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HomeMy WebLinkAboutcclc.min.111500 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 Bill Dinsmoor called the special meeting to order at 8:30 a.m. Member in attendance was Eric Cohen. John Starr, Terry Butler and Jon Busch were excused. 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. 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. 4-11-1 Legislative Intent. COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 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. "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. "Outdoor dining" is defined as wait serviced dispensing and maintenance of food and beverages and does not include take out food that is not supported by a wait staff. Cclc might want to revisit this, definition. "Non-commercial" means that which does not involve the sale or offer for sale real or personal property or a service. 2 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 "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. 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. 3 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 (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. (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. 4 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 (5) Any act or activity performed for three or more days out of any 30 day period needs to be permitted. (This is designed to alloTM 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. (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 5 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 (4) The perimeters of the extension boundary shall be angled at for~y-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 be 44 inches wide per the Building Code. 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. (6) No food or beverage service facilities, including, but not limited to, bus trays, hot plates, shall be located on City-leased premises. Water dispensing and clean table settings i.e. plates, utensils are permitted in the 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.) 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. (9) Any electric, gas lighting or heating must conform with all applicable city codes. 6 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 (10). No signage, including, but not limited to, advertising on 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. Exemption: Signage permitted on umbrellas (sign code may need amended) 11. Outdoor dining in Zone 2 is prohibited on public property without a special permit. 4-11-6 Displays of Merchandise in public rights-of-way. (a) Displays of merchandise in the pnblic right-of-ways are prohibited except within the context of a special event. 4-11-8 Sidewalk Sales CCLC had the idea that sales can occur throughout the year with some benefit to non-profits or ? bet a business person in. Possibly the fall color festival CCLC Some non-profit possibly incluee the fall ski swap. (a) Sidewalks Sales shall be allowed in zones 1 and 2 on 4 designated days during the season between Memorial Day and October 15~. (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 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. 4-11-9 Mobile Vending Cart Permit. (a) Mobile vending carts are not allowed in Zones ! or 2 7 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 4-1 !-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 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 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 8 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 use for a period of thirty days, or if the permittee has failed to maintain the newshox 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 properS, 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 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 9 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 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 1 shall obtain the written consent of the tenam occupying the building in front of which the applicant desires to locate. (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 Pemfit 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 10 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 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 to 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 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 11 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 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 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. 12 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15, 2000 (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. 4-11-16 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. (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. 13 COMMERCIAL CORE & LODGING COMMISSION MINUTES OF NOVEMBER 15~ 2000 The CCLC may recommend amendments to this chapter to the city council. 14