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HomeMy WebLinkAboutordinance.council.067-85 RECORD OF PROCEEDINGS ORDINANCE NO. ~__~ AN OP. DINANCE A~ENDING SECTION 24 OF C~APTER 20, TI~SIIANING, BY RE~ING A~ RE~A~XNG SE~XONS 20-24(E)(3)(C) AND 20-24(0)(2), ~A~ 20, ~ ALLO~ TX~S~E OP~O~ TO PR~XDE FREE ~S~XON ~ ~G ~R PROSPE~IVE BUYERS AND REPEALING AND REENA~ING SE~XON 20-24(S)(2), ~BIS~ ~ G~ED ~ ~I~S~ FEE ~U~ W~EREAS, the City Council of Aspen, Colorado (hereinafter "Council"), deems it to be in the best interests of the City of Aspen, to amend Section 20-24, Timesharing of the City of Aspen Municipal Code, to allow greater flexibility to timeshare operators in offering free transportation and lodging for prospective buyers and to establish a graduated licensing fee structure; and WSEREAS, having received and considered the recommendation of the Aspen Planning and Zoning Commission, Council desires to amend provisions of Section 20-24 of the Municipal Code of the City of Aspen, as hereinbelow provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That Section 20-24(E)(3)(c) of the Municipal Code of the City of Aspen be and the same is hereby repealed, and re-enacted to read as follows: "(c) Gift giving practices consisting of: (1) Gifts valued in excess of one hundred dollars ($100.00) to induce prospective purchasers to attend sales presentation or to purchase timeshare estates; (2) Any gift for which an accurate description is not given; (3) Any gift package for which notice is not given to the prospective purchaser (s) that he will be required to attend a sales meeting as a condition of receiving the gifts; and (4) Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. Travel and lodging for the inspection of timeshare projects shall not be included in the definition of gifts for the purposes of this section." RECORD OF PROCEEDINGS That Section 20-24(0)(2) of the Municipal Code of the City of Aspen be and the same is hereby repealed and re-enacted as follows: "(c) Gift giving practices consisting of: (1) Gifts valued in excess of one hundred dollars ($100.00) to induce prospective purchasers to attend sales presentation or to purchase timeshare estates; (2) Any gift for which an accurate description is not given; (3) Any gift package for which notice is not given to the prospective purchaser(s) that he will be required to attend a sales meeting as a condition of receiving the gifts; and (4) Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. Travel and lodging for the inspection of timeshare projects shall not be included in the definition of gifts for the purposes of this section." That Section 20-24(S)(2) of the Municipal Code of the City of Aspen be and the same is hereby repealed and re-enacted as follows: "For each license issued under the provisions of this paragraph, an annual fee shall be paid according to the following schedule: o First ten units in the project: $100 per unit; o Next twenty units in the project: $60 per unit; and o All units in excess of the first thirty units in the project: $30 per unit. The appropriate fee shall accompany the application. In the first year of issuance, the amount of the license fee shall be prorated according to the nember of days left in the year. The initial fee shall be returned to the applicant if the timeshare application is denied." If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. A public hearing on the Ordinance shall be held on the /~day of _ ~g-~~ . 198~, at 5:00 P.M. in the City Council Chambers, AS City Hall, Aspen, Colorado, 15 days prior to which hearing notice of 2 RE(~RD OF PROCEEDINGS the same shall be published once in a newspaper of general circulation within the City of Aspen. INTI~OD~CED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its reqular meeting held on the ~da¥ of ~ , 1985. William L. Stifling, Ma~or ATTEST: ~ Kath:ryn S~(och, C~ty Clerk ad , passed and approved on the /~'~day of _ William L. Stifling, Mayo Kathryn S~ch, City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLO~ CERTIFI~TE COUNTY OF PITKIN I, Kathryn $. Koch, city Clerk of Aspen, Colorado, do here~ certify that the above and foregoing ordinance was introduced, read in full, and ~ssed on first reading at a regular meeting of the City Council of the City of Aspen on .~E-~4/ ~ , 1985, and published in the Aspen Times, a weekly newspa~r of general circulation published in the Ci~ of Aeon,Colorado, in its issue of ~. . /~_~ 1985, and was finally adopted and approved at a regular meeting of the City Council on .///~O~6~' '~~ /3 . . , 19~ and ordered published as Ordi..~..ce No. , Series of 1985, of said City as provided ~ law. IN WITNESS WHEREOF, I have hereunto set ~ ~nd and the seal of said City of Aspen, Colorado this _Z_J_~__ .... day of - Kathryn ~. Koch, City Clerk SEAL Deputy City ~erk