HomeMy WebLinkAboutcclc.min.122000 .COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF DECEMBER 20, 2000
Meeting was called to order at 8:45 a.m. Members in attendance were
John Start, Jon Busch, Terry Butler and Bill Dinsmoor. Eric Cohen was
excused.
ACRA - Chris Nolan and Lily Garfield from the Retail Assoc.
John said the Isis Theatre ~s important to the tourist world. Possibly a
municipal private partnership could work.
Maybe a group could call on the community to support the Isis.
Jon said the CCLC should ask the city to organize the community; we need
an action plan.
He feels the city is like a mall and theatres are anchors. Keep the diversity
of use in our community for locals and tourists.
John said a film house or the ISIS delivers the diversity in town. Possibly
the Isis could be a community area also.
Lily Garfield, retail owner said that people on the street say it is sad that
we lost a movie theatre and were hoping the competition would help the
Stage Theatre improve their conditions. Is the Isis important to the vitality
of downtown, no. We have lost that.
Jon said the vitality of the town is not dependent on Fende, Gucci, Polo
and the high end Cherry Creek stores here.
Chris Nolan informed the CCLC that the Civic Center master plan group is
frustrated about the ISIS. The board had an idea that the Art Museum and
Theater in the Park being moved to the core. The Isis could be a home for
cultural groups.
Jon: The loss of the theatre will have a detriment to the city with the fast
shortage of conference rooms in town it makes sense for it to become
civically operated or owned. The needs of our active and vital theater and
COMMERCIAL CORE & LODGING COMMISSION
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arts community could make mass use of it. Possibly utilize the mechanics
the way the Wheeler Opera House was redeveloped.
Terry said the theatre should remain civic.
John: The theatre would work if mixed with art, civic etc. $60,000 a
month in rent is too much for a theatre to succeed.
Jon commented on the Civic Center master plan. One idea was to move
city hall to the north part of the plaza and add employee housing. The teen
center would become a visitor center. Possibly the teen center could be
developed and expanded.
John commended Jon and Bill for their trolley effort.
Jon said there is a neon sing that faces the window that says Cantina and
that is a violation. There is also a Corona parrot that you see from the
sidewalk on Mill St. Aspen wine and spirits also has a row of neon signs
pointing out to the parking lot in which you can see from the street.
Terry relayed that there is a need in the community besides skiing and
shopping.
Bill gave an overview of the proposed ordinance to Chris Nolan and Lily
Garfield. The ordinance would be adopted to create commercial and non-
commercial activities in the city. The farmers, market was brought up at
the last meeting and should be incorporated in the ordinance. The farmers
market is going into the direction that is not appropriate and three people
· have a veto-power Who gets in and who does not. Another notion that
came about was Saturday sidewalk sales etc.
Possibly the expansion of the farmers market should include retail sales.
The ski swap was brought up and the community Church yard sale was
brought up. These events are all gone.
Non-profits were brought up and should they be incorporated.
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Chris Nolan: The execution or production of events is requested by the
Chamber on numerous occasions. The chamber is approached by
organization in town and event planners to use our model of assembly
volunteers and permit processes. To date we have been unable to pursue
those events and opportunities. A feasibility study was broUght up by the
chamber to see if they could be a DMC, "destination management
company. Presently due to funding we only have one special events
manager. She has a part time employee five months out of the year. The
chamber had concerns about the fees and could they charge enough to
maintain the staff etc. to coordinate the additional events. The city would
have the approval of the marketing funds that were provided by the city.
There are going to be a number of parties interested in how the fund
appropriated from the city are spent. The emphasis on the funding is
putting "heads in beds. The entire special event issue is questionable
whether the funding can be used for the production of additional special
events.
Jon said there are a few stores with merchandise outside on the sidewalk.
A city-wide sale could be good for the community. He does not want to
deal with businesses totally unorganized entering the event. A fee could be
assessed to administer it and an advertising campaign should be established
for the event.
Lily Garfield asked businesses that were high end and businesses that have
been here for a long time and their first comment was that sidewalk sales
cheapens everybody's store: It cheapens the entire downtown look. Aspen
does not need to turn into the lower east side whether it is for one day or
anyway. She likes the concept of non-profit.
You have ordinances that indicate how long a going out of business sign
can be up on somebody's window. You can't come back and say lets do a
sidewalk sale as some people would want to do it and some do not. You
need to look at who is asking for it. We are not all in the same
playground; some people are on the mall and some are on the side streets
and some people are high end. She doubts very much if Gucci and Louis
Vitton would do a sidewalk sale. We all pay a percentage and a high
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square footage. You are creating or saying to some stores "who ever wants
it" that they can get more square footage at no cost. We all sign leases and
everyone wants to feel that they are all in the same arena. Those people
who opened businesses in Aspen want to keep it a very clean look and they
do not like racks of clothes or tables on the street or on the malls selling
goods!
About 8 years ago we had a carnival "feel" where everybody was doing
something including restaurants. For the food that is a different issue but
for the retailers the basic comment was "how tackey".
Chris said the ACRA has a successful model, Winterskol with booths up
and down the malls. She wonders if the retail piece, sidewalk sale is really
the important part or are we trying to create additional times of the year to
have "pageantry" in the commercial core.
Lily said she remembers from DEPP talking about unloading merchandise
in the buttermilk parking lot. Santa Fe does it. You could invite
Snowmass and Basalt.
John said the mall lends itself to Pageantry.
Lily said the sale would only work if it was not in the central core.
Jon asked if the restaurateurs would want the sales in the core?
John said he feels they would want to maximize the number of people.
Bill said some retail stores do not have product to lend to a sale by image
or by product. There are also clothing stores that lend to seasonal
clothing.
Lily said retail boutiques do not want to cheapen their area.
Lily said the flea market in Santa Fe works because it is five miles away
from the retail stores. You are not competing with people who are trying
to earn a full dollar.
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Retail boutiques have a different vision on how they see Aspen and they do
not want to cheapen the area.
Lilly said a fat tire bicycle event has no pageantry here.
John mentioned some merchant commented on the Farmer's Market and
said Aspen is getting to be Rodeo DriVe and it cheaPens us.
Lily said Unfortunately we have created that kind of climate.
John said we need to bring vitality into the town i.e. people into the down
town area of Aspen and it is a good community value whether it is good
for high end businesses or not. The structure is to bring in more people
and vitality to the central core without doing serious damage to the image
issues that are in support of high end retail.
Lily said the downtown Vail is suffering ever since Edwards came into
existence. Vail is trying to get the locals to come into town and they are
asking the businesses to give discounts. The city of Vail created the
problem and should possible give discounts on sales tax or no sales tax on
a particular night.
John said New York City does it.
Lily said a sale sign brings in people. Everyone should take a hit including
the city.
Lily said what gets everyone is their pocket book. You put an add in the
AsPen Times indicating a new product come on in and nothing happens but
you put an add in 30% off and you get people to come in.
John said it is the concept of getting a discount with the sales tax.
Jon said the high end people do not want sidewalk sales but the lower end
would welcome it.
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Bill asked if you had people living in town instead of down valley does that
give a new vision as to how the town could grow?
Chris Nolan said in terms of the chamber and local retailer she thinks of
David Fleishcher, Charlie Tarver, Steve Deogovelia. These local
merchants have merchandise that is considerably high end.
She feels the core would not shift that dramatically. The documents from
Larry Thoreson regarding the amount of money that emanates from a
relatively concemrated visitor population in a concentrated period of time
is so significant or large in comparison to the local population that it is
supporting and attracting significant retailers.
Aspen is a marquee name.
Bill feels the use of the downtown would change and have a different feel
if we had more housing downtown. Is there an opportunity by ordinance
to create a more exciting retail opportunity in the down town core.
Terry informed the board that Aspen has the most unusual working
population of any town she has ever been in. We have conditioned the
community to the elite.
Lily said high end retailers want the "Aspen" address and they do not care
what the rent is.
Jon questioned as to how many locals feel that they cannot shop in Aspen.
John said locals know exactly what is happening in Aspen. Fendi, Gucci
etc. are no economic stores and are for marketing reasons only.
Lily confirmed that there are high end stores that want their stores in three
different locations in the United States; Rodeo, Madison and Aspen.
Jon said everyone wants to be on the mall in the summer because that is
when everybody is here. Maybe the tourists aren't here.
The people in the valley need to be drawn to Aspen for a day.
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Bill feels that the engine will not be from the retail community because
there are clear lines between hand bag sales and bike sales. There are
groups of people that would love to put their product out.
Kathy Strickland, Chief Deputy City Clerk indicated that the flea market or
sales would have to occur within the City limits because this proposed
ordinance is a City ordinance. Wagner Park or the Rio Grand would be a
suggested area, or the top of the plaza. One of the focuses is to do
something that involves the people of Aspen.
The board requested that we contact Charlie Tarver, owner of the HUB
and someone from a ski shop to attend the next meeting.
MOTION.. Bill moved to adjourn; second by Terry. All in favor, motion
carried.
Meeting adjourned at 11:00 am.
Kathleen J. Strickland, Chief Deputy City Clerk
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MINUTES OF DECEMBER 20, 2000
ORDINANCE NO.
(Series of 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AMENDING SECTIONS X,Y,Z OF THE
MUNICIPAL CODE TO GOVERN OUTDOOR DINING AND SALES
ACTIVITIES IN THE COMMERCIAL CORE OF 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- ! 1-15 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 commemial core area; providing
opportunities for creative, colorful, pedestrian-focnsed commercial
activities on a day/night, year-round (?) and seasonal basis;
encouraging commercial activity 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; providing
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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 air space above the mall.
"CCLC" means the Commercial Core and Lodging Commission
established by Ordinance #
"Educational activity" means all non-commercial activity of any person or
group directed at informing or persuading the public
which is consistent with the provisions of this code and the laws of the
state and the United States, and specifically includes the
passage of petitions and the advocacy of candidates and issues in any
election.
"Entertainment" means a performance or show designed to entertain the
public but excludes services provided on a One to one
basis.
"Festive activity" means a cultural event 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
3, Series of 1973
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"Non-conunercial" means that which does not involve the sale of 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 50I 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 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, or other
equipment on the mall. It also means sales conducted as
a fundraising activity by a non-profit group if:
(1)The group has volunteer members actively engaged in carrying out
the objects of the entity;
(2)Only the group's volunteer members make the sales on the mall;
(3)Such volunteer members receive no remuneration, direct or indirect,
from the sales or sales activities; and
(4)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.
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"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 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.
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 areas of mall property that have been
designated for pedestrian traffic, emergency and
service vehicles, and street furniture.
(2)Zone 2 is the commercial core area bounded by Spring Street on the
east, the alley between Main and Bleeker on the North, Durant Street on
the South and Aspen Street on the west
4-11-4 Uses Prohibited without Permit.
(a)(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 I 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
($) 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 pren~ses. 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 ~s not self-closing and bi-directional it mnstbe 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 to the restauram
(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 m 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 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 pertmtted 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 I shall obtain the written consent of the tenant
occupying the building in front of which the applicant
desires to 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 entertainment 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 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
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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.
4-11-10 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
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 1 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 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
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COMMERCIAL CORE & LODGING COMMISSION
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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.
4-11-16 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 permk~
(c)If a permit is revoked, the permittee may not apply for the same Wpe of
permit for one year after the effective date of the
revocation.
4-11-18 Amendments.
The CCLC may recommend amendments to this chapter to the city
council.
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