HomeMy WebLinkAboutcclc.min.083000 COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF AUGUST 30, 2000
Bill Dinsmoor called the special meeting to order at 8:30 a.m. Members in
attendance were John Starr and Eric Cohen. Terry Butler and Jon Busch
were excused.
Staff relayed that in general council, and city staff felt that it would be
appropriate for the CCLC to be the review body and approval process for
the proposed ordinance.
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 CITIY OF
ASPEN.
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.
4-11-10 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.
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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 opportunities 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:
"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.
At the next meeting Sept. 20 board needs to decide if festive activity
should be pulled or left in ordinance.
"Festive activity" means a cultural evem of community-wide interest,
including, without limitation, events involving sales, the
primary purpose of which is not for profit, which is consistent with the
legislative intent of this chapter, and which is scheduled
by the CCLC and approved by the special events coordinator.
"Mall" means the Aspen pedestrian mall established by Ordinance No. 20,
Series of 1973.
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"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,
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 sold 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.
"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.
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SpeCial entertainment and festive activity should be talked about
together at the next meeting.
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 everything else outside the mall area.
The board felt that the ordinance should encompass all of Aspen.
Planters into the sidewalk? discuss Expand - Original street and a
block north of Durant.
Review at the Sept. 20t~ meeting
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. This
subsection does not apply to a sign, including, without limitation, a
sandwich board, carried by a person and not set on or affixed to the
ground.
(2)This subsection does not apply to free distribution of information,
flyers, pamphlets, or brochures.
(b)(1)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:
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(2)This subsection does not apply to equipment that is intrinsic to an
entertainment act, provided the equipment:
(A)Can be carried or wheeled by the entertainer; and
(B)Is not over six feet in height when:
(i)At rest; or
(ii)Bearing a load while being used in the act; and
(C)Covers a rectangular area no larger than five feet by six feet.
(c)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.
(d) No person issued a permit under this chapter shall violate any term or
condition of that permit.
4-11-5 Leases for Outdoor Dining in the public rights-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,
(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.
(3)
(4)
(5)
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(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 (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 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 fou? (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
(s) 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 with 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.
(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 extension of fixtures shall otherwise be consistent (in the
determination of the Planning Office, Commercial Core and
Lodging Commission and the City Council) with the general design
guidelines and design criteria of the Mall.
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(8) 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.
(9) Neither electric nor gas lights nor electrical conduits are
allowed on the City-leased premises.
(10). No signage, including, but not limited to, advertising on
umbrellas, furniture, planters or banners 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 and subject to review by CCLC.
(d) Criteria for outdoor dining in Zone 2 are: (1) Available space must be contiguous m the restaurant
(2) Available space must be leave at least 5 (?) 6 (?) feet of
sidewalk
(3)
(4)
(5)
(6)
(d) 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.
(e)An outdoor dining permit or lease may be issued only if the proposal
will benefit the public or enhance the ambiance of the commercial core
area.
(f)The holder of a building extension perrnit 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
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period of the permit or lease comprehensive general public liability and
property damage insurance, as prescribed by Section
4-11-6 Displays of Merchandise in public rights-of-way
(a) Displays of Merchandise are permitted only if the business owner
promises members of the CCLC a raccoon coat
4-11-7 Entertainment Vending Permit.
(a)Entertainment vending permits may be issued for all zones. An applicant
for an entertainment vending permits which is to
include any part of Zone 1 shall obtain the written consem of the tenant
occupying the building in front of which the applicant
desires m locate.
(b)Recordings may only be stored or displayed in the case used by the
entertainer to transport the instrument played, in or on
other equipment intrinsic to the act, or in a single case no larger than two
feet by two feet by one foot, which may be located on
a stand or table with a surface no larger than 4 square feet.
(d)A musical entertainmem vending permit is valid for three continuous
days or one month upon payment of the fee prescribed
by Section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981.
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 15th.
(b) 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
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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
4-1 !- ! 0 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
mall.
(c)A newspaper vending machine permit is available to any publication that
is eligible for the periodicals mailing privileges of the
United States Postal Service. A newspaper vending machine permit is
available for any particular publication for only one
machine in each of the banks of machines installed on the mall.
(d)A newspaper vending machine permittee shall maintain the newsbox
face, its interior, and all mechanical workings of its
individual box, including, without limitation, the window and face plate;
the coin mechanism, coin tray, and lock, if any; and the
inside shelves. The newspaper vending machine permittee shall supply and
affix to its permitted machine whatever logo or
identifying wording it desires to use to let the public know which
periodical is inside the machine. Such identifying device shall
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be no larger than two inches high by fourteen inches wide, with white text
on a black background. It shall use a self-stick
backing of a type approved by the city manager for its balance of
adhesiveness and ease of removal, and be affixed in the
location on the box specified by the city manager for all boxes.
(e)A newspaper vending machine permit is valid for one year from date of
issuance. The fee for a newspaper vending machine
permit is that specified in Section 4-20-11, "Mall License and Permit
Fees," B.R.C. 1981. In addition to other causes specified
in this title for permit denial, revocation, or suspension, a newspaper
vending machine permit expires when the machine is not in
use for a period of thirty days, or if the permittee has failed to maintain the
newsbox over such a period, although the city
manager shall take no final action based on such an expiration without
notice to the permittee and an opportunity for a hearing.
Upon denial of renewal of a permit, or suspension, revocation, expiration
for failure to use or maintain, or expiration for failure
to renew, the city manager may remove the contents of any machine,
change the locks, hold any contents and money as
abandoned property, and issue a new permit to someone else.
(f)Non-Periodical Newspaper Vending Machine Boxes.
(1)The CCLC shall designate one newspaper vending machine box in
each bank for use by purveyors of
printed material which is not eligible for the periodicals mailing
privileges of the United States Postal Service. Such
non-periodical newspaper vending machine boxes shall contain only
materials available free to the public, and only
one shelf of one box in.each bank of boxes shall be available for use
for any one such publication or other printed
material. If these boxes are configured to hold more than one
publication, then the manager shall determine the
maximum number of shelves there may be in such boxes, and shall
issue such permits on a per shelf basis. The fee
for permits to use such boxes shall be that set for periodicals newspaper
vending machine boxes, except that the
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manager shall prorate the fee based on the number of shelves covered
by the particular permit.
(2)In the event that there are unused periodicals newsboxes in any
bank, the city manager may make the space
available as temporary non-periodical newspaper vending machine
boxes, except that temporary permits issued
on this(2)In the event that there are unused periodicals newsboxes in
any bank, the city manager may make the space
available as temporary non-periodical newspaper vending machine
boxes, except that temporary permits issued
on this basis shall be revocable at any time that a new applicant for a
regular newsbox receives approval of the
application. If it is necessary to choose which temporary permit box is
to be used by the new periodicals
permittee, the city manager shall determine the matter by lot. In the
case of such a revocation based on this
priority, the permittee displaced shall be entitled to a refund based on
the number of full three-month periods paid
but not used.
(g)Mall newsbox permits are available on a first-come, first-served basis.
But for the purposes of transition to the 1999 revised
permit system, permittees in good standing as of November 4, 1999 (the
effective date of this ordinance) shall be eligible to
renew their old permits under the new system. Should the first-come, first-
served system not resolve allocation questions, the
city manager shall select publications by lot.
4-11-11 Special Activity Permit.
(a)Special activity permits may be issued for all zones. An applicant for a
special activity permit which is to include any part of
zone I shall obtain the written consent of the tenant occupying the building
in front of which the applicant desires to locate.
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(b)A special activity permit is valid for one to six days per year upon
payment of the fee prescribed by Section 4-20-11, "Mall
License and Permit Fees," B.R.C. 1981. No more than six days total may
be permitted to the same person during a calendar
year.
4-11-12 Special Entertainment Permit.
(a)Special entertainment permits may be issued only for zones 1, 2, and 4.
An applicant for a special entertainment permit
which is to include any part of zone 1 shall obtain the written consent of
the tenant occupying the building in front of which the
applicant desires to locate.
(b)The holder of a special entertainment permit 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 comprehensive general public liability and property damage
insurance, as prescribed by Section 4-1-8. "Insurance
Required," B.R.C. 1981, naming the city, its officers, employees, and
agents as insureds; providing that the insurance is primary
insurance and that no other insurance maintained by the city will be called
upon m contribute to a loss covered by the policy;
and providing for thirty days notice of cancellation or material change to
the city. The city manager may waive all or any part of
this insurance requirement if the special entertainment permit requirement
is based solely on the height of the equipment used, if
the applicant demonstrates to the manager's satisfaction a history of safety
with respect to the use of such equipment, and if the
manager concludes that the nature of the equipment and its use is such that
harm to other mall users or to property other than
that of the applicant is unlikely to occur.
(c)A special entertainment permit is valid for the period and the hours
specified in the permit, which shall be for reasonable
hours and a reasonable period no greater than three months per permit; no
fee will be charged for its issuance. Such a permit is
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not an exclusive license for use of the area of the mall designated therein.
The manager may attach such other reasonable
conditions on the use of a special entertainment permit as may reduce
friction among competing uses of the mall or serve the
purposes of this subsection.
(d)If a special entertainment permit has been granted which involves the
use of equipment more than six feet above the mall
when at rest, the city manager may authorize the permittee to attach or
secure objects to mall property, and to climb on mall
property if needed to do sol, if the manager is persuaded that the safety
and convenience of mall users, including, without
limitation, other entertainers, public safety, and the service life of mall
property is not adversely affected thereby.
4-11-13 General Permit and Lease Requirements.
(a) A lessee or permittee is responsible for maintaining the area within
and in proximity to the location of the leased premises or
permitted location in a neat, clean, and hazard-free condition, including,
without limitation, disposing of all trash off-site.
(b) The CCLC may deny a permit, except for a newspaper vending
machine permit, if the proposed use would constitute a physical hazard to
the public health, safety, or welfare, or would violate any law.
4-11-14 Application Procedures.
(a)The CCLC shall review each application for a permit or lease in
accordance with the purposes and requirements of this
chapter and recommend to the city Council approval, approval with
conditions, or denial of the application. This subsection
does not apply to newspaper vending machine permit applications or to any
class of permit which the CCLC has, by resolution, determined not
to review.
(b) After receiving a recommendation from the CCLC as provided in
subsection (a) of this section, the City Council shall determine whether
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each application for a permit or lease meets the purposes and requirements
of this chapter and approve or disapprove the application.
(c) The CCLC may adopt rules and regulations establishing the process
for accepting, reviewing, and approving all permit and lease applications
submitted pursuant to this chapter, including the contents of such
applications and the specific criteria that will be considered in the review
process. Each applicant shall comply with such requirements.
(d) Each applicant for a permit or lease shall obtain all required
building, health, sales tax, or other permits or licenses from all
applicable government departments.
(e) Permit applications shall be made on the form provided by the city
for the permit sought, and shall contain all the information required by the
form, including any required attachments or exhibits. The city may reject
incomplete applications.
4-11-15 Transfers of Permits and Leases.
A permit or lease issued under the provisions of this chapter is not
automatically transferable or assignable. The CCLC shall
review a request to transfer or assign a permit or lease as a new
application, and recommend approval, approval with
conditions, or denial of the request to the City Council.
4-11 o 16 Utilities.
A permittee or lessee using water, electrical, or sewer service shall pay the
costs of such services.
4-11-17 Termination of Permits.
(a)Any permit issued hereunder may be revoked by the city manager under
the procedures prescribed by Section 4-1-10,
"Revocation of Licenses,", for a violation of this chapter, or a breach of a
condition in the permit.
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(b)Upon revocation or expiration of any permit, the permittee shall remove
all structures or improvements from the permit area
and restore the area to its condition existing prior to issuance of the permit.
(c)If a permit is revoked, the permittee may not apply for the same type of
permit for one year after the effective date of the
revocation.
4-11-18 Amendments.
The CCLC may recommend amendments m this chapter to the city
council.
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