract large crowds who move about and sit in close proximity to one another; and WHEREAS pursuant to the legal authority set forth in C.R.S. Section 31-15-401(b), as well as all other applicable laws, rules, regulations, orders and declarations,the City of Aspen has the police powers "[t]o do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease" within City properties, including the Wheeler Opera House; and WHEREAS, the Wheeler Opera House Advisory Board has recommended that the City adopt appropriate rules and regulations concerning attendance at performances and other events at the Wheeler Opera House; and WHEREAS,the Pitkin County Public Health Order requirement to wear face coverings in all indoor spaces within the County of Pitkin to prevent the spread of COVID-19 remains in effect; and WHEREAS, the City of Aspen continues to make a best faith effort to educate its citizens on the benefits of face coverings and vaccinations to the best of its ability; and WHEREAS,the City Council finds that it is appropriate and in the interests of the public health, safety, and welfare to enact specific rules and regulations for attendance at performance and other events,public and private, at the Wheeler Opera House NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council hereby directs the City Manager, and such designees as she authorizes, to issue formal rules and regulations regarding the attendance, working and/or volunteering at any performance or other event,public or private, at the Wheeler Opera House, which rules shall, at a minimum,require either proof of vaccination 14 days before the performance or event or proof of a negative COVID-19 test that was administered by a third party testing provider within the previous 72 hours. In addition,the rules shall require all persons on the Wheeler premises to wear face coverings, unless prevented pursuant to a medical exemption or unless performing on stage. The rules and regulations shall be adopted by the City Manager pursuant to this Resolution to take effect no later than October 15,2021,and shall remain in effect until April 15,2022,unless sooner terminated by resolution of the City Council. INTRODUCED, AND ADOPTED by the City Council of the City of Aspen on the 281h day of September 2021. wm-me= Torre, Mayor I,Nicole Henning, duly appointed City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on September 28, 2021. Nicole Henning, City Cie 2