HomeMy WebLinkAboutcclc.ag.08062003 COMMERCIAL CORE & LODGING COMMISSION
SPECIAL MEETING
SISTER CITY ROOM - CITY HALL
August 6, 2003
8:30 am I. Roll call and approval of July 25th minutes
II, Daughter Earth - Jennifer Marcus
III. Market update - Doyle
IV. Music - Labor Day
V. Info - Street entertainment & mkt. Resolution
VI. Adjourn
Notes for next CCLC meeting.
1. The rea[ music, ie. Dan Sheridan, Little Blue, T. Pay, Bobby Mason, Chris Cox etc., won't play in the street for 4
hours for the pay we offer, how about ask them to play from noon to two? less hours and it could be presented
as entertainment.
2. The barker would then do what7 do we spend on both? do we like fashion shows7 because the bell works great,
too for cooking demo's.
3. Are we looking for entertainment or background music? The rea[ music is for entertainment.
4. I would like to book a band for the labor weekend to play in the park
5. The city ok'd the outdoor bbq.
August 30th In Conner Park
12n- Hot Off The Grill BBQ
Fresh Elk Burger- Goat Cheese Burger--Buffalo Burgers
Fruit Salad, Mixed Greens, Chutneys and Grilled Corn on the Cob
Live Music featuring
Juggling Lessons, A Clown, Face Painting, Henna Tattoo's
Horse Shoe Tossing Contest
Prizes! FREE Stuff!
Music Schedule
Hopkins St./MC Comer H & H
Aug 2 Trent MAA
Aug 9 Brad MAA
Aug 16 Brad
Aug 23 Brad
Aug 30 T Ray
Sep 6 Dan Sheridan
Sep 13 T Ray
Sep 20
Sep 27
Oct 4
Last day
Musicians:
Brad 379-4676 Dan Sheridan 920-4577 Mike Waters 925-7021
T. Ray 927-0254 Little Blue 704-9994 Trent Harrison 618-7105
Bobby Mason
MEMORANDUM
TO: Mayor and City Council
THROUGH: Steve Bat'wick, City Manager
THROUGH: Randy Ready, Asst. City Manager
FROM: Linda Gerdenich, Community Relations
DATE: July 23, 2003
RE: Street Entertainment
Summary: This memorandum is in response to your request for more/nformation about
prospective street entertainment on Friday afternoons tlxrough September this year. The June Jazz
Fest free performances, the July 4 street dance and the use of the stage throughout the holiday
weekend as a venue for local acoustic entertainment were both successful and proved to be very
popular with performers, event attendees and local businesses. Merchants and visitors alike really
enjoy the vibrancy and vitality that this entertainment creates
Local musicians, including Jim Horowitz with the Jazz Festival, Deborah Barnekow with the
Aspen Music Festival and School. and longtime iocai favorite Bobby Mason all agree that street
entertainment is definitely feasible using music students and local musicians.
Financial Implications: The financial implications involved with providing musical entertainment
from 4:00-6:00 pm every Friday from August 1 through October 3 t l 0 weeks) would be as follows:
· Entertainment - Approximate cost for local musicians each week would be $500 or a donation
to Jazz Festival or Music Festival Scholarship Funds ($500 x 10 weeks = $5,000)
Out of Valley musicians may also'be available, but would be approximately $1,500/week
plus discounted lodging.
· Sound and light system rental - Rental of the equipment with generator each week would run
$1,400 I.$1,400 x 10 weeks =$i4.000)
Fs. ?urchase of small system for approximately $10. 000 plus storage cost
· Stage/Tent Rental -Rental, Delivery, Installation and Take down of 24' x 32' stage and tent
would cost $2,395/week ($2.395 xl0 weeks = $23,950)
Vs. ?urchase of Stage and Tent for approximately $15.000 plus storage cost
Street entertainment, 2
10 Performance Cost w/Rental Equipment: $42,950
I0 Performance Cost w/Purchased Equipment: $30,000 plus annual storage cost
Initial contacts with a potential eqmpmenr vendor indicate that it may be 3-4 weeks delivery time
for installation of purchased equipment. Equipment could be rented in the meantime.
The stage would be rented or purchased and remain at the selected location. The sound and light
system would need to be stored'securely out of the elements between performances, Noise
variances or an amendment to the mumc~pal code would be necessary to accommodate a senes of
these performances.
Additional costs for each performance would include set Fp and take down, clean up, advertising,
and coordinating performances. Total incidental costs for a 10-week series would be $2,500-
$5,000. Sponsorships with sponsors being allowed to display banners at the venue could offset all
or part of these incidental costs.
We look forward to your further questions or d/rection on this prospective series of Fr/day
afternoon events.
Attachments:
July 4th Report
Photos
July 4th Street Entertainment Stage Report
This year City Council hosted an Independence Day Street Dance. Stage/Tent
rental from Aspen Party Rentals at a cost of $2,395 (i ncluding delivery) and was paid
for by Council contingency ($800), Parks Dept.(S400) and ACRA ($1200).
This stage had to be delivered Wednesday and could not be picked up until
Sunday morning due to Aspen Party Rental's holiday schedule. As such, it was
decided that the stage should not sit empty for three days and was programmed with
local acoustic entertainment.
A flyer was hand delivered to local businesses bordered by Durant, Monarch,
Hyman. and Galena. noticing acoustic music,ans and performers and the Street Dance
with an approved no~se ordinance variance,
With very little notice we succeeded in programming about eight performers.
along with many Music Festival Students whenever the stage was empty. The Celtic
harpist played every day. Aspen Art Museum drawing class of students used the stage
to draw mall activity.
Following the holiday a survey was hand delivered to local businesses asking l-
If they liked the performances. 2- If they thought it helped their businesses, and 3- If
~ney would like to see it again. Response rate of 12 surveys included: 92% liked the
BARE Stage performances. 92% thought it helped their businesses, and 92% want to
see it happen again. Comments included~. enjoyed hearing the music from their
storefront, thought it should happen every weekend, year round and also during the off-
season, was really fun music should last until dark, more entertainment, charge
admission. Mark Goodman from Mark Richards offered his assistance!
ASPEN FARMERS MARKET RULES AND REGULATIONS
1, Full membership dues will be $300 year(this includes $100 for administrative
expenses). Members are asked to pay $100 of this by April 1s~ with the balance
due by opemng day. All members must secure an Aspen Business L~cense
~generally $150). Additional dues, or funds may be assessed members ar any time
to cover expenses of the organization.
2. Each member is responsible for maintaining ali required licenses, e.g. sales tax,
scale and business. Members will be expected to adhere to all city, county and
state health department rules. Any scale used at the market must be registered
with the Colorado Deparrmem of Aghculture.
3. Markets will begin the last week of June and run to the end of October. Selling
time begins at 8am and ends at 4pm. No member is allowed to sell before 8am.
Each vendor is expected to maintain their booth and sell product from beginning
to end of the market.
4. Growers may sell offfarm product to the extent of 80/20, i.e., 20% off farm and
80% on farm. In the event of a catastrophic crop failure, membership will
determine whether to allow offfarm product at an increased percentage. On
normal years, all produce must be "Colorado Grown".
5. Growers need not own the land on which the crop wgs grown but must be the one
primarily responsible for it. Custom harvesting is not sufficient input to make a
crop on fi~rrn.
6. New members are required to submit a map, with addresses; of all the land they
farm, either leased or owned. A copy of the lease agreemem may be required.
All farms are subject to inspection by membership.
7. New members will be accepted upon a majority approval of existing members and
the Aspen Community Development Director.
8. Any member who embarrasses the market by failing to pay sales taxes, causing a
disturbance, selling unfit product or misrepresenting himself or his product will
have his membership revoked with no refund of dues. In addition, any
membership can be revoked for any reason by a two-thirds majority of existing
members.
9. All members will help to clean the market location. This includes all trash, not
just what the member generated. Members should have their own trash containers
and brooms.
10. A member may elect to send an agent to represent him/her at the market. The
agent will be responsible for following all market rules and will be considered to
have the member's proxy for votes on any issues, which may arise at the market
and require immediate attention.
11. Members are expected to attend an annual meeting in the winter and weekly
meetings at the end of each sale.
12. Organic growers are encouraged to post certification.
Co-chairperson: Co-chairperson Secretary/Treasurer
Jack D'Orio Stacy DeVries Peter Forte
Paonia 527-4046 Grand Jctn. 523-5629 Palisade 464-7397
dorioshillsideacres~msn.com kdv,~acsol.net Forte.~g~.net
RESOLUTION NO. 17
(SERIES OF 2002)
A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHH-IG THE
ASPEN SATURDAY MARKET AND AUTHORIZIlgG TILE' COMMERCiXL
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, /.'
WltEREAS, 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 [o 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,
WltEREAS, 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,
~VItEREAS, 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, authoxize 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 m
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, ahd 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:
,4spen Saturday Market Program:
The following types of booths, activities, and product sales are permitted for the Asp~
Saturday Market, subject to limitations:
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. This also allows for ancillary
items associated with the agrieuitural products and or basiness (such as clothing, a
eorkacrew, 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.
CCI, C-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.
Multiple seilers sharing a rotating booth are encouraged. Potential local booths may
include, but are not limited to:
· "Taste of Aspen" - Demonstration booth for local restaurarenrs. 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.
·Zocal 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
page2
· 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 tho CCLC.
Food:
Any booth may provide food provided compliance With all appIicable 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 6f food:
Category 1-4 foods are permitted. Category 5 foods may be permitted by the CCLC
on a ease-by-ease basis. The City Envirorunental Health DePartment shall categ6rize
each proposal and provide a recommendation on category 5 proposals:
1. Not Potentially Hazardous Snacks - These are finished products for on-site
consumption that d0not r6quire special/zed Production facilities 'or on-site
enhancement. Example: Nuts, popoom, 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, bi,e-sized portions of an advertised product made
available free as a taste. Preparation of the sample requires full compliance
with all applicable State food ~afety a~d liquor regulations and may i'equire 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 froth the CCLC on a ease-by-ease basis and may require
a "mobile vaxit." 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
pwposals needing clarity.
Location and Duration:
The Aspen Saturday Market shall be located on East Hopkins Avenue between Galena I
Street and Hunter Street, during the h0urs of 8:00 a.m. through 4:00'p,m. on Saturdays
Resolution No. 17, Series of 2002 ' '
Page 3
Zocation 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.in. through 4:00 p.ml 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 4i00 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 mom, 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 Pr0~ectiun District, Police
Department, Parking Depar~ent, 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 oF an amendment to the hours of operation may
be approved by the CCLC but shall not require notice or a public hearing. 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. ·
Marl~t 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-cont~olled 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, trasheans,
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 Ia, 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-eontrolled
booths.
Commercial C°re and Lodging_Commission Booths:
The CCLC shall operate a specified riumber of booths, to be determined each y~ar
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 ttrough the
assessment of licensing fees for vendors operating CCLC-controlled 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 necessay
processing fee. Multiple paflies 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 Program. 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. a~roval 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 Deparanents 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 mat~ers concerning association dues, fees, etc., may appeal the decision to
the CCLC. Relevant documentation Shall be Submitt~ ~o 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-oontrolied booths aggrieved by a decision
rendered by the CCLC, other than a deciaion 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 0i~ate u~ider ~s~cli buS'leSs.
Business licenses expire at the end of each calendar year and must be mewed 'for each
season. The license shall be maintained at each booth and be produced upon request.
Each and every vendor must also obtain a State of Colorad6 sales Tax licehs~, C°ll'~c[
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 akeady 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 rules, fees, or limitations on their mexnbership as long as
such provisions are not in conflict with the tetras 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 corfflict with any other applicable City, State, or Federal law or
To sell products 'containing alcohol, the vendor must fa-st obtain all necessary pennitS
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,
['ollowing 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 p~rnits - 970.920.5090.
Tables, chairs, and any temporary structures re be erected on Cormor Park (the park
adjacent to City Hall) shall require approval from the Civ] 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 lef~ idling for five (5) minutes or more within any one-hour period
of time, unless necessary due to emergency circumstances. Only passive refrigeration
that does not require power, such as insulated trueka, coolers, ice, etc., shall be
permitted, Power generators am 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 fi'om
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
diseretiontay fimds to promote the Aspen Saturday Market or advertise vacancies in the
market and the types of desired vendors.
Signs:
The wnding area is exempt fxom 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 incidantal to vendor's vehicles, equipment, personal
Resolution No. I7, 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 to the CCLC. The CCLC may
designate a vendor or group of vendors to be responsible for transporting and installing
these signs. No permanent sagns are permitted.
Ci~ 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 pubIic. 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 sigmge indicating no parking during the hours of the
Aspen Saturday Market within the vending area. The City shall remove illegally parked
cars from the market vending area consistent with City policy for illegally parked
vehicles.
Year-Enti Review and ~Irncndtnents:
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 mark,t program through amendments. The AFMG shall be notified of
such meeting and be invited to attend.
The CCLC may make adjustments m the Aspen Saturday Market program. Such
adjustments shall be made after the ¢0ncliision of ~ach 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 shalI be informed of
adopted changes to the market program and shall retain the fight to reject changes to the
market program, in whole or in pan.
Section 4:
This Resolution shalI 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.
Sqetion 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a cotun of competent jurisdiction, such portion
shall be deomed~ a separate, distinct and independent provision and shall not affect the
validity of the r~rnalning portions thereof.
Resolution No. 17, Seri*s of 2002
Pag* 8
Se..ction 6:
A duly noticed public hearing on this Resolution was held on the 25~h day of Febraary
2002, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed and approved this t~.~--day
2002.
Approved as to form: Approved as to content:
Attest:
'Kathryn S. K~h, City Clerk
C:~ome\Chris',FarmerMarket\CC_R.ESO2.doc
Attachment: AFMG Vending License Agreemem
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 (hereinaf~er "AFMG'3:
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
ennsidered 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 AFIvlG on or b~fore March i of cacti year that
the City shall terminate this license.
2. In ennsideration of the privileges granted by this LiCense Agreement, AFMG shall
neither hold nor attempt to hold the City of Aspen or the County of Pitldn liable for any
injury or damage, either proximate or remote, occurring through or caused by any use of
the aforementioned lccations, 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 enforce the provisions of figs 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 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.
5. AFMG represents and wammts 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 ifAFMG fails to comply with the
Aspen Saturday Market program, as may be amended fi.om 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 landlord4enant relationship between' the City and AFMG under any
circumstances whatsoever.
IN WITNESS WI:IEREOF, the parties hereto haVe executed this Agreement on the date
hereinafter written.
DATE: ~ ~
CITY OF ASPEN, COLORADO ASPEN FARMERS
A Municipal Corporation: MARKET GROUP: i
APPROVED AS TO FORM: ATTEST:
Jofl~f%~r~es~er: C~ty Attorney
ResolutiOnpage 11 No. 1;/, Series of 2002
ASPEN FARMERS MARKET RULES AND REGULATIONS
1. Full membership dues will be $300/year(this includes $100 for administrative
expenses)i Members are asked to pay $100 of this by April 1st with the balance
due by opening day. All members must secure an Aspen Business License
(generally $150). Additional dues, or funds may be assessed members at any time
to cover expenses of the organization.
2. Each member is responsible for maintaining all required licenses, e.g. sales tax,
scale and business. Members will be expected to adhere to all city, comity and
state health department rules. Any scale used at the market must be registered
with the ColOrad° Department of AgricUlture.
3. Markets will begin the last week of Jnne and run to the end of October. Selling
time begins at 8am and ends at 4pm. No member is allowed to sell before 8am.
Each vendor is expected to maintain their booth and sell product from beginning
to end of the market.
4. Growers may sell offfarm product to the extent of 80/20, i.e., 20% off farrn and
80% on farm. In the event ora catastrophic crop failure, membership will
determine Whether to allow off farm product at an increased percentage. On
normal years, all produce must be "Colorado Grown".
5. Growers need not own the land on which the crop v~as grown but must be the one
primarily responsible for it. Custom harvesting is not sufficient input to make a
crop on farm.
6. New members are required to submit a map, with addresses; of all the land they
farm, either leased or owned. A copy of the lease agreement may be required.
All farms are subject to inspection by membership.
7. New members will be accepted upon a majority approval of existing members and
the Aspen Community Development Director.
8. Any member who embarrasses the market by failing to pay sales taxes, causing a
disturbance, selling unfit product or misrepresenting himself or his product will
have his membership revoked With no refund of dues. In addition, any
membership can be revoked for any reason by a two-thirds majority of existing
members.
9. All members will help to clean the market location. This includes all trash, not
just what the member generated. Members should have their own trash containers
and brooms.
10. A member may elect to send an agent to represent him/her at the market. The
agent will be responsible for folloWing all market rules and will be considered to
have the member's proxy for votes on any issues, which may arise at the market
and require immediate attention.
11. Members are expected to attend an annual meeting in the winter and weekly
meetings at the end of each sale.
12. Organic growers are encouraged to post certification.
Co-chairperson: Co'chairperson Secretary/Treasurer
Jack D'Orio Stacy DeVries Peter Forte
Paonia 527-4046 Grand Jctn. 523~5629 palisade 464-7397
dorioshillsideacres~msn.com kdv~acsol.net Forte~gj.net