HomeMy WebLinkAboutcclc.ag.05011996 ORDINANCE NO. t
Series of 1996
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
COLORADO, AMENDING TITLE 21 OF TI~E MUNICIJPAL CODE
BY THE ADOPTION OF A MALL ENTERTAINER'S ORDINANCE,
INCLUDING DEFINITIONS, APPLICATION PROCEDURES FOR LICENSES,
RULES AND REGULATIONS FOR ENTERTAINERS,
ENFORCEMENT AND PENALTIES
WHEREAS, City Council would like visitors, guests, and residents of the City
of Aspen to have the opportunity to enjoy a variety of activities throughout the
pedestrian mall areas of the City of Aspen, and
WHEREAS, mall entertaining is a long standing and colorful tradition in the
City of Aspen, which adds to the character and ambiance of the City and
contributes to the favorable impression visitors get of the City, and
WHEREAS, City Council wants to achieve the goal ora more inviting
atmosphere for Aspen's Pedestrian m~Is, and
WHEREAS, City Council recognizes the need to adopt regulations concerning
the time, place, and manner of mall entertainment, and
WHEREAS, City Council recognizes that the regulations should encourage variety,
equity in usage and standards, and respect for the significant role that the
pedestrian malls play in the life of the City of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
Title 21 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by
adding a new chapter, designated as Chapter 21.34, which shall read as follows:
Chapter 21.34
MALL ENTERTAINERS ORDINANCE
21.34.010 Jurisdiction and Title.
Pursuant to the power and authority conferred by the Laws of the State of Colorado
and the Charter of the City of Aspen, Colorado, there is hereby adopted the following
ordinance, which shall be known as the Mall Entertainers Ordinance.
21.34.020 Application of chapter.
This chapter applies to all land lying and being within the city, and all other land
outside the city limits over which the City of Aspen has jurisdiction and control.
21.34.030 Definitions.
The following terms shall have the meanings hereinafter set forth when used in
this chapter:
a. Mall entertainer means a person who performs mime, magic, clowning,
juggling, songs, music, comedy, story telling, face painting, balloon tying, or
other types of entertainment in public areas at no charge to the publlc.
b. Mall entertainment locations means the places where mall entertainers may
perform. The city manager or his/her designee shall designate and provide to mall
entertainers a list of the locations where street entertainers may perform.
c. Non-profit group means an entity which has received a tax status determination
by the United States Internal Revenue Sexvice as a Section 501 tax exempt
organization or which is incorporated as a non-profit corporation under the laws of
the State of Colorado or which is incorporated as a non-profit corporation under the
laws of another state and has been issued a certificate of authority by the Secretary of
State for Colorado to conduct affairs in Colorado.
d. Public means affecting or likely to affect persons in a place to which the public
or a substantial group has access; among such places are included public streets, malls,
alleys, sidewalks, parks, public buildings, any place of commerce, business, or
amusement.
21.34.040 Application Procedure; Licenses.
a. It shall be unlawful to engage in any mall entertainment within the City of
Aspen without first obtaining a license in compliance with the provisions of this
section.
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b. Each performer must complete an entertainer application and obtain an
entertainer license.
c. Entertainer licenses may be obtained for a three day or six month period.
d. An entertainer application for a mall entertainer license shall be made in person
to the Aspen Police Department. Applicants for a license under this section shall file
with the police department a sworn application in writing, on a form to be furnished
by the police department, which shall provide the following information:
(1) Name and physical description of the applicant,
(2) Applicants social security number,
(3) Complete permanent home and local address of the applicant,
(4) A brief description of the nature of the performance,
(5) The length of time for Which the right to do business is desired,
(6) A statement as to whether or not the applicant has been convicted of any
felony, misdemeanor, or municipal' ordinance violation, excluding traffic, the nature
of the offense, and the punishment or penalty assessed,
(7) The last cities or towns, not to exceed three, where applicant has carded
on business immediately preceding the date of application and the addresses from
which such businesses were conducted in those jurisdictions.
e. An application fee in the amount of five dollars ($5.00) for a three day license
and in the amount of fifteen dollars ($15.00) for a six month license shall be
submitted with the application.
f. The city manager or his/her designee is authorized to waive the application fee
required by this section when the applicant for a permit is a non-profit or
charitable organization whose membership includes residents of the City of Aspen
or when the applicant is a music school, including the Music Associates of Aspen, licensed
in the City of Aspen, provided that the applicant has otherwise complied
with the requirements of this chapter.
g. For purposes of obtaining a license, non-profit organizations, charitable
organizations, and music schools, including the Music Associates of Aspen, shall each
be treated as one applicant, regardless of the number of members or students who will
perform as entertainers. The organization or school, but not each individual, shall
submit an entertainer application tO the police department.
h. License. Upon the filing of the application and the payment of the
application fee, the applicant will receive a mall entertainer license and a copy of
the mall entertainer rules and regulations, which the applicant is required to
review and follow.
21.34.050 Rules and Regulations.
Mall entertaining is a long-standing and colorful tradition in Aspen. In order to
preserve this tradition and to meet the concerns of community residents, merchants,
and police, mall entertainers are required to comply with the following rules and
regulations:
a. Display of licenses. All mail entertainers, including those from non-profit
organizations, charitable organizations, and the Music Associates of Aspen, shail
conspicuously display their entertainer licenses or music I.D.s while performing.
b. Hours of operation. The hours of operation for mall entertainers shall be
10:00 a.m. until 9:00 p.m.
c. Approved entertainment locations. No license holder under this chapter
shall have an exclusive fight to any location in the public streets, rights-of-way,
mall areas, or quasi-public places of the City of Aspen. The City reserves the
right to determine entertainment locations for mall entertainers in order to ensure
compatibility with vehicular and pedestrian traffic and the normal business activity
of the surrounding area. The city manager or the manager's designee shall provide
mall entertainers with a list of approved mall entertainment locations.
d. Approved merchant locations. In addition to the approved entertainment
locations referred to in subparagraph "c" above, a merchant or business may, through
written permission of the owner or manager, permit a mall entertainer to perform
in front of his/her business. However, a mall entertainer may not utilize a business
location if it interferes with the quiet use of another merchant or business or if the
location infringes upon an approved mall entertainment location, The entertainer
in a memhant or business location is required to comply with all other rules and
regulations set forth in this chapter.
e. Two hour time limit. No mall entertainer may utilize an approved mall
entertainment location or an approved merchant location for more than two hours
at a time or for more than two hours in one calendar day. f. Monitoring of audience.
(1) All mall entertainers shall take reasonable steps to ensure that the people
in their audience are not standing in a street.
(2) Mall entertainers and their audience shall not completely block the sidewalk.
Pedestrians must be able to go around the show without going into the street.
(3) Mall entertainers and their audience shail not block entrances, display
windows, doorways, or sidewalks to businesses or residences.
g. Clean-up of trash. All mall entertainers shall pick-up the trash lef~ behind
by their audiences.
h. Restrictions during Wheeler performances. No mall entertainer shall
perform at any location within 150 feet of the Wheeler Opera House during
performances at the Wheeler. Signs indicating a performance at the Wheeler will
be clearly posted.
i. Solicitations. Mall entertainers may give people the opportunity to tip them
for their performance, but they may not actively solicit, beg, hustle, or physically
or verbally accost people in any way. j. General restrictions.
(1) Amplification. No mall entertainer, nor anyone on his behalf, shall cry out,
blow a horn, ring a bell, or use any sound amplifying device upon any of the streets,
alleys, parks, or other public places of the city where sound of sufficient volume is
emitted or produced therefrom which is capable of being plainly heard upon the
streets, avenues, alleys, parks, or other quasi-public places for the purpose of
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attracting attention to any show. Loud speakers for voice transmission and
for amplification of music and yelling is prohibited.
(2) Vulgar language. Mall entertainers shall not use vulgar or obscene
language in their performances.
(3) Obscene dress. No mall entertainer shall dress in an obscene, vulgar,
or sexually provocative manner.
(4) Signs. Mall entertainers are protdbited from utilizing any signs or
advertising in conjunction with their performances.
(5) Booths. Mall entertainers may not have booths or displays of any kind.
(6) Vending. Mall entertainers are not permitted to vend or sell merchandise.
k. Compliance with laws, codes, rules. All mail entertainers shall comply with
all applicable state laws, city codes, and any other rules or regulations reasonably
adopted and announced by the city manager and his/her designee.
21.34.060 Enforcement and Penalties.
a. Enforcement generally. It shall be the duty of the police of Aspen and, if
designated by the city manager, parking officers to require any mall entertainer
who is not displaying his/her license to produce his/her license and to enforce the
provisions of this chapter against any person found to be violating the same.
b. Penalties. Any person, non-profit or charitable organization, or music
school violating any of the provisions of this chapter shall be deemed guilty of
a misdemeanor and upon conviction of any such violation such person,
organization, or school shall be punished by a fine, imprisonment, or both such
fine and imprisonment, as set forth in Section 1.04.080 of this Code.
c. Revocation and suspension. Licenses issued under the provisions of this
Chapter may be revoked or suspended by the City Manager or his/her designee,
after notice and hearing, for any of the following causes:
(1) Fraud, misrepresentation, or incorrect statement contained in the
application for a license.
(2) Any violation of this Chapter.
(3) Conviction of any crime, felony or misdemeanor
(4) Violation of any law or city ordinance.
(5) Upon any other evidence that the entertainer or the entertainment constitutes
a hazard to the health, safety, or welfare of the community.
d. Reapplication. No entertainer whose license has been revoked may make further
application until at least one year has elapsed since the date of the last revocation.
Section 2
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 thereof.
Section 3
A public hearing on the ordinance shall be held on the day of ,1996,
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 May, 1996.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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FINALLY adopted, passed, and approved this day of , 1996.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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