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02-04-19 Town Council PacketTown Council Monday, February 04, 2019 4:00 PM 130 Kearns Road Council Chambers Agenda 1.CALL TO ORDER - Mayor Butler called to order the Regular Meeting of the Snowmass Village Town Council 2.ROLL CALL 3.PUBLIC COMMENT - This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. (Five Minute Time Limit) 4.CONSENT AGENDA - These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 4.A.DRAFT AGENDAS Draft Agendas Page 3 4.B.MINUTES FOR APPROVAL 1 Town Council Page - 2 01-22-19 Minutes for Approval Page 6 4.C.RESOLUTION NO. 07, SERIES OF 2019 - A RESOLUTION APPOINTING MEMBERS TO THE ENVIRONMENTAL ADVISORY BOARD, PART TIME RESIDENTS ADVISORY BOARD AND THE SNOWMASS ARTS ADVISORY BOARD Agenda Summary New Board Member Page 11 Reso No 7, Series of 2019 Page 12 App - Debbie Shore Page 14 App Joyce Shenk Page 16 App Anne M White Page 18 App Michael Miracle Page 20 App Steve Sklar Page 22 5.ADMINISTRATIVE REPORTS 5.A.Provide Direction to SAAB on the draft RFQ/RFP for a Public Art piece to be located near Town Park Station Agenda Summary Public Art Page 24 SAAB RFQ RFP Town Park Station Page 27 Attachment A Page 35 Attachment B Page 38 Attachment C Page 40 5.B.FINANCIAL ADVISORY BOARD AND ENVIRONMENTAL ADVISORY BOARD RENEWABLE ENERGY PROJECT RECOMMENDATIONS Agenda Summary EAB FAB Findings on Renewable Projects Page 42 5.C.CONTINUED DISCUSSION ON RAISING THE AGE TO PURCHASE TOBACCO PRODUCTS TO TWENTY-ONE Agenda Summary Tobacco Purchase to 21 Page 45 A Examples of Fines and Penalties Page 47 B - Aspen's Ordinance Page 51 C - Basalt's Ordinance Page 63 D- Carbondale's Ordinance Page 80 E - TOSV Smoking Regulations Page 86 F - Tobacco Retail Licensing Memo Pitkin County Page 90 5.D.KRABLOONIK DISCUSSION Agenda Summary Krabloonik Page 91 Krabloonik Explanation of lease change Page 92 2 Town Council Page - 3 Krabloonik Best Practices Page 93 Krabloonik Management Plan Page 96 Krabloonik Existing Lease Page 99 6.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 7.ADJOURNMENT 3 DRAFT 2019 Agenda Items • Regular Meetings begin at 4:00 p.m. unless otherwise noted • Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. • The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. • In addition to agenda items, this document also lists expected absences of Town Council members. In compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. 2019 Meetings Mon. Feb. 4th – Regular Meeting • FAB & EAB Renewable Energy Project Recommendations • Discussion on Increase age to purchase Cigarettes to 21 • Krabloonik • SAAB update on artist recruitment RFQ • Reso 7 EAB, PTRAB, SAAB Mon. Feb. 11th – Work Session (Goode, Madsen out) Cancelled due to lack of quorum • Meeting with PTRAB Tues. Feb. 19th – Regular Meeting (Monday is Presidents Day) (Shenk Out) • Fire District – Wildfire Mitigation Updates and Recommendations • Joint Meeting w. Planning Commission – Snowmass Center PUD • Input on setting the EOTC agenda (March 21) • 1st reading ord no 4 purchase Cigarettes age to 21 • Pitkin County Open Space Presentation and Discussion re: wildlife Gary T and Lindsey?? Mon. Mar. 4th – Regular Meeting • Reso with recommendations to TC from Citizen Grant Review Board • 2nd reading ord no 4 purchase Cigarette age to 21 • 1st reading Ord no 2 revising 2019 budget • 1st reading Ord no 3 Introduction of regarding retail marijuana sales Mon. Mar. 11th – Work Session Mon. Mar. 18th – Regular Meeting • Preparation for EOTC Meeting (on March 21) • 2nd reading Ord revising 2019 budget • 2nd reading Ord 3 mj sales Thurs Mar. 21 – EOTC Meeting – Snowmass Village will Chair-(Goode Out) Mon. Apr. 1st – Regular Meeting Mon. Apr. 8th – Work Session Mon. Apr. 15th – Regular Meeting 02-04-19 TC Packet Page 3 of 119 4 DRAFT 2019 Agenda Items Mon. May 6th – Regular Meeting Mon. May 13th – Work Session Mon. May 20th – Regular Meeting Mon. Jun. 3rd - Regular Meeting Mon. Jun. 10th - Work Session Mon. Jun. 17th - Regular Meeting Thurs. Jun. 20th - EOTC Meeting - Pitkin County to Chair Mon. Jul. 1st - Regular Meeting Mon. Jul. 8th - Work Session Mon. Jul. 15th - Regular Meeting Mon. Aug. 5th - Regular Meeting Mon. Aug. 12th - Work Session Mon. Aug 19th - Regular Meeting Tue. Sep. 3rd - Regular Meeting (Monday is Labor Day) Mon. Sep. 9th - Work Session Mon. Sep. 16th - Regular Meeting Mon. Oct. 7th - Regular Meeting Mon. Oct. 14th - Work Session Thurs. Oct. 17th - EOTC Meeting -Aspen to Chair Mon. Oct. 21st - Regular Meeting Mon. Nov. 4th - Regular Meeting Mon. Nov. 11th -Work Session Mon. Nov. 18th - Regular Meeting Mon. Dec. 2nd - Regular Meeting Mon. Dec. 9th - Special Meeting Mon. Dec. 16th - Regular Meeting 02-04-19 TC Packet Page 4 of 119 5 DRAFT 2019 Agenda Items Topics for Work Sessions or Other Meetings Requested by Town Council Members • Update on Daly Town Home regarding retaining wall • How did they do that? • Environmental Discussions/ Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation of the Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide effort enabling individuals to help make progress 7) Update Council on solar project that was included in 2019 budget with findings from FAB, etc • Housing strategy: 1) discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy • Action on Necessary IGA’s or other documents regarding “school property tax” distribution • A discussion on potentially allowing camping (RV or other) within the Village • Schedule Updates will all of the Town Boards to review priorities and current initiatives o EAB o FAB o PTRAB o POSTR o Marketing o Grants – Recent Awards; Review of Criteria; Purpose, etc. o SAAB o Planning • RFTA Strategic Priorities Update w. New Mill Levy 02-04-19 TC Packet Page 5 of 119 6 01-22-19 TC Minutes Page 1 of 5 SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES January 22, 2019 1 1) CALL TO ORDER 2 3 Mayor Butler called to order the Regular Meeting of the Snowmass Town Council on 4 Tuesday, January 22nd, 2019 at 4:02 p.m. 5 6 7 2) ROLL CALL 8 9 10 COUNCIL MEMBERS PRESENT: Tom Goode, Bob Sirkus, Alyssa Shenk, Markey Butler COUNCIL MEMBERS ABSENT: Bill Madsen STAFF PRESENT: Julie Ann Woods, Community Development Director; Brian McNellis, Planner; Travis Elliott, Assistant to the Town Manager; Clint Kinney, Town Manager; John Dresser, Town Attorney; Betsy Crum, Housing Director; Marianne Rakowski, Finance Director; Barbara Peckler, Admin. Asst. PUBLIC PRESENT: Richard Shaw, Tom Marshall, Ben Genshaft and other members of the public interested in today’s Agenda items. 11 12 3) PUBLIC COMMENT 13 14 Tom Marshall, a longtime local, has spent many years hiking the areas surrounding 15 Snowmass Village. While doing so he carried out and saved several pieces of petrified 16 wood that he found. With the Discovery center being created, he would like to donate 17 this find to the town as an added facet for the history of Snowmass. Tom provided 18 council with photos of the discovery. Council asked Clint to follow up with this and 19 asked Tom if he would be interested in coming back to present to Council a full history 20 of the beginning of Snowmass Village. 21 22 4) CONSENT AGENDA 23 02-04-19 TC Packet Page 6 of 119 7 01-22-19 TC Minutes Page 2 of 5 24 25 4.A DRAFT AGENDAS 26 27 4.B MINUTES FOR APPROVAL 28 29 Council Member Shenk asked for the sentence on Line 113 and 114 of the minutes be 30 clarified. Council suggested potential topics to be added to future agendas; Council to 31 meet with all the Town Boards, update from RFTA and a potential speaker on the effects 32 of vaping. Council Member Goode will be out for the EOTC meeting on March 21st, 2019. 33 Bob Sirkus made the motion to approve those items listed on today’s consent Agenda 34 with the stated amendments. Tom Goode seconded the motion. The motion was carried 35 by a vote of 4 in favor to 0 opposed. Council Member Madsen was absent. 36 37 Voting Aye: Tom Goode, Bob Sirkus, Alyssa Shenk, Markey Butler 38 39 Voting Nay: None 40 41 5) ADMINISTRATIVE REPORTS 42 43 5.A RESOLUTION NO. 04, SERIES OF 2019 - A RESOLUTION CONCERNING 44 WAIVERS OF CERTAIN PRELIMINARY PLAN REQUIREMENTS FOR THE 45 SNOWMASS CENTER PLANNED UNIT DEVELOPMENT (PUD) 46 APPLICATION 47 48 Brian McNellis, Planner submitted a request for Council to review which requires a 49 Resolution before it can take effect. The request is for a deferral of certain Preliminary 50 Plan requirements for the Snowmass Center Planned Unit Development. Eastwood 51 Partners LP (Applicant) specifically asked for deferral for Homeowners Association 52 documentation including Articles of Incorporation, Bylaws, Master Deed, and 53 Covenants. They feel this requirement is premature in the planning process and all 54 documents will be presented to Council just at a further point in the process. The 55 Planning Department and John Dresser, Town Attorney have discussed this issue, and 56 all agree the request is acceptable. Richard Shaw and Ben Genshaft from Eastwood 57 Partners LP. were present for any Council questioning or concerns. 58 Tom Goode made the motion to approve Resolution No. 04, Series of 2019 - A Resolution 59 concerning waivers of certain Preliminary Plan requirements for the Snowmass Center 60 Planned Unit Development (PUD) application. Bob Sirkus seconded the motion. The 61 motion was carried by a vote of 3 in favor to 0 opposed. Council Member Madsen absent, 62 Council Member Shenk recused. 63 64 Voting Aye: Tom Goode, Bob Sirkus, Markey Butler 65 66 Voting Nay: None 67 02-04-19 TC Packet Page 7 of 119 8 01-22-19 TC Minutes Page 3 of 5 68 69 5.B RESOLUTION NO. 06, SERIES OF 2019 - A RESOLUTION APPROVING A 70 CONTRACT BETWEEN THE TOWN OF SNOWMASS VILLAGE WITH 71 CARRIAGE, LLC FOR THE PURCHASE AND SALE OF REAL ESTATE 72 AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE 73 CONTRACT WITH CARRIAGE, LCC FOR THE PURCHASE AND SALE OF 74 REAL ESTATE. 75 76 An overview of the necessity of the Resolution was given to Council by Betsy Crum, 77 Housing Director. The property (Carriage Way Apartments) is currently 12 free market 78 units and the Town would like to preserve these units for employee housing. Potential 79 terms have been agreed on and with the approval of the Resolution the 120 days of due 80 diligence can begin. During this time the Town will also be looking at different financing 81 options. Once everything has been completed it will come back to Council for their final 82 approval. 83 At this time all questions and concerns Council had were addressed by Betsy Crum and 84 John Dresser 85 Tom Goode made the motion to approve Resolution No. 06, Series of 2019 - A Resolution 86 approving a contract between the Town of Snowmass Village with Carriage, LLC for the 87 purchase and sale of real estate and authorizing the Town manager to execute the 88 contract with Carriage, LCC for the purchase and sale of real estate. Alyssa Shenk 89 seconded the motion. The motion was carried by a vote of 4 in favor to 0 opposed. 90 Council Member Madsen absent. 91 92 Voting Aye: Tom Goode, Bob Sirkus, Alyssa Shenk, Markey Butler 93 94 Voting Nay: None 95 96 5.C ORDINANCE NO. 01, SERIES OF 2019-AN ORDINANCE AMENDING THE 97 2019 BUDGET FOR THE HOUSING FUND FOR THE TOWN OF 98 SNOWMASS VILLAGE AND DECLARING AN EMERGENCY 99 100 With the passing of Resolution No. 06, Series, an emergency Ordinance is required to 101 provide the funding for Resolution No. 06 from the Housing Budget. The expenditures 102 will be needed for earnest money and the estimated due diligence expenses related to 103 the purchase of the Carriage Way Apartments. Marianne Rakowski, Finance Director 104 explained an Emergency Ordinance is needed because the opportunity to acquire 105 Carriage Subdivision, Lot 1, at an advantageous price and on favorable terms and 106 conditions may be lost due to market conditions if not acted upon immediately. An 107 Emergency Ordinance does not require a 2nd reading or the waiting of 15 days before it 108 can be put into effect, once approved it is effective. 109 Bob Sirkus made the motion to approve Ordinance No. 01, Series of 2019-An Ordinance 110 amending the 2019 budget for the housing fund for the Town of Snowmass Village and 111 02-04-19 TC Packet Page 8 of 119 9 01-22-19 TC Minutes Page 4 of 5 declaring an emergency. Tom Goode seconded the motion. The motion was carried by a 112 vote of 4 in favor to 0 opposed. Council Member Madsen absent. 113 Roll call vote was taken; 114 Voting Aye: Tom Goode, Bob Sirkus, Alyssa Shenk, Markey Butler 115 Voting Nay: None 116 117 118 6) TOWN COUNCIL REPORTS AND ACTIONS 119 120 121 6.A RESOLUTION NO. 05, SERIES OF 2019 - A RESOLUTION 122 APPOINTING MEMBERS TO THE PLANNING COMMISSION AND THE 123 MARKETING, GROUP SALES AND SPECIAL EVENTS BOARD 124 125 There was no discussion or questions concerning the applicants. Council appreciated 126 Markey’s effort with the interview process and assisting those who were not appointed 127 to fulfill other open positions on other Town Boards. Overall the interview process was 128 very helpful, next time around more than 15 minutes is needed with some spaces in 129 between. 130 Bob Sirkus made the motion to approve Resolution No. 05, Series of 2019 - A Resolution 131 appointing members to the Planning Commission and the Marketing, Group Sales and 132 Special Events Board. Alyssa Shenk seconded the motion. The motion was carried by a 133 vote of 4 in favor to 0 opposed. Council Member Madsen absent. 134 Voting Aye: Tom Goode, Bob Sirkus, Alyssa Shenk, Markey Butler 135 Voting Nay: None 136 137 Town Council Reports: 138 139 Council Member Shenk has a NWCCOG meeting on Thursday. Alyssa would like to 140 see even if it is not complete the report from Michael’s Discovery presentation. Clint will 141 check on the status of this report. Reminder the High School will be presenting a 142 seminar on Vaping this coming Wednesday. 143 Mayor Butler attended a Public Health Board Meeting, number 1 issue right now is 144 raising the age to purchase Tobacco to 21 and the issue of teen Vaping. This is 145 discussion is scheduled for the next Regular Town Council Meeting. Dr. Levins would 146 like to be present for this discussion, Markey asks that someone make sure to invite her 147 to the meeting. State has taken over all of Pitkin County Food inspections, the board 148 will be giving them 3 months then they will be talking to the restaurants to see how it is 149 working. Final note on RFTA, there has been an update on the Strategic Plan, Markey 150 would like to see if Dan from RFTA could provide a presentation to Council. 151 Council Member Goode attended a core meeting, a lot going on with the 25th 152 Anniversary coming up along with the Retreat in February. New schedule of rebates will 153 be coming out, several based on the 25th Anniversary theme. More to come following 154 the Retreat concerning the Strategic Plan. 155 02-04-19 TC Packet Page 9 of 119 10 01-22-19 TC Minutes Page 5 of 5 Mayor Butler had a few final Public Announcements 156 • Free radon testing kits can be picked up from the Pitkin County offices 157 • Check out the Collective on Monday and Tuesday evening, Dave Dwyer is 158 performing 159 160 161 162 7) ADJOURNMENT 163 164 AT 4:40 p.m. 165 166 Tom Goode made the motion to adjourn the Regular Meeting of the Snowmass Village 167 Town Council on Tuesday January 22nd, 2019. Bob Sirkus seconded the motion. The 168 motion was carried by a vote of 4 in favor to 0 opposed. Council Member Madsen absent. 169 170 Voting Aye: Tom Goode, Bob Sirkus, Alyssa Shenk, Markey Butler 171 172 Voting Nay: None 173 174 175 176 177 178 This set of minutes was approved by the Snowmass Village Town Council at their 179 Regular Meeting on Monday, February 4th, 2019. 180 Submitted By, 181 182 183 ___________________________ 184 Barbara Peckler 185 186 187 188 02-04-19 TC Packet Page 10 of 119 11 1 Town of Snowmass Village Agenda Item Summary Date of Meeting: February 04, 2019 Agenda Item: RESOLUTION NO. 07, SERIES OF 2018- A RESOLUTION APPOINTING MEMBERS TO THE ENVIRONMENTAL ADVISORY BOARD, PART TIMES RESIDENTS ADVISORY BOARD AND SNOWMASS ARTS ADVISORY BOARD Presented By: Rhonda B Coxon, Town Clerk Background: Section 8.3 of the Home Rule Charter states that members of all boards and commissions shall be appointed by the Town Council. The vacancies have been publicly posted and published. The Town received the following applications for the open seats on the various boards listed below. Environmental Advisory Board Debbie Shore, At Large 3yr-term expires 12/21 Part Time Residents Advisory Board Joyce Shenk, Single Family Home 3yr -term expires 12/21 Snowmass Arts Advisory Board Anne M. White 2yr -term expires 12/20 Michael Miracle 2yr -term expires 12/20 Steve Sklar 2yr -term expires 12/20 Financial Impact: N/A Council Options: 1. Approve 2. Modify 3. Deny Staff Recommendation: Approval ATTACHMENTS: Applications Attached 02-04-19 TC Packet Page 11 of 119 12 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO. 07 4 SERIES OF 2019 5 6 A RESOLUTION APPOINTING MEMBERS TO THE ENVIRONMENTAL 7 ADVISORY BOARD, PART TIMES RESIDENTA ADVISORY BOARD AND 8 SNOWMASS ARTS ADVISORY BOARD 9 10 WHEREAS, Section 8.3 of the Home Rule Charter states that members of 11 all boards and commissions shall be appointed by the Town Council; and 12 13 WHEREAS, the terms of members on certain boards and commissions 14 have expired and resignations have been submitted; and 15 16 WHEREAS, vacancies have been publicly posted and published in 17 accordance with the terms and conditions of the Home Rule Charter; and 18 19 WHEREAS, the following citizens have submitted applications expressing 20 a desire to be appointed; and 21 . 22 23 NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of 24 Snowmass Village, Colorado: 25 26 That the following citizens are hereby appointed to serve as follows: 27 28 Section One: Appointments and Terms 29 30 Environmental Advisory Board 31 Debbie Shore, At Large 3yr-term expires 12/21 32 33 Part Time Residents Advisory Board 34 Joyce Shenk, Single Family Home 3yr -term expires 12/21 35 36 Snowmass Arts Advisory Board 37 Anne M. White 2yr -term expires 12/20 38 Michael Miracle 2yr -term expires 12/20 39 Steve Sklar 2yr -term expires 12/20 40 41 INTRODUCED, READ AND ADOPTED, the Town Council of the Town of 42 Snowmass Village, Colorado, on the 4th day of February 2019 with a motion 43 made by Council Member _____ and seconded by Council Member _____ and 44 by a vote of __ in favor to __ opposed. 45 46 47 TOWN OF SNOWMASS VILLAGE 48 49 02-04-19 TC Packet Page 12 of 119 13 19-07 Page 2 of 2 50 ____________________________ 51 MARKEY BUTLER, Mayor 52 53 ATTEST: 54 55 ___________________________ 56 RHONDA B. COXON, Town Clerk 57 58 59 02-04-19 TC Packet Page 13 of 119 14 Apply for a Board or Commission Thank you for your interest in one of our Boards or Commissions! Please select which board you are applying for and complete the form below. Please select the Board or Commission you are Applying For:* Please select the seat you wish to fill on the EAB:* Full Name * Phone Number Secondary Phone Number Email * Confirm Email * Address Is your Mailing Address different than the Address Above?* Mailing Address Board of Appeals & Examiners Citizens Grant Review Board Environmental Advisory Board Financial Advisory Board Marketing, Group Sales, & Special Events Board Parks, Open Space, Trails, & Recreation (POSTR) Board Part-Time Residents Advisory Board Planning Commission Snowmass Arts Advisory Board At Large Specialty Debbie Dietz Shore 970.618.4335 970.923.2056 dshore@swsd.org dshore@swsd.org City Snowmass Village State / Province / Region CO Postal / Zip Code 81615 Country USA Street Address 56 Maverick Circle Address Line 2 Yes No 02-04-19 TC Packet Page 14 of 119 15 Are you a permanent resident? Are you registered to vote in Snowmass Village? Please list your experience and/or education that qualifies your for this position.* Why do you wish to be appointed to this position?* Signature * Date City Snowmass Village State / Province / Region CO Postal / Zip Code 81615 Country USA Street Address PO Box 5827 Address Line 2 Yes No Yes No I have been a member of the EAB for at least six years (to the best of my recollection!), including at least two years as chair of the group. I was also a Town Council member, elected approximately twenty-eight years ago. During my tenure, I helped create the recycling program for TOSV. I wish to continue to serve the community in this capacity. I acknowledge that I am familiar with the qualifications, duties, and responsibilities of the position for which I am applying and, if appointed, I am ready, willing, and able to take an oath as well as accept the responsibilities and duties. 1/9/2019 02-04-19 TC Packet Page 15 of 119 16 Apply for a Board or Commission Thank you for your interest in one of our Boards or Commissions! Please select which board you are applying for and complete the form below. Please select the Board or Commission you are Applying For:* Please select the seat you wish to fill on the PTRAB:* Full Name * Phone Number Secondary Phone Number Email * Confirm Email * Address Is your Mailing Address different than the Address Above?* Mailing Address Board of Appeals & Examiners Citizens Grant Review Board Environmental Advisory Board Financial Advisory Board Marketing, Group Sales, & Special Events Board Parks, Open Space, Trails, & Recreation (POSTR) Board Part-Time Residents Advisory Board Planning Commission Snowmass Arts Advisory Board At Large Condo Owner Single Family Homeowner Joyce Shenk 970-922-2224 Cell 614-795-2678 twinie@aol.com twinie@aol.com City Snowmass Village State / Province / Region Colorado Postal / Zip Code 81615 Country USA Street Address 600 Spruce Ridge Lane Address Line 2 P.O. Box 6714 Yes No 02-04-19 TC Packet Page 16 of 119 17 Are you a permanent resident? Are you registered to vote in Snowmass Village? Please list your experience and/or education that qualifies your for this position.* Why do you wish to be appointed to this position?* Signature * Date City Columbus State / Province / Region Ohio Postal / Zip Code 43209 Country USA Street Address 2424 E. Main St. #310 Address Line 2 Yes No Yes No I have been a Homewner in Snowmass Village for 19 years and spend winters and summers here. I have been on The PTRAB Board for many years now. I have a huge investment in Snowmass Vilkage and want to continue working with The PTRAB Board I acknowledge that I am familiar with the qualifications, duties, and responsibilities of the position for which I am applying and, if appointed, I am ready, willing, and able to take an oath as well as accept the responsibilities and duties. 1/18/2019 02-04-19 TC Packet Page 17 of 119 18 Apply for a Board or Commission Thank you for your interest in one of our Boards or Commissions! Please select which board you are applying for and complete the form below. Please select the Board or Commission you are Applying For:* Full Name * Phone Number Secondary Phone Number Email * Confirm Email * Address Is your Mailing Address different than the Address Above?* Are you a permanent resident? Are you registered to vote in Snowmass Village? Please list your experience and/or education that qualifies your for this position.* Board of Appeals & Examiners Citizens Grant Review Board Environmental Advisory Board Financial Advisory Board Marketing, Group Sales, & Special Events Board Parks, Open Space, Trails, & Recreation (POSTR) Board Part-Time Residents Advisory Board Planning Commission Snowmass Arts Advisory Board Anne M White 970-923-4737 970-379-6876 anne.white@sir.com anne.white@sir.com City Snowmass Village State / Province / Region CO Postal / Zip Code 81615 Country United States Street Address PO Box 6316 Address Line 2 145 North Ridge Lane Yes No Yes No Yes No 02-04-19 TC Packet Page 18 of 119 19 Why do you wish to be appointed to this position?* Signature * Date I am very interested in art, design and landscaping. I am very interested in art and keeping Snowmass Village beautiful. I acknowledge that I am familiar with the qualifications, duties, and responsibilities of the position for which I am applying and, if appointed, I am ready, willing, and able to take an oath as well as accept the responsibilities and duties. 1/18/2019 02-04-19 TC Packet Page 19 of 119 20 Apply for a Board or Commission Thank you for your interest in one of our Boards or Commissions! Please select which board you are applying for and complete the form below. Please select the Board or Commission you are Applying For:* Full Name * Phone Number Secondary Phone Number Email * Confirm Email * Address Is your Mailing Address different than the Address Above?* Are you a permanent resident? Are you registered to vote in Snowmass Village? Please list your experience and/or education that qualifies your for this position.* Board of Appeals & Examiners Citizens Grant Review Board Environmental Advisory Board Financial Advisory Board Marketing, Group Sales, & Special Events Board Parks, Open Space, Trails, & Recreation (POSTR) Board Part-Time Residents Advisory Board Planning Commission Snowmass Arts Advisory Board Michael Miracle mmiracle@aspensnowmass.com mmiracle@aspensnowmass.com City Aspen State / Province / Region CO Postal / Zip Code 81611 Country United States Street Address 821 West Bleeker Street Address Line 2 Yes No Yes No Yes No I am reapplying to continue on the SAAB board, as my term ended. 02-04-19 TC Packet Page 20 of 119 21 Why do you wish to be appointed to this position?* Signature * Date I am reapplying to continue on the SAAB board, as my term ended. I acknowledge that I am familiar with the qualifications, duties, and responsibilities of the position for which I am applying and, if appointed, I am ready, willing, and able to take an oath as well as accept the responsibilities and duties. 1/24/2019 02-04-19 TC Packet Page 21 of 119 22 Apply for a Board or Commission Thank you for your interest in one of our Boards or Commissions! Please select which board you are applying for and complete the form below. Please select the Board or Commission you are Applying For:* Full Name * Phone Number Secondary Phone Number Email * Confirm Email * Address Is your Mailing Address different than the Address Above?* Mailing Address Board of Appeals & Examiners Citizens Grant Review Board Environmental Advisory Board Financial Advisory Board Marketing, Group Sales, & Special Events Board Parks, Open Space, Trails, & Recreation (POSTR) Board Part-Time Residents Advisory Board Planning Commission Snowmass Arts Advisory Board Steve Sklar 9702742122 zgstevesklar@yahoo.com zgstevesklar@yahoo.com City Aspen State / Province / Region Colorado Postal / Zip Code 81615 Country United States Street Address 220 Stevens st Address Line 2 P O Box 1934 Yes No City Snowmass Village State / Province / Region Colorado Postal / Zip Code 81615 Country United States Street Address PO Box 5698 Address Line 2 02-04-19 TC Packet Page 22 of 119 23 Are you a permanent resident? Are you registered to vote in Snowmass Village? Please list your experience and/or education that qualifies your for this position.* Why do you wish to be appointed to this position?* Signature * Date Yes No Yes No 20 year local I'd like to give back to the community I acknowledge that I am familiar with the qualifications, duties, and responsibilities of the position for which I am applying and, if appointed, I am ready, willing, and able to take an oath as well as accept the responsibilities and duties. 1/18/2019 02-04-19 TC Packet Page 23 of 119 24 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 4, 2019 AGENDA ITEM: Provide Direction to SAAB on the draft RFQ/RFP for a Public Art piece to be located near Town Park Station. PRESENTED BY: Julie Ann Woods, FAICP/MLA, Community Development Director BACKGROUND: At the January 24th meeting of the SAAB, the board considered a draft RFQ/RFP for commissioning an artist for a public art piece to be located near Town Park Station. The SAAB and POSTR Board met last November to come to consensus on the appropriate locations of public art in specific public parcels, with the Town Park Station site rising to the top for both Board members. There currently is $60,000 budgeted for Arts Projects in the 2019 budget. The proposed fee for commissioning the piece is $45,000. The selected artist would receive an initial honorarium to begin the study and fabrication of the piece, with the expectation that the piece would be installed in Spring 2020. The total expected costs to solicit artists and fees associated with a Call To Artists application through CAFÉ (Call For Artists) is expected to be as follows: Café Application Fee: $ 525 Honorarium for two of three selected artists ($500 each): $1,000 Honorarium for selected artist to begin study/fabrication: $13,500 Second Payment to artist based on progress: $13,500 Balance of Commission due selected artist: $18,000 Expected Total Cost: $46,525 Following are excerpts from the Arts Acquisition Policy adopted by Town Council on October 16, 2017 by Resolution No. 35, Series 2017 (with emphasis added): 02-04-19 TC Packet Page 24 of 119 25 1. VISION The Town of Snowmass Village is committed to achieving a dynamic collection of artworks of outstanding caliber and artistic merit that is recognized as an asset to the Town. Objects will be installed and displayed in accessible, visible locations in Town buildings, parks, gardens, on trails and walkways, near amenities and/or on public property. This Policy recognizes art in the public domain as an essential component of creating a vibrant community, stimulating economic viability and fostering connectivity and civic pride. The contemplation of temporary and permanent art installations throughout the Town will provide opportunities for art experience and give residents and visitors new ways to connect with one another and the environment. 4. PROCESS OF ART SOLICITATION SAAB shall assume authority for decisions concerning the acquisition of public art as guided by the Policy guidelines and will make recommendations to Town Council on such acquisitions, whether the objects are donated/bequests, loans, rotational exhibits or commissions (through open competition, invitational competition or direct selection). The Board may determine and adopt a method of art solicitation best-suited for a project to create the desired outcome. See Appendix A Sample Call to Artists. Any form of art solicitation adopted by SAAB will be guided by review criteria for art acquisition as stated in this Policy, unless otherwise determined by SAAB or as directed by the Town Council. a. Calls to Artists • The Town Council and SAAB are not obligated to accept solicited artwork through a Call to Artists • Where artwork is solicited by the Town, the object will be considered for the collection by SAAB under the guidelines and criteria set out in this Art Acquisition Policy as well as the framework of the Arts Strategic Plan with a recommendation to the Town Council. • The display location may be recommended by SAAB to Town Council • A contract between the Town and the artist is required where both the artist’s and the Town’s responsibilities regarding the piece are stipulated • Conditions regarding site location, installation, public exhibition, ongoing conservation and maintenance requirements, valuation, responsibility for repairs of damage, as well as other matters may be deemed necessary and require approval by the Town Attorney. Appendix A Methods of Solicitation 1. Open Competition An Open Competition is an art selection process based on criteria identified in a specific Call to Artists. Artists would submit their qualifications and credentials, along with other required materials, to SAAB in order to become eligible for the project. The Call to Artists or competition description provides detailed information about the project, including the type of installation expected, location for the artwork, technical requirements, audience for the project, budget, 02-04-19 TC Packet Page 25 of 119 26 timing of submissions, prize (if any) for the winning submissions, etc. A sample Call to Artists is provided in Appendix B. FINANCIAL IMPACT: The contribution by the Town of Snowmass Village toward the installation of the piece is expected to be approximately $46,500.00. Currently there is $60,000 for Arts Projects in the 2019 budget so that SAAB may begin fulfilling their goal of more public art throughout the community. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Community Building A major component of community building is creating more community oriented spaces and gathering places. In addition, the Town needs to increase utilization of existing community spaces by programing them with community focused activities and exploring partnerships with organizations, such as Pitkin County Library, that create vitality. These community places need to be conveniently connected such that “a flow” between them is evident and high levels of vitality can be enjoyed throughout the Village. This community building initiative should further include cultural activities including performing and visual arts. Finally, the Town needs to clearly define the Town Park project and complete a master plan design so that improvements can be set into motion for this community oriented space. (Emphasis added) Regionalism The Town is committed to being proactive and participating in regional approaches for topics that face the entire Roaring Fork Valley including, but not limited to transportation, housing, recreation, and public health matters. COUNCIL OPTIONS: 1. Provide direction to the SAAB on the draft Call to Artists RFQ/RFP for a permanent public art art installation near Town Park Station. STAFF RECOMMENDATION: Staff recommends that Town Council provide direction on the draft Call to Artists RFQ/RFP to SAAB to proceed with the solicitation with the understanding that the top three proposals will be presented to Town Council before the allocation of funds and a contract are signed for the preferred art piece. ATTACHMENTS: EXHIBIT A Draft RFQ/RFP for a Public Art installation near Town Park Station 02-04-19 TC Packet Page 26 of 119 27 Snowmass Village Arts Advisory Board (SAAB) Request for Qualifications (RFQ) / Request for Proposals (RFP) for a Public Art Installation near Town Park Station in Snowmass Village, CO Offered through CAFÉ (https://www.callforentry.org/ ) I. PART 1: REQUEST FOR QUALIFICATIONS (RFQ) A. Schedule: • February 6, 2019 — Request for Qualifications and Proposals (RFQ/RFP) released • February 21, 2019 — Deadline for submitting questions (see below) • March 6, 2019 (5 PM) – Artist Entry (RFQ) Submission Deadline by email to CAFÉ • March 7, 2019 – Finalists chosen (tentative) B. Eligibility: Professional visual artists at least 18 years of age are eligible to apply; Colorado artists are encouraged to apply. Full-time, permanent Town of Snowmass Village employees, Town consultants, and SAAB members are ineligible. SAAB will select an artist without regard to race, gender, religion, sexual orientation, or disability. C. Selection Criteria: The Artist’s Statement of Qualifications (see below) should demonstrate the ability to: 1. Be imaginative, creative, with freedom of approach 2. Execute a public art project, including transport, fabrication, and installation 3. Ability to address engineering constraints, fabrication expertise, and quality construction (as applicable). 4. Ability of the Artist to enhance the identity of community by integrating a design with the values of Snowmass Village, as well as the surrounding aesthetic of the installation location. 5. Artist’s experiences with similar projects including scope, budget, and concept(s). Note: SAAB reserves the right to select or reject any submissions if it feels the RFQ/RFP does not meet their goals and expectations for the project. D. Submission Requirements: 1. Letter of interest. (500 words max.) Please explain why you want to be considered for this project. Suggest your interpretation of how your art would fit the Snowmass Village community and align with community values and aesthetics. 2. Current Resume, Bio, and Statement of Qualifications. Include information and details about educational background, previous work, gallery showings, and past experience in public art exhibits. 3. Digital Images. A minimum of five and a maximum of ten jpeg images representative of your body of work are required. Also include with images: (1) title 02-04-19 TC Packet Page 27 of 119 28 of work (2); dimensions of the work; (3) materials used; (4) budget for project. One additional video file is optional. 4. References. Please include three professional references who can speak to your ability to complete a project of this scale and budget. E. RFQ Questions: Inquiries regarding the project should be submitted by 5 PM (MST), February 21, 2019 and directed to: Julie Ann Woods, FAICP/MLA Community Development Director Town of Snowmass Village jwoods@tosv.com II. PART 2: REQUEST FOR PROPOSALS (RFP) (Note: Only qualified artists selected by the SAAB will be eligible to submit an RFP). A. Schedule: • April 15, 2019 — RFQ Finalist Art Installation Proposal (RFP) Submission Deadline by electronic submission only to www.callforentry.org . • April 18, 2019 – Artist Proposal presentations at SAAB (may be by Skype if artist is unavailable in person) • May 6, 2019 – Town Council presentation of Art Proposals by SAAB • May 7, 2019 – Selected Artist notified • June 17, 2019 — Artist Contract and Release Form signed (see Exhibit B) • Spring 2020 (date negotiable) - Artist completes creation of the art piece and installs in the designated location. B. Submission Requirements 1. Art Acquisition Application (see Exhibit A). 2. A description of the art itself and why it would be a good addition to Snowmass Village, its appropriateness for Snowmass Village, etc. (500-word max). 3. Up to five photos of the art piece (if it already exists) or scaled renderings of the proposed art piece if it does not exist. Submit PDF format, resulting in the best image quality where the total file size remains under 10MB. Label photos and/or other attachments with your name, not the name of the project. For example: Jones.John_photo1of5.pdf. 4. The approximate weight and/or dimensions of the art piece. 5. A list of the materials used. 6. An explanation of what is required to install the piece and how the artist will transport it to its designated placement (keep in mind that vehicles and heavy equipment cannot be used in some locations). 7. A maintenance schedule. C. Media: Materials and designs need to be durable enough to last through potentially severe and hazardous weather, including high winds, and withstand harsh conditions over a long course of time without extensive maintenance. Artwork(s) should be constructed to reasonably discourage theft and vandalism and must take into consideration the landscape surrounding the piece. Approval of artwork will be contingent on satisfactorily addressing liability issues and assuring structural integrity. Artwork(s) should be appropriate in size and height to site. 02-04-19 TC Packet Page 28 of 119 29 D. Installation: Artists are responsible for transporting and installing the artwork. Some site preparation and installation assistance/equipment may be provided by the Town of Snowmass Village as funding and schedule provides but must be coordinated and approved beforehand by the Public Works Department. E. Compensation: The selected artist(s) will receive a commission of $45,000 for the selected commissioned piece(s). This shall include all costs including: design, materials, fabrication, engineering costs, travel, transportation of sculpture to the installation site, artist-related installation materials (i.e. foundation or plinth), and a maintenance schedule. Artist will be paid 30% of the compensation upon awarding of the commission and the remaining amount as arranged by contract (see Exhibit C). An honorarium of $500 each will be given to the second and third place artists for their design efforts. F. Site: Owned by the Town, the art installation site has great potential to create a welcoming entrance to Snowmass Village. The site is adjacent (eastward) to one of the main transportation/shuttle stations in Snowmass Village (Town Station) which is at the heart of the park and sports related recreational activities in the community. The site is adjacent to the main parking lot serving the Snowmass ski area with access to the mountain by the free Village Shuttle system. Flat and unobstructed, the site has great solar exposure and is surrounded by medium sized evergreen and deciduous vegetation. Latitude: 39°13'32.27"N Longitude: 106°55'25.86"W Dimensions: Approximately 30’ x 50’ 02-04-19 TC Packet Page 29 of 119 30 Art Site – Looking Northwest 02-04-19 TC Packet Page 30 of 119 31 Art Site – Looking Eastward Art Site – Looking North 02-04-19 TC Packet Page 31 of 119 32 Art Site – Looking Southward Art Site – Looking Northeast 02-04-19 TC Packet Page 32 of 119 33 G. Themes & Concepts to Consider: ● Unity and diversity ● Accessibility ● History and Geology ● Year-Round Outdoor Recreation ● Nature ● Culture of Creativity and Self-Expression ● Family Oriented Community ● Community Principles: Stewardship, Vibrant, Genuine, Active/Healthy, Balanced, Connected, Inclusive (see TOSV Comprehensive Plan, Page 9 for more explanation of these Community Principles https://www.tosv.com/132/Comprehensive-Plan) III. BACKGROUND: A. Community Overview: In 1991 the Town of Snowmass Village passed Ordinance No. 11 which established the Snowmass Village Arts Advisory Board (SAAB) to provide leadership in cultural arts initiatives and to help the community invest in public arts thereby strengthening the town’s tourism economy. “The mission of the Snowmass Village Arts Advisory Board is to demonstrate how the arts can contribute to the unique cultural identity of Snowmass Village. It is the Board’s belief that the arts are intrinsic to the values, culture and heritage of our community. It is hoped that enhanced arts programming will promote a cultural consciousness, stimulate economic viability and foster a sense of community pride.” Art Site – Looking Southwest 02-04-19 TC Packet Page 33 of 119 34 B. First Inhabitants: Long before skiers and even settlers discovered Snowmass’ Brush Creek Valley, the Ute Indians hunted, fished, and gathered wild foods here in the summers. The first European / non-natives explored the Elk Mountains as early as 1853, during the Gunnison Survey, but it wasn't until the Hayden Survey in the 1870s, that the prominent peaks visible from Snowmass were named. Mount Daly is named after then- president of the National Geographic Society, Augustus Daly, while the triangular Capitol Peak paid tribute to the Washington, D.C., building. C. Early Ranching Days: By the 1880s, ranches running sheep and cattle came to occupy the Brush Creek Valley. One of the most prominent ranchers Charles Hoaglund and his family emigrated from Sweden to Aspen during the silver crash and was hired to close down Aspen’s Smuggler mine. They acquired land in Brush Creek to raise cattle, sheep, wheat, and hay. Today, several buildings from his ranch have been incorporated into the renowned Anderson Ranch Arts Center. Hoagland’s daughter Hildur was raised on the ranch and attended the community’s one-room school house, which today is known as The Little Red Schoolhouse. The schoolhouse celebrated its centennial in 1994, and still functions as an early childhood learning center today. D. A Ski Area Is Born: In 1958, Olympic skier Bill Janss began buying up ranches in the valley with an eye toward emulating the Aspen ski area’s success. By 1961, he owned six ranches at the base of Baldy and Burnt mountains and planned to build a ski area served by a European-style ski community on 3,300 acres. In December of 1967, Snowmass-At-Aspen opened with five chairlifts, 50 miles of ski trails, seven hotels, and six restaurants. Lift tickets cost $6.50. A decade later in 1977 the Town of Snowmass Village was incorporated, and the rest, as they say, is history. E. A Resort Within a Community: Visitors come from all over the world to enjoy the world class ski slopes, hike and bike trails, and festivals. Because of the Town’s cultural heritage involving the arts with the historical Anderson Ranch Arts Center, the caliber of international visitation on a year-round basis, and the local appreciation of arts and culture, the SAAB seeks to place more emphasis on public art throughout the community. Attachments: Exhibit A Art Acquisition Application Form Exhibit B Artists Release Form Exhibit C Existing Town Art Collection 02-04-19 TC Packet Page 34 of 119 35 Page 1 of 3 ART ACQUISITIO N APPLICATION Note: Applications should be submitted electronically only, preferably as a single pdf file, to cford@tosv.com For more information, contact Julie Ann Woods, FAICP/MLA, Community Development Director at 970-923-2254 x 637 Artist’s Name _________________________________________ Today’s Date _______________________________ Mailing Address __________________________________________________________________________________ E-mail Address _______________________________________ Telephone __________________________________ Proposed Location for Artwork _______________________________________________________________________ SELECT ACQUISITION TYPE Permanent Art Acquisitions Donations and Bequests Loans Short-Term Long-Term Please attach a narrative including the following criteria: --Artist’s bio and qualifications --A description of the art itself and why it would be a good addition to Snowmass Village, its appropriateness for Snowmass Village, etc. (500-word max). --Up to five photos of the sculpture if it already exists, or scaled renderings of the proposed art piece if it does not exist. Submit PDF format, resulting in the best image quality where the total file size remains under 10MB. Label photos and/or other attachments with your name, not the name of the project. For example: Jones.John_photo1of5.pdf. --The weight and dimensions of the sculpture --A list of the materials used --An explanation of what is required to install the piece and how the artist will transport it to its designated placement (keep in mind that vehicles and heavy equipment cannot be used in some locations). --A maintenance schedule if needed 02-04-19 TC Packet Page 35 of 119 36 Page 2 of 3 Note: The Selection Committee reserves the right to select as many or few pieces within the given budget or reject any or all submissions if it feels the proposals do not meet their goals and expectations for the project. After reviewing the artist’s submissions, available public opinion and possibly expert commentary, as well as other related materials, SAAB will vote to make a recommendation to Town Council to: 1) request more information or, 2) request acceptance of the object for acquisition, or 3) decline the object for acquisition. This will necessitate Town Staff scheduling a time on a regular Town Council Agenda for consideration and approval or disapproval. SELECTION CRITERIA Whether the Town acquires a gift or commissions an art object will be guided by the Policy acquisition criteria and SAAB’s professional expertise. Consideration of artwork submissions will be subject to the following review criteria: 1. Artistic Merit a. Artistic merit and technical competence of the artwork, including consideration of its artistic, social, geographical and/or historical significance (which may include a written description, drawings and/or maquette of the proposed artwork) b. Qualifications of the artist (which may include image of past work, resume, references, and published reviews) • Artists must have a sustained visual arts practice as well as demonstrated exhibition and/or collection history • Emerging artists will be considered where a strong professional potential is demonstrated c. Artworks will be intrinsically sound in condition as well as reasonably immune to deterioration in routine operations, display, packing and transporting d. Must demonstrate compatibility and relevance of the work of art within the context of Snowmass Village e. Warranty of originality and authenticity of the work of art (only original works or limited editions shall be considered) f. Provenance (origin) of existing artwork 2. Site a. The object’s physical condition is excellent and is suitable to the proposed site with respect to its general social audience and physical environment b. Scale, form, content, color and design of the artwork in relation to the site (NOTE: Some neighborhoods/villages, such as Base Village, West Village and Snowmass Center may have specific design criteria or special conditions) c. Ecological impact (e.g., percentage of Impervious cover) d. Accessibility to the public, including persons with disabilities e. Text components (i.e., signage and/or plaques) 3. Installation a. Site-specific requirements for installation (e.g., electricity, lighting, water and sewer easements, or other services) b. Desired method/process/system c. Storage requirements, if any d. Maintenance requirements, both immediate and long term e. Safety standards f. Proposed timeline for the project 4. Financial Obligations 02-04-19 TC Packet Page 36 of 119 37 Page 3 of 3 a. All costs associated with fabrication and installation (including site preparation, name plaque design and unveiling/dedication event, if any) b. Source of funding and date funds are available. (Monies must be raised through private fundraising or town funding before the artwork may be fabricated) c. Estimated ongoing maintenance and conservation costs d. Statement of value of artwork for insurance purposes (i.e., artist's commission contract amount or professional written appraisal of existing artwork) e. Council must have sufficient resources to care for and safeguard the object to industry standards 5. Liability a. Susceptibility of the artwork(s) to normal wear and to vandalism b. Potential risk to the public c. Public access, if necessary, as well as compliance with ADA requirements d. Special insurance requirements 6. Timeliness a. Allowance of sufficient time for a complete review process to be conducted by SAAB, the Town and any other boards or neighborhood associations involved b. Timely and appropriate response from the artist, donor or representative to SAAB and staff requests for additional materials or information is required 7. Special Conditions a. Any conditions of the artwork imposed by the applicant b. Artwork that contains advertising or corporate logos will not be considered 02-04-19 TC Packet Page 37 of 119 38 Exhibit B Artist Release Form PUBLIC ART AGREEMENT This Public Art Agreement (the “Agreement”) is made and effective this ____ day of _____________________ by and between the Town of Snowmass Village, a Colorado home-rule municipality (“TOSV”) and ________________________________ (the “Artist”), for the purposes and on the terms and conditions set forth below. Recitals WHEREAS, public art contributes to the cultural and economic vibrancy and traditions of TOSV; WHEREAS, under this Agreement, public art includes works of visual art, as defined by the federal Visual Artists Rights Act of 1990, 17 U.S.C. § 106A et. seq. (“VARA”), including paintings, drawings, prints, sculptures, or still photographic images in a single copy or in a limited edition of 200 or fewer copies or casts, as the case may be, signed and consecutively numbered by the artist or bearing other identifying mark of the artist—but not including posters, charts, maps, technical drawings, diagrams, applied art, motion pictures, audiovisual works, books, magazines, newspapers, periodicals, electronic publications, advertisements, promotional materials, and any works made for hire. WHEREAS, Artist’s work constitutes a work of visual art, defined above (the “Work”); WHEREAS, the legal instrument of ownership transfer of the Work to the Town, including any gifting or donation of the Work to the Town, is attached hereto as Exhibit A. WHEREAS, the Town seeks to accept, display, maintain, relocate, and remove the Work on Town-owned or managed property while also honoring Artist’s rights in the Work; and WHEREAS, the Town and Artist wish to enter into this Agreement in order to set forth each party’s respective rights and responsibilities beginning with acquisition of the Work and continuing through removal of the Work. Terms & Conditions NOW THEREFORE, in consideration of the mutual promises contained herein, the Town and Artist agree as follows: 1. Visual Artists Rights Act (VARA). Artist understands and agrees that, as to his or her rights in the Work, the provisions of this Agreement shall control over the provisions of VARA, as amended, and shall constitute a waiver by the Artist of any rights in the Work set out in or otherwise granted by VARA, as amended. Accordingly, Artist hereby acknowledges that: a. Modification of the Work which is a result of the passage of time or the inherent nature of the materials is not a distortion, mutilation, or other modification described in VARA; and b. Modification of the Work which is the result of conservation, or of the public presentation, including lighting and placement, of the Work is not a destruction, distortion, mutilation, or other modification described in VARA unless the modification is caused by the Town’s gross negligence. 2. Droit Moral. All other rights in and to the Work, including but not limited to all rights in the nature of “Droit Moral” in regard to any continuing interest the Artist may have in the maintenance or modification of the Work, are expressly waived by the Artist and, insofar as such rights are transferable, are assigned to the Town. 02-04-19 TC Packet Page 38 of 119 39 3. Display Period. In its sole discretion, the Town may determine to display the Work, the location of such display, and whether not display the Work for a given period, in which case, the Work will be stored in a proper manner. 4. Maintenance and Repair. In its sole discretion and after consultation with a professional conservator selected by the Town, the Town shall have the right to determine when and if maintenance, repair, and restoration to the Work will be made. To the extent practical, the Town shall give the Artist the opportunity to consult on significant repairs or restorations. 5. Relocation, Removal, or Return. In its sole discretion, the Town shall have the right to relocate the Work, remove the Work, or return the Work to the Artist. In the event the Town seeks to remove the Work, the Town shall provide, by first class mail using the address below, advance written notice to the Artist of such removal and the option for the Work to revert to the Artist. Artist’s Address: __________________________________ __________________________________ __________________________________ 6. Colorado Open Records Act (CORA). The Artist hereby acknowledges that the Town is subject to the provisions of the Colorado Open Records Act, Colo. Rev. Stat. § 24-72- 201 et. seq. (“CORA”), under which public records are open for inspection by any person, unless otherwise exempted from such inspection. 7. Modifications. This Agreement shall not be amended, except by subsequent written agreement of the parties. 8. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect. It is the intention of the parties hereto that, if any provision of this agreement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 9. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Garfield County, Colorado. 10. Entire Agreement. This is the entire agreement between the Town and the Artist regarding the Work. 11. Counterparts. This Agreement may be executed in counterparts, which taken together, shall be deemed to constitute a complete original. TOWN OF SNOWMASS VILLAGE, a Colorado home-rule municipality By:_______________________________________ Markey Butler, Mayor ATTEST: _________________________________ Rhonda B. Coxon, Town Clerk ARTIST: _______________________________________ By:__________________ 02-04-19 TC Packet Page 39 of 119 40 02-04-19 TC Packet Page 40 of 119 41 02-04-19 TC Packet Page 41 of 119 42 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 4, 2019 AGENDA ITEM: Advisory Board Findings on 2019 Renewable Energy Projects PRESENTED BY: Greg Smith, Financial Advisory Board Chair Andrew Wickes, Environmental Advisory Board Chair Travis Elliott, Assistant to the Town Manager BACKGROUND: The Town Council requested the Environmental Advisory Board and Financial Advisory Board review the proposed renewable energy projects that were included in the 2019 budget process last fall. Each board reviewed the projects and expected cash flows at their January 8th and January 9th meetings, respectively. A summary of their general discussions and recommendations are below, and both Board Chairs will be in attendance to present their findings. Environmental Advisory Board Recommendations & Discussion Notes January 8, 2019 • Overall, the EAB was very supportive of all six renewable energy projects. • Some members of the EAB believe staff are using very conservative estimates, and they would like to note that the total costs, return on investments, and total production will most likely be much more favorable to the Town. • The EAB has been evaluating and pursuing these renewable energy projects for a long time. Most of the solar projects were first proposed by the board in 2013. The EAB feels as though this is a step in the right direction that is long overdue. • Although the EAB supports these projects as proposed, the board would also like the Town to do more. The current renewable energy projects proposed for 2019 present a significant opportunity that can be leveraged to meet additional Town goals and effect greater change in the region. 02-04-19 TC Packet Page 42 of 119 43 • In coordination with Holy Cross, the EAB would like for the Town to evaluate the “critical loads” of these facilities and incorporate storage where feasible. This will allow the Town to harvest and store the renewable energy, creating a back-up energy supply, and increase the Town’s resilience in emergencies with long-term power outages. • Official Motion: Board Member Joseph Goodman made a motion, on behalf of the EAB, in support of proceeding with the six renewable energy projects presented by staff, as well as partnering with Holy Cross Energy to explore resiliency opportunities through further evaluating critical energy loads and battery storage options. Board Chairperson Andrew Wickes seconded the motion. The motion was approved in a vote of 4 in favor, 0 opposed. Financial Advisory Board Recommendations & Discussion Notes January 9, 2019 • The FAB noted that the financial analysis of this investment requires many assumptions which are at least partially unknown. These include the efficiency rate and degradation rate of the solar panels and the cost of electricity for the next 20-25 years, for example. • From a purely financial viewpoint, the solar panel portion of the project should be viewed as breakeven at best, unless additional grants are obtained. Solar panels generally have a 20-25 year life. The net present value of the solar panels alone is negative $40,000 at 25 years using a 2% discount rate, which means the panels are not likely to pay back their initial investment in their lifetime. With the micro-hydro project included, the net present value at 25 years for the total project swings to a positive $85,000. • The FAB appreciates that this investment is not fundamentally about financial returns. We understand that the goal is to provide a visible demonstration of the Town’s commitment to the environment and sustainable energy use and to provide an opportunity to use this project as a leadership platform to encourage the use of sustainable energy. • The total project will reduce total community-wide emissions by 0.3% and contribute 6.3% of the remaining reductions necessary to achieve the Town’s emissions goal. • The FAB strongly supported the Micro-Hydro project and recommended that the Town look at other opportunities of this type for future projects. • The FAB agreed that the Holy Cross Community Enhancement funds should be used for this project since these funds are more restricted. They also noted that 02-04-19 TC Packet Page 43 of 119 44 this would allow some General Fund money that is usually used to pay the electric bills to be used elsewhere. • The FAB recommended phasing some of the Solar Panel projects if possible, which would allow the Town time to evaluate the projects for future improvements. It should be noted, however, that this approach could impact the grant money available and may not be feasible. • The FAB suggested that carbon offset be added to the chart and analysis. • The FAB also suggested that the performance of the solar projects be included as a dashboard on the Town’s website so the community can follow the progress and carbon savings of the projects. FINANCIAL IMPACT: The total cost of these six renewable energy projects, $992,886, has been included in the 2019 budget. This does not include the various grants, rebates, and donations that the Town expects to secure to reduce the cost to the Town. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: These renewable energy projects are a direct result of the Town Council’s goal to reduce the community’s carbon emissions 20% by 2020. It is also in line with the Town Council’s more recent commitments to protecting our environment through sustainability and resiliency. COUNCIL OPTIONS: 1. No formal action is required by the Town Council. STAFF RECOMMENDATION: Listen to the advice and recommendations from each Advisory Board. 02-04-19 TC Packet Page 44 of 119 45 1 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 4, 2019 AGENDA ITEM: CONTINUED DISCUSSION REGARDING RAISING AGE TO PURCHASE TOBACCO PRODUCTS IN SNOWMASS VILLAGE TO 21 PRESENTED BY: Rhonda B. Coxon, Town Clerk BACKGROUND: Town Council discussed raising the minimum purchase age of tobacco and tobacco products at their Work Session held on November 12, 2018 and directed staff to begin work on an Ordinance to raise the minimum age to 21 in Snowmass Village. Since that meeting, two of our establishments selling tobacco products, Sundance Liquor and Gifts and the Snowmass Conoco, have voluntarily raised the age to purchase tobacco products to 21 as of January 1, 2019. The Daly Bottle Shop and Clarks Express are the only other two retailers that sell tobacco products, and there are two tobacco vending machines located in Zane’s and Slow Groovin. There are three primary methods for the Town Council to consider raising the minimum purchase age. Either method will require an amendment to the Municipal Code and two readings of an Ordinance. 1. Create a Town tobacco license process - The Town Council could create a licensing process for tobacco products that would be similar to liquor licensing. This would mean the Town of Snowmass Village would no longer receive the approximately $15,000 in annual state Tobacco Tax. This model was recently implemented by both the City of Aspen and the Town of Basalt (ordinances attached). Both of these jurisdictions, however, have passed 02-04-19 TC Packet Page 45 of 119 46 2 their own local tobacco tax to make up for the lost state tax revenue. Passing a local tobacco tax requires a ballot initiative and vote of the people. 2. Make it illegal to sell tobacco products to anyone under 21 – Town Council can raise the age to purchase tobacco and related tobacco products in Snowmass Village to 21 through the municipal code and require the vending machines to be removed. This was recently done by the Town of Carbondale. They do not have a licensing process in place, but they have made it illegal for retailers to sell tobacco products to anyone under the age of 21, with fines and penalties for anyone who does so (ordinance attached). 3. Create a tobacco product license – A 3rd option has emerged for the Town to create a licensing process for tobacco-related products only. This option would require retailers to obtain a license to sell tobacco-related products, such as vaping pens. If the retailer was only selling tobacco, however, such as cigarettes, they would not be required to obtain a license under this option. This would allow the Town to have an additional enforcement tool, beyond fines, and still keep the annual state tobacco tax revenue. Risa Turetsky and Dr. Levin from Pitkin County and Brian Olson, Chief of Police will be available at the meeting to answer any further questions you may have. Our current “Smoking Regulations” are attached from the Municipal code for your reference. FINANCIAL IMPACT: If we do not require licenses from the Town of Snowmass Village there is no financial impact. If the Town decides to create a tobacco retail licensing process, we will no longer collect the state tobacco tax – approximately $15,000 / year. STAFF RECOMMENDATION: Staff recommends we follow Carbondale’s current model of raising the minimum age by ordinance with fines, and do not issue tobacco retail license. ATTACHMENTS: A. Options for Fines and Penalties B. Aspen’s Ordinance C. Basalt’s Ordinance D. Carbondale’s Ordinance E. TOSV Smoking Regulation from Municipal Code F. Tobacco Retail Licensing Memo from Pitkin County 02-04-19 TC Packet Page 46 of 119 47 Option 1 Aspen (keep in mind they issue licenses to their establishments and they have a special tobacco tax): Penalties and fines. (a) Licensees: penalties and fines. In addition to any other penalty authorized by law, and if the Hearing Officer determines based on a preponderance of the evidence, that the Licensee, or any of the Licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter, or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law relating to the sale of tobacco to minors including but not limited to C.R.S. sections l8-13-l2l and,24-35- 503, the Hearing Officer may consider the following non-binding guidelines in determining the sanctions to be imposed upon a licensee as follows: (l) One violation within thirty-six (36) months a civil. Penalty of five hundred dollars ($100) and/or suspension of the License for three (3) days. (2) Two violations within thirty-six (36) months: a civil penalty of one thousand dollars ($1,000) and suspension of the License for seven (7) days. (3) Three violations within thirty-six (36) months: a civil penalty of one thousand five hundred dollars ($1,500) and a minimum twenty (20) days suspension of the License. (4) Four violations within thirty-six (36) months: a civil penalty of two thousand dollars ($2,000) and revocation of License. The actual sanction imposed upon a Licensee for any violation may vary from the above-stated guidelines when warranted by the specific facts and circumstances of the case. (b) After the effective date of this ordinance, it shall be unlawful for any Tobacco Product Retailer to sell a Tobacco Product without a License as mandated under this Chapter, or with a suspended or revoked License. In addition, the Hearing Officer may impose civil penalties of up to $2,500 for each separate Tobacco Product sold' during the period of non-compliance with this Chapter. A retailer whose License has been suspended or revoked l) shall not display Tobacco Products in public view during the time frame in which the License is suspended or revoked; and 2) advertisements relating to Tobacco Products that promote the sale or distribution of such products from the location that could lead a reasonable person to believe that such products can be obtained from that location shall not be displayed. 02-04-19 TC Packet Page 47 of 119 48 Option 2 Basalt (keep in mind they issue licenses to their establishments and have a special tobacco tax): Penalties and fines. (a) Licensees: penalties and fines. In addition to any other penalty authorized by law, and if the Hearing Officer determines based on a preponderance of the evidence, that the Licensee, or any of the Licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this Article, or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law relating to the sale of tobacco to minors including but not limited to C.R.S. sections 18-13-121 and 24-35- 503, the Hearing Officer may consider a fine pursuant to the Town's Fee Schedule and/or suspension or revocation of the License. The actual sanction imposed upon a Licensee for any violation may vary from the above-stated guidelines when warranted by the specific facts and circumstances of the case. (b) After the effective date of this ordinance, it shall be unlawful for any Tobacco Product Retailer to sell a Tobacco Product without a License as mandated under this Article, or with a suspended or revoked License. In addition, the Hearing Officer may impose civil penalties pursuant to the Fee Schedule for each separate Tobacco Product sold during the period of non-compliance with this Article. A retailer whose License has been suspended or revoked 1) shall not display Tobacco Products in public view during the timeframe in which the License is suspended or revoked; and 2) advertisements relating to Tobacco Products that promote the sale or distribution of such products from the location that could lead a reasonable person to believe that such products can be obtained from that location shall not be displayed. 02-04-19 TC Packet Page 48 of 119 49 Option 3 Carbondale (does not issue licenses to their establishments and received their tax from the state as we do): Penalties and Fines (a) Any person who is engaged in Tobacco Product Retailing who knowingly sells any Tobacco products to a person under the age of 21 commits an offense and, upon conviction thereof, shall be punished by a fine of $100.00 $200.00 for the first offense, $250.00 or a summons with fine up to $2,650.00 for the second offense, and $500.00 or a summons with fine up to $2,650.00 for the third offense, and a summons with fine up to $2,650.00 for the fourth and any subsequent offense{s). It shall be an affirmative defense to a prosecute on under this Subsection that the person furnishing the cigarettes or Tobacco products was presented with and reasonably relied upon a valid state driver' s license or other government-issued form of identification which identified the person receiving the cigarettes, Tobacco products as being 21 years of age or older. (b)Any person who sells, gives, or otherwise supplies any Tobacco Product{s) to a person under the age of 21 is subject to a civil penalty of$ I00.00 for the first violation, $250.00 for the second violation, and $500.00 for the third and any subsequent violation(s). (c) A Proprietor is responsible for the actions of its agents and employees regarding the sale of Tobacco Products. and the illegal sale of any Tobacco Products to a person under the age of 21 at the Proprietor's Tobacco Product Retail Location may result in the assessment of a civil penalty to the Proprietor in the following amounts: up to $1,000.00 for the first violation, up to $1,500.00 for the second violation, and up to $2,000.00 for the third and any subsequent violation(s). A conviction pursuant to Subsection (b), above. shall constitute prima facie evidence of a Proprietors violation of this Subsection. (d) Any person under the age of 21 who purchases or attempts to purchase any cigarettes or Tobacco products, and/or is found to be in possession of any cigarettes or Tobacco products is subject to a civil penalty of $100.00 for the first violation. $250.00 for the second violation, and $500.00 for the third and any subsequent violation(s), except that, following the issuance of a civil penalty a for a first offense under this Subsection, the Municipal Court in lieu of the civil penalty may permit the person to participate in a tobacco or vaping education program. The Court may also allow such person to perform community service and be granted credit against the civil penalty fine and court costs at the rate of $5.00 for each hour of work performed, for up to 50 percent of the civil penalty amount. fine and court costs. 02-04-19 TC Packet Page 49 of 119 50 (e) For the purposes of this section, each separate incident at a different time and occasion is a violation. Option 4 staff can propose and entirely new section for fines and penalties based on input from the Town of Snowmass Village Police Department and the Town Council. 02-04-19 TC Packet Page 50 of 119 51 ORDINANCE NO. I7 (Series 2017) AN ORDINANCE OF THE CITY COTINCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE I3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN - HEALTH AND QUALITY OF ENVIRONMENT . TO ADD A NEW CHAPTER 13.25 ENTITLED: LICENSTNG OF TOBACCO RETAILERS. WHEREAS, Smoking rates in the U.S. have declined substantially since the Surgeon General's 1964 report, from 42 percent to now about 18 percent; however, it remains one of the biggest public health problems in the United States as almost 500,000 Americans still die prematurely each year from diseases related to cigarette smoking. This makes up 85% of deaths from lung cancer. In Colorido, like most other states, it is the number one cause of preventable death, and accounts for 5,100 deaths a year; and WHEREAS , g}yo of adult smokers started smoking before the age of l8 and each day more than 3,000 adolescents in the U.S. try their first cigarette; and WHEREAS, Since 2014, after decades of effective anti-smoking campaigns and decreasing smoking rates in the U.S., there has been a surprising upturn in youth tobacco use; and WHEREAS, over 225 U.S. localities and the states of California and Hawaii have enacted into law regulations prohibiting the sale of tobacco products to individuals under the age of 2l and research has shown such regulations are effective in decreasing high school tobacco use by up to 50%; and WHEREAS, Research has shown that teens purchase cigarettes from their peers and that 90% of the "social sources" (friends and family) of tobacco for the 12-18 year olds are 18-21 year olds. It has also been shown that youth typically do not make the effort to travel to , neighboring localities if the age has increased to 21 in their city; and WHEREAS, the City Council finds that this ordinance furthers and is necessry for the promotioit of the public health, safety, and welfare. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1.. That Title 13 - Health and Quality of Environment - of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new chapter 13.25 - Licensing of Tobacco Retailers, which chapter shall read as follows: 02-04-19 TC Packet Page 51 of 119 52 Chapter 13.25 LICENSING OF TOBACCO RETAILERS 13.25.010 Incorporation ofgeneral licensingprovisions. The provisions of Chapter 14.04 City of Aspen Municipal Code (Licenses and Permits Generatly) and Section 1.04,110 (Double Fee for Failure to Obtain Required Licenses), shall appty to this Chapter except where they are specifically modified by the provisions of this Chapter. 13.25,020 Definitions The following definitions shall apply tfuoughout this Chapter: (a) Cigaret e means any product that contains tobacco or nicotine. that is intended to be burned or heated under ordinary conditions ofuse, and consists ofor conlains: (1) any roll oftobacco wrapped in paper or in any substance not containing tobacco; (2) tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or purchased by consumers as a cigarette; or (3) any roll oftobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or'purchased by, consumers as a cigarette described in subparagraph (1 Xa) above. (4) the temr includes all "roll-your-own," i.e., any tobacco that, because of its appearance, t1pe, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by consumers as tobacco for making cigarettes. @) Departme,?, means the City of Aspen Environmental Health Departnrent, and any agency or person designated by the City Managbr to enforce or adnrinister the provisions of this Chapter. (c) Electronic Smoking Device means an electronic device that, when activated, emits a vapor, aerosol, fume or smoke that may be inhaled or absorbed by the user, including,.. but not linrited to, an e-cigarette, e-cigar, e-pipe, vape pen, e-hookah and similar devices. Electronic smoking device includes any component, part, or accessory of 2 02-04-19 TC Packet Page 52 of 119 53 such a device, whether or not sold separately, and includes any substance, with or without nicotine, intended to be aerosolized, vaporized or produces a fume or smoke during the use of the device intended for human consumption. (d) Licensee means the owner or holder of a Tobacco Product Retailer License. (e) Licenserefers to the Tobacco Product Retailer license. (f) Licensing Administrator means the person(s) within the City government designated with responsibilities by the City Manager for license issuance, renewal and collection of fees. (g) Minimum Legal Sales Ag)means twenty-one (21) years of age or older. (h) Mobile Vendingmeans any sales other than at a fixed location. (i) Tobacco Product means l) any product which contains, is made or derived from tobacco or used to deliver nicotine or other substances intended for human consunrption, whether heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to Cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, mints, hand gels; and 2) electronic smoking device; 3) notwithstanding any provision of subsections 1) and 2) to the contrary, "tobacco product" includes any component, part, accessory or associated tobacco paraphernalia ofa tobacco product whether or not sold separately. 4) The term "Tobacco Product" does not include: (i) any product that contains marijuana; and (ii) any product made from or derived fronr tobacco and approved by the Food and Drug Administration (FDA) for use in connection with cessation of smoking. fi) Tobacco Producr n"roit Locarion or Relail Location means any premises where Tobacco Products are'sold or distributed to a consumer including, but not limited to, hookah bar, lounge or cafE, any grounds occupied by a retailer, ilY store, stand, outlet, vehicle, cart, location, vending machine or.structure where Tobacco Products are sold. (k) Tobacco Product Retailer means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, Tobacco or Nicotine Products, or Tobacco Paraphernalia. "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. (l) Tobacco Product Retailing means the selling, offering for sale, or exchanging for any form ofconsideration a Tobacco Product. (m)Self-Service Displal, means the open display or storage of Tobacco Products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person J 02-04-19 TC Packet Page 53 of 119 54 transfer between thc purchaser and the retailer or employee of the retailer. A vending machine is a fonn of self-service display. (n) Tobacco Paraphernalia means any item designed for the consumption, use or preparation of Tobacco Products. (o) Vending machine shall nrean any mechanical, electrical, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses product. 13.25.030 Minimum Legal Sales Age. Tobacco Products shall not be sold to any person under the Minimum Legal Sales Age. 13.25.040 Licenserequirementsandprohibitions. (a) Tobacco Product Retailer License required. (l) It shall be unlawful for any person to act as a Tobacco Product Retailer in the City unless he or she has obtained a License and maintains the same in full force and effect pursuant to this Chapter for each location where Tobacco Product Retailing occurs. (2) No license may be issued to authorize.Tobacco Product retailing anywhere other than at a fixed location that is designated in the License application and approved by the Licensing Administrator. Tobacco Product Retailing by a persons on foot, fronr vehicles or through Mobile Vending.is prohibited. (3) Tobacco Retailing without a valid License is a nuisance as a matter of law. (b) Display of License. Each License shall be prominently displayed in a publicly visible location at the licensed Tobacco Product Retail Location. (c) Disptay of Minimum Legal Sales Age Requirements. The requirement of the Minimum Legal Sale Age for the purchase of Tobacco Retail Product shall be prominently displayed in the entrance (or other clearly visible location) of the Tobacco Product Retail Location. (d) Other Prohibitions. (l) A Tobacco Product Retail Location may only have one active License at one time, Every License is separate and distinct and specific to a designated location. The License cannot be assigned, delegated, sold, inherited or otherwise transferred between persons or transferred to a different location, except as provided in this Chapter. No Licensee shall exercise the privileges of any other License or delegate the privileges of its own License. 4 02-04-19 TC Packet Page 54 of 119 55 I (2) A person or entity may not apply for a License for a one year period after a License has been revoked. (3) No License shall be issued to any person under twenty-one (21) years of age. 13.25.050 Conditions of the Tobacco Product Retail License. The following conditions shall apply to the Licensee: (a) Minimum age for persons handling Tobacco Products. No Person who is younger than the minimum age established by the City to purchase and possess the Tobacco Products shall, while employed at a Tobacco Product Retail Location, sell, stock, retrieve, or otherwise handle Tobacco Products. (b) Prohibition of self-service displays. Licensees shall stock and display all Tobacco Products in a manner so as to make all such products inaccessible to customers without the assistance of a retail blerk, thereby requiring a direct face-to-face exchange of the Tobacco Product from an employee of the business to the customer. (c) Requirements of positive identification. No person engaged in Tobacco Product retailing shall sell or transfer a Tobacco Product to another person who appears to be under the age of thirty (30) years without first examining the identification of the recipient to confirm that the recipient is at least twenty-one (21) years of age. (d) No Licenses shall be issued within 500' of schools. No Licenses will be issued to retailers located within 500 feet from schools or youth populated areas (community specific locations, playgrounds, parks etc.),' as detemrined by the Licensing Administrator. This restriction shall not apply to an existing Retail Location within 500 feet ofa youth populated area. 13.25.060 Application procedure. (a) An application for a License shall be submitted and signed'by an individual authorized by the person or entity making application for the License. It is the responsibility of each applicant and/or Licensee to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of said License. No applicant and/or Licensee may rely on'the issuance of a License as a detemrination by the City that the proprietor has complied with all applicable tobacco retailing laws, (b) All applications shall be submitted on a form supplied by the Licensing Administrator. (c) A licensed Tobacco Product Retailer shali inform the Licensing Adminiskator in writing of any change in the information submitted on an application for a License within thirty (30) business days of a change. 5 02-04-19 TC Packet Page 55 of 119 56 (d) All License applications shall be accompanied by the paynent in full of all fees as required in this Chapter. 13.25.070 Issuance of a Tobacco Product License. Upon the receipt of a completed application for a License as required by this Chapter, the Licensing Administrator shall sign and issue a License within thirry (30) days which period may be extended by the Licensing Administrator for good cause unless substantial evidence demonstrates that one or more of the following bases for denial exists: (a) The information presented in the application is iniomplete, inaccurate or false; (b) The applicant seeks authorization for a License at a location where this Chapter prohibits the issuance of a License; (c) The applicant seeks a License for a location that is not appropriately zoned for the use; (d) The applicant seeks authorization for a License and the applicant's curent License is suspended or revoked; (e) The applicant is not qualified to hold the requested License under the provisions of this Chapter; or 1f The applicant and/or retail location is not in compliance with all City, state or federal laws; (g) The applicant is indebted to, or obligated in any manner to the City for unpaid taxes, liens or other monies; or '. (h) The payment of the licensing fee in the full amount chargeable for such License does not accompany such License application. 13.25.0E0 Denial of Tobacco Product License. (a) If the Licensing Administrator denies the issuance of the License, the Licensing Administrator shall notiry the applicant in writing by regular mail postage prepaid on the address shown in the application. The notice shall include the grounds for denial. Notice is deemed to have been properly given upon mailing, (b) An applicant has the right to appeal the Licensing Administrator's denial of an application to the "Hearing Officer" that shall be appointed by the City Manager, Such an appeal shall be initiated by filing a written request with the Licensing Administrator within twenty (20) days of the date of the notice of denial of the issuance ofa License. (c) The applicant's failure to tirnely appealthe decision of the Licensing Adrninistrator is a waiver of the applicant's right to contest the denial of the issuance of the License. a 6 02-04-19 TC Packet Page 56 of 119 57 (d) The appeal, including any right td further appeals, shall be conducted and controlled by the provisions of Rule 106(aXa) of the Colorado Rules of Civil Procedure. The standard of proof at such appeal shall be a preponderance of the evidence and the burden of proof shall be upon the applicant. The Licensee's failure to tirnely appeal the decision is a waiver of the Licensee's right to contest the suspension or revocation of the License. f3.25.090 License term, renewal and expiration. (a) Term. All Licenses issued under this Code shall be for the peiiod of one (l) year or a fraction thereof and shall expire on the last day of December of each calendar year unless otherwise specifically provided. (b) Renewal bf License. A Licensee shall apply for the renewal of the License and subrnit the renewal License fee no later than thirty (30) days prior to expiration of the existing term. The Licensing Administrator shall renew the License prior to the end of the term, provided that the renewal application and fee were timely subrnitted and the Licensing Administrator is not aware of any fact that would have prevented issuance of the original License. or issuance of the renewal. (c) Expiration of License. A License that is not timely renewed shall expire at the end of its term. The failure to timely obtain a renewal of a License requires subrnission of a new application. There shall be no sale of any Tobacco Products after the License expiration date and before the new License is issued. f3.25.t00 Licensenon-transferable. (a) A License shall not be transferred from one ( I ) person to another or from one location to another. (b) When a License has been issued to a husband and wife, or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new License for the remainder of the term bf that License. All rights and privileges granted under the original License shall continue in full force and effect as to such survivors for the balance of the temr of the License. 13.25.110 Fee for License. (a) The annual fee for original issuance of a License for applications filed in 2018 shall be five hundred dollars ($500). The fee to issue or to renew a License may be changed from tirne to time by resolution of the City Council. The fee shall be calculated so as to recover the direct and indirect costs of adrninistration and enforcement of this Chapter, including, for example, issuing a License, administering the License program, retailer education and training, retailer inspection, compliance checks, community'outreach and education, documentation of violations, and prosecution of violators,. but shall not exceed the cost of the regulatory program authorized by this Chapter. Fees are nonrefundable except as may be required by law, In addition, from time to time, as deemed appropriate by License Adrrrinistrator, the 7 02-04-19 TC Packet Page 57 of 119 58 License may be increased in accordance with Article X Section 20 of the Colorado Constitution (b) All fees and interest from proceeds of License fees under this Chapter shall be deposited in a separate cash account established by the City. These fi.rnds are to be used exclusively to defray the costs of the local licensing program. (c) As part of the annual budget process, the amount of fees charged by the City pursuant to this Section shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs incurred by the City in connection with the adoption, administration and enforcement of this Chapter. (d) Beginning with the fiscal 2018 budget, the amount of the fees charged by the City pursuant to this Section shall be fixed by City Council as part of its annual budget process. Il for any reason, such fees are not fixed by City Council as part of its annual budget process, the fees for the preceding year shall continue to in full force and effect until changed by City Council. 13.25.120 Compliance monitoring. (a) Compliance monitoring of this Chapter shall be by the Departrnent, as the Department (or its designee) deems appropriate. (b) The Department shall have discretion to consider previous compliance check history or prior violations of a Licensee in determining how frequently to conduct compliance checks of the Licensee with respect to individual Licensees. (c) The Department shall inspect each Tobacco Product Retailer at least two (2) times per twelve (12) month period. Nothing in this paragraph shall create a right of action in any Licensee or other Person against the City or its agents. (d) Compliance checks shall be conducted as the Department deems appropriate so as to allow the Departrnent to determine, at a minimum, if the Tobacco Product Retailer is conducting business in a manner that complies with laws regulating access to Tobacco Products. When the Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to Tobacco Products. 13.25.130 Suspension or Revocation of License. (a) The following shall be grounds for suspension or revocation of the Licensee's License: (l) A violation by a Licensee or Licensee's offrcers, agents, or employees of any of the provisions of this Chapter, or any laws of the United States, the State of Colorado or ordinances of the City relating to the sale or furnishing of tobacco or Cigarettes to minors, or the storage or display of Cigarettes or tobacco products. 8 02-04-19 TC Packet Page 58 of 119 59 (2) Violations of any conditions imposed by the Licensing Administrator or Hearing Officer in connection with the issuance or renewal of a License. (3) Failure to pay State or local taxes that are related to the operation of the business associated with the License. (4) Loss of right to possession of the licensed premises. (5) Fraud, misrepresentation, or a false statement of material fact iontained in the original or renewal license application; (b) The City Manager shall appoint a Hearing Officer to hear all actions relating to the suspension or revocation of Licenses pursuant to this Chapter. The Hearing Officer shall have the authority to suspend, revoke, or impose remedial sanctions for violations. (c) The Licensing Administrator shall cornmence suspension or revocation proceedings by petitioning the Hearings Officer to issue an order to the Licensee to show cause why the Licensee's License(s) should not be suspended or revoked. The Hearing Officer shall issue such an order to show cause if the petition dernonstrates that probable cause exists to determine that one or more grounds exist pursuant to subsection (a) to suspend or revoke the Licensee's License. The order to show cause shall set the matter for a public hearing before the Hearing Officer. (d) Notice of the order to show cause order and hearing date shall be nrailed to Licensee by regular mail, postage prepaid, at the address shown on the License no later than thirty (30) days prior to the hearing date. Notice is deemed tb have been properly given upon mailing. (e) The notice to show cause hearing and any subsequent right to appeal shall be conducted and controlled by the provisions of Rule 106(a)(a) of the Colorado Rules of Civil Procedure. The standard of proof at such hearings shall be a preponderance of the evidence and the burden of proof shall be upon the Licensing Administrator and/or Department (0 In determining whether a License should be suspended or revoked, and in detemtining whether to impose conditions in the event of a suspension, the Hearing Officer shall consider the following factors: (l) The nature and circumstances of the violation; (2) Corrective action, if any taken by the Licensee; (3) Prior violations, if any by the Licensee; (a) The likelihood of recurrence of the violation; (5) Whether the violation was willful; and 9 02-04-19 TC Packet Page 59 of 119 60 (6) Previous sanctions, if any, imposed on the Licensee 13.25.140 Penalties and fines. (a) Licensees: penalties and fines. In addition to any other penalty authorized by law, and if the Hearing Officer determines based on a preponderance of the evidence, that . the Licensee, or any of the Licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter, or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law relating to the sale of tobacco to minors including but not limited to C.R.S. sections l8-13-l2l and24-35' 503, the Hearing Officer may consider the following non-binding guidelines in detemrining the sanctions to be irnposed upon a l-icensee as follows: (l) One violation within thirty-six (36) rnonths: a civil.penalty of five hundred dollars ($500) and/or suspension ofthe License for three (3) days' (2) Two violations within thirty-six (36) months: a civil penalty of one thousand dollars ($1,000) and suspension ofthe License for seven (7) days. (3) Three violations within thirty-six (36) rnonths: a civil penalty of one thousand five hundred doltars ($1,500) and a minimum twenty (20) days suspension of the License. (4) Four violations within thirty-six (36) rnonths: a civil penalty of two thousand dollars ($2,000) and revocation of License' The actual sanction imposed upon a Licensee for any violation may vary from the above-stated guidelines when warranted by the specific facts and circumstances of the case. (b) After the effective date of this ordinance, it shall be unlawful for any Tobacco Product Retailer to sell a Tobacco Product without a License as mandated under this Chapter, or with a suspended or revoked License. In addition, the Hearing Officer may rmpose civil penalties of up to $2,500 for each separate Tobacco Product sold:' driring the period of non-compliance with this Chapter. A retailer whose License has been suspended or revoked l) shall not display Tobacco Products in public view during the tinreframe in which the License is suspended' or revoked; and 2) advertisembnts relating to Tobacco Products that promote the sale or distribution of such products from the location that could lead a reasonable person to believe that such products can be obtained from that location shall not be displayed. 13.25.150 Enforcement. (a) The remedies provided by this Chapter are cumulative and in addition to any other 'remedies available at law or in equity. In addition to other remedies provided by this Chliter or by other iaw, any violation of this Chapter may be remedied by a civil action brought by the City Attomey, including but not limited to nuisance abatement proceedings and injunctive relief. l0 02-04-19 TC Packet Page 60 of 119 61 (b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall cause the offender to be subject to the penalties set forth herein or in the Aspen Municipal Code. 13.25.160 No Rights in License. Every License issued under this Chapter confers only a lirnited and conditional privilege subject to the requirements, conditions, limitations and qualificatioirs of this Chapter._The.l.icense does not confer a property right of any kind. The License and privilege created by the License may be further regulated, limited or completely extinguished at the discretion of City Council or the electorare of the City, as provided in this Chapter, without any compensation to the Licensee. Nothing contained in this Chapter grants to any Licensee any vested right to continue operating under the provisions of this Chapter as they existed at the time the License was approved or issued;-and every License shall be subject to any ordinance or prohibition adopted after the License was approved or issued. 13.25.170 Effective Date. This Chapter shall become effective as of January l,2Ol8 and enforceable on and after that date' Any Tobacco Product Retailer without a License after the effective date will be in violation of this Chapter. Section 2: Litigation This ordinance shall not affect any existing litigation and shall not operate as an abaternent of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: Severabilit-v Ifany section, subsection, sentence, clause, phrase, or portion ofthis ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thertiof. i The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the offrie of the Pitkin County Clerk and Recorder. SectioIr 4: Public Hearins A public hearing on the ordinance shall be held on the l2rh day of June ,2017 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a.public notice of the same was published in a newspaper of general circulation within the City of Aspen. ll 02-04-19 TC Packet Page 61 of 119 62 INTRODUCED,READ AND ORDERED PUBLISHED Council of the City of Aspen on the 8th day of May, 201 5 r by law,the Cify Mayor Mayor Manning, City FINALLY, adopted, passed and approved ttris /Zauy orlqf6zOtz. Steven ATTEST: City APPROVED AS TO FORM: 1 I I I ayr{ X. True, City Attorney t2 02-04-19 TC Packet Page 62 of 119 63 TOWN OF BASALT, COLORADO ORDINANCE NO. 05 SERIES OF 20{8 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BASALT, COLORADO, AMENDING CHAPTER 6 OF THE MUNICIPAL CODE OF THE TOWN OF BASALT ' BUSINESS LICENSES AND REGULATIONS . TO ADD A NEW ARTICLE VI ENTITLED: LICENSING OF TOBACCO RETAILERS. WHEREAS, over 225 U.S, localities and the states of California and Hawaii have enacted into law regulations prohibiting the sale of tobacco products to individuals under the age of 21 and research has shown such regulations are effective in decreasing high school tobacco use by up to 50%; and WHEREAS, Research has shown that teens purchase cigarettes from their peers and that 90% of the "sociat sources" (friends and family) of tobacco for the 12'18 year olds are 18-21 year olds. lt has also been shown that youth typically do not make the effort to travel to heighboring localities if the age has increased to 21 in their city; and WHEREAS, the Town Council finds that this ordinance furthers and is necessary for the promotion of the public health, safety, and welfare. NOW THEREFORE, BE IT ORDAINED BY THE COUNC]L OF THE TOWN OF BASALT, COLORADO: Section 1. That Chapter 6 - Business Licenses and Regulations - of the Municipal Code of the Town of Basalt, Colorado, is hereby amended by the addition of a new Article Vl - Licensing of Tobacco Retailers, which Article shall read as follows: WHEREAS, Smoking rates in the U.S. have declined substantially since the Surgeon General's 1964 report , trom 42 percent to now about 18 percent; however, it remains one of the biggest public freinfr problems in the United States as almost 500,000 Americans still die prEhatuiely each yeai from diseases related to cigarette smoking. This makes up 85% of deaths trom lung iancer. ln Colorado, like most other states, it is the number one cause of preventable death, and accounts for 5,100 deaths a year; and WHEREAS, 90o/o of adult smokers started smoking before the age of 18 and each day more than 3,000 adolescents in the u.s. try their first cigarette; and WHEREAS, Since 2014, after decades of effective anti-smoking campaigns and decreasing smoking rates in the U.S., there has been a surprising uptum in youth tobacco use; and 02-04-19 TC Packet Page 63 of 119 64 Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page 2 Article Vl LICENSING OF TOBACGO RETAILERS Sec. 6-150 tncorporation of general licensing provisions. The provisions of Chapter 6 Town of Basalt Municipal Code (Business Licenses and Reguiations) and Sec. 2-238 (Fines, Penalties and Administrative Fees), shall apply to this nrtrcte except where they are specifically modified by the provisions of this Article. Sec. 6-151 Definitions. The following definitions shall apply throughout this Article: (a) Cigarette means any product that contains tobacco or nicotine, that is intended to be burned' ' or heated under ordinary conditions of use, and consists of orcontains: (1) any roll of tobacco wrapped in paper or in any substance not containingtobacco; (2) tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or purchased by consumers as a cigarette;or (3) any roll of tobacco wrapped in any substance containing tobacco that, because of its' ' app"arance, the type oltobacco used in the filler, or its packaging and labeling, is likely to'Ue offered to, oi purchased by, consumers as a cigarette described in subparagraph (1)(a) above. (4) the tenn includes all "roll-your-own," i.e., any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and tikely to be offered to, or purchased by consumers as tobacco for making cigarettes. (b) Electronic Smbking Device means an electronic device that, when activated, emits a vapor, aerosol, fume or imoke that may be inhaled or absorbed by the user, including, but not limited io, an e-cigarette, e-cigar, e-pipe, vape pen, e-hookah and similar devices. Electronic smoking device iicludes any iomponent, part, or accessory of such a device, whether or not sold separately, and includes any substance, with or without nicotine, intended to be aerosolized, vaporized or produces a fume or smoke during the use of the device intended for human consumPtion. (c) Lrcensee means the owner or holder of a Tobacco Product Retailer License. (d) lrbense refers to the Tobacco Product Retailer license. (e) Licensrng Administralor means the person(s) within the Town government designated with responsibilities by the Town Manager for license issuance, renewal and collection of fees. (f) Minimum LegalSales Age means twenty-one (21) years of age or older. 02-04-19 TC Packet Page 64 of 119 65 Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page 3 (g) Mobile vending means any sales other than at a fixed location. (h) person means natural person, a joint venture, joint-stock company, partnership, association, firm, club, company, corporation, business, trust or organization, or the manager, lessee, agent, servant, officer or employee of any of them. (i) Self-Se ruice Display means the open display or storage of Tobacco Products in a manner that is physically accessible in any way to the general public without the assistance of the iJt"it"r'oi empioyee of the retajler and a direct person-to-person transfer between the purchaser and'th6 retailer or employee of the retailer. A vending machine is a form of self- service disPlaY. $) Tobacco product means 1) any product which contains, is made or derived from tobacco or used to deliver nicotine or oifrer substances intended for human consumption, whether heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to Cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, "bidis, snus, mints, hind gels; Lnd 2) electronic smoking device; 3) notwithstanding any provision of subsectionJ t; and 2) to the contrary, 'tobacco product' includes any component, part, accessory or associated tobacco paraphernalia of a tobacco product whetner or not sold separately. 4) The term."Tobacco Product" does not include: (i) any product that contains marUuana; and (ii) any product [ld_e from or derived from tobacco ,nd '"pproued by the Food Lnd Drug Administration (FDA) for use in connection with cessation of smoking. (k) IoDacco product Retait Location or Retail Location means any premises where Tobacco products are sold or distributed to a consumer including, but not limited to, hookah bar, lounge or caf6, any grounds occupied by a retailer, Ty store, stand, outlet, vehicle, cart, locaiion, vending machine or structure where Tobacco Produc{s are sold. (l) Iopacco Product Retaiter means any Personlho sells, offers for sale, or does or offers to exchange for any form of consideration, Tobacco or Nicotine Products, or Tobacco iarapfrlrnalia. "T'obacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange' (m) Iobacc o Product Retailing means the selling, offering for sale, or exchanging for any form of consideration a Tobacco Product. (n) Tobacco Paraphernalra means any item designed for the consumption, use or preparation of Tobacco Products. (o) Vending machine shall mean any mechanical, electrica!, or electronic self-service device which, [pon insertion of money, tokens, or any other form of payment, dispenses product. Sec. 6-{52 Minimum legalsalee age. Tobacco Products shall not be sold to any person under the Minimum Legal Sales Age' 02-04-19 TC Packet Page 65 of 119 66 Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page 4 Sec. 6-{53 License requirements and prohibitions" (a) Tobacco Product Retailer License required' (l) lt shall be unlawful for any person to act as a Tobacco Product Retailer in the Town unless he or she has obtained a License and maintains the same in full force and effect pursuant to this A(icle for each location where Tobacco Product Retailing occurs' (2) No license may be issued to authorize Tobacco Product retailing anywhere other than at a fixed location that is designated in the License application and approved by the Licensing Administrator. Tobacco Product Retailing by persons on foot, from vehicles or through Mobile Vending is prohibited' (3) Tobacco Retailing without a valid License is a nuisance as a matter of law. (b) Display of License. Each License'shall be prominently displayed in a publicly visible location' ' at the iicensed Tobacco Product Retail Location' (c) Display of Minimum Legal Sales Age Requirements. The requirement of the Minimum Legal' ' Sale Age for the purchase of Tobicco Retail Product shall be prominently displayed in the entranie (or othei clearly visible location) of the Tobacco Product Retail Location. (d) Other Prohibitions. (l) A Tobacco Product Retail Location may only have one active License at one time. Every License is separate and distinct and specific to a designated location, The License cannot be assigned, delegated, sold, inherited or otherwise transferred between persons or transferreO 6 a Oifereit location, except as provided in this Article. No Licensee shall exercise the privileges of any other License or delegate the privileges of its own License. (2) A person or entity may not apply for a License for a one year period after a License has been revoked. sec. 6-154 Conditions of the Tobacco Product Retail License. The following conditions shall apply to the Licensee: (a) prohibition of self-service displays. Licensees shall stock and display all Tobacco Products- ' in a manner so as to make ill such products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the Tobacco Product from an employee of the business to thecustomer. (b) Restriction on sales to underage person. No person engaged in Tobacco Product Retailing shall sell or transfer a Tobacco Product to another person unless that recipient is at least twenty-one (21) years of age. lt is an affirmative defense to prosecution that the seller was presented with the lD showing the person to be over the minimum age. 02-04-19 TC Packet Page 66 of 119 67 Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page 5 (c) No Licenses shall be issued within 500' of schools. No Licenses will be issued to retailers tocated within 500 feet from any public or parochial school as determined by the Licensing Administrator. This restriction snait not apply to an existing Retail Location within 500 feet of a school. Sec. 6-155 Application procedure. (a) An application for a License shall be submitted and signed by an individual authorized by the'-' p"rri, or entity making application for the License. lt is the responsibility of each applicant and/or Licensee to belnformed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of said License. No applicant and/or Licensee may rely on the issuance of a iic"nr" as a determination by the Town that the proprietor has complied with all applicable tobacco retailing laws. (b) All applications sha[ be submitted on a form supplied by the Licensing Administrator. (c) A licensed Tobacco product Retailer shall inform the Licensing Administrator in writing of' ' .ny change in the information submifted on an application for a License within thirty (30) business daYs of a change. (d) All License applications shall be accompanied by the payment in full of all fees as required in the Basalt Municipal Code, Sec. 2-381 Fines, penalties and administrative fees. Sec. 6-{56 lssuance of a Tobacco Product Llcense' Upon the receipt of a completed application for a License as required by this Article, the iifensing Administrator shall sign and'issue a License within thirty (30) days which period may o" J*t"io"d by the Licensin! Administrator for good cause unless substantial evidence demonstrates that one or more of the following bases for denial exists: (a) The information presented in the application is incomplete, inaccurate orfalse; (b) The applicant seeks authorization for a License at a location where this Article prohibits the issuance of a License; (c) The applicant seeks a License for a location that is not appropriately zoned for the use; (d) The applicant seeks authorization for a License and the applicant's current License is suspended or revoked; (e) The applicant is not qualified to hold the requested License under the provisions of this Article; or (f; The applicant andlor retail location is not in compliance with all Town, state or federal laws; (g) The applicant is indebted to, or obligated in any manner to the Town for unpaid taxes, liens or other monies; or 02-04-19 TC Packet Page 67 of 119 68 Sec.6-157 Denialof Tobacco Product License. (a) lf the Licensing Administrator denies the issuance of the License, the Licensing Administrator shlll notify the applicant in writing by regular mail postage prepaid on the address shown in the application. The notice shall include the grounds for denial. Notice is deemed to have been properly given upon mailing. (b) An applicant has the right to appealthe Licensing Administrato/s denial of an application to the ftiaring Officer that shall be appointed by the Town Manager. Such an appeal shall be initiated UyJiling a written request with the Licensing Administrator within twenty (20) days of the date of the notice of denial of the issuance of a License. (c) The applicant's failure to timely appeal the decision of the Licensing Administrator is a' ' waiver if tne applicant's right to contest the denial of the issuance of the License. (d) The appeal, including any right to further appeals, shall be conducted and controlled by the' ' prwisions of Rule 106(aX4) of the Colorado Rules of Civil Procedure. The standard of proof at such appeal shall be a preponderance of the evidence and the burden of proof shall be upon the'applicant. The Licensee's failure to timely appeal the decision is a waiver of the Licensee's right to contest the suspension or revocation of the License' Sec. 6-{58 License term, renewaland expiration. Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page 6 (h) The payment of the licensing fee in the full amount chargeable for such License does not accompany such License application. (a) Term. All Licenses issued under this Code shall be for the period of one (1) year or a fraction thereof and shall expire on the last day of December of each calendar year unless otherwise specifically provided. (b) Renewal of License. A Licensee shall apply for the renewal of the License and submit the renewal License fee no later than thirty (30) days prior to expiration of the existing term' The Licensing Administrator shall renew the License prior to the end of the term, provided that the renefual application and fee were timely submitted and the Licensing Administrator is not aware of any iict that would hava prevented issuance of the original License or issuance of the renewal. (c) Expiration of License. A License that is not timely renewed shall expire at the end of its term.' ' Th; failure to timely obtain a renewal of a License requires submission of a new application. There shall be no sale of any Tobacco Products after the License expiration date and before the new License is issued. Sec.6-{59 Licensenon-transferable' (a) A License shall not be transferred from one (1) person to another or from one location to another. 02-04-19 TC Packet Page 68 of 119 69 Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page 7 (b) When a License has been issued to a husband and wife, or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new License toi the remainder of the term of that License. All rights and privileges granted under the original License shall continue in full force and effect as to such survivors for the balance of the term of the License. Sec. 6-160 Fee for License. (a) The fee to issue or to renew a License shall be pursuant to the Town's Fee Schedule, a copy of which may be obtained from the Town Clerk and is available at Town Hall. The Town Council will idopt the Fee Schedule which may be changed from time to time by ordinance of the Town Council. The fee shall be calculated so as to recover the direct and indirect costs of administration and enforcement of this Article, including, for example, issuing a License, administering the License program, retailer education and training, retailer inspection, community outreach and education, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this Article. Fees are nonrefundable except as may be required by law. ln addition, from time to time, as deemed appropriate by License Administrator, the License fee may be increased in accordance with Article X Sedion 20 of the Colorado Constitution. (b) The amount of fees charged by the Town pursuant !9 this Section shall be reviewed and, if necessary, adjusted to ieflect the direct and indirect costs incurred by the Town in connection with the adoption, administration and enforcement of this Article. (c) The amount of the fees charged by the Town pursuant to this Article shall be fixed by Town Council pursuant to Sec. 2-381 Fines, penalties and administrative fees of the Municipal Code. Sec. 6-161 Compliancemonitoring. (a) Compliance monitoring of this Article shall be by the Basalt Police Department, as the Basalt Police Department (or designee) deems appropriate. (b) The Basalt Police Department shall have discretion to consider previous compliance check history or prior violations of a Licensee in determining how frequently to conduct compliance checks of the Licensee with respect to individual Licensees. (c) The Basalt Police Department shall inspect each Tobacco Product Retailer at least two (2) times per twelve (12) month period. Nothing in this paragraph shall create a right of action in any Licensee or other Person against the Town or its agents. (d) Compliance checks shall be conducted as the Basalt Police Department deems appropriate, including the use of decoys, so as to allow the Basalt Police Department to determine, at a minimum, if the Tobacco Product Retailer is conducting business in a manner that complies with laws regulating access to Tobacco Products. When the Basalt Police Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to Tobacco Products. 02-04-19 TC Packet Page 69 of 119 70 Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page 8 Sec. 6-{62 Suspension or Revocation of License' (a) The following shall be grounds for suspension or revocation of the Licensee's License: (l) A violation by a Licensee or Licensee's officers, agents, or employees of any of the provisions of this Article, or any laws of the United States, the State of Colorado or ordinances of the Town relating to the sale or furnishing of tobacco or Cigarettes to minors, or the storage or display of Cigarettes or tobacco products. (2) Violations of any conditions imposed by the Licensing Administrator or Hearing Officer in connection with the issuance or renewal of a License. (3) Failure to pay State or local taxes that are related to the operation of the business associated with the License' (4) Loss of right to possession of the licensed premises. (5) Fraud, misrepresentation, or a fatse statement of material fact contained in the original or renewal license aPPlication; (b) The Town Manager shall appoint a Hearing Officer to hear all actions relating to the suspension or revocation of Licenses pursuant to this Article. The Hearing Officer shall have the authority to suspend, revoke, or impose remedial sanctions for violations. (c) The Licensing Administrator shall commence suspension or revocation proceedings by petitioning the Hearings Officer to issue an order to the Licensee to show cause why the Licenseeb License(s)lhould not be suspended or revoked. The Hearing Officer shall issue such an order to show cause if the petition demonstrates that probable cause exists to determine that one or more grounds exist pursuant to subsection (a) to suspend or revoke the Licensee's License. The order to show cause shall set the matter for a public hearing before the Hearing Officer' (d) Notice of the order to show cause order and hearing date shall be mailed to Licensee by regular mail, postage prepaid, at the address shown on the License no later than thirty (30) days prior to the hearing date. Notice is deemed to have been properly given upon mailing. (e) The notice to show cause hearing and any subsequent right to appeal shal! be conducted and controlled by the provisions of Rule 106(aX4) of the Colorado Rules of Civil Procedure. The standard of proof at such hearings shall be a preponderance of the evidence and the burden of proof shall be upon the Licensing Administrator. (f) ln determining whether a License should be suspended or revoked, and in determining whether to impose conditions in the event of a suspension, the Hearing Officer shall consider the following factors: (1) The nature and circumstances of the violation; 02-04-19 TC Packet Page 70 of 119 71 Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page I (2) Corrective action, if any taken by the Licensee; (3) Prior violations, if any by the Licensee; (4) The likelihood of recurrence of the violation; (5) Whether the violation was willful; and (6) Previous sanctions, if any, imposed on the Licensee' Sec. 6-163 Penalties and fines. (a) Licensees: penalties and fines. ln addition to any other penalty authorized by law, and if the Hearing Officer determines based on a preponderance of the evidence, that the Licensee, or any of ine Licensee's agents or employees, has,violated any of the requirements, conditions, or'prohibitions of this niicte, or has pliaded guilty, 'no contest" or its equivalent, or admitted to a violation of any law relating to the sale of tobacco to minors including but not limited to C.R.S" sections fi73-121an02+-gS- 503, the Hearing Officer may consider a fine pursuant to the Town's Fee Schedule andior suspension or revocation of the License. The actual sanction imposed upon a Licensee for any violation may vary from the above-stated guidelines when warranted by the specific facts and circumstances of the case. (b) After the effective date of this ordinance, it shall be unlawful for any Tobacco Product Retailer to sell a Tobacco Product without a License as mandated under this Article, or with a suspended or revoked License. ln addition, the Hearing Officer may impose civil penalties pursuant to the Fee Schedule for each separate Tobacco Product sold during the period of non-compliance with this Article. A retailer whose License has been suspended or revoked 1) shall not display Tobacco Products in public view during the timeframe in which the License is suspended or revoked; and 2) advertisements relating to Tobacco Products that promote the sale or distribution of such products from the location that could lead a reasonable person to believe that such products can be obtained from that location shall not be displayed. Sec. 6-164 Enforcement. (a) The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity. ln addition to other remedies provided by this Article or by other law, any violation of this Article may be remedied by a civil action brought by the Town Attorney, including but not limited to nuisance abatement proceedings and injunctive relief. (b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article shall cause the offender to be subject to the penalties set forth herein or in the Basalt Municipal Code. 02-04-19 TC Packet Page 71 of 119 72 Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page 10 $ec.6-f 65 No rights in License. Every License issued under this Article confers only a limited,and conditional privilege subject to the requirements, conditions, limitations and qualifications of this Article. The License does not confer'a property right of any kind. The License and privilege created by the License may be further regutited, timiteO or iompletely extinguished at the discretion of Town Council or the electoratJof the Town, as provided in this Article, without any compensation to the Licensee. Nothing contained in this Article grants to any Licensee any.vested right to continue operating under ihe provisions of this Article as they existed at the time the License was approved or i*t"0, and every License shall be subject to any ordinance or prohibition adopted after the License was approved or issued. Sec. 6-166 Effective date. This Article shall become effective as of July 1, 2018 and enforceable on and afrer that date. nny foUacco product Retailer without a License after the effective date will be in violation of this Article. Section 2: Litiuation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now lending under or by virtue of the ordinances repealed or amended as heiein proviJ'ed, and ttre same shall be conducted and concluded under such prior ordinances. Section 3: Severabilitv lf any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any ,eason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affecl the validity of the remaining portions thereof . $ection 4: Public Hearino A public hearing shall be held at second reading of this_Ordinance on the 27n day of March, zs\a,, in the Toin Council Chambers, Town Hall, Basalt, Colorado. Notice of said public hearing will be in a newspaper of general circulation within the town of Basalt, not less than 3 days prior to the public hearing. READ ON FIRST READING, ORDERED PUBLISHED AND SET FOR PUBLIC HEARTNG TO BE HELD ON TUESDAY, March 27,2018 by a vote of 7 TO 0 this 13'h day of March, 2018. AFTER A PUBLIC HEARING AND SECOND READING, THE ORDINANCE WAS ADOPTED by a vote of 4 to 0 on March 27, 2018. 02-04-19 TC Packet Page 72 of 119 73 Town of Basalt, Colorado Ordinance No. 05, Series 2018 Page 1 1 OF BASAL ,T, BY: A APPROVED AS TO ord 05 2018 - lncreasing Age to 21 for Tobacco and Nicotine sales in Basalt First Publiceti on: O3l22l 1 I Final Publication: O4/05/1 8 Effective date: 04/1 9/1 8 Tom $EAt 02-04-19 TC Packet Page 73 of 119 74 Town of Basalt Ordinance No.09 Series of 2018 ORDINANCE OF THE TOWN COUNCIL OF BASALT, COLORADO, AIT'IENDING FINES, PENALTIES AND ADMINISTRATIVE FEES PURSUANT TO SECTION 2'381 OF THE MUNICIpAL cODE OF THE TOWN OF BASALT, COLORADO RECITALS A. pursuant to Section 2-381, et seq., Municipal Code of the Town of Basalt (,,Town Code"), the Town Council of the Town of Basalt may approve fines, penalties and administrative fees as recommended by the Town Manager based on input from the head of the respective departments ("Director") o{the Town of Basalt government' B. The Town Council passed Ordinance No. 05 Series 2018 adding a new Article Vl entitled: Licensing of Tobacco Retailers. C. Each of the Directors required to provide service based on the requirements of Ordinance No. 05 Series 2018, Article Vl have submitted to the Town ttt"n"g"r a fee schedule for fees associated with that department based on their reseaicn and anatysis under the criteria of Section 2-380 of the Municipal Code of the Town of Basalt. D. The Town Manager has reviewed the recommendations of the Directors. The Town Manager and the Directors have recommended the schedule of fines, penatties and adirinistrative fees as attached hereto based on their research and analysis. E. The Town Council determines and concludes that in the reasonable judgment of the Council, the fees, fines and penalties hereby established are at levels no -greater than reasonably necessary to defray the costs hereby determined by the Tovin Council to be related to the service provided based on the testimony of the Town Manager and Directors. F. The Town Council further concludes that it is in the best interests of the citizens of the Town of Basalt for the Town to adopt the fines, penalties and administrative fees as provided herein for the purpose of providing services to the citizens of the Town and preserving and protecting the health, safety, welfare and quality of life for the citizens of the Town of Basalt. NOW, THEREFORE, BE lT ORDAINED by the Town Council of Basalt, Colorado, that the schedules of fines, penalties and administrative fees attached hereto for the respective departments of the government of the Town of Basalt are approved 02-04-19 TC Packet Page 74 of 119 75 Town of Basalt, Colorado Ordinance No. 09, Series of 2018 Page2 pursuant to Section 2-381, Town Code. READ ON FIRST READING, ORDERED PUBLISHED AND SET FOR PUBLIC HEARING TO BE HELD ON May 22,2018, by a vote of 7 to 0 on May 8,2018' READ AND ADOPTED by a vote of b to {1 on May 22,2A18. This Ordinance shall be effective 14 days afterfinal publication. TOWN OF Mayor [9'lerk First Publication: MaY 17,2018 Final Publication: Effective date: Ord 09 2018 - Amending Fee Schedule Town $EAL 02-04-19 TC Packet Page 75 of 119 76 Town of Baealt 20{8 Additions to the Fee Schedule This fee schedule covers fines, penalties and administrative fees for various activities and services provided by the Town of Basalt 02-04-19 TC Packet Page 76 of 119 77 Table of Gontents Police Department Clerk (includes Cemetery Fees) 02-04-19 TC Packet Page 77 of 119 78 Town of Basalt Police Department 1d Offense - $50 2nd Offense - $150 or summons with fine up to $2,650 3d 0ffense - $300 or summons with fine up to $2,650 4n & Subsequent Offense - summons with fine up to $2,650 Conditions of the Tobacco Product Retail License Section 6-154 (b) Fines up to $2,650Section 6-163 Section 6-163 2018 FeeSubiectCode Section Penalties and Fines 02-04-19 TC Packet Page 78 of 119 79 Town of Basalt Clerk Department License and Fees 2018 Addition to the Schedule of Flnes, Penalties and Adminletrativs Fees New and Annual Fee for TobaccoSection 6-160 (a) Subiect Fee $275 02-04-19 TC Packet Page 79 of 119 80 ORDINANCE NO. 13 Series of 2018 AN ORDINANCE OF THE TOWN OF CARBONDALE, COLORADO AMENDING CHAPTER IO, ARTICLE 6 OF THB MUNICIPAL CODE OF THE TOWN OF CARBONDALE TO RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION, AND CONSUMPTION OF TOBACCO PRODUCTS AND TO BSTABLISH THE MINIMUM AGE FOR THE PURCHASE, POSSESSION, AND CONSUMPTION Otr ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES WHEREAS, diseases related to cigarette smoking remain one of the largest public healrh concerns nationwide, and in the State of Colorado, lung cancer is the leading cause of preventable death, accounting for 5,100 deaths each year; and WHEREAS, 90 percent of adult smokers started smoking before the age of 18, and each day more than 3,000 adolescents in the U.S. try their first cigarette; and WHEREAS, since 2014, after decades of effective anti-smoking carnpaigns and decreasing smoking rates in the U.S., there has been a surprising increase in youth tobacco use; and WHEREAS, over 320 localities and five states in the U.S. have enacted into larv regulations prohibiting the sale of tobacco products to individuals under the age of 2l; and WHEREAS, research demonstrates that raising the minimum age is e[fective in curbing high school tobacco use by up to 50 percent; and WHEREAS, research shows that teens purchase cigarettes from peers and that 90 percent of the "social sources" (i.e. friends and family) of tobacco for l2- to l8-year-olds are l8- to 2l- year-olds; and WHEREAS, research has also shown that youth do not routinely make the effort to travel to neighboring localities if the minimum sales age is increased to 2l in their home municipality; and WHEREAS, there has been a sharp uptick in vaping by middle and high school students through use of electronic smoking devices like e-cigarette.s. E-cigarettes are now the most commonly used tobacco product among youth. According to a 2016 U.S. Surgeon General report, more than three million youth in middle and high school, including about one of every six high school students, used e-cigarettes in the past month, and more than a quarter of youth in middle and high school have tried e-cigarettes. A recent CDC study shows that Colorado leads 37 states surveyed for use of e-cigarettes among high school students and nearly six percentof those students report using electronic smoking devices regularly; and 02-04-19 TC Packet Page 80 of 119 81 Town of Carbondale Ordinance No. l3-2018 Page Z WHEREAS, the substances consumed via electronic smoking devices can include nicotine, flavorings, and toxic particles, and electronic smoking devices can also be used as delivery systems for marijuana and other illicit drugs; and WHEREAS, public health advocates warn that vaping can lead to long-term health risks and nicotine addiction in teenagers; and WHEREAS, raising the minimum age for the purchase, consumption, and possession of electronic smoking devices and substances to be consumed through sucir devices may reduce youth initiation and overall usage rates; and WHEREAS, the Board of Trustees finds and determines that the enactrnent of the regulations.set forth herein is in the interestof thepublic health, safety, and welfareof the residents of the Torvn of Carbondale. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF CARBONDALE, COLORADO that the Town of Carbondale Municipal Code shall be amended as follows: l. The foregoing recitals are hereby adopted as findings and determinations of the Board of Trustees. 2. Chapter 10, Article 6 of the Town of Carbondate MunicipalCode shall be amended by deleting the language stricken and adding the language undlrlined to read as follows: sec. 10-6-60. sale of cigarettes, an*tobacco products. and etectronic sm deyices. (a) For purposes of this Code, the following worcls shall have the meanings ascribed hereafter: Cigutettc.r means a0I Product that contains tobacco or nicotine. including but not limited to premanufactured cigarettes and/or hand-rolled.igor.rt.r. rhit iiinr.nffiIEIurn"d or heated under ordinarv conditions of ug.g. and coniists of or contains: ( I ) anv roll of tobacco w.raoped in paper or in anv substance not containing tobacco: (2) tobacco in anv form that is functional in the product. which. because of irs aPPearance. tlrf type of tobacco use.d in the hllel. or its packagiG or labJiE islik"ly ,o b. off.r.d ,o. or prr.hor"d b:r ronrurJ.r orj,.i.ur"uEii- 02-04-19 TC Packet Page 81 of 119 82 Town of Carbondale Ordinance No. l3-2018 Page 3 (3) any roll of tobacco wrapped in any substance containing tobacco that. becausg of its apoearance. the tvpe of tobacco used in the filler. or its packagine and labeline. is likglv to be offered to. or purchasqd by. consumers as a ciearette described in subparagraph ( l't above. (4) The term includes all "roll-vour-own." i.q.. anv tobacco that. because of its aDDearance. tvpe. packaeine. or labeling. is suitable for use and likel], to be offered to or purchased by qonsumers as tobacco lor makine ciearettes. E/eclrprric sltoitirlg deyice means an electronic device that. when act!vated. emits a vilpor. aeroso.l-. fume. or smoke that ma.v be inhaled or ab.sorbed bv the user. including but not limited to an e-cigarette. e-cigar. e-pipe. vape pen. e-hookah. and similar devices. Electronic smoking device includes an:r component. part. or accessorv of such a device. whether or not sold separatelv. and includes anv substance. with or without nicotine. intended to be aerosolized. vaporized. qr which produces a fume or smoke during the use of the device intended for human consumptior.r- t|+r*ra- means a persen-u Prcrrrielor means a person with an ownership or managerial interest in a business. An orvnership interest shall be deemed to exist when a person has a ten percent or ereater interest in the stock. assets. or income of a business gther than the sole interest of securitv for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate contro_l over the dav-to-day operations of a business. Tobucco product means ( l) any product which contains. is made. or derived from tobacco or used to deliver nicqtine or other substances intended for human consumption. whether smoked. heated. chewed. dissolved. inhaled. snorted. sniffed. or ingested bv any other means. including but not limited to cjsarettes. cigars, little ciears, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, bidis. snus. mints. hand gels. Cavendish, plug and twist tobacco, fine cur and other chewing tobaccos, shorts, refuse scraps, clippings, cuu.ing, and srveepings of tobacco; (2) electronic smokine devices: (3) notwithstandine any-provision of subsections ( l) and (2) to the contrar.y. "tobacco prgduct" includes any qomponent. part. accessorlr. or associated tobacco paraphernalia of a tobacco product whether or not sold seoarately. Excluded from this definition is anv nroduct that contains nlarijlrana ilnd any products specifically aporoved bv the U.S. Food und Drue Administration for use in reducine. treating. or eliminating nicotine or tobacco dependence or for..other medical purposes when thes.e-products are being marketed and sold solely for such aporoved pumose. Iolrocco parapfienrclra means anv item designed for the consumption. use. or preparation of Tobacco Producb. IoDaccgprudrtcl retail locorrbn means anv premises where Tobacco Products are sold or distributed to a consumer. including but not limited to hookah bar. lounee. or caf6. anv 02-04-19 TC Packet Page 82 of 119 83 Town of Carbondale Ordinance No. l3-2018 Page 4 stounds occuPied by a retailer. any store. stand. outlet. vehicle. cart. locatioE. vending machine. or structure where Tobacco products are sold. IaDdcco lzrurlrrct rclciler.means anv person who selts. offers for sate. or does or offers to exchanBe for a4y form of consideration Tobacco Products. "Tobacco product Retailing- shall mean the doing of any of these thines. This definition is without regard !o the- QuantitY of Tobacco Products or Tobacco Paraphernalia sold. offered foriale. exctranged. or offered for exchange. Se/F.ren'rce r/r.rDl4-r'means the open display or storage of Tobacco Products in a manner that is Phvsicallv accessible in an.v way to the generul public withouitheas.sirlon.. of G. retailer or emplo.ver of the retailer and a direct person-to-person transfer banveen the Purchaser and the retailer or emplovee of the retailer. A vending machine oiother coin- operated machine are forms of a Sel_f-Service Displav. (b) Any person rvho is ensaged in Tobacco Product Retailine who knowingly sells fornishes any e*raretterer Tobacco ProJutts to a person under the 3ee of 2l commits an offense and, upon conviction thereof, shall be pun;rtoO Uy o fine of $100100 $2e0S0 for the first offense. $250.00 or a summons with fine up tq $2.650.00 for the .second offense. and $500.00 or a sumnroni ffi.00 for the third offense. and a summons with fine uo to $2.650.00 foiltre fourtf, andlni subsequent offense(s). [t shall be an affirmative defense to e prosecution under tSis Subsection that the person furnishing the efaretteser Iobacco lroducts was presented wirh and reasonably relied upon a valid state driver's license or other government-issued form of identification which identified the person receiving the ef,a+e++eq lobacco products as being 2l {8 years of age or older. (c) Anv Person who sells. eives. or othenvise supplies anv Tobacco Product(s) to a p,erson undet the age of 2l is subject to a civil penalty of.$ 100.00 for rhe first violario,nj2ioJo for- the second violation. and $500.00 for the third and any subsequent violatior(sL- (d) A Proprietor is responsible for the actions of its agent€ and emplovees in regard to thq sale of Tgbacco Prodqcts. and the illegat sale of anv Tobacco PioducGlo aEEo-rund.rih. aEgof ?l at the Proprietorls Tobaccg Procluct Retail Locati.on may result in tfre ansessmcn! o[q civil penaltv to the Proprietor in the following amounts: up to $l.000J0for-ile frrst vigla.tion. up to $1.500.00 for the secqnd violation. and up toffion, subsequent violation(s). 4 conviction pursuant to subseitionpri*a fu.i. euidenc" of o Proprietor's viorrtion of this subs..rio;.----.--.- (e) Any person under the age of 2l minor who purchases or attempts to purchase any eigar€ttes€r fobacco lroducts, and/or is found to be in possession of any eiga{€+tes€r lobacco Products is subje,ct to a civil penalty of $ 100.0d for the first vioiatiJn. $250.00 for the sqcond violation. and $500.00 for rhe third and an), suEseque@ shallbe runish;d b,,@cepr rhar,following the issuance of a civil penalty W for a first offense under 02-04-19 TC Packet Page 83 of 119 84 Town of Carbondale Ordinance No. l3-2018 Page 6 of this Section so lone as such individual docs not sell or provide Tobacco Products to a oerson under the age of 2 l. 3. If any ordinance or parts of ordinances are in conflict with the standards set forth in this ordinance, they are hereby repealed to the extent of such conflict only. 4. This Ordinance shall be effective upon posting and publication in accordance wittr the Carbondale Home Rule Charter. INTRoDUCED, READ AND pASSED rHrs ALq ov or TVIA , 20t8. I TOWN OF CARBONDALE, COLORADO a Colorado home rule municipal corporation, Dan A v Derby, Town Clerk POSTED:7s PUBLISHED: EFFECTIVE: SEAT : 02-04-19 TC Packet Page 84 of 119 85 Town of Carbondale Ordinance No. l3-2018 Page 5 this Subsection, the Munic,ipal Court in lieu of the civil penaltv f,ne may permit sentenee the person to participate in a tobacco or vaping education program. The Court may also allow such person to perform community service and be granted credit against the civil penaltv fine-*nd-eeurreests at the rate of $5.00 for each hour of work performed, for up t; 50 - percent of the civil penaltv amount. f,ne-and+eu+t-eest+ (f) For the purposes of this section. each separate incident at a different time and occasion is a violation, (g) No person.shall sellor permit the sale of Tobacco Broducts by use of a Self-ServiceDispla.v in# Tobaico Product Retailers shall ltock-and display all Tobacco. Products in a manner so as to make all such oroducts iQaccessible to customers without the assistance.of a retail cler[JherebJ reiuirine a dir."t face-to-face exchange of the Tobgcco products from an emplo]ree of thi b;-iness to the customer. Cigarettes may be sold at retail through Self-service Displavs o6ly in: ( I ) Factories, businesses, offices or other places not open to the generat public; (2) Places to which persons under the age of 2l min€r* are not permitted access at any time during the day or night; or (3) Places where the Self-Ser.v-ice Displa){ +€ndiflEflaehine is under tlre direct supervision of the owner of the establishment or an adutt employee of the owner, including but not limited to establishments holding a valid liquor license issued pursuant to Article 47 of Title 12, C.R.S. (h) Any person who sells or offers to sell any ergarettes.er Tobacco Products shalt display a warning sign as specified in this Subsection. Saicl warning sign shalt be displayed in a prominent place in +hTbtlildi€ the Tobacco Product Rptail Location at all times, shall have a minimum height of three (3) inches and a width of six (6) inches, and shall read as follows: WARNTNG IT IS ILLECAL FOR ANY PERSON UNDER 2I .l8 YEARS OF ACE TO PURCHASE CIGARETTES, A,}ID TOBACCO PRODUCTS. AND ELECTRONIC SMOKING DEVICES AND, UPON CONVICTION, A $.I+OSO FINE MAY BE IMPOSED. (i) Any violation of Subsection (h) above shall not constitute a violation of any other provision of this Section. () The Carbondale Police Department mav at its discretion conduct compliance checks. including the use of decoys. to determine compliance with this Section and with other laws applicable to Tobacco Products. (k) A person under the age of 2l who psse.sses or handles Tobacco Products as part of that individual'$ employment at a Tqbacco Product Retail Location does not commit a violation 02-04-19 TC Packet Page 85 of 119 86 1t3012019 RTICLE V - Smoking Regulations Snowmass Village, CO Municipal Code ec. 10-81 . - Declaration of policy Smoking and environmental tobacco smoke have been established to be Group A carcinogens that cause cancer in humans. Traditional smoking products and electronic cigarettes regularly contain nicotine. Nicotine is an addictive drug, It is the express policy ofthe Town Council that abstention from smoking occur in enclosed public places and in the enclosed work place. As a public policy objective, the Town Council desires that smoking not occur in enclosed public places and that the public effectuate this poliry to the greatest extent practicable. (Ord. 6-1 989 S1 ; Ord. 4-1998 51; Ord. 8-2001 51 ; Ord. 30-2001 S1; Ord. 1 5-2017 530) ec. 10-82. - Definitions. As used in this Article, the following words shall be construed to have the meanings defined below: Electronic cigarette means any electronic produd or device that employs a heating element power source, electronic circuit or other electronic, chemical or mechanical means, regardless ofshape or size, that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, orvape pen and any related device. Outdoor public place means any area located on public propertyto which the public is invited to gather, such as public parks and public recreational areas designed in whole or in part to be used by adults and/or children that have play or sports equipment or have been designated or landscaped for play or sports activities or any other similar facility located on public property and outdoor public venues for public gatherings, including the Fanny Hill event/concert area and the entireJazz Aspen Snowmass concert and food area and the Base Village plazas and lawns. Outdoor public places shall not include public roads, parking lots or other areas designated or reserved for the parking of motorized vehicles, hiking, biking, skiing or horseback riding trails, Public place means any area where the public is invited or permitted or an area that serves as a place of work. 1t402-04-19 TC Packet Page 86 of 119 87 1EO2O19 Sndmass vlllag€, CO Munlclpal Cod6 Servr?e rhe means any outdoor line at which one (1) or more persons are waiting to enter, exi! embark or disembark for or are receiving service of any kind, such as movie ticket lines, theatre Iines, concert lines, sporting event lines, food vendor lines, lift ticket lines and chairlift or gondola lift lines. Smokhs,means the combustion of any cigar, cigarette, pipe or similar article, using any form of tobacco or other combustible substance in any form, or any electronic cigarette, other than for theatrical performances by an employee ofthe establishment. (Ord.6-1989 51; Ord. 4-1998 S1;Ord.8-2001 51; Ord.30-2001 51;Ord. 19-2007 51;Ord. 15-2017 53g)) ec. 10-83. - Smoking prohibited. (a) smoking is prohibited in all enclosed public places; in those outdoor public places where members of the public, other than the person or persons who are smoking, have gathered for a public event and are closer than twenty-five (25) feet to the person who wishes to smoke; and service lines. (b) Smoking may be permitted, however, at the discretion of any organizer or sponsor of an event or activity in outdoor public places, only in specifically designated smoking-permitted areas, provided that: (1) Such places are clearly marked and delineated as such. (2) Such places are posted with signs that clearly and conspicuously recite the phrase, "This is a Smoking Permitted Area. No smoking permitted outside this area." (3) such place is no closer than fifteen (15) feet from any service line or other area where food or beverages are sold or consumed or are designated for the sale or consumption offood or beverages or are where persons are gathered for the purpose of sellin& purchasing or consuming food or beverages. (4) such place is no closer than fifteen (l 5) feet from the area where persons are gathered a! performing at or using the facilities of an outdoor public place. (Ord.6-1989 51; Ord.8-2001 51; Ord.30-2001 51;Ord. 19-2007 q2) ec. '10-84. - Signs. (a) All enclosed public places, outdoor public places and service lines shall be posted with signs thatclearly and conspicuously recite the phrase "No smoking" or use the international no-smoking symbol. The signs shall be ofsufficient numberand placed in 2t4 02-04-19 TC Packet Page 87 of 119 88 lno/2019 Snow.s Mllago, CO Municiprlcod. prominent locations to convey the message that smokinE is prohibited to the public clearly and legibly. Those enclosed public places that are used solely as places ofwork are exempt from the requirements of this Section. (b) ln any public place, outdoor public place or service line where electronically amplified music or speech or both are regularly employed as part ofthe use of such area, the organizer or promoter of the use of said area shall be required to announce, by means ofthe electronic amplification then in use, at intervals no greater than between performances and at any intermission, that "This area is designated as a smoke-free zone, where smoking is prohibited, except in the designated smokinS-permitted area5." (c) No such announcements shall be required in areas where the electronically amplified music or speech is incidental to and not a part ofthe purpose ofthe use ofthe area, (Ord. 61989 51; Ord. 8-2001 51; Ord. 30-200'1 51; Ord. 19-2007 E3) ec. 10-85. - Violation and penalty The following acts constitute violations of this Article (1) Smoking in an enclosed public place, outdoor public place or service line. (2) Failing to post signs or make the announcements as required by this Article (3) Willfully destructing or defacing signs required to be posted by this Article. (Ord. 6-1989 51; Ord. 8-2001 51; Ord. 30-2001 51; Ord. 19'2007 54) ec. 10-86. - Penalty assessment. PenaltyOffense Smoking prohibited (Sec. 1 0-83(1 ))at $50.00First offense Second offense Summons 3t402-04-19 TC Packet Page 88 of 119 89 113012019 Snowmass Village, CO Municipal Code ( ord. 15-2017 53h)) ecs. 10-87-10-100. - Reserved. 41402-04-19 TC Packet Page 89 of 119 90 Tobacco Retail Licensing Colorado does not require a license to sell tobacco products. You need a license in Colorado to sell alcohol, marijuana, and even Christmas trees in some communities but not for tobacco - the leading cause of preventable death. A license is critical for knowing who is selling tobacco products and for holding retailers accountable when they are caught selling to minors. According to the Healthy Kids Colorado Survey (20L7) in Aspen High School: . Approximately 45% of students are regular e-cigarette users. o 650/o of students think it is easy or very easy to get e-cigarettes. Federal and State laws addressing sales to minors, including the final deeming regulations from the FDA' do not "lu"f'o"rco retairers to have a ricense to seil tobacco. . suspension or revocation of ability to sell tobacco by retailers that repeatedly break tobacco-related laws. o prohibition of self-service displays of cigars and e-cigarettes. o prohibition of flavors for smokeless tobacco, cigars and e-cigarettes. A tobacco retail licensing program serves many purposes. First, it helps to identify all of the businesses selling tobacco to consumers in Snowmass. ln addition, through conditions imposed on the licensee, retailer licenses allow for better control over where tobacco can be sold and what kinds of businesses can sell tobacco products. The Town can also impose additional conditions on licenses to help ensure responsible retailing. lf a retailer sells to minors or violates other tobacco control laws, the license can be suspended or revoked in addition to (or in lieu of) enforcing the underlying violation. There are currently L2 cities and towns in the State of Colorado that require a tobacco retail license (Aspen, Avon, Basalt, Edgewater, Fountain, Golden, La Junta, Lakewood, Manitou Springs, Pueblo, Rocky Ford and Steamboat),4of which are non-cigarette licenses, and several other cities are in the process of passing a tobacco retail license. Licensing fees range from S100 to 5500. Some municipalities suspend sales of tobacco when a retailer is caught selling to a minor and others issues fines. Enforcement is largely conducted by the police department but other options of enforcement exist. 02-04-19 TC Packet Page 90 of 119 91 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 4, 2019 AGENDA ITEM: A Request from the Owners of Krabloonik to Modify the Existing Lease PRESENTED BY: Gina and Danny Philips, Owners of Krabloonik BACKGROUND: Gina and Danny Philips are requesting that the Council consider modifying the terms of their existing lease. Mr. and Mrs. Philips will be in attendance at the meeting to present their request. FINANCIAL IMPACT: The lease rate of $200 is not proposed to be modified so the direct fiscal impact is negligible. The Philips are proposing to eliminate the requirement for a restaurant which could have an impact. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: The Town Council will need to determine this. COUNCIL OPTIONS: After listening to the presentation from the Philips; 1. Direct the Town Attorney to draft any agreed upon modifications. Once drafted, the modifications can be formally considered at a future Council meeting. 2. Choose not to modify the lease STAFF RECOMMENDATION: Staff does not have a recommendation at this time. We are looking for direction from the Town Council on how to proceed. ATTACHMENTS: 1) Explanation of requests 2) Proposed lease amendments 3) Best practices update 4) Krabloonik Kennel Management Plan 5) Existing lease 02-04-19 TC Packet Page 91 of 119 92 Restaurant In regards to the restaurant and the changes in the lease. Since this lease originated between the town and the previous owner of Krabloonik many things have changed with the previous business model. At the time this lease originated the Restaurant was ski in and ski out creating a huge amount of ski in clientele. The restaurant is no longer ski in ski out. The restaurant serves minimal guests and could be used for a much bigger asset to the community and the business. We would like to be able to operate our private business in the best interest of the business and community still following all local zoning and licensing but not have the requirements of operating a restaurant. Kennel management plan We have found that many of the dogs are better off living their lives out with us as retirees. Some of them require costly medical care, some are unable to house train, and some do not like to be indoors. Some have a strong bond with their “pack” and go through separation anxiety when separated from them. We found since we designed these goals that there were many unknowns that we would learn. Adoption is always an option if it is the correct fit for that particular dog. The original Krabloonik dogs will always have a loving home at Krabloonik. Our reduction plan relied on the adoption of the older dogs over the age of ten. With our new breeding program we are raising big fluffy, healthy huskies that will be much easier to adopt at a senior age because of the difference in training and socialization. These dogs are at their oldest three years old now and will not be available for adoption for seven years. This leaves us several non-working dogs that we choose to care for and therefore our kennel numbers are higher than we anticipated although our working dog numbers are exactly where we set our goal one year early. We believe that our goal of 180 dogs total is not in the best interest of the Krabloonik sled dogs and would like to keep our maximum number at 225. Ability to purchase the land earlier than anticipated. As we have operated for five seasons we have found out that it is very hard to make improvements and changes to the property to better the business without equity. There are several complications to the business that comes with not having ownership of the property that range from business taxes to improvements. We have also experienced that the lease holder has to answer several questions about our private business and if the questions are not answered properly it effects our business immensely. Owning the property without the lease with the town would require anyone with questions to contact us directly so we can relay any and all information directly and correctly from us, the private business. We would also like to take this burden off of the town as well in the near future. We would prefer to operate as a private business within the town limits. 02-04-19 TC Packet Page 92 of 119 93 Best Practices At Krabloonik we are employing the idea of best practices, meaning we are not only meeting, but exceeding state and local regulatory requirements for operating a dogsled kennel and providing exceptional care for our sleddogs. At Krabloonik we aim for the highest standards in all aspects of our company and care of our dogs. The following are current best practices that we have implemented or are working to implement: a. “Working Pet Policy” – This means that our sleddogs receive the same care and attention as a normal pet would. Often the medical care and attention of our sleddogs at Krabloonik far exceeds that of a normal house pet. As opposed to treating our sleddogs as only ‘working dogs’, we treat them as a “working pet”. b. Spay and Neuter program- this was a program that began in 2014 with the help of the Friends of the Aspen Animal Shelter. 100 of our sleddogs to date have been spayed and neutered through this program. We plan on continuing to spay and neuter our dogs as needed to maintain a healthy and manageable kennel. c. We maintain extensive records on all of our dogs which include their name, tag number, health records, physical and personality descriptions as well as any incident reports that range from minor injuries/illness to ones requiring veterinary care. d. We provide our dogs with natural supplements, scientifically designed sleddog specific food, massage work, electrolytes, and baited water/hot soup (for hydration). We also supplement with all natural, homemade, high calorie ‘snacks’ several times per day. The snacks are made from beef fat, the highest caloric kibble, recycled restaurant scraps, electrolytes and water. e. Retirement Program- All of our sleddogs are treated with the upmost respect and love during their lifetime with us. Many of the dogs have transitioned well into the ‘free run’ area in order to get ready for adoption. If we feel that adoption would be a good fit for our retired sled dog, we will work with the local Aspen Animal Shelter and CARE as well as any other organization that would like to help adopt out our retired friends. If we feel that adoption is not a good fit for one of our dogs, then we will care for them on site as long as they are happy and healthy. f. Public Education- We feel that educating the public is part of our responsibility as kennel owners. We provide Kennel tours in order to give the public an opportunity to see the dogs, the kennel and ask questions. We train our guides and staff to be knowledgeable about the 02-04-19 TC Packet Page 93 of 119 94 dogs and their care in order to answer questions. Within the next year we plan on developing educational school programs, and summer youth/adult education programs. g. On site Care- We employ year round, onsite, 24 hours per day trained sleddog care takers. h. TOSV Animal Control- Yearly we provide the TOSV Animal Control an updated list of each dog including name, tag number, physical/personality description and rabies vaccination dates. i. Bedding- We provide fresh, dry, clean straw for bedding that is evaluated on a daily basis and replaced as needed. j. Euthanasia- We feel that our dogs deserve the upmost respect for the duration of their lifetime. In the event that one of our dogs is no longer happy, healthy and pain free we will consult with our local veterinarian. In the event that the decision is made to end their lives, we will have them peacefully euthanized by the veterinarian. k. Breeding- To maintain the longetiviy of the kennel we will do yearly breedings based on the needs to replace retired or adopted sleddogs ,while still maintaining a manageable number of dogs. We are currently breeding larger, longer haired, traditional sleddogs that will allow us to eventually have a lower number of dogs needed to operate the business. The future business model will accommodate fewer dogs needed per guest, therefore lowering the number of dogs needed to operate the business. This is a long term plan based on current breeding practices, adoption of retired dogs as appropriate for each individual dog, and caring for the retired, unadoptable dogs for the remainder of their lives. l. Housing- At this time we are using igloo houses lined with straw. We feel that this housing is currently working, and are always looking for improvement. We currently have indoor housing available for any of our dogs that would need to come indoors for various reasons. m. Tethering- Tethering allows each individual dog to safely interact with one another by touching, playing and resolving conflict while still maintaining their own individual space. Mushers and guests are able to interact with each sleddog individually in the dogs own space. It is important for the sleddogs to be in a wide open area, highly visible for each sleddog caretaker to notice any changes in behavior, appetite or inactiveness. Tethering allows sleddog kennels to individualize each dog in order to monitor eating habits, drinking, behavior, illness and stool health. A humane tethering practice along with an excellent off tether program ensures each individual sleddog is treated as an individual and all of their needs are met. n. Transparency- We invite an open communication with the public. While we have attempted to cover all questions in this packet, we do realize that there will always be 02-04-19 TC Packet Page 94 of 119 95 questions, concerns and suggestions. Our responsibility to the public is to answer these questions knowledgably, honestly and with empathy. 02-04-19 TC Packet Page 95 of 119 96 Krabloonik Kennel Management Plan a. Krabloonik has a long-term plan of reducing the number of sled dogs at the kennel. b. Krabloonik is committed to developing an adoption plan and process that works for the eligible retired dogs. c. If it is determined that a retired dog is ‘not eligible’ for adoption we are committed to care for those dogs for the remainder of their life. d. A training process is in place to work with the retired sled dogs to help determine eligibility for adoption and if determined eligible, to transition them into an adoptive home. e. Krabloonik is constantly working to improve the business in order to offer multiple experiences for guests to enjoy that will in the long run require fewer dogs to operate. f. The current breeding practices of larger, more traditional, heavier coated sled dogs is in place in order to achieve a longer-term plan to reduce the size of the kennel. g. Krabloonik Kennels will continue our spay and neuter program in order to operate with a high number of altered dogs to prevent accidental breeding. h. Krabloonik is consistently developing a successful adoption program. i. Krabloonik will keep the numbers of births each year low and manageable while still creating a sustainable future kennel. j. In the event of a large litter of sled dogs born at Krabloonik, some pups may be adopted out with the help of the Aspen Animal Shelter or other local shelters. k. Krabloonik is striving at all times to stand out as a forerunner of a modern, professional and ever evolving kennel continuing to set the bar for all racing, touring and professional kennels to learn from. l. Krabloonik will race professionally showing a modern, holistic approach to sled dog training. m. Krabloonik does currently and will continue to work with our retired sled dogs to be successful in their next phase of life. Our sled dogs are our passion and our love and devotion to them does currently and will continue on throughout their retirement years. We continually go the extra mile to provide the training and education it takes for our working sled dogs to retire peacefully either at their home in the kennel or in an adoptive home. Our commitment to all of these dogs from birth to retirement is to take care of them and do the best for each individual dog, as an individual. Adoption is an excellent fit for some of the dogs, but for the dogs that adoption is not a good fit will continue to live in their home at the kennel. Feeding, Housing and Modern Care Plan 1) Feeding/Hydration a. Krabloonik commits to feeding the sled dogs high calorie, sled dog appropriate and professionally developed kibble. b. In addition, continued feedings of frozen kibble mixed with fats, meats and supplements fed throughout the day. 02-04-19 TC Packet Page 96 of 119 97 c. Additional night snacking will be implemented as needed. d. Hydration is key in sled dog nutrition. In addition to clean, fresh water available at all times, a hot broth filled with supplements and fat will be provided to the sled dogs as needed as often as needed. 2) Housing/Weather a. We have currently modernized the housing for the sled dogs. Our commitment is to continually evaluate the condition of the housing and improve as needed based on what works and availability of options. b. Dry bedding will be offered year-round. c. Sled dogs will be sheltered if struggling with low temperatures, illness or due to injury etc. d. New housing will continue to accommodate the current “porch” system for proper shad in the summer season. e. Shade cloths are currently being used in the summer season to provide more shade. This system will also continually be modified as we evaluate what is working and availabity of options. f. A system of misting the dogs in the summer months is currently in use and will continue in the future. 3) Medical Care a. Krabloonik will be supported by a local vet. b. Krabloonik will continue to research and educate ourselves on the most proven techniques of sled dog care. c. All minor to major injuries or illness will be documented and on record for future inquiries. d. All sled dogs will have a tag with a number and a corresponding file. e. In the event that a sled dog is no longer able to live a happy and healthy life we will have the sled dogs euthanized peacefully by our kind and compassionate team of Veterinarians on site in their own environment if possible. 4) Off Season Exercise a. Krabloonik will continue with the off-season exercise program. We will strive to increase time off tether as the program develops. We are currently meeting state standards and always striving to exceed those standards. We have learned that the sled dogs love to free run and it has proven to work as a great training experience for the sled dogs. We will continue development of ways to decrease the tether time and increase off tether time as it is appropriate for each dog individually. b. Krabloonik will staff year-round trained sled dog care takers living on site. c. Krabloonik’s Mission is to continually develop and institute new and modernized standards of sled dog care. 02-04-19 TC Packet Page 97 of 119 98 Our devotion to our sled dogs and the life that comes with it has shown and will continue to show as we strive to continue evolving as a modern dog sledding kennel that stands out and pioneers the training and care of our K-9 athletes. 02-04-19 TC Packet Page 98 of 119 99 REVISED and AMENDED KRABLOONIK LEASE AND OPTION THIS REVISED AND AMENDED LEASE (the "Lease") is effective the / 91- day of June, 2015 between the TOWN OF SNOWMASS VILLAGE, a Colorado home-rule municipality ("Landlord"), whose address is P.O. Box 5010, Snowmass Village, CO 81615 and KRABLOONIK, Inc., a Colorado corporation, whose address is P.O. Box 5517, Snowmass Village, CO 81615 ("Tenant"). WITNESSETH THAT,Landlord does hereby lease to the Tenant and the Tenant does hereby rent from the Landlord the Premises and Inclusions described below. TO HAVE AND TO HOLD for the term and at the rental and upon the conditions and covenants hereinafter set forth. 1. TERM AND RENEWAL. This Lease shall supersede and replace the prior Krablo nik Lease and Option dated September 25, 2006 and shall commence on June , 2015 and shall expire on September 25, 2026 or on a later or earlier date as this Lease may terminate or be extended as provided below. 2. PREMISES AND INCLUSIONS. The Premises consist of Lots 45 and 51, The Divide Subdivision, according to the First Amended Plat of Lots 42, 45 and 47 of The Divide Subdivision(the "Amended Plat")thereof recorded September 25, 2006 as Reception No. 528952 of the Pitkin County records. The Inclusions consist of all improvements on the Premises and all fixtures and equipment located upon or within the improvements. 3. USE. Tenant shall not occupy or use the Premises or any part thereof,nor permit or suffer the same to be occupied or used for any purpose except as a restaurant and sled dog kennel similar in scope and nature to the current operation,known and referred to as"Krabloonik Restaurant" and "Krabloonik Kennels." Consistent with past operations, the Krabloonik Restaurant shall be open for dinner business at least one hundred(100)days during each ski season. Except where prevented by weather or other circumstances beyond the control of Tenant, the Krabloonik Kennels dog sled operation shall be open for business at least one hundred(100) days during each ski season and will not operate during the summer season. The extent of the operation of the Krabloonik Restaurant during the summer months shall be determined by Tenant, in its sole discretion. 4. RENT. Tenant has paid Landlord the rent for the entire Lease Term the amount of 200.00. 5. EXPENSES. a. Tenant shall pay all expenses relating to utility services provided to or for the Premises during the term of the Lease. Tenant shall pay such utility 02-04-19 TC Packet Page 99 of 119 100 Revised and Amended Krabloonik Lease and Option Page 2 of 12 charges in a timely fashion and shall not permit any liens to be asserted or filed against the Premises. Tenant shall be solely responsible for posting any deposits required by utility providers and for paying any service initiation fees. b. Tenant shall reimburse Landlord for all real estate taxes assessed to the Premises. The parties anticipate that the Premises will be exempt from real estate taxes since it is owned by a municipality, but that Tenant will be responsible for the payment of property taxes based upon its personal property and/or leasehold improvements. Tenant shall also reimburse Landlord for the cost incurred by Landlord for its casualty and liability insurance for the Premises. At such time as Landlord is able to determine the amount of real estate taxes and insurance reimbursement for which Tenant is responsible, Landlord shall provide Tenant with a statement of such expenses. Tenant shall provide payment of the amount due within thirty (30) days following receipt of such a statement. The obligation to reimburse Landlord for real estate taxes and insurance expenses shall survive the expiration of the term of this Lease and shall be considered additional rent and the failure to pay such additional rent within the time provided above shall be considered a default of this Lease. 6. INSURANCE. a. Tenant, at Tenant's expense, shall obtain and keep in full force for the benefit of the Landlord, during the term hereof, general public liability insurance, insuring the Landlord against any and all liability or claims of liability arising out of, occasioned by or resulting from any accident in or about the Premises, for injuries to any person or persons. The policy shall be written on an occurrence basis and contain coverage at least as broad as that provided under the then most current Insurance Services Office(ISO)commercial general liability insurance form which provides the broadest coverage. Each policy shall specifically include the Premises and all areas, including sidewalks, adjoining or appurtenant to the Premises. The insurance coverage shall be in an initial amount of not less than $1 million per occurrence limit, $1 million general aggregate limit, $1 million personal and advertising limit, and $1 million products/completed operations limit, which coverage limits may be effected with umbrella coverage. b. The policy or policies of insurance shall be delivered to the Landlord, together with evidence of the payment of the premiums therefore, not less than thirty (30) days after commencement of the term hereof or of the date when the Tenant shall enter into possession, whichever occurs sooner. At least fifteen (15) days prior to the expiration or termination date of any policy,the Tenant shall deliver a renewal or replacement policy with proof of payment of the premium thereof. c. The Tenant also agrees to and shall save, hold and keep harmless and indemnify the Landlord from and for any and all payments, expenses, costs, attorney fees 02-04-19 TC Packet Page 100 of 119 101 Revised and Amended Krabloonik Lease and Option Page 3 of 12 and from and for any and all claims and liability for losses or damage to property or injuries to persons (collectively, "Claims") occasioned wholly or in part by or resulting from any acts or omissions by the Tenant or the Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors, or for any cause or reason whatsoever arising out of or by reason of the occupancy by the Tenant and the conduct of the Tenant's business. d. The Tenant waives all rights of recovery against the Landlord or Landlord's agents, employees or other representatives, for any loss, damages or injury of any nature whatsoever to property or persons for which the Tenant is insured. The Tenant shall obtain from the Tenant's insurance carriers and will deliver to the Landlord, waivers of the subrogation rights under the respective policies. Landlord shall be named as an additional insured under all policies of insurance called for herein. 7. ASSIGNMENT. Except as provided below, there shall be no assigning of this Lease, or subleasing of any part of the leased property without the specific written consent of the Landlord. After June 1, 2025, Tenant may assign this Lease to a qualified operator of the Krabloonik Restaurant and dog sled business upon the consent of Landlord, which consent shall not be unreasonably withheld. 8. MAINTENANCE AND REPAIRS. The Tenant has examined the Premises and the Inclusions and has entered into this Lease without any representation on the part of the Landlord as to the condition thereof. Tenant is relying upon its own inquiry as to applicable zoning and other land use regulations, if any, governing the permitted uses of the Premises. In addition to the obligations described above, Tenant shall take good care of the Premises and Inclusions and shall, at the Tenant's own cost and expense, make all repairs, including painting and decorating, and shall maintain the Premises and Inclusions in good condition and state of repair, and at the end or other expiration of the term hereof; shall deliver up the Premises and Inclusions in good order and condition, ordinary wear and tear from a reasonable use thereof, and damage by the elements not resulting from the neglect or fault of the Tenant, excepted. The Tenant shall neither encumber nor obstruct the sidewalks, driveways, yards, entrances and stairs, but shall keep and maintain the same in a clean condition, free from debris, trash and refuse. In addition, Tenant shall be responsible, at its expense, to plow snow from the parking lot to be constructed on Lot 51 of the Divide Subdivision, as needed, in order for the parking lot to provide vehicle parking for permitted day skiers when the Campground Lift is in operation in addition to patrons of the Krabloonik Restaurant and Krabloonik Kennels. In case of destruction of, or any damage to the glass in the Premises, or the destruction of, or damage of any kind whatsoever to the Premises or Inclusions, caused by the carelessness, negligence or improper conduct on the part of the Tenant or the Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors, or any cause not directly attributable to the neglect of Landlord,the 02-04-19 TC Packet Page 101 of 119 102 Revised and Amended Krabloonik Lease and Option Page 4 of 12 Tenant shall repair the said damage or replace or restore any destroyed parts of the Premises, as speedily as possible, at the Tenant's own cost and expense. 9. ALTERATIONS. Subject to the terms and conditions of prior land use approvals, including the Divide PUD Approval, Ordinance No. 13, Series of 2004, and the provisions of the Amended Plat, Tenant may alter, improve, install fixtures upon or expand the Krabloonik Restaurant and structures utilized in the sled dog kennel operation, including the construction of an additional dwelling unit for an employee of the Krabloonik Restaurant and/or dog sled operation without Landlord's consent. Unless otherwise provided by separate written agreement of the parties, all such alterations, additions or improvements when made, installed in or attached to the said Premises, shall belong to and become the property of the Landlord and shall be surrendered with the Premises as part thereof upon the expiration or sooner termination of this Lease. All work with respect to any permitted alterations, additions, or improvements shall be done at Tenant's sole expense in a good and workmanlike manner, strictly in accordance with the plans and specifications approved by Landlord. Tenant shall, at its own expense, obtain all necessary building or other permits or approvals required by appropriate governmental authorities prior to beginning such work. If any mechanics' or other liens shall be created or filed against the leased Premises by reason of labor performed or materials furnished for the Tenant in the alteration, addition or repair to any building or improvement,the Tenant shall within ten (10) days thereafter, at the Tenant's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any Notices of Intention that may have been filed. Failure to do so shall entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Lease, or to remove or discharge of record any lien or liens together with any Notices of Intention at Tenant's sole cost and expense, in addition to such as are permitted by law. Any goods, inventory, or other personal property of Tenant not affixed to the Premises and not removed by Tenant upon termination of this Lease, or upon any quitting, vacating or abandonment of the Premises by the Tenant, or upon the Tenant's eviction, shall be considered abandoned and Landlord shall have the right, without any notice to the Tenant,to sell or otherwise dispose of the same, at the expense of the Tenant, and shall not be accountable to the Tenant for any part of the proceeds of such sale, if any. 10. BEST PRACTICES. Tenant has been and will continue to adhere to the Best Practices described on Exhibit A, as the same may be modified, clarified or amended by mutual consent, which will not be unreasonably withheld by either Party. In the event that Tenant exercises the option to purchase the Premises and Inclusions pursuant to Section 16 of the Lease resulting in its termination, the obligation to adhere to the Best Practices as they exist on the date of conveyance of the Premises and Inclusions, and the operation of the Best Practices Review Committee pursuant to Section 11 of the Lease, shall survive such conveyance as a covenant running with title to the Premises. The parties, including successors, shall execute and record an appropriate instrument memorializing such covenant at the 02-04-19 TC Packet Page 102 of 119 103 Revised and Amended Krabloonik Lease and Option Page 5 of 12 closing of the conveyance of the Premises from the Landlord to the Tenant, or its successors or assigns. 11. BEST PRACTICES REVIEW COMMITTEE. The Landlord and Tenant shall establish a Best Practices Review Committee (the "BPRC") comprised of six members. The members of the BPRC shall either be residents of the Town of Snowmass Village or shall be residents of the Roaring Fork Valley who are knowledgeable and experienced in the care and treatment of dogs. The owners of the Krabloonik, Inc. shall not be members of the BPRC. The Landlord shall select three members and Tenant shall select three members of the BPRC and both Landlord and Tenant shall select committee members with the intent to create a fair and balanced committee. a. No less than quarterly, the members of the BPRC, either collectively or individually, shall inspect and review the operation of the Krabloonik Kennels to determine the extent to which Tenant is complying with the Best Practices. The BPRC shall annually prepare a report on Best Practices compliance which shall be addressed to the Town Manager and distributed to the Town Council. The annual report may include suggestions for modifications or clarifications to the Best Practices. b. In addition, the BPRC may submit reports to the Town Manager describing any circumstances or events which the BPRC believes violate the Best Practices or jeopardize the health, safety or well-being of the Krabloonik sled dogs. The Town Manager shall review the annual report and any other reports provided by the BPRC with the Tenant within a reasonable time after receipt. Based upon such reports, Landlord and Tenant shall periodically evaluate, in good faith,the need to modify or clarify the Best Practices for the purpose of implementing reasonable measures to improve the quality of life of the Krabloonik sled dogs. 12. PACFA RULES AND REGULATIONS. At all times during the term of this Lease, and any extensions, Tenant shall comply with the licensing requirements and the rules and regulations of the Pet Animal Care Facilities Act, as the same may be amended. 13. DISPOSAL OF DOG WASTE. Dog waste will be collected on a daily basis,placed in heavy duty plastic bags or other suitable containers and either(i) deposited in the dumpster located Lot 44 of the Divide Subdivision which is shared with the Aspen Skiing Company for subsequent transfer to the Pitkin County Landfill no less often than weekly, or(ii) hauled directly to the Pitkin County Landfill on a daily basis. Tenant shall insure that the contents of the shared dumpster shall be collected at least weekly for transfer to the Pitkin County Landfill. Dog waste shall not be allowed to accumulate or be stored on the Premises. Subject to Landlord's approval, which shall not be unreasonably withheld, dog waste which is placed in heavy duty 02-04-19 TC Packet Page 103 of 119 104 Revised and Amended Krabloonik Lease and Option Page 6 of 12 plastic bags or other suitable containers may be deposited in a dumpster to be located on Lot 51 for subsequent transfer to the Pitkin County Landfill no less often than weekly. 14. RECEIVER AGREEMENT. The parties acknowledge and agree that, as long as the financial obligations of Daniel and Regina Phillips to Dan MacEachen are secured by a pledge of stock in Krabloonik, Inc., or other security which includes a pledge of this Lease, that the Receiver Agreement between Dan MacEachen and the Town of Snowmass Village, which has been executed contemporaneously with this Amendment and is attached as Exhibit B, shall remain in full force and effect. 15. NUMBER OF SLED DOGS. The provisions of Town of Snowmass Village Zoning or Land Use Regulations to the contrary,notwithstanding, the number of sled dogs residing on the Leased Premises shall not exceed 225 dogs for the first year of this Lease and shall be reduced according to the Adoption and Reduction Plan Section of the Best Practices Plan that is attached as Exhibit"A" such that on April 30, 2020 and carrying forward from that date forward the number of sled dogs will not exceed 175. Further, in the event Tenants exercise the Purchase Option, they agree to include this limit on the numbers of dogs in the covenant for Best Practices included in Section 10 of this Lease. 16. PURCHASE AND LEASE EXTENSION OPTIONS. a. Provided that Tenant, by and through its stock holders and operators, Daniel and Regina Phillips, have continuously operated the Krabloonik Restaurant and Kennels pursuant to this Lease until June 1, 2025, Tenant will have the option the "Purchase Option") during the remaining term of the Lease (the "Purchase Option Period")to purchase Lot 45 of the Divide Subdivision and all improvements located thereon from the Landlord. The "Option Price" is 2,300, 000.00 plus the increase, if any, in the Boulder, Colorado Consumer Price Index or three percent(3%) annually, whichever is lower, from September 26, 2006 to the date that the Option is exercised. During the Option Period, Tenant may exercise the Option by providing written notice of election("Notice of Election")to the Landlord and by tendering the Option Price within ninety 90) days thereafter. Upon tender of the Option Price, Landlord shall convey Lot 45 to Tenant, or its assigns, by special warranty deed, free and clear of monetary liens and subject only to those encumbrances and title exceptions of record as of the date of this Lease and any further covenants and encumbrances that are provided for upon purchase herein. b. Further provided that Tenant, by and through its stock holders and operators, Daniel and Regina Phillips, have continuously operated the Krabloonik Restaurant and Kennels pursuant to this Lease until June 1, 2025, Tenant will have the option(the "Extension Option") during the remaining term of the 02-04-19 TC Packet Page 104 of 119 105 Revised and Amended Krabloonik Lease and Option Page 7 of 12 Lease (the "Extension Option Period")to extend the Lease for a period of ten 10) years upon the same terms and conditions as set forth in the Lease,this Amendment and any subsequent amendments. Tenant shall provide written notice to the Landlord of its intent to extend the Lease no later than June 1, 2024 and pay all rent due for the extension on said date. If Tenant elects to extend the term of the Lease, the option to purchase as set forth in this Section of the Lease shall be extended for ten(10) years as well. c. Lastly, Landlord and Tenant may further extend this Lease for two (2) subsequent terms of ten(10)years each upon the same terms and conditions as set forth in the Lease, this Amendment and any subsequent amendments herein by mutual written consent. Tenant shall provide written notice to the Landlord of its intent to extend the Lease for the first extension provided in this Subsection no later than June 1, 2034 and should the extension be mutually agreed upon by Landlord and Tenant, the term of the Lease shall run until June 1, 2045 and Tenant shall pay all rent due for the extension on the date such written mutual consent is executed. Tenant shall provide written notice to the Landlord of its intent to extend the Lease for the second extension provided in this Subsection no later than June 1, 2044 and should the extension be mutually agreed upon by Landlord and Tenant, the term of the Lease shall run until June 1, 2055 and Tenant shall pay all rent due for the extension on the date such written mutual consent is executed. 17. COMPLIANCE WITH LAW. The Tenant shall promptly comply with all laws, ordinances, rules, regulations, requirements, and directives of the federal, state, and municipal governments or public authorities and of all their departments, bureaus and subdivisions, applicable to and affecting the said Premises,their use and occupancy, and, in particular, the requirements of Ordinance No. 13, Series of 2004 including any amendments thereto or modifications thereof), and the provisions of the Amended Plat and shall promptly comply with all orders, regulations, requirements and directives of the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said Premises and its contents, for the prevention of fire or other casualty, damage or injury, all at Tenant's own cost and expense. Tenant shall not use the Premises for any purposes deemed unlawful, disreputable, or extra hazardous. 18. CASUALTY. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the Premises shall be partially damaged by fire,the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render them untenantable,then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. In no event, however,shall 02-04-19 TC Packet Page 105 of 119 106 Revised and Amended Krabloonik Lease and Option Page 8 of 12 the provisions of this clause become effective or be applicable if the fire or other casualty and damage shall be the result of carelessness,negligence or improper conduct of the Tenant or Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case,the Tenant's liability for payment of rent and the performance of all the covenants and conditions and terms hereof on the Tenant's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement. 19. INSPECTION AND REPAIR OF PREMISES. The Tenant agrees that the Landlord and the Landlord's agents, employees or other representatives, shall have the right to enter into and upon the said Premises or any part thereof, at all reasonable hours, for the purpose of examining the same or making such repairs or alterations therein as maybe necessary for the safety and preservation thereof. This clause shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part of the Landlord to make such inspection or repairs. Tenant expressly waives and releases any claim, demand, or cause of action it might have by reason of any inconvenience, annoyance to Tenant, his guests, licensees, or invitees arising from any maintenance, alteration or repair to any portion of the Premises, the building in which it is located, or the property upon which it is situated. Tenant grants to Landlord the right to temporarily discontinue utilities or any of them at any such time or times as may be necessary by reason of any such maintenance work, alteration or repair. In the event Landlord makes repairs to the Premises, where such repairs are necessitated by circumstances other than Tenant's negligence or willful acts or omissions, such repairs shall be performed as diligently as possible so as to cause a minimum of interference with Tenant's use and enjoyment of the Premises. 20. REIMBURSEMENT. If the Tenant shall fail or refuse to comply with or perform any conditions or covenants of this Lease, the Landlord may, if the Landlord so elects, carry out and perform such conditions or covenants, at the cost and expense of the Tenant, which cost and expense shall be payable to Landlord on demand as additional rent. This remedy shall be in addition to such other remedies as the Landlord may have under this Lease. 21. DEFAULT a. If there should occur any default on the part of the Tenant in the performance of any conditions or covenants herein contained, or if, during the term hereof, the Premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or 02-04-19 TC Packet Page 106 of 119 107 Revised and Amended Krabloonik Lease and Option Page 9 of 12 as may be permitted by law, may either by force or otherwise, without being liable for prosecution therefor, or for damages, and whether or not this Lease has been terminated, re-enter the said Premises and again possess the same; and as agent for the Tenant or otherwise, re-let the Premises and receive the rents therefor and apply the same, first to the payment of such expenses,reasonable attorneys' fees and costs, as the Landlord may have incurred in reentering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees, and costs; the same to be paid as such deficiencies arise and are ascertained each month. b. Upon any default, or if Tenant be adjudicated a bankrupt, insolvent or placed in receivership, or should proceedings be instituted by or against the Tenant for bankruptcy, insolvency,receivership, agreement of composition or assignment for the benefit of creditors, or if this Lease or the estate of the Tenant hereunder shall pass to another by virtue of any court proceedings, writ of execution, levy sale, death of Tenant, or by operation of law,the Landlord may, if the Landlord so elects, at any time thereafter, terminate this Lease, upon giving to the Tenant or to any trustee, receiver, assignee, personal representative, or other person in charge of or acting as custodian of the assets or property of the Tenant, fifteen 15) days notice in writing, of the Landlord's intention to do so. Upon the giving of such notice,this Lease and the term here-of shall end on the date fixed in such notice as if the said date was the date originally fixed in this Lease for the expiration hereof; and the Landlord shall have the right to remove all persons, goods, fixtures and chattels therefrom, by force or otherwise, without liability for damages. Provided, however, during said fifteen(15) day period, Tenant shall be entitled to cure any default for which Landlord has issued notice, and if such default is cured within the fifteen(15) day period, Landlord shall not be entitled to terminate this Lease. Furthermore, should a default exist which requires more than fifteen (15) days to cure,with the exception of default in the payment of rent or the maintenance of required insurance, Tenant shall within said fifteen day period, provide Landlord with a written plan to cure said default in such a reasonable additional period of time within which to effect such cure so long as Tenant diligently, continuously and in good faith executes such plan to cure such default at the earliest possible time. c. No right of redemption shall be exercised under any present or future law of the State of Colorado, in case the Tenant shall be dispossessed for any cause,or if the Landlord shall, in any other manner, obtain possession of the Premises in consequence of the violation of any of the covenants and agreements of the Tenant. To the extent that statutorily required three (3) day demand for possession or payment of rent may be deemed a right of redemption, the right of 02-04-19 TC Packet Page 107 of 119 108 Revised and Amended Krabloonik Lease and Option Page 10 of 12 Tenant to pay rent and cure a default in the payment of rent hereunder shall not be deemed waived by this paragraph. d. With the exception of Tenant's failure to pay rent as required herein, for which no notice or demand is required, Tenant shall not be deemed to be in default unless and until Landlord has issued a written notice of default to Tenant in accordance with the terms of this Lease Agreement. 22. ATTORNEY'S FEES. Tenant shall pay, upon demand, reasonable attorneys' fees and all other expenses incurred by the Landlord in enforcing any provision of this Lease, or in any action or proceeding by reason of a default under this Lease or incurred by reason of any action to which Landlord shall be made a party because of this Lease, all of which may be awarded to Landlord as part of any such action or proceeding. In the event of any litigation between the parties surrounding the enforcement of any term or condition of this Lease,the party ultimately prevailing therein shall be entitled to recover all reasonable costs and attorneys' fees. In the event of any such litigation between the parties,the parties agree to waive the right to request a jury trial. 23. LANDLORD NOT LIABLE. The Landlord shall not be liable for any damage or injury which may be sustained by the Tenant or any other person as a consequence of the failure, leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts or the like, or of the electrical, gas,power, conveyor, refrigerator, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any other Tenant or this or any other Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or attributable to any interference with, interruption of, or failure, beyond the control of the Landlord, of any service to be furnished or supplied by the Landlord, except as a consequence of Landlord's actual negligence. 24. QUIET ENJOYMENT. Subject to the terms of this Lease, Landlord covenants and represents that the Landlord is the owner of the Premises herein leased and has the right and authority to enter into, execute and deliver this Lease; and does further covenant that the Tenant, on paying the rent and performing the conditions and covenants herein contained, may peaceably and quietly have, hold and enjoy the leased Premises for the term aforementioned. 25. CUMULATIVE REMEDIES. The various rights,remedies, options and elections of the Landlord, expressed herein, are cumulative, and the failure of the Landlord to enforce strict performance by the Tenant of the conditions and covenants of this Lease or to exercise any election or option or to resort or have recourse to any remedy herein conferred or the acceptance by the Landlord of any installment or 02-04-19 TC Packet Page 108 of 119 109 Revised and Amended Krabloonik Lease and Option Page 11 of 12 rent after any breach by the Tenant, in any one or more instances, shall not be construed or deemed to be a waiver or a relinquishment. 26. SEVERABILITY. The terms, conditions, covenants and provisions of this Lease shall be deemed to be severable. If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction of by operation of any applicable law, it shall not affect the validity of any other clause or provision herein, but such other clauses or provisions shall remain in full force and effect. 27.NOTICES. All notices required under the terms of this Lease shall be given in person or by mailing such notices by certified or registered mail, return receipt requested, to the address of the parties shown at the beginning of this Lease, or to such other address as may be designated in writing, which notice of change of address shall be given in the same manner. If not sooner received, any notice given by mail shall conclusively be deemed received three (3) days after the date of certification or registration. 28. ENTIRE LEASE. This Lease contains the entire contract between the parties. No representative, agent or employee of the Landlord has been authorized to make any representations or promises with reference to the within letting or to vary, alter or modify the terms hereof. No additions, changes or modifications, renewals or extensions hereof shall be binding unless reduced to writing and signed by the Landlord and the Tenant. 29. REFERENCES. In all references herein to any parties,persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. 30. BINDING EFFECT. All terms, covenants and conditions herein contained shall be for and shall inure to the benefit of and shall bind the respective parties hereto, and their heirs, executors, administrators, personal or legal representatives, successors and assigns respectively; provided, however,the term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the owner of the building in which the Premises is located and, in the event of any transfer of such interest, Landlord herein named shall be automatically freed and relieved from and after the date of such transfer or conveyance of all liability with respect to performance of any covenants or obligations thereafter to be performed under this Lease, it being intended hereby that the covenants and obligations of Landlord contained in this Lease or provided by law shall be binding on Landlord, its successors and assigns, only during and with respect to their respective successive periods of ownership. This Space Intentionally Left Blank. Signatures on the Following Page.] 02-04-19 TC Packet Page 109 of 119 110 Revised and Amended Krabloonik Lease and Option Page 12 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year set forth below. LANDLORD: TENANT: TOWN OF ' '01,7 I VILLAGE Krabloonik, Inc. By: i1G By: C -?J- rL._l . Title: 7A/i,/Title: tII , wag Date: 4/1 S Date: (_Q/3/ 2-0 02-04-19 TC Packet Page 110 of 119 111 EXHIBIT"A"-REVISED and AMENDED KRABLOONIK LEASE AND OPTION Krabloonik Best Practices Plan Section 1.—General Policies At Krabloonik we are employing the idea of best practices,meaning we are not only meeting,but exceeding state and local regulatory requirements for operating a dogsled kennel and providing exceptional care for our sleddogs At Krabloonik we aim for the highest standards in all aspects of our company and care of our dogs The following are current best practices that we have implemented Working Pet Policy"—This means that our sleddogs receive the same care and attention as a normal pet would. Often the medical care and attention of our sleddogs at Krabloonik far exceeds that of a normal house pet As opposed to treating our sleddogs as only'working dogs', we treat them as a"working pet". Spay and Neuter program-This was a program that began in 2014 with the help of the Friends of the Aspen Animal Shelter 100 of our sleddogs to date have been spayed and neutered through this program We plan on continuing to spay and neuter our dogs as needed to maintain a healthy and manageable kennel. We maintain extensive records on all of our dogs which include their name,tag number,health records,physical and personality descriptions as well as any incident reports that range from minor injuries/illness to ones requiring veterinary care We provide our dogs with natural supplements,scientifically designed sleddog specific food, massage work,electrolytes,and baited water/hot soup(for hydration) We also supplement with all natural,homemade,high calorie'snacks'several times per day The snacks are made from beef fat,the highest caloric kibble,recycled restaurant scraps,electrolytes and water Retirement Program-All of our sleddogs are treated with the upmost respect and love during their lifetime with us. Many of the dogs have transitioned well into the'free run'area in order to get ready for adoption If we feel that adoption would be a good fit for our retired sled dog, we will work with the local Aspen Animal Shelter and CARE as well as any other organization that would like to help adopt out our retired friends If we feel that adoption is not a good fit for one of our dogs,then we will care for them on site as long as they are happy and healthy. Public Education-We feel that educating the public is part of our responsibility as kennel owners We have implemented an'open door'policy and kennel tours in order to give the public an opportunity to see the dogs,the kennel and ask questions We train our guides and 1IPage02-04-19 TC PacketPage 111 of 119 112 restaurant staff to be knowledgeable about the dogs and their care in order to answer questions Within the next year we plan on developing educational school programs, and summer youth/adult education programs. On-site Care-We employ year round, on-site, 24 hours per day trained sleddog care takers. TOSV Animal Control-Yearly we provide the TOSV Animal Control an updated list of each dog including name, tag number, physical/personality description and rabies vaccination dates Bedding-We provide fresh, dry, clean straw for bedding that is evaluated on a daily basis and replaced as needed Euthanasia- We feel that our dogs deserve the upmost respect for the duration of their lifetime. In the event that one of our dogs is no longer happy, healthy and pain free we will consult with our local veterinarian In the event that the decision is made to end their lives, we will have them peacefully euthanized by the veterinarian Breeding- To maintain the longetiviy of the kennel we will do yearly breedings based on the needs to replace retired, adopted (short haired) sleddogs while still maintaining a manageable number of dogs between 175-225 which number will slowly ratchet down over the next fivew years to the target number of dogs of 175 in 2021. Our goal is to breed larger, longer haired, traditional sleddogs that will allow us to have a lower number of dogs needed to operate the business The future business model will accommodate fewer dogs needed per guest, therefore lowering the number of dogs needed to operate the business. Housing- At this time we feel that the current houses with the straw bedding for insulation is adequate, yet we are looking into alternative housing options that would last longer and be more comfortable for our dogs We currently have indoor housing available for any of our dogs that would need to come indoors for various reasons Tethering- Tethering allows each individual dog to safely interact with one another by touching, playing and resolving conflict while still maintaining their own individual space. Mushers and guests are able to interact with each sleddog individually in the dogs own space It is important for the sleddogs to be in a wide open area, highly visible for each sleddog caretaker to notice any changes in behavior, appetite or inactiveness. Tethering allows sleddog kennels to individualize each dog in order to monitor eating habits, drinking, behavior, illness and stool health. A humane tethering practice along with an excellent off tether program ensures each individual sleddog is treated as an individual and all of their needs are met Transparency- We invite an open communication with the public. While we have attempted to cover all questions in this packet,we do realize that there will always be questions, concerns 2IPage 02-04-19 TC Packet Page 112 of 119 113 and suggestions. Our responsibility to the public is to answer these questions knowledgably, honestly and with empathy Section 2. -Krabloonik Adoption and Reduction Plan Krabloonik has a long term plan of reducing the numbers of sled dogs at the kennel. Krabloonik will be adopting out to GOOD HOMES all sled dogs over the age of 10 Krabloonik will be adopting out younger dogs without thick heavy coats. A training plan is in effect to help transition sled dogs up for adoption to be successful in forever homes. Krabloonik is working on a business plan to offer multiple experiences that will require fewer dogs to operate The future of Krabloonik sled dogs will be larger more traditional sled dogs that will require fewer dogs per team Krabloonik Kennels will continue to spay and Neuter operating with a high number of altered dogs to avoid accidental breeding's Krabloonik will develop a self-funded successful adoption plan. Krabloonik will keep the numbers of births each year low and manageable while still creating a sustainable future kennel In the event of a large litter of sled dogs born at Krabloonik, some pups may be adopted out with the help of the Aspen Animal Shelter The new Krabloonik will stand out as a forerunner of a modern, elite professional training kennel setting the bar for all racing,touring and professional kennels to learn from. Krabloonik will race professionally showing a modern holistic approach to dog sled training Krabloonik sled dogs that exceed the athletic abilities or social skills will be transferred into the racing world where they would be fit for that environment. Keeping touring dogs traditional and slower, for the safest experiences for our guests Krabloonik will strive to help each retiring sled dog be successful in their next phase of life Our sled dogs are our passion and our love and devotion to them will continue into their retirement years. We will go the extra mile to provide the training and education it takes for our working sled dogs to retire peacefully into a caring, loving and educated home. Our sled dogs are not rescues they are cared for and loved by an amazing compassionate team Krabloonik will be owned by new experienced Mushers and the needs for such a large kennel are no longer necessary. Section 3. -Feeding, Housing and Modern Care Plan A. Feeding/Hydration 3 ( Page 02-04-19 TC Packet Page 113 of 119 114 The New Krabloonik will continue to feed the proven scientifically developed sled dog food Dr. Tims In addition continued feedings of frozen kibble mixed with fats, meats and recycled bi products of the restaurant will be fed throughout the day. Additional night snacking if needed, for shorter times in between meals. Hydration is a strong key in sled dog nutrition In addition to clean fresh water available at all times a hot broth filled with supplements and pure fat to warm the sled dogs from the inside out will be distributed twice daily along with offerings after every run B. Housing/Weather Krabloonik's first goal is to modernize the housing, we are currently looking for an ideal design. Dry bedding will be offered year round Sled dogs will be sheltered inside if struggling with low temperatures or adopted into homes immediately. New housing will accommodate the current "porch"system for proper shade in the summer season A system of misting the dogs in the summer months will be incorporated C. Medical Care Krabloonik will be supported locally by the Aspen Animal Hospital and their staff Krabloonik will continue to research and educate ourselves on the most proven techniques of sled dog care. All minor to major injuries or illness will be documented and on record for future inquiries All sled dogs will have a tag with a number and a corresponding file. In the event that a sled dog is no longer able to live a happy and healthy life we will have the sled dogs euthanized peacefully by our kind and compassionate team of Veterinarians on site in their own environment. D. Off Season exercise The new Krabloonik will continue with the off season exercise program We will strive to increase time off tether as the program develops. We are currently exceeding state requirements. We have learned that the sled dogs love to free run and it develops into an amazing training experience. We will continue in moving forward increasing less tether time Krabloonik will staff year round trained sled dog care takers living on site. Krabloonik's Mission is to develop and institute new and modernized standards of sled dog care Our devotion to our sled dogs and the life that comes with it will show as we evolve Krabloonik into the modern dog sledding kennel that stands out and pioneers the training and care of K9 athletes. 41Page 02-04-19 TC Packet Page 114 of 119 115 EXHIBIT "B" - REVISED and AMENDED KRABLOONIK LEASE AND OPTION AGREEMENT FOR APPOINTMENT OF A RECEIVER THI AGREEMENT FOR APPOINTMENT OF A RECEIVER ("Agreement") is made as of t 1( . , )1F, 2015 by and between Dan MacEachen ("MacEachen"), and the Town of Snowmass Village, Colorado, a Colorado home rule municipality ("TOSV") RECITALS A. MacEachen has conveyed all of his interest in Krabloonik, Inc , a Colorado corporation, which owns and operates the Krabloonik Kennel and Restaurant in Snowmass Village, CO (the"Business") to Daniel and Regina Phillips (the"Buyers") pursuant to a Stock Purchase Agreement dated November 24, 2014. B. MacEachen agreed to finance the above-described conveyance pursuant to a Promissory Note payable by Buyers to MacEachen, which Promissory Note is secured by a pledge of the Buyer's shares of stock in Krabloonik, Inc ("Stock Pledge") C. In the event Buyer defaults in the payment of the Promissory Note or the terms of the Stock Pledge, following which MacEachen exercises his right to reacquire the stock in Krabloonik, Inc., MacEachen and TOSV desire that operational control and management of the Business be transferred to and vested in a Receiver until such time as the Business is either sold to a third-party or liquidated and terminated. NOW THEREFORE, for in consideration of the mutual covenants, terms and conditions contained herein, the Parties agree as follows 1. Appointment of Receiver In the event that MacEachen elects to exercise his right under the Stock Pledge to re-acquire the stock of Krabloonik, Inc , MacEachen shall provide written notice to TOSV prior to exercise of such rights and prior to taking possession of the pledged Stock Certificates At such time as the stock in Krabloonik, Inc is transferred to MacEachen pursuant to the Stock Pledge, MacEachen and TOSV shall jointly appoint a qualified Receiver to assume control of Krabloonik, Inc. as provided herein If the parties cannot agree on the Receiver to be appointed within twenty(20) business days of the aforementioned notice, TOSV shall be entitled to appoint the Receiver of its choice The Receiver shall be entitled to charge its normal and customary fees and to be reimbursed for out-of-pocket expenses in connection with its services under this Agreement The fees of the Receiver shall have priority over the payment of other expenses of the Business 2 Receiver Authority and Receiver Property Receiver shall take charge, manage, operate or discontinue all or part of the operation of the Business; including the care and feeding of sled dogs, and, in his sole discretion shall appoint such managers, employees, accountants, attorneys, and 02-04-19 TC Packet Page 115 of 119 116 Agreement for Appointment of A Receiver Page 2 of 5 other professionals, as he deems appropriate and necessary to assist him in the management, operation or discontinuance of the Business, the protection of its assets, and the sale of the Business. The Receiver shall have all the powers and authority usually held by receivers and reasonably necessary to accomplish the purposes herein stated, including but not limited to, the following: a) To take charge and possession of the Business, all improvements involved in the operation of the Business, all personal property used or associated with the operation of the Business, regardless of where such property is located, including but not limited to, accounts receivable, security deposits, bank accounts, checks, drafts, notes, contracts, claims, leases, all files, including but not limited to, personnel files and operations manuals, all records, including but not limited to, financial records and payroll records, all certificates and licenses, fixtures, equipment, inventory, keys, supplies, and furniture, in whomsoever' s possession they may be (all collectively herein referred to as the Receivership Property"); b) To arrange and pay for appropriate insurance coverage, including but not limited to, casualty, property, and liability insurance for the Receivership Property through assumption of the owners' insurance or by arranging for new insurance; c) To deposit all sums received by it in a financial institution insured by the federal government in its name as Receiver; d) To repair, replace, maintain and protect the Receivership Property, and to pay for ordinary and necessary maintenance thereto, including deferred maintenance, and to take such other steps as the Receiver deems appropriate to prevent waste; e) To enter into, abrogate, modify, terminate, ratify, confirm and/or renegotiate (to the extent legally entitled to do so) contracts or other agreements related to the operation of the Receivership Property, including but not limited to, hiring and firing of employees, present or future managers or management companies, leasing agents, or other professionals dealing with the Receivership Property; f) To enter into contracts with third parties to accomplish any of the powers of the Receivership and for purposes of administration of the Receivership, including but not 02-04-19 TC Packet Page 116 of 119 117 Agreement for Appointment of A Receiver Page 3 of 5 limited to, the hiring of managers and/or management companies, leasing agents, listing agents, accountants, attorneys, and other professionals, which contracts may extend past the term of the Receivership, and to pay the fees of such as expenses of the Receivership; g) To take all actions necessary to comply with applicable state and federal law and any applicable rules, regulations, or orders thereunder; h) To hire an attorney to represent the Receivership Property and to file and maintain legal proceedings to protect the Receivership Property, pursue claims relating to the operation of the Receivership Property and to enforce the provisions of this Agreement, and if the Receiver so elects in his sole discretion, to be added or substituted as plaintiff in any legal proceedings already commenced which affect the Receivership Property; i) To utilize the services of the Sheriffs Department or Police Department, or to retain security personnel, as necessary to secure the Receivership Property or assist the Receiver in performance of his duties under this Order; j) To incur indebtedness to the extent required to perform its duties as Receiver; k) To use income and receipts from the Receivership Property for the payment of all costs associated with the operation and maintenance of the Business; for the payment of administrative expenses of the Receivership; for the payment of Receiver's fees and costs, his attorney's and consultant's fees and costs; for payment of the expenses of the Receivership including but not limited to taxes and utilities; for payment toward any debt which is secured by a lien on the Receivership Property. All remaining income from the Receivership Estate shall be held by the Receivership Estate pending sale or termination of the Business; and I) To do any and all acts necessary and convenient or incidental to the foregoing. 3. TOSV Lease. The Business is currently conducted upon land that is subject to the Krabloonik Lease and Option dated September 25, 2006 between TOSV and Krabloonik, Inc., and the First Amendment thereto dated 2015 (the "TOSV Lease"). The Receiver shall use his best efforts to operate the Business in a manner that complies with the terms and conditions of the TOSV Lease and to prevent a default thereunder. The Receiver shall not have the authority to modify or terminate the TOSV Lease without the written consent of MacEachen, which consent may be withheld for any reason. Likewise, the Receiver shall not exercise the Option to 02-04-19 TC Packet Page 117 of 119 118 Agreement for Appointment of A Receiver Page 4 of 5 purchase the land that is subject to the TOSV Lease without the written consent of MacEachen, which consent may be withheld for any reason. 4. Delivery of Receiver Property. Upon notice of the Receiver's appointment hereunder, all persons in active participation with the Business, including but not limited to the Buyers, banks, accountants, employees, and other agents, shall be directed by MacEachen and TOSV to deliver immediately over to the Receiver all Receiver Property, endorsed to the Receiver where necessary, and continue to deliver immediately to the Receiver any such property received at any time in the future and, where necessary or requested, to explain to the Receiver all books, files, and other records relating to the operation, maintenance and management of the Business, and to permit the Receiver to carry out his duties hereunder without interference. 5. MacEachen Injunction. Except as may be expressly authorized by this Agreement or any amendment thereto, MacEachen is enjoined from: a) collecting any revenues from the operation of the Business or withdrawing funds from any bank or other depository account containing revenues of the Receivership Property, other than with the consent of the Receiver and TOSV; b) terminating or causing to be terminated any license, permit, lease, contract or agreement relating to the Business; and c) Exercising any authority or control over the operation of the Business. 6.Sale or Liquidation of Business. In addition to the management and operation of the Business, the Receiver shall undertake a reasonable effort to sell the stock in Krabloonik, Inc. or its assets. To that end, the Receiver may advertise the Business for sale and may enter into listing contracts with qualified real estate or business brokers. The purchase price and terms of sale shall be subject to approval by MacEachen, in his sole discretion. The qualifications of the buyer, particularly with respect to the care and feeding of sled dogs, shall be subject to approval by both MacEachen and TOSV, in their discretion. MacEachen hereby reserves the right to terminate the sale effort at any time and to instruct the Receiver to terminate operation of the Business, to terminate the TOSV Lease, and to liquidate the assets of the Business and otherwise wind up its affairs. In the event that the Business is sold or terminated and liquidated by the Receiver, all funds shall remain in the hands of the Receiver after first defraying expenses of the Receivership including the Receiver's attorneys'and other professionals' fees and costs and the payment of any costs incurred in the operation and maintenance of the Business, the payment of taxes, insurance, utility 02-04-19 TC Packet Page 118 of 119 119 Agreement for Appointment of A Receiver Page 5 of 5 bills and such other bills as set forth in this Agreement, and said funds shall then be distributed to MacEachen 7,Breach of TOSV Lease. If MacEachen exercises his right to re-acquire the stock in Krabloonik, Inc. pursuant to the Stock Pledge and subsequently fails to comply with Paragraph 5, above. such failure shall constitute a breach of the TOSV Lease. IN WITNESS WHEREOF, each party to this agreement has caused It to be executed on the date indicated above. TOWN OF pit 'MASS VILLAGE 7.7 • A Dan MacEachen ITS rte, ,,,y 02-04-19 TC Packet Page 119 of 119 120