For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
"Accommodation unit"
shall mean any room or group of rooms with or without full
kitchen facilities designed for or adapted to occupancy by guests,
available for short-term rental by an individual or group of individuals
which is intended to be rented on a short-term basis. Included within
this definition are hotels, bed and breakfast establishments, condominiums,
duplexes and single- or multi-family residences.
"Advertisement"
shall mean a non-personal marketing communication to promote
the rental of an accommodation unit. This includes paid and non-paid
forms of marketing, including print (e.g., mailings, brochures) and
electronic means (e.g., internet listings, blogs, e-mail, social media
sites).
"Building Code"
means the International Building Code, International Residential
Code, International Mechanical Code, International Fuel Gas Code,
International Property Maintenance Code, International Existing Buildings
Code, and International Fire Code, as such are adopted by the town.
"Business"
shall mean all kinds of vocations, occupations, professions,
enterprises, establishments and all other kinds of activities and
matters, together with all devices, machines, vehicles and appurtenances
used therein, any of which are conducted for private profit or benefit,
either directly or indirectly, on any premises in the town or anywhere
else within its jurisdiction.
"Commercial."
The term "commercial" relates to or is connected with trade
and traffic or commerce in general.
"Commercial solicitation"
means a person approaches or attempts to get the attention
of another or others in order to promote a business, opportunity or
item commercial in nature. Such act may be either oral, written or
assertive conduct. By way of example, but not as any limitation, such
acts include the distribution of cards, handbills or pamphlets and
oral invitations or statements intended to induce or inform others
of a business opportunity or item.
"Corporate entity"
means a legal entity formed for any business purpose, including
the purchase, holding, management and sale of real property, and authorized
to do business in the state of Colorado, including without limitation
entities denominated as corporations, limited liability corporations,
partnerships, and limited liability partnerships.
"Employee"
shall mean any person receiving compensation from a business
subject to the provisions of this article subject only to the following:
Any person who works 20 hours or more per week is considered a full-time
employee. Any combination of persons who together work 20 hours or
more per week are counted as one full-time employee for each increment
of 20 hours, or fraction thereof, worked per week; an employee includes
an owner, manager, partner, associate or proprietor who works for
and receives compensation from his/her business; and, further, includes
commissioned agents or independent contractors performing services
for the business on more than a temporary basis.
"Nonprofit organization"
shall mean those groups which have been granted a Section
501(c)(3) or Section 503 tax-exempt status by the Internal Revenue
Service.
"Peddler"
shall mean a person who engages in a temporary business of
selling and/or delivering wares or merchandise.
"Person"
shall mean individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts or corporations,
or any officers, agents, employees, factors or any kinds of personal
representatives of any other person, under either personal appointment
or pursuant to law.
"Premises"
shall mean all lands, structures, places and also the equipment
and appurtenances connected or used therewith, in any business, and
also any personal property which is either affixed to or is otherwise
used in connection with any such business connected on such premises.
"Primary residence"
shall mean a residence which is the usual place of abode
for housing as documented by the vested title property owner of record
signing an affidavit to that effect and providing at least two of
the following: driver's license, Colorado state identification card,
or voter registration. A person can have only one primary residence.
"Public property"
shall mean all real property owned, leased, or managed by
the Town of Mt. Crested Butte, including, but not limited to, public
rights-of-way, streets, sidewalks, parks, and parking areas.
"Sale" or "sell"
shall mean the exchange of goods or services for money or
other consideration, including the offering of goods or services for
donations.
"Short-term rental"
means any accommodation unit or portion thereof rented for
a period of less than 30 consecutive days. Rentals of entire dwelling
units, individual rooms, or portions of rooms shall each be considered
short-term rentals.
Solicitor.
The term "solicitor" is to be limited to a person engaged
in the acts of commercial solicitation as defined in this section
when such person is, or may be, receiving some form of compensation
or in any way is employed by, represents or is associated with the
promoted business opportunity or item.
"STR"
means any accommodation unit or portion thereof rented for
a period of less than 30 consecutive days. Rentals of entire dwelling
units, individual rooms, or portions of rooms shall each be considered
short-term rentals.
"STR licensee"
means an owner, corporate entity or lessee of the short-term
rental.
"Vending activity"
shall mean the act of selling or offering for sale wares,
goods, merchandise, food, or services from a vending cart, from a
location outside of a building, and which activity is not an accessory
use as defined in this Code.
"Vending cart"
shall mean a nonpermanent mobile structure for the display
of goods, merchandise, food, wares, or services.
"Vendor"
shall mean any established business not having an operating
location within the town at any time during the calendar year, but
which otherwise does business within the town.
(1)
A seasonal vendor is a vendor doing business within the town
during part of the calendar year, not exceeding four calendar months,
which months need not be consecutive.
(2)
A regular vendor is a vendor doing business within the town
in excess of four calendar months within each calendar year, which
months need not be consecutive.
"Zoning administrator"
shall mean the town manager or designee whose duty it is
to enforce the regulations of this chapter.
(Ord. No. 20-2, § 1, 6-2-20; Ord. No. 21-3, § 1, 5-18-21; Ord. No. 21-7, § 1, 8-13-21; Ord. No. 23-1, 2-7-23; Ord. No. 23-7, § 3, 9-19-23)