All public property, including rights-of-way, within the town's
corporate limits, are the property of the town. Public rights-of-way
are administered for and utilized primarily for the benefit of the
traveling public and franchised municipal utilities. The purpose of
this article is to regulate the location, time, manner, and amount
of vending activities on public property in such manner as to protect
the rights of the public, public property, and the rights of private
property owners to peace and tranquility in their residences.
(Ord. No. 93-7, § 2, 8-17-93; Ord. No. 21-3, § 1, 5-18-21)
It shall be unlawful for any person to engage in the business
of solicitor or peddler of any merchandise, article or thing of value,
or for any solicitor, peddler or transient vendor, whether licensed
or not, to conduct his/her business or solicit patron-age therefor
upon or within the rights-of-way of the following roads within the
town between the hours of 8:00 a.m. and 6:00 p.m., local time, during
the ski season, defined as those continuous days that the Crested
Butte Mountain Resort, Inc.'s Mt. Crested Butte ski area is open for
public skiing under its United States Forest Service permits:
(a)
The
Gothic County Road, from the southern town boundary to the Whetstone
Road;
(b)
Treasury
Road, from the Gothic County Road to Emmons Road;
(c)
Emmons
Road;
(d)
Emmons
Loop;
(e)
Snowmass
Road;
(f)
Hunter
Hill Road from Gothic Road to Snowmass Road.
(Ord. No. 83-2, § 3, 2-15-83; Ord. No. 21-3, § 1, 5-18-21)
This article expressly excludes any vehicle used for transportation
and properly licensed in which a commercial solicitation is made to
any passengers therein.
(Ord. No. 83-2, § 4, 2-15-83; Ord. No. 21-3, § 1, 5-18-21)
(a)
Permit
required. It shall be unlawful for any person to engage in vending
activity on public property without a permit or without compliance
with the provisions of this chapter, or the rules and regulations
promulgated in connection herewith.
(b)
Application
required. An application for a vending permit, including a drawing
or photograph of the proposed vending cart and proposed signage, shall
be submitted to the town manager or designee for approval or disapproval
prior to commencing vending activity. The application shall be in
a form prescribed by the town manager. The town manager or designee
may approve the application only after determining that:
(1)
The
application, including fees and evidence of insurance, is complete;
(2)
The
proposed vending activity is consistent with the purposes and requirements
of this chapter;
(3)
Issuance
will not exceed the maximum allowable number of permits;
(4)
The
applicant has the ability to comply with the requirements of this
chapter and any necessary permit conditions;
(5)
Applicable
rules and regulations for permit administration have been complied
with.
(c)
Rules
and regulations. Rules and regulations consistent with this section
shall be promulgated by the Mt. Crested Butte town manager which shall
specifically deal with the hours of operation for vendors, the type
of vending activities to be allowed in any permit year, and other
matters which the town manager deems appropriate. In promulgating
said rules and regulations, the town manager shall solicit the input
of all interested persons and specifically a representative of both
the business community in the town and a representative vendor then
holding a valid vending permit from the town. These rules and regulations
shall be reviewed no less than annually by the town manager between
the date of April 15 and May 15 of each year, making such changes
and revisions as the town manager deems appropriate consistent with
this section.
(d)
Indemnification.
As a permit condition, persons engaging in vending activity shall
agree to indemnify and hold harmless the town, its officers, employees,
and agents arising against any and all claims for damage to persons
or property arising out of or resulting from the permittee's actions
or omissions in the permitted use. Vendors shall deliver to the town
a certificate of public liability and property damage insurance naming
the town as an additional insured under the vendor's insurance policy.
Such insurance shall be in the amounts of at least that required by
the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq.,
or any successor legislation, as the same may be amended from time
to time. The policy shall further provide for 30 days' notice to the
town of cancellation or material change. Evidence of such insurance
is required prior to permit issuance.
(e)
Nontransferability.
The vending permit is not transferable or assignable.
(f)
Noninterference.
No person engaged in vending activity shall make any unnecessary sounds
or noise, or obstruct any sidewalk or other public property, or disturb
or impede other persons or otherwise author any public nuisance. The
use of radios, stereos, and tape decks in connection with any vending
activity is prohibited.
(g)
Area
maintenance. A vendor shall maintain both the permitted area and the
cart in a neat, clean, and hazard-free condition. Applicants must
show proof of their ability to provide for disposal of trash generated
by his or her business.
(h)
Choice
of vendors. When demand for permitted areas exceeds spaces available,
the town manager or designee shall consider the following factors
when deciding which applicant shall be issued a permit:
(1)
Applicant's
prior permitted vending activity and/or applicant's prior business
activity within the town;
(2)
Date
of application;
(3)
Diversity
of offered food, goods, wares, merchandise, or services; and
(4)
Gunnison
County residency.
(i)
Renewal. Vendors who have complied with permit requirements and remain
in compliance with the provisions of this chapter shall have the first
right to renew for the next year. A vendor wishing to renew must notify
the town manager in writing of his or her intent by April 15.
(Ord. No. 93-7, § 4, 8-17-93; Ord. No. 21-3, § 1, 5-18-21; Ord. No. 23-7, § 4, 9-19-23)
(a)
There
shall be outdoor vending areas on public property at the town center.
These shall be delineated on a map maintained by the town manager
or designee and may change size and location from time to time.
(b)
The
application fee shall be $10, nonrefundable. The required application
fee shall be submitted with the application. No application fee is
required for vendors renewing their permits, as long as there have
been no changes in their operations.
(c)
The
permit fee shall be $300 yearly, payable within seven days of notification
by the town of acceptance of the vending application.
(d)
For
those vending activities requiring use of the town's electrical power,
there shall be a fee of $5 per month, payable on the first of each
month.
(e)
Any
person or organization with proof of nonprofit status or charitable
public purpose may apply to the town manager for approval of a waiver
of vending permit fees.
(f)
The
permit term is from June 1 through May 31.
(Ord. No. 93-7, § 4, 8-17-93; Ord. No. 21-3, § 1, 5-18-21)
