HomeMy WebLinkAboutordinance.council.07-25ORDINANCE NO. 07
(SERIES OF 2025)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SEC. 23.50.050 TOURISM PROMOTION FUND, OF THE MUNICIPAL
CODE OF THE CITY OF ASPEN, AND THE USE OF THE FUNDS DERIVED FROM THE
VISITOR BENEFIT AND PROMOTION 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 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 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, pursuant to Article X, Section 20, of the Colorado Constitution, and
Section 12.1 of the Aspen Home Rule Charter, the voters approved of the imposition of a total
2% Visitor Benefit and Promotion Tax at the November 7, 2000 and the November 2, 2010
elections; and,
WHEREAS, pursuant to the imposition of such tax, 75% of all revenues generated by
the Visitor Benefit and Promotion Tax shall be used for marketing and promotional efforts for
the City's tourism industry; and
WHEREAS, pursuant to Section 12.1 of the Aspen Home Rule Charter, an ordinance
approved by the voters may be amended six months after such ordinance was adopted by the
voters; and,
WHEREAS, the City Council has determined that it is necessary for any entity retained
by it pursuant to Section 23.50.050(f), in order to provide the services promoted pursuant to
Section 23.50.050, that it have a presence in the City of Aspen and that the funds generated by
the tax may be, upon the approval of City Council, appropriately used for the purpose of
providing a viable space for the operation of such services; and,
WHEREAS, the City Council has determined that it is necessary for any entity retained
by it pursuant to Section 23.50.050(f) in order to provide the services promoted pursuant to
Section 23.50.050(f), to maintain a proper reserve, upon the annual approval of the City
Council; and,
WHEREAS, City Council has determined that the health, safety, and general welfare of
the citizens, residents, and visitors of the City of Aspen will be served by this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1. Sec. 23.50.050. Tourism promotion fund., is hereby amended to add the following
paragraphs under part (f):
(9) At the discretion of and upon such terms and conditions as may be imposed by
City Council, providing funds to support the acquisition or maintenance of administrative
space for the professional marketing entity as may be incidental, necessary and
appropriate to the accomplishment of the purposes of the fund during the term, and any
extensions thereof, of a tourism promotion agreement.
(10) Maintaining a capital reserve in an amount determined by the marketing entity and
City Council annually.
All other provisions of Sec. 23.50.050 shall remain in full force and effect.
Section 2. Severability
If any section, subsection, 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 thereof.
Section 3. Public Hearing
A public hearing on the ordinance shall be held on the 26th day of August 2025, 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 22" d day of July 2025.
ATTEST:
�a
Mike Sear, Deputy City Clerk
Rachael Richards, tyor
FINALLY adopted, passed and ordered published this 26th day of August 2025.
ATTEST:
f
Nicole Henning, City Cler
APPROVED AS TO FORM:
Katha ine Johnson, i Attorney
x
Rac el Richards, Mayo