HomeMy WebLinkAboutcclc.min.102500 COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF OCTOBER 25, 2000
Bill Dinsmoor called the special meeting to order at 8:30 a.m. Member in
attendance was Eric Cohen and Terry Butler. John Starr and Jon Busch
were excused.
Motion: Terry made the motion to transfer funds to the Parks Departmem
for the purchase of doggie bag installation boxes; second by Bill. All in
favor, motion carried.
The direction was given to have an article put in the newspaper in support
of the project.
Terry suggested that the boxes be expanded to Spring Street and to the
Crystal Palace area. Also Main Street and Hopkins. One should be
installed at Bass Park.
Terry had concern with the construction in the core area and safety issues
at the old Andre's building. Kathy will contact the Engineering Dept.
What is going on with the trash at Andre's building as there is no space.
Have the trash containers been ordered for the core area? A suggestion
from the board is to have the trash picked up at the end of the day in order
to keep the bear out of the commercial core.
The commercial core is adamant on keeping the core clean.
ORDINANCE NO.
(Series of 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AMENDING SECTIONS ....... OF THE
MUNICIPAL CODE TO GOVERN OUTDOOR DINING,
COMMERCIAL AND OTHER ACTIVITIES IN THE CITY OF ASPEN.
COMMERCIAL CORE & LODGING.COMMISSION
MINUTES OF OCTOBER 25, 2000
4-11-1 Legislative Intent.
4-11-2 Definitions.
4-11-3 Designation of Outdoor Activity Zones.
4-11-4 Uses Prohibited without Permit
4-11-5 Leases for Outdoor Dining in the public rights-of-way
4-11-6 Displays of Merchandise in public rights-of-way
4-11-7 Entertainment Vending Permit
4-11-8 Sidewalk Sales
4-11-9 Mobile Vending Cart Permit.
4-1 !- 10 Newspaper Vending Machines.
4-11-11 Special Activity Permit.
4-11-12 Special Entertainment Permit.
4-11-13 General Permit and Lease Requirements.
4-11-14 Application Procedures.
4-11-15 Transfers of Permits and Leases.
4-11-16 Utilities.
4-11-17 Termination of Permits.
4-11-18 Amendments.
4-11-1 Legislative Intent.
The purpose of this chapter is to promote the public interest by enhancing
the attractiveness of the City of Aspen; providing oppormnit'les for
creative, colorful, pedestrian-focused commercial activities; and
entertainment that adds charm, vitality, diversity, and good design to the
commercial core area; encouraging the upgrading of storefronts and the
development of compatible and well-designed improvements; revenue to
offset in part the cost of maintaining the mall area; and limiting private
development on public rights-of-way in the commercial core area to those
proposals of the highest quality that advance these purposes.
4-11-2 Definitions.
The following terms used in this chapter have the following meanings,
unless the context clearly indicates otherwise:
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"Building ornament" means any awning, sign, planter box, or other
ornament on a building adjacent to the mall that encroaches
upon the public right-of-way or the air space above such right-of-way.
"CCLC" means the Commercial Core and Lodging Commission
established by Ordinance #1, 1981.
"Entertainment" means a performance or show designed to entertain the
public. "Special entertainment" means any activity which involves the
juggling, casting, throwing or propelling of a knife or burning
projectile on the mall, or involves the use of equipment on the mall and
requires special review.
"Mall" means the Aspen pedestrian mall established by Ordinance No. 20,
Series of 1973.
"Non-commercial" means that which does not involve the sale or offer for
sale real or personal property or a service.
"Non-profit group" means an entity which has received a tax status
determination by the United States Internal Revenue Service 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.
"Sale" or "sell" means the exchange of goods or services for money or
other consideration and any advertising therefore and includes the offering
of goods or services for a donation except when a writing is offered for a
donation to express bona fide religious, social, political, or other
ideological views, and the writing is carried by the person offering it and
not set on the ground or any structure.
"Special activity" means an educational or festive activity, or an activity
not involving sales and sponsored by a non-profit group,
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that involves the use of a booth, blanket, table, structure, cart, enclosure or
other equipment on the mall or other public area. It also means sales
conducted as a fundraising activity by a non-profit group if:
(1)Only the group*s volunteer members make the sales on the mall;
(2)Such volunteer members receive no remuneration, direct or indirect,
from the sales or sales activities; and
(3)Any goods s01d either bear conspicuously on their exterior the name
of the group or its ~registered trademark, or such goods are unique to the
group and are not readily available through retail stores in the city.
4-11-3 Designation of Outdoor Activity Zones.
(a)In order to carry out the provisions of this chapter, the downtown core
is divided into the following zones:
(1)Zone 1 consists of the mall area.
(2)Zone 2 consists of all other commercial zones outside the mall area.
4-11-4 Uses Prohibited without Permit.
(1)No person shall sell, display for sale, or advertise for sale any
goods or services to the public on the mall or in the downtown commercial
area without a valid permit or lease therefor issued under this chapter.
(2)No person shall conduct any activity or enterprise that involves
placement of a cart, unrolled blanket, booth, table, and stage
or other structure, or equipment on the mall without a valid permit or lease
therefor issued under this chapter:
(3) Amplified sound shall be prohibited without permit.
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(2) This subsection does not apply to equipment that is intrinsic to an
entertainment act, provided the equipment:
(1)Can be carried or wheeled by the entertainer; and
(2)Is not over six feet in height when:
(3)At rest; or bearing a load or being used in the act; and
(4)Covers a rectangular area no larger than five feet by six feet.
(3)No person shall juggle, cast, throw, or propel a knife or burning
projectile on the mall, or use equipment which is more than six feet above
the surface of the mall when at rest or when bearing a load while being
used in the act, without a valid special entertainment permit issued under
this chapter.
(4) No person issued a permit under this chapter shall violate any term or
condition of that permit.
(5) Any act or activity performed for three or more days out of any 30 day
period ne.eds to be permitted. (This is designed to allow for and encourage
traveling/performers.
4-11-5 Leases for Outdoor Dining in the public right-of-way
(a) Leases for outdoor dining may only be applied for in zones 1 and 2.
These leases shall be reviewed by the CCLC and their
recommendation forwarded to City Council for final approval.
(b) General criteria for outdoor dining leases are:
(1) these areas shall be for the sole purpose of selling and
dispensing food or beverages to the public in a defined seating
area
(2) These areas shall be open to the public at least seven (7) hours
per day between the hours of 9:00 a.m. and 8:00 p.m.,
weather permitting but in no event shall food and beverage
service be extended beyond 10:00 p.m.
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(3) Not violate lighting code, amplified music, or liquor code.
KS look up these ordinances for the next meeting.
(4) The pedestrian movement shall not be impeded by umbrellas
or furniture or fixtures.
(c) Criteria for outdoor dining in Zone 1 are:
(1) Not be wider than the mall frontage of the business nor extend
further than a maximum of ten (10) feet from the edge of the
Lessee's building without special review(encroachments are
not considered to be a part of the Lessee's building) while
ensuring that such extension does not impede pedestrian traffic
(2) No portion of the lessee's fixtures shall extend beyond the
boundaries of the city-leased premises; this shall be construed
to include planters, umbrellas, gates while closed or open, any
type of lighting fixtures, and other fixtures of the Lessee
(3) No island shall be created on the leased premises, i.e. the
fencing around the city-leased premises shall abut the lessee's
building and business
(4) The perimeters of the extension boundary shall be angled at
forty-five (45) degrees with a minimum of four (4) feet length
on the diagonals(s) with the exception that if the lessee obtains
written consent from the adjacent business, a ninety (90)
degree angle will be permitted on the side(s) for which the
lessee has obtained such written consent.
(5) A black wrought-iron fence as approved by CCLC, no less
than thirty (30) inches in height shall enclose the perimeter of the City-
leased premises. Openings in the fence shall not be less than thirty-six (36)
inches wide and no more than 48 inches. If there is a gate said gate must
be self-closing and bi-directional. If there is a gate which is not self
closing and bi-directional it must be left open and swing inward to prevent
obstruction of pedestrian right-way. These rules are in compliance with
state liquor and fire codes.
Minimum and maximum gate opening size. Does this apply to the
building code. This is temporary outside seasonal dining.
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(6) No service facilities, including, but not limited to, bus trays,
hot plates, water dispensing equipment and dish storage shall be located on
City-leased premises.
(7) The Lessee shall allow its fixtures and perimeter fencing to remain
in place at its own discretion and liability and shall accept and retain full
responsibility and liability for any damage to such fixtures and perimeter
fencing caused by the operator vehicles, and ambulances, in the
performance of their duties, and to hold harmless their duly authorized
operators.
(8) Any electric, gas lighting or heating must conform with all
applicable city codes.
(10). No signage, including, but not limited to, advertising on
umbrellas, furniture, planters shall be allowed on the City-leased
premises except that menu signs shall be allowed in accordance with
provisions of the City of Aspen sign code.
THE CCLC desires to have signage on unbrellas only. Does this require a
coede amendment.
11. Outdoor dining in Zone 2 is prohibited without special permit,
(12.) Every lease also shall provide that if the city requires the use of the
leased property before expiration of the lease period, it may terminate the
lease upon reasonable notice to the owner and reasonable compensation for
the expenses of removing the building extension. The holder of a building
extension permit or lease shall indemnify and hold harmless the city, its
officers, employees, and agents against any and all claims arising from any
occurrence occasioned by the permitted use, and shall maintain during the
period of the permit or lease comprehensive general public liability and
property damage insurance.
4-11-6 Displays of Merchandise in Public rights-of-way.
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(a) Displays of merchandise in the public right-of-ways are prohibited
except within the context of a special event.
SIDEWALK SALES FOR THE NEXT MEETING NOVEMBER 1
4-11-8 Sidewalk Sales
(a) Sidewalks Sales shall be allowed in zones 1 and 2 on 4 designated
days during the season between Memorial Day and October 15t~.
Co) Businesses may be allowed up to 5 feet out from their business to
the length of their store front
(c)
(d) The applicant may condition individual sub-permit eligibility only on
the assent of individual owners to the sharing of the
reasonable promotional costs of the applicant for the sale event on a flat
rate, per participant basis, not to exceed $50.00 for
each day per sub-permit, and the payment of such amount to the applicant.
The applicant shall specify such amount on the
application, and the city Shall issue the permit only if the amount is
reasonable.
(e)
4-11-9 Mobile Vending Cart Permit.
(a) Mobile vending carts are not allowed in Zones 1 or 2
4-11-10 Newspaper Vending Machines.
(a)Newspaper vending machines are permitted only in zone 2.
(b)The city has installed newspaper vending machines at various locations
on the mall. These machines are available for use by
permit as provided in this section. No person shall install or use any other
newspaper vending machine or similar device on the
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